Florida Senate - 2020 SB 1862 By Senator Brandes 24-02090-20 20201862__ 1 A bill to be entitled 2 An act relating to public records; amending s. 3 943.0586, F.S.; specifying requirements for certain 4 agencies in the disposition of expunged criminal 5 history records; providing an exemption from public 6 records requirements for certain expunged criminal 7 history records and related information of persons who 8 possessed 4 ounces or less of cannabis, with 9 exceptions; providing for future review and repeal of 10 the exemption; providing a statement of public 11 necessity; providing a contingent effective date. 12 13 Be It Enacted by the Legislature of the State of Florida: 14 15 Section 1. Paragraphs (c) and (d) are added to subsection 16 (8) of section 943.0586, Florida Statutes, as created by SB ___, 17 to read: 18 943.0586 Cannabis expunction.— 19 (8) 20 (c) Any criminal history record of a person which is 21 ordered expunged by a court of competent jurisdiction under this 22 section must be physically destroyed or obliterated by any 23 criminal justice agency having custody of such record, except 24 that any criminal history record in the custody of the 25 department must be retained in all cases. A criminal history 26 record ordered expunged which is retained by the department is 27 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I 28 of the State Constitution and may not be made available to any 29 person or entity except upon order of the court. A criminal 30 justice agency may retain a notation indicating compliance with 31 an order to expunge. This paragraph is subject to the Open 32 Government Sunset Review Act in accordance with s. 119.15 and 33 shall stand repealed on October 2, 2025, unless reviewed and 34 saved from repeal through reenactment by the Legislature. 35 (d) Information relating to the existence of an expunged 36 criminal history record which is retained 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 paragraph 41 (a) for their respective licensing, access authorization, and 42 employment purposes and to criminal justice agencies for their 43 respective criminal justice purposes. It is unlawful for an 44 employee of any entity set forth in paragraph (a) to disclose 45 information relating to the existence of an expunged criminal 46 history record of a person seeking employment, access 47 authorization, or licensure with such entity or contractor, 48 except to the person to whom the criminal history record relates 49 or to persons having direct responsibility for employment, 50 access authorization, or licensure decisions. This paragraph is 51 subject to the Open Government Sunset Review Act in accordance 52 with s. 119.15 and shall stand repealed on October 2, 2025, 53 unless reviewed and saved from repeal through reenactment by the 54 Legislature. 55 Section 2. The Legislature finds that it is a public 56 necessity that criminal history records resulting from a 57 person’s possession of 4 ounces or less of cannabis which are 58 expunged be made confidential and exempt from s. 119.07(1), 59 Florida Statutes, and s. 24(a), Article I of the State 60 Constitution. The Legislature further finds that it is a public 61 necessity that any information relating to the existence of an 62 expunged criminal history record resulting from a person’s 63 possession of 4 ounces or less of cannabis be made confidential 64 and exempt from s. 119.07(1), Florida Statutes, and s. 24(a), 65 Article I of the State Constitution. An individual’s criminal 66 history record, or any information relating to a criminal 67 history record that has been expunged, can jeopardize his or her 68 ability to obtain education, employment, housing, and other 69 opportunities necessary to being a productive, contributing, 70 self-sustaining member of society. Such negative consequences 71 are unwarranted for past actions that the State of Florida no 72 longer considers a criminal act. Under s. 893.13, Florida 73 Statutes, possession of 4 ounces or less of cannabis by a person 74 21 years of age or older is not a criminal act. The Legislature 75 therefore finds that it is in the best interest of the public 76 that individuals with criminal history records that have been 77 expunged under s. 943.0586, Florida Statutes, are given the 78 opportunity to become contributing members of society. 79 Therefore, making such expunged criminal history records and any 80 information relating to the expunction confidential and exempt 81 from public records requirements is of greater importance than 82 any public benefit that may be derived from the full disclosure 83 and release of such records and information. 84 Section 3. This act shall take effect on the same date that 85 SB ____ or similar legislation takes effect, if such legislation 86 is adopted in the same legislative session or an extension 87 thereof and becomes a law.