Florida Senate - 2021 COMMITTEE AMENDMENT
Bill No. SB 470
Ì970016|Î970016
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/15/2021 .
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The Committee on Judiciary (Bracy) recommended the following:
1 Senate Amendment
2
3 Delete lines 12 - 42
4 and insert:
5 Section 1. Subsection (8) is added to section 943.0586,
6 Florida Statutes, as created by SB 468 or similar legislation,
7 2021 Regular Session, to read:
8 943.0586 Expunction of qualifying cannabis offenses.—
9 (8) PUBLIC RECORDS—A criminal history record ordered
10 expunged under this section which is retained by the department
11 is confidential and exempt from s. 119.07(1) and s. 24(a), Art.
12 I of the State Constitution, except that the department shall
13 disclose the existence of a criminal history record ordered
14 expunged to the entities set forth in subparagraphs (6)(a)1. and
15 3.-7. for their respective licensing, access authorization, and
16 employment purposes and to criminal justice agencies for their
17 respective criminal justice purposes. It is unlawful for any
18 employee of an entity set forth in subparagraph (6)(a)1.,
19 subparagraph (b)3., subparagraph (b)4., subparagraph (b)5.,
20 subparagraph (b)6., or subparagraph (b)7. to disclose
21 information relating to the existence of an expunged criminal
22 history record of a person seeking employment, access
23 authorization, or licensure with such entity or contractor,
24 except to the person to whom the criminal history record relates
25 or to persons having direct responsibility for employment,
26 access authorization, or licensure decisions. A person who
27 violates this paragraph commits a misdemeanor of the first
28 degree, punishable as provided in s. 775.082 or s. 775.083. This
29 section is subject to the Open Government Sunset Review Act in
30 accordance with s. 119.15 and shall stand repealed on October 2,
31 2025, unless reviewed and saved from repeal through reenactment
32 by the Legislature.
33 Section 2. The Legislature finds that it is a public
34 necessity that individuals who petition a court and are granted
35 expunction of certain low-level and nonviolent criminal history
36 records have such criminal history records made confidential and
37 exempt from s. 119.07(1), Florida Statutes, and s. 24(a),
38 Article I of the State Constitution. The Legislature recognizes
39 the disproportionate harm that criminalizing the purchase or
40 possession of small amounts of cannabis has had on minorities
41 and disadvantaged communities. The Legislature further
42 recognizes the trends in this state, and nationally, of counties
43 and localities decriminalizing the purchase or possession of
44 small amounts of cannabis. The Legislature also recognizes the
45 need for certain limited exceptions are necessary for public
46 safety. Without this public records exemption, individuals
47 having such low-level and nonviolent criminal history records
48 who are granted expunction of such records might not be able to
49 seek gainful employment and become productive, contributing
50 members of this state. For these reasons, the Legislature finds
51 that it is a public necessity that such records be made
52 confidential and exempt.
53 Section 3. This act shall take effect on the same date that
54 SB 468 or similar legislation takes effect, if such legislation
55