Florida Senate - 2024 SB 1734 By Senator Rodriguez 40-01733-24 20241734__ 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 a statement of public necessity; reenacting 11 ss. 397.417(4)(e), 943.0585(6)(b), and 943.059(6)(b), 12 F.S., relating to background screenings, the effect of 13 expunction orders, and the effect of sealing orders, 14 respectively, to incorporate the amendment made to s. 15 943.0583, F.S., in references thereto; providing a 16 contingent effective date. 17 18 Be It Enacted by the Legislature of the State of Florida: 19 20 Section 1. Subsection (3) of section 943.0583, Florida 21 Statutes, as amended by SB ____, 2024 Regular Session, is 22 amended, and subsections (10) and (11) of that section are 23 republished, to read: 24 943.0583 Human trafficking victim expunction.— 25 (3)(a) A person who is a victim of human trafficking may 26 petition for the expunction of a criminal history record 27 resulting from the arrest or filing of charges for one or more 28 offenses committed or reported to have been committed while the 29 person was a victim of human trafficking, which offense was 30 committed or reported to have been committed as a part of the 31 human trafficking scheme of which the person was a victim or at 32 the direction of an operator of the scheme, including, but not 33 limited to, violations under chapters 796 and 847, without 34 regard to the disposition of the arrest or of any charges. 35 (b) This section does not apply to any offense listed in s. 36 775.084(1)(b)1., unless the arrest for such offense resulted in 37 any disposition other than a conviction. 38 (c) Determination of the petition under this section should 39 be by a preponderance of the evidence. A conviction expunged 40 under this section is deemed to have been vacated due to a 41 substantive defect in the underlying criminal proceedings. If a 42 person is adjudicated not guilty by reason of insanity or is 43 found to be incompetent to stand trial for any such charge, the 44 expunction of the criminal history record may not prevent the 45 entry of the judgment or finding in state and national databases 46 for use in determining eligibility to purchase or possess a 47 firearm or to carry a concealed firearm, as authorized in s. 48 790.065(2)(a)4.c. and 18 U.S.C. s. 922(t), nor shall it prevent 49 any governmental agency that is authorized by state or federal 50 law to determine eligibility to purchase or possess a firearm or 51 to carry a concealed firearm from accessing or using the record 52 of the judgment or finding in the course of such agency’s 53 official duties. 54 (d) For any conviction vacated pursuant to this subsection, 55 the court vacating such conviction or convictions must include 56 in the order to expunge an order for the return of all fines, 57 fees, and restitution paid by the petitioner as a result of his 58 or her conviction or convictions. The clerk of the court must, 59 upon receipt of such order to expunge containing an order for 60 the return of all fines, fees, and restitution, return to the 61 petitioner all such amounts. 62 (e) The expansion of the public records exemption in 63 paragraph (b) to allow for the expunction of certain criminal 64 history records related to an offense listed in s. 65 775.084(1)(b)1. is subject to the Open Government Sunset Review 66 Act in accordance with s. 119.15 and shall stand repealed on 67 October 2, 2029, unless reviewed and saved from repeal through 68 reenactment by the Legislature. If the expansion of the 69 exemption is not saved from repeal, this subsection shall revert 70 to that in existence on June 30, 2024, except that any 71 amendments to this subsection other than by this act shall be 72 preserved and continue to operate to the extent that such 73 amendments are not dependent upon the portions of this 74 subsection which expire pursuant to this paragraph. 75 (10)(a) A criminal history record ordered expunged under 76 this section that is retained by the department is confidential 77 and exempt from s. 119.07(1) and s. 24(a), Art. I of the State 78 Constitution, except that the record shall be made available: 79 1. To criminal justice agencies for their respective 80 criminal justice purposes. 81 2. To any governmental agency that is authorized by state 82 or federal law to determine eligibility to purchase or possess a 83 firearm or to carry a concealed firearm for use in the course of 84 such agency’s official duties. 85 3. Upon order of a court of competent jurisdiction. 86 (b) A criminal justice agency may retain a notation 87 indicating compliance with an order to expunge. 88 (11)(a) The following criminal intelligence information or 89 criminal investigative information is confidential and exempt 90 from s. 119.07(1) and s. 24(a), Art. I of the State 91 Constitution: 92 1. Any information that reveals the identity of a person 93 who is a victim of human trafficking whose criminal history 94 record has been expunged under this section. 