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   33  shall stand repealed on October 2, 2025, unless reviewed and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.