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   31  shall stand repealed on October 2, 2028, unless reviewed and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.