Florida Senate - 2022                              CS for SB 344
       
       
        
       By the Committee on Criminal Justice; and Senator Perry
       
       
       
       
       
       591-01003-22                                           2022344c1
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         943.0582, F.S.; providing an exemption from public
    4         records requirements for a nonjudicial record of the
    5         arrest of a minor who has successfully completed a
    6         diversion program; providing for retroactive
    7         application; providing for future legislative review
    8         and repeal of the exemption; providing a statement of
    9         public necessity; providing a contingent effective
   10         date.
   11          
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Subsection (5) is added to section 943.0582,
   15  Florida Statutes, to read:
   16         943.0582 Diversion program expunction.—
   17         (5) A nonjudicial record of the arrest of a minor who has
   18  successfully completed a diversion program which is sealed or
   19  expunged under this section and which is retained by the
   20  department is confidential and exempt from s. 119.07(1) and s.
   21  24(a), Art. I of the State Constitution, except that the record
   22  may be made available to criminal justice agencies only for the
   23  purposes specified in subparagraph (2)(b)1. The exemption under
   24  this subsection applies to records held by the department
   25  before, on, or after July 1, 2022. This subsection is subject to
   26  the Open Government Sunset Review Act in accordance with s.
   27  119.15 and shall stand repealed on October 2, 2027, unless
   28  reviewed and saved from repeal through reenactment by the
   29  Legislature.
   30         Section 2. The Legislature finds that it is a public
   31  necessity that the nonjudicial record of the arrest of a minor
   32  who successfully completed a diversion program for minors which
   33  is sealed or expunged pursuant to s. 943.0582, Florida Statutes,
   34  be made confidential and exempt from s. 119.07(1), Florida
   35  Statutes, and s. 24(a), Article I of the State Constitution. The
   36  purpose of diversion programs is to redirect youth from the
   37  justice system with opportunities for programming,
   38  rehabilitation, and restoration. This purpose is undermined if
   39  the nonjudicial record of arrest is not confidential and exempt.
   40  The presence of a nonjudicial record of arrest of a minor who
   41  completed a diversion program can jeopardize his or her ability
   42  to obtain education, employment, and other opportunities
   43  necessary to become a productive, contributing, self-sustaining
   44  member of society. Such negative consequences are unwarranted in
   45  cases in which the minor was successfully diverted from further
   46  delinquency proceedings through the completion of a diversion
   47  program. For these reasons, the Legislature finds that it is a
   48  public necessity that the criminal history records of minors
   49  which have received an expunction due to the successful
   50  completion of a diversion program be confidential and exempt
   51  from public records requirements.
   52         Section 3. This act shall take effect on the same date that
   53  SB 342 or similar legislation takes effect, if such legislation
   54  is adopted in the same legislative session or an extension
   55  thereof and becomes a law.