95 2. Any information that may reveal the identity of a person 96 who is a victim of human trafficking whose criminal history 97 record has been ordered expunged under this section. 98 (b) Criminal investigative information and criminal 99 intelligence information made confidential and exempt under this 100 subsection may be disclosed by a law enforcement agency: 101 1. In the furtherance of its official duties and 102 responsibilities. 103 2. For print, publication, or broadcast if the law 104 enforcement agency determines that such release would assist in 105 locating or identifying a person that the agency believes to be 106 missing or endangered. The information provided should be 107 limited to that needed to identify or locate the victim. 108 3. To another governmental agency in the furtherance of its 109 official duties and responsibilities. 110 (c) This exemption applies to such confidential and exempt 111 criminal intelligence information or criminal investigative 112 information held by a law enforcement agency before, on, or 113 after the effective date of the exemption. 114 Section 2. The Legislature finds it is a public necessity 115 that criminal history records of human trafficking victims 116 related to an arrest for any offense listed in s. 117 775.084(1)(b)1., Florida Statutes, which was dismissed or nolle 118 prosequi by the state attorney or statewide prosecutor or 119 dismissed by a court of competent jurisdiction, or for which a 120 judgment of acquittal was rendered by a judge or a verdict of 121 not guilty was rendered by a judge or jury, which records are 122 ordered to be expunged under s. 943.0583, Florida Statutes, be 123 made confidential and exempt from 119.07(1), Florida Statutes, 124 and s. 24(a), Article I of the State Constitution. Persons who 125 are victims of human trafficking and who have been arrested for 126 or charged with crimes committed at the behest of their 127 traffickers are themselves victims of crimes. These victims face 128 barriers to employment and loss of other life opportunities. 129 Therefore, it is necessary that such specified criminal history 130 records, even though such records are related to certain serious 131 offenses, be made confidential and exempt in order to afford 132 human trafficking victims the opportunity to rebuild their lives 133 and reenter society. 134 Section 3. For the purpose of incorporating the amendment 135 made by this act to section 943.0583, Florida Statutes, in a 136 reference thereto, paragraph (e) of subsection (4) of section 137 397.417, Florida Statutes, is reenacted to read: 138 397.417 Peer specialists.— 139 (4) BACKGROUND SCREENING.— 140 (e) The background screening conducted under this 141 subsection must ensure that a peer specialist has not been 142 arrested for and is awaiting final disposition of, found guilty 143 of, regardless of adjudication, or entered a plea of nolo 144 contendere or guilty to, or been adjudicated delinquent and the 145 record has not been sealed or expunged for, any offense 146 prohibited under any of the following state laws or similar laws 147 of another jurisdiction: 148 1. Section 393.135, relating to sexual misconduct with 149 certain developmentally disabled clients and reporting of such 150 sexual misconduct. 151 2. Section 394.4593, relating to sexual misconduct with 152 certain mental health patients and reporting of such sexual 153 misconduct. 154 3. Section 409.920, relating to Medicaid provider fraud, if 155 the offense was a felony of the first or second degree. 156 4. Section 415.111, relating to abuse, neglect, or 157 exploitation of vulnerable adults. 158 5. Any offense that constitutes domestic violence as 159 defined in s. 741.28. 160 6. Section 777.04, relating to attempts, solicitation, and 161 conspiracy to commit an offense listed in this paragraph. 162 7. Section 782.04, relating to murder. 163 8. Section 782.07, relating to manslaughter; aggravated 164 manslaughter of an elderly person or a disabled adult; 165 aggravated manslaughter of a child; or aggravated manslaughter 166 of an officer, a firefighter, an emergency medical technician, 167 or a paramedic. 168 9. Section 782.071, relating to vehicular homicide. 169 10. Section 782.09, relating to killing an unborn child by 170 injury to the mother. 171 11. Chapter 784, relating to assault, battery, and culpable 172 negligence, if the offense was a felony. 173 12. Section 787.01, relating to kidnapping. 174 13. Section 787.02, relating to false imprisonment. 175 14. Section 787.025, relating to luring or enticing a 176 child. 177 15. Section 787.04(2), relating to leading, taking, 178 enticing, or removing a minor beyond state limits, or concealing 179 the location of a minor, with criminal intent pending custody 180 proceedings. 181 16. Section 787.04(3), relating to leading, taking, 182 enticing, or removing a minor beyond state limits, or concealing 183 the location of a minor, with criminal intent pending dependency 184 proceedings or proceedings concerning alleged abuse or neglect 185 of a minor. 186 17. Section 790.115(1), relating to exhibiting firearms or 187 weapons within 1,000 feet of a school. 