Florida Senate - 2020 CS for SB 1506
By the Committee on Criminal Justice; and Senators Brandes and
Bracy
591-03079-20 20201506c1
1 A bill to be entitled
2 An act relating to public records; amending s.
3 943.0587, F.S.; providing a public records exemption
4 to include the expunction of specified convictions of
5 certain persons convicted of driving while license
6 suspended, revoked, canceled, or disqualified;
7 providing for legislative review and repeal of the
8 exemption; providing a statement of public necessity;
9 providing a contingent effective date.
10
11 Be It Enacted by the Legislature of the State of Florida:
12
13 Section 1. Paragraphs (c) and (d) are added to subsection
14 (8) of section 943.0587, Florida Statutes, as created by SB
15 1504, 2020 Regular Session, to read:
16 943.0587 Driving while license suspended, revoked,
17 canceled, or disqualified expunction.—
18 (8) EFFECT OF EXPUNCTION ORDER.—
19 (c) Any criminal history record of a person which is
20 ordered expunged by a court of competent jurisdiction pursuant
21 to this section must be physically destroyed or obliterated by
22 any criminal justice agency having custody of such record,
23 except that any criminal history record in the custody of the
24 department must be retained in all cases. A criminal history
25 record ordered expunged which is retained by the department is
26 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
27 of the State Constitution and not available to any person or
28 entity except upon order of a court of competent jurisdiction. A
29 criminal justice agency may retain a notation indicating
30 compliance with an order to expunge. This paragraph is subject
31 to the Open Government Sunset Review Act in accordance with s.
32 119.15 and shall stand repealed on October 2, 2025, unless
33 reviewed and saved from such repeal through reenactment by the
34 Legislature.
35 (d) Information relating to the existence of an expunged
36 criminal history record which is provided in accordance with
37 paragraph (c) is confidential and exempt from s. 119.07(1) and
38 s. 24(a), Art. I of the State Constitution, except that the
39 department shall disclose the existence of a criminal history
40 record ordered expunged to the entities set forth in
41 subparagraph (a)1. for their respective licensing, access
42 authorization, and employment purposes and to criminal justice
43 agencies for their respective criminal justice purposes. It is
44 unlawful for any employee of an entity set forth in
45 subparagraphs (a)1. and 4.-8. to disclose information relating
46 to the existence of an expunged criminal history record of a
47 person seeking employment, access authorization, or licensure
48 with such entity or contractor, except to the person to whom the
49 criminal history record relates or to persons having direct
50 responsibility for employment, access authorization, or
51 licensure decisions. This paragraph is subject to the Open
52 Government Sunset Review Act in accordance with s. 119.15 and
53 shall stand repealed on October 2, 2025, unless reviewed and
54 saved from such repeal through reenactment by the Legislature.
55 Section 2. The Legislature finds that it is a public
56 necessity that the expunged criminal history record of a person
57 who has been convicted of a felony offense of driving while
58 license suspended, revoked, canceled, or disqualified which is
59 no longer classified as a felony be made confidential and exempt
60 from s. 119.07(1), Florida Statutes, and s. 24(a), Article I of
61 the State Constitution. The Legislature further finds that any
62 information relating to the existence of an expunged criminal
63 history record resulting from a felony offense of driving while
64 license suspended, revoked, canceled, or disqualified which is
65 no longer classified as a felony be made confidential and exempt
66 from s. 119.07(1), Florida Statutes, and s. 24(a), Article I of
67 the State Constitution. The presence of a criminal history
68 record in a person’s past can jeopardize his or her ability to
69 obtain education, employment, and other opportunities. The
70 presence of such a criminal history record in these individuals’
71 past creates an unnecessary barrier to becoming productive,
72 contributing, self-sustaining members of society and can
73 jeopardize individuals’ ability to achieve a safe livelihood.
74 The Legislature therefore finds that it is in the best interest
75 of the public that such individuals are given the opportunity to
76 become contributing members of society.
77 Section 3. This act shall take effect on the same date as
78 SB 1504 or similar legislation takes effect, if such legislation
79 is adopted in the same legislative session or an extension
80 thereof and becomes a law.