Florida Senate - 2015 SB 1612 By Senator Detert 28-02504-15 20151612__ 1 A bill to be entitled 2 An act relating to public records; amending s. 3 943.0584, F.S., relating to nonjudicial expunction of 4 criminal history records; providing an exemption from 5 public records requirements for specified records that 6 have been approved for nonjudicial expunction; 7 amending s. 943.0585, F.S., relating to court-ordered 8 expunction of criminal history records; providing an 9 exemption from public records requirements for 10 criminal history records related to a withhold of 11 adjudication that have been expunged; amending s. 12 943.059, F.S., relating to nonjudicial sealing of 13 criminal history records; providing an exemption from 14 public records requirements for a record related to a 15 withhold of adjudication or nonviolent misdemeanor 16 conviction that has been approved for a nonjudicial 17 sealing; providing for future legislative review and 18 repeal of the exemptions; providing a statement of 19 public necessity; providing a contingent effective 20 date. 21 22 Be It Enacted by the Legislature of the State of Florida: 23 24 Section 1. Subsection (6) of section 943.0584, Florida 25 Statutes, as created by SB 488 of the 2015 Regular Session, is 26 amended to read: 27 943.0584 Nonjudicial expunction of criminal history 28 records.— 29 (6) EFFECT OF NONJUDICIAL EXPUNCTION.— 30 (a) A criminal history record of an adult or a minor 31 eligible for expunction under subsection (2) which is approved 32 for nonjudicial expunction by the department pursuant to this 33 section is confidential and exempt from s. 119.07(1) and s. 34 24(a), Art. I of the State Constitution. 35 (b) A confidential and exempt criminal history record 36 expunged under this section has the same effect, and such record 37 may be disclosed by the department in the same manner, as a 38 record expunged under s. 943.0585. 39 (c) This subsection is subject to the Open Government 40 Sunset Review Act in accordance with s. 119.15 and shall stand 41 repealed on October 2, 2020, unless reviewed and saved from 42 repeal through reenactment by the Legislature. 43 Section 2. Present paragraphs (b), (c), and (d) of 44 subsection (7) of section 943.0585, Florida Statutes, as amended 45 by SB 488, are redesignated as paragraphs (c), (d), and (f), 46 respectively, and new paragraphs (b) and (e) are added to that 47 subsection, to read: 48 943.0585 Court-ordered expunction of criminal history 49 records.— 50 (7) EFFECT OF EXPUNCTION.— 51 (b)1. A criminal history record that is ordered expunged 52 under this section and that is retained by the department is 53 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I 54 of the State Constitution and is not available to any person or 55 entity except upon order of a court of competent jurisdiction. A 56 criminal justice agency may retain a notation indicating 57 compliance with an order to expunge. 58 2. This paragraph is subject to the Open Government Sunset 59 Review Act in accordance with s. 119.15 and shall stand repealed 60 on October 2, 2020, unless reviewed and saved from repeal 61 through reenactment by the Legislature. 62 (e)1. Information relating to the existence of an expunged 63 criminal history record which is provided in accordance with 64 paragraph (c) is confidential and exempt from s. 119.07(1) and 65 s. 24(a), Art. I of the State Constitution. 66 2. The existence of a confidential and exempt criminal 67 history record expunged under this section may be disclosed by 68 the department to the entities set forth in subparagraphs (c)1., 69 4., 5., 6., 7., and 8. for their respective licensing, access 70 authorization, and employment purposes, and to criminal justice 71 agencies for their respective criminal justice purposes. It is 72 unlawful for any employee of an entity set forth in subparagraph 73 (c)1., subparagraph (c)4., subparagraph (c)5., subparagraph 74 (c)6., subparagraph (c)7., or subparagraph (c)8. to disclose 75 information relating to the existence of an expunged criminal 76 history record of a person seeking employment, access 77 authorization, or licensure with such entity or contractor, 78 except to the person to whom the criminal history record relates 79 or to persons having direct responsibility for employment, 80 access authorization, or licensure decisions. 81 3. A person who violates this paragraph commits a 82 misdemeanor of the first degree, punishable as provided in s. 83 775.082 or s. 775.083. 