Florida Senate - 2021 COMMITTEE AMENDMENT Bill No. SB 470 Ì970016|Î970016 LEGISLATIVE ACTION Senate . House Comm: RCS . 03/15/2021 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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 This 29 section is subject to the Open Government Sunset Review Act in 30 accordance with s. 119.15 and shall stand repealed on October 2, 31 2025, unless reviewed and saved from repeal through reenactment 32 by the Legislature. 33 Section 2.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