188 18. Section 790.115(2)(b), relating to possessing an 189 electric weapon or device, a destructive device, or any other 190 weapon on school property. 191 19. Section 794.011, relating to sexual battery. 192 20. Former s. 794.041, relating to prohibited acts of 193 persons in familial or custodial authority. 194 21. Section 794.05, relating to unlawful sexual activity 195 with certain minors. 196 22. Section 794.08, relating to female genital mutilation. 197 23. Section 796.07, relating to procuring another to commit 198 prostitution, except for those offenses expunged pursuant to s. 199 943.0583. 200 24. Section 798.02, relating to lewd and lascivious 201 behavior. 202 25. Chapter 800, relating to lewdness and indecent 203 exposure. 204 26. Section 806.01, relating to arson. 205 27. Section 810.02, relating to burglary, if the offense 206 was a felony of the first degree. 207 28. Section 810.14, relating to voyeurism, if the offense 208 was a felony. 209 29. Section 810.145, relating to video voyeurism, if the 210 offense was a felony. 211 30. Section 812.13, relating to robbery. 212 31. Section 812.131, relating to robbery by sudden 213 snatching. 214 32. Section 812.133, relating to carjacking. 215 33. Section 812.135, relating to home-invasion robbery. 216 34. Section 817.034, relating to communications fraud, if 217 the offense was a felony of the first degree. 218 35. Section 817.234, relating to false and fraudulent 219 insurance claims, if the offense was a felony of the first or 220 second degree. 221 36. Section 817.50, relating to fraudulently obtaining 222 goods or services from a health care provider and false reports 223 of a communicable disease. 224 37. Section 817.505, relating to patient brokering. 225 38. Section 817.568, relating to fraudulent use of personal 226 identification, if the offense was a felony of the first or 227 second degree. 228 39. Section 825.102, relating to abuse, aggravated abuse, 229 or neglect of an elderly person or a disabled adult. 230 40. Section 825.1025, relating to lewd or lascivious 231 offenses committed upon or in the presence of an elderly person 232 or a disabled person. 233 41. Section 825.103, relating to exploitation of an elderly 234 person or a disabled adult, if the offense was a felony. 235 42. Section 826.04, relating to incest. 236 43. Section 827.03, relating to child abuse, aggravated 237 child abuse, or neglect of a child. 238 44. Section 827.04, relating to contributing to the 239 delinquency or dependency of a child. 240 45. Former s. 827.05, relating to negligent treatment of 241 children. 242 46. Section 827.071, relating to sexual performance by a 243 child. 244 47. Section 831.30, relating to fraud in obtaining 245 medicinal drugs. 246 48. Section 831.31, relating to the sale; manufacture; 247 delivery; or possession with intent to sell, manufacture, or 248 deliver of any counterfeit controlled substance, if the offense 249 was a felony. 250 49. Section 843.01, relating to resisting arrest with 251 violence. 252 50. Section 843.025, relating to depriving a law 253 enforcement, correctional, or correctional probation officer of 254 the means of protection or communication. 255 51. Section 843.12, relating to aiding in an escape. 256 52. Section 843.13, relating to aiding in the escape of 257 juvenile inmates of correctional institutions. 258 53. Chapter 847, relating to obscenity. 259 54. Section 874.05, relating to encouraging or recruiting 260 another to join a criminal gang. 261 55. Chapter 893, relating to drug abuse prevention and 262 control, if the offense was a felony of the second degree or 263 greater severity. 264 56. Section 895.03, relating to racketeering and collection 265 of unlawful debts. 266 57. Section 896.101, relating to the Florida Money 267 Laundering Act. 268 58. Section 916.1075, relating to sexual misconduct with 269 certain forensic clients and reporting of such sexual 270 misconduct. 271 59. Section 944.35(3), relating to inflicting cruel or 272 inhuman treatment on an inmate resulting in great bodily harm. 273 60. Section 944.40, relating to escape. 274 61. Section 944.46, relating to harboring, concealing, or 275 aiding an escaped prisoner. 276 62. Section 944.47, relating to introduction of contraband 277 into a correctional institution. 278 63. Section 985.701, relating to sexual misconduct in 279 juvenile justice programs. 280 64. Section 985.711, relating to introduction of contraband 281 into a detention facility. 282 Section 4. For the purpose of incorporating the amendment 283 made by this act to section 943.0583, Florida Statutes, in a 284 reference thereto, paragraph (b) of subsection (6) of section 285 943.0585, Florida Statutes, is reenacted to read: 286 943.0585 Court-ordered expunction of criminal history 287 records.— 288 (6) EFFECT OF EXPUNCTION ORDER.