Florida Senate - 2020                                    SB 1292
       
       
        
       By Senator Perry
       
       
       
       
       
       8-01761-20                                            20201292__
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         943.0582, F.S.; providing an exemption from public
    4         records requirements for a nonjudicial record of the
    5         arrest of a minor who has successfully completed a
    6         diversion program; providing for retroactive
    7         application; providing for future legislative review
    8         and repeal of the exemption under the Open Government
    9         Sunset Review Act; providing a statement of public
   10         necessity; providing a contingent effective date.
   11          
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Subsection (5) is added to section 943.0582,
   15  Florida Statutes, to read:
   16         943.0582 Diversion program expunction.—
   17         (5) A nonjudicial record of the arrest of a minor who has
   18  successfully completed a diversion program which is sealed or
   19  expunged under this section and which is retained by the
   20  department is confidential and exempt from s. 119.07(1) and s.
   21  24(a), Art. I of the State Constitution, except that the record
   22  may be made available to criminal justice agencies only for the
   23  purposes specified in subparagraph (2)(b)1. The exemption under
   24  this subsection applies to records held by the department
   25  before, on, or after July 1, 2020. This subsection is subject to
   26  the Open Government Sunset Review Act in accordance with s.
   27  119.15 and shall stand repealed on October 2, 2025, unless
   28  reviewed and saved from repeal through reenactment by the
   29  Legislature.
   30         Section 2. The Legislature finds that it is a public
   31  necessity that the nonjudicial record of the arrest of a minor
   32  who successfully completed a diversion program for minors, which
   33  is sealed or expunged pursuant to s. 943.0582, Florida Statutes,
   34  be made confidential and exempt from s. 119.07(1), Florida
   35  Statutes, and s. 24(a), Article I of the State Constitution. The
   36  purpose of diversion programs is to redirect youth from the
   37  justice system with opportunities for programming,
   38  rehabilitation, and restoration. This purpose will be undermined
   39  if the nonjudicial record of arrest is not confidential and
   40  exempt. The presence of a nonjudicial record of arrest of a
   41  minor who completed a diversion program can jeopardize his or
   42  her ability to obtain education, employment, and other
   43  opportunities necessary to become a productive, contributing,
   44  self-sustaining member of society. Such negative consequences
   45  are unwarranted in cases in which the minor was successfully
   46  diverted from further delinquency proceedings through the
   47  completion of a diversion program. For these reasons, the
   48  Legislature finds that it is a public necessity that the
   49  criminal history records of minors which have received an
   50  expunction due to the successful completion of a diversion
   51  program be confidential and exempt from public records
   52  requirements.
   53         Section 3. This act shall take effect on the same date that
   54  SB 700 or similar legislation takes effect, if such legislation
   55  is adopted in the same legislative session or an extension
   56  thereof and becomes a law.