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.