SB 1210 First Engrossed 20231210e1 1 A bill to be entitled 2 An act relating to public records; amending s. 3 943.0583, F.S.; expanding an existing public records 4 exemption relating to human trafficking victims 5 seeking expunction of certain records related to an 6 offense listed in s. 775.084(1)(b)1., F.S.; providing 7 for future review and repeal of the expanded 8 exemption; providing for the reversion of specified 9 provisions if the exemption is not saved from repeal; 10 providing that a petition for human trafficking victim 11 expunction and all pleadings and documents related to 12 the petition are confidential and exempt from public 13 records requirements; providing for future legislative 14 review and repeal of the exemption; providing a 15 statement of public necessity; providing a contingent 16 effective date; providing effective dates. 17 18 Be It Enacted by the Legislature of the State of Florida: 19 20 Section 1. Paragraph (d) is added to subsection (3) of 21 section 943.0583, Florida Statutes, as amended by SB 1690 or 22 similar legislation, 2023 Regular Session, and subsections (10) 23 and (11) of that section are republished, to read: 24 943.0583 Human trafficking victim expunction.— 25 (3) 26 (d) The expansion by paragraph (b) of the public records 27 exemption contained in subsection (10) to allow for the 28 expunction of certain criminal history records related to an 29 offense listed in s. 775.084(1)(b)1. is subject to the Open 30 Government Sunset Review Act in accordance with s. 119.15 and 31 shall stand repealed on October 2, 2028, unless reviewed and 32 saved from repeal through reenactment by the Legislature. If the 33 expansion of the exemption is not saved from repeal, this 34 subsection shall revert to that in existence on June 30, 2023, 35 except that any amendments to this subsection other than by this 36 act shall be preserved and continue to operate to the extent 37 that such amendments are not dependent upon the portions of this 38 subsection which expire pursuant to this paragraph. 39 (10)(a) A criminal history record ordered expunged under 40 this section that is retained by the department is confidential 41 and exempt from s. 119.07(1) and s. 24(a), Art. I of the State 42 Constitution, except that the record shall be made available: 43 1. To criminal justice agencies for their respective 44 criminal justice purposes. 45 2. To any governmental agency that is authorized by state 46 or federal law to determine eligibility to purchase or possess a 47 firearm or to carry a concealed firearm for use in the course of 48 such agency’s official duties. 49 3. Upon order of a court of competent jurisdiction. 50 (b) A criminal justice agency may retain a notation 51 indicating compliance with an order to expunge. 52 (11)(a) The following criminal intelligence information or 53 criminal investigative information is confidential and exempt 54 from s. 119.07(1) and s. 24(a), Art. I of the State 55 Constitution: 56 1. Any information that reveals the identity of a person 57 who is a victim of human trafficking whose criminal history 58 record has been expunged under this section. 59 2. Any information that may reveal the identity of a person 60 who is a victim of human trafficking whose criminal history 61 record has been ordered expunged under this section. 62 (b) Criminal investigative information and criminal 63 intelligence information made confidential and exempt under this 64 subsection may be disclosed by a law enforcement agency: 65 1. In the furtherance of its official duties and 66 responsibilities. 67 2. For print, publication, or broadcast if the law 68 enforcement agency determines that such release would assist in 69 locating or identifying a person that the agency believes to be 70 missing or endangered. The information provided should be 71 limited to that needed to identify or locate the victim. 72 3. To another governmental agency in the furtherance of its 73 official duties and responsibilities. 74 (c) This exemption applies to such confidential and exempt 75 criminal intelligence information or criminal investigative 76 information held by a law enforcement agency before, on, or 77 after the effective date of the exemption. 78 Section 2. Subsection (12) is added to section 943.0583, 79 Florida Statutes, to read: 80 943.0583 Human trafficking victim expunction.— 81 (12)(a) A petition filed pursuant to this section and all 82 pleadings and documents related to the petition are confidential 83 and exempt from s. 119.07(1) and s. 24(a), Art. I of the State 84 Constitution. 85 (b) This subsection is subject to the Open Government 86 Sunset Review Act in accordance with s. 119.15 and shall stand 87 repealed on October 2, 2028, unless reviewed and saved from 88 repeal through reenactment by the Legislature. 89 Section 3. (1) The Legislature finds it is a public 90 necessity that criminal history records of human trafficking 91 victims related to any offense listed in s. 775.084(1)(b)1., 92 Florida Statutes, which offense was dismissed or nolle prosequi 93 by the state attorney or statewide prosecutor or dismissed by a 94 court of competent jurisdiction, or for which a judgment of 95 acquittal was rendered by a judge or a verdict of not guilty was 96 rendered by a judge or jury, and the records of which are 97 ordered to be expunged under s. 943.0583, Florida Statutes, be 98 made confidential and exempt from s. 119.07(1), Florida 99 Statutes, and s. 24(a), Article I of the State Constitution. 100 (2) Further, the Legislature finds that it is a public 101 necessity that a petition filed under s. 943.0583, Florida 102 Statutes, and all pleadings and documents related to the 103 petition be made confidential and exempt from s. 119.07(1), 104 Florida Statutes, and s. 24(a), Article I of the State 105 Constitution. Persons who are victims of human trafficking and 106 who have been arrested, charged, or convicted of crimes 107 committed at the behest of their traffickers are themselves 108 victims of crimes. These victims face barriers to employment and 109 loss of other life opportunities, and the fact that they are 110 seeking expungement, as well as the information contained in 111 related pleadings and documents, would expose these petitioners 112 to possible discrimination due to details of their past lives 113 becoming public knowledge. Therefore, it is necessary that such 114 specified criminal history records, even though such records are 115 related to certain serious offenses, and such petitions, 116 pleadings, and related documents be made confidential and exempt 117 in order for human trafficking victims to have the chance to 118 rebuild their lives and reenter society. 119 Section 4. The amendment to s. 943.0583(3), Florida 120 Statutes, made by this act shall take effect only if SB 1690, 121 2023 Regular Session, or similar legislation takes effect and if 122 such legislation is adopted in the same legislative session or 123 an extension thereof and becomes a law. 124 Section 5. Except as otherwise expressly provided in this 125 act, this act shall take effect July 1, 2023.