84 4. This paragraph is subject to the Open Government Sunset 85 Review Act in accordance with s. 119.15 and shall stand repealed 86 on October 2, 2020, unless reviewed and saved from repeal 87 through reenactment by the Legislature. 88 Section 3. Present paragraphs (a), (b), and (c) of 89 subsection (6) of section 943.059, Florida Statutes, as amended 90 by SB 488 of the 2015 Regular Session, are redesignated as 91 paragraphs (b), (c), and (e), respectively, and new paragraphs 92 (a) and (d) are added to that subsection, to read: 93 943.059 Nonjudicial sealing of criminal history records.— 94 (6) EFFECT OF SEALING.— 95 (a)1. Any criminal history record of an adult or a minor 96 described in paragraph (2)(a) which is approved for nonjudicial 97 sealing by the department pursuant to this section is 98 confidential and exempt from of s. 119.07(1) and s. 24(a), Art. 99 I of the State Constitution. 100 2. A confidential and exempt criminal history record may be 101 disclosed by the department to: 102 a. The person who is the subject of the record or to the 103 subject’s attorney. 104 b. A criminal justice agency in the furtherance of its 105 lawful duties and responsibilities, which include conducting a 106 criminal history background check for approval of firearms 107 purchases or transfers as authorized by state or federal law. 108 c. A judge in the state courts system for the purpose of 109 assisting in case-related decisionmaking responsibilities as set 110 forth in s. 943.053(5). 111 d. Those entities set forth in subparagraphs (b)1., 4., 5., 112 6., 8., 9., and 10. for their respective licensing, access 113 authorization, and employment purposes. 114 3. This paragraph is subject to the Open Government Sunset 115 Review Act in accordance with s. 119.15 and shall stand repealed 116 on October 2, 2020, unless reviewed and saved from repeal 117 through reenactment by the Legislature. 118 (d) Information relating to the existence of a sealed 119 criminal history record which is provided in accordance with 120 paragraph (b) is confidential and exempt from s. 119.07(1) and 121 s. 24(a), Art. I of the State Constitution, except that the 122 department shall disclose the sealed criminal history record to 123 the entities set forth in subparagraphs (b)1., 4., 5., 6., 8., 124 9., and 10. for their respective licensing, access 125 authorization, and employment purposes and to criminal justice 126 agencies for their respective criminal justice purposes. It is 127 unlawful for any employee of an entity set forth in subparagraph 128 (b)1., subparagraph (b)4., subparagraph (b)5., subparagraph 129 (b)6., subparagraph (b)8., subparagraph (b)9., or subparagraph 130 (b)10. to disclose information relating to the existence of a 131 sealed criminal history record of a person seeking employment, 132 access authorization, or licensure with such entity or 133 contractor, except to the person to whom the criminal history 134 record relates or to persons having direct responsibility for 135 employment, access authorization, or licensure decisions. A 136 person who violates this paragraph commits a misdemeanor of the 137 first degree, punishable as provided in s. 775.082 or s. 138 775.083. 139 Section 4. The Legislature finds that it is a public 140 necessity that the criminal history records of an adult or minor 141 that have been expunged or sealed pursuant to s. 943.0584, s. 142 943.0585, or s. 943.059, Florida Statutes, be made confidential 143 and exempt from s. 119.07(1), Florida Statutes, and s. 24(a), 144 Article I of the State Constitution. Many people whose 145 prosecutions have been abandoned, who were found not guilty 146 subsequent to a jury trial, or who have completed any sanctions 147 imposed by the court in the criminal or juvenile justice system 148 find it difficult to obtain employment. The presence of a 149 criminal history record in these individuals’ past creates an 150 unnecessary barrier to becoming productive members of society 151 and may jeopardize their ability to achieve a safe livelihood. 152 The Legislature therefore finds that it is in the best interest 153 of the public that persons be given the opportunity to become 154 contributing members of society. 155 Section 5. This act shall take effect on the same date that 156 SB 488 or similar legislation relating to expunging and sealing 157 of criminal history records takes effect, if such legislation is 158 adopted in the same legislative session or an extension thereof 159 and becomes a law.