— 289 (b) The person who is the subject of a criminal history 290 record that is expunged under this section or under other 291 provisions of law, including former ss. 893.14, 901.33, and 292 943.058, may lawfully deny or fail to acknowledge the arrests 293 covered by the expunged record, except when the subject of the 294 record: 295 1. Is a candidate for employment with a criminal justice 296 agency; 297 2. Is a defendant in a criminal prosecution; 298 3. Concurrently or subsequently petitions for relief under 299 this section, s. 943.0583, or s. 943.059; 300 4. Is a candidate for admission to The Florida Bar; 301 5. Is seeking to be employed or licensed by or to contract 302 with the Department of Children and Families, the Division of 303 Vocational Rehabilitation within the Department of Education, 304 the Agency for Health Care Administration, the Agency for 305 Persons with Disabilities, the Department of Health, the 306 Department of Elderly Affairs, or the Department of Juvenile 307 Justice or to be employed or used by such contractor or licensee 308 in a sensitive position having direct contact with children, the 309 disabled, or the elderly; 310 6.a. Is seeking to be employed or licensed by, or contract 311 with, the Department of Education, any district unit under s. 312 1001.30, any special district unit under s. 1011.24, the Florida 313 School for the Deaf and the Blind under s. 1002.36, the Florida 314 Virtual School under s. 1002.37, any virtual instruction program 315 under s. 1002.45, any charter school under s. 1002.33, any hope 316 operator under s. 1002.333, any alternative school under s. 317 1008.341, any private or parochial school, or any local 318 governmental entity that licenses child care facilities; 319 b. Is seeking to be employed or used by a contractor or 320 licensee under sub-subparagraph a.; or 321 c. Is a person screened under s. 1012.467; 322 7. Is seeking to be licensed by the Division of Insurance 323 Agent and Agency Services within the Department of Financial 324 Services; or 325 8. Is seeking to be appointed as a guardian pursuant to s. 326 744.3125. 327 Section 5. For the purpose of incorporating the amendment 328 made by this act to section 943.0583, Florida Statutes, in a 329 reference thereto, paragraph (b) of subsection (6) of section 330 943.059, Florida Statutes, is reenacted to read: 331 943.059 Court-ordered sealing of criminal history records.— 332 (6) EFFECT OF ORDER.— 333 (b) The subject of the criminal history record sealed under 334 this section or under other provisions of law, including former 335 ss. 893.14, 901.33, and 943.058, may lawfully deny or fail to 336 acknowledge the arrests covered by the sealed record, except 337 when the subject of the record: 338 1. Is a candidate for employment with a criminal justice 339 agency; 340 2. Is a defendant in a criminal prosecution; 341 3. Concurrently or subsequently petitions for relief under 342 this section, s. 943.0583, or s. 943.0585; 343 4. Is a candidate for admission to The Florida Bar; 344 5. Is seeking to be employed or licensed by or to contract 345 with the Department of Children and Families, the Division of 346 Vocational Rehabilitation within the Department of Education, 347 the Agency for Health Care Administration, the Agency for 348 Persons with Disabilities, the Department of Health, the 349 Department of Elderly Affairs, or the Department of Juvenile 350 Justice or to be employed or used by such contractor or licensee 351 in a sensitive position having direct contact with children, the 352 disabled, or the elderly; 353 6.a. Is seeking to be employed or licensed by, or contract 354 with, the Department of Education, a district unit under s. 355 1001.30, a special district unit under s. 1011.24, the Florida 356 School for the Deaf and the Blind under s. 1002.36, the Florida 357 Virtual School under s. 1002.37, a virtual instruction program 358 under s. 1002.45, a charter school under s. 1002.33, a hope 359 operator under s. 1002.333, an alternative school under s. 360 1008.341, a private or parochial school, or a local governmental 361 entity that licenses child care facilities; 362 b. Is seeking to be employed or used by a contractor or 363 licensee under sub-subparagraph a.; or 364 c. Is a person screened under s. 1012.467; 365 7. Is attempting to purchase a firearm from a licensed 366 importer, licensed manufacturer, or licensed dealer and is 367 subject to a criminal history check under state or federal law; 368 8. Is seeking to be licensed by the Division of Insurance 369 Agent and Agency Services within the Department of Financial 370 Services; 371 9. Is seeking to be appointed as a guardian pursuant to s. 372 744.3125; or 373 10. Is seeking to be licensed by the Bureau of License 374 Issuance of the Division of Licensing within the Department of 375 Agriculture and Consumer Services to carry a concealed weapon or 376 concealed firearm. This subparagraph applies only in the 377 determination of an applicant’s eligibility under s. 790.06. 378 Section 6. This act shall take effect on the same date that 379 SB ___ or similar legislation takes effect, if such legislation 380 is adopted in the same legislative session or an extension 381 thereof and becomes a law.