Florida Senate - 2026 SB 812
By Senator Simon
3-01481-26 2026812__
1 A bill to be entitled
2 An act relating to public records; reenacting and
3 amending s. 943.059, F.S.; expanding an existing
4 public records exemption to include sealed criminal
5 history records of persons adjudicated guilty of
6 certain nonviolent misdemeanor offenses; providing for
7 future review and repeal of the expanded exemption;
8 providing for reversion of specified statutory text if
9 the exemption is not saved from repeal; providing a
10 statement of public necessity; providing a contingent
11 effective date.
12
13 Be It Enacted by the Legislature of the State of Florida:
14
15 Section 1. Paragraph (e) is added to subsection (6) of
16 section 943.059, Florida Statutes, and paragraphs (a) and (d) of
17 that subsection are reenacted, to read:
18 943.059 Court-ordered sealing of criminal history records.—
19 (6) EFFECT OF ORDER.—
20 (a) A criminal history record of a minor or an adult which
21 is ordered sealed by a court pursuant to this section is
22 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
23 of the State Constitution and is available only to the following
24 persons:
25 1. The subject of the record;
26 2. The subject’s attorney;
27 3. Criminal justice agencies for their respective criminal
28 justice purposes, which include conducting a criminal history
29 background check for approval of firearms purchases or transfers
30 as authorized by state or federal law;
31 4. Judges in the state courts system for the purpose of
32 assisting them in their case-related decisionmaking
33 responsibilities, as set forth in s. 943.053(5); or
34 5. To those entities set forth in subparagraphs (b)1., 4.
35 6., and 8.-10. for their respective licensing access
36 authorization and employment purposes.
37 (d) Information relating to the existence of a sealed
38 criminal history record provided in accordance with paragraph
39 (b) is confidential and exempt from s. 119.07(1) and s. 24(a),
40 Art. I of the State Constitution, except that the department
41 shall disclose the sealed criminal history record to the
42 entities set forth in subparagraphs (b)1., 4.-6., and 8.-10. for
43 their respective licensing, access authorization, and employment
44 purposes. An employee of an entity set forth in subparagraph
45 (b)1., subparagraph (b)4., subparagraph (b)5., subparagraph
46 (b)6., subparagraph (b)8., subparagraph (b)9., or subparagraph
47 (b)10. may not disclose information relating to the existence of
48 a sealed criminal history record of a person seeking employment,
49 access authorization, or licensure with such entity or
50 contractor, except to the person to whom the criminal history
51 record relates or to persons having direct responsibility for
52 employment, access authorization, or licensure decisions. A
53 person who violates this paragraph commits a misdemeanor of the
54 first degree, punishable as provided in s. 775.082 or s.
55 775.083.
56 (e) The expansion of the public records exemption under
57 this subsection to include criminal history records described in
58 subparagraph (1)(b)2. is subject to the Open Government Sunset
59 Review Act in accordance with s. 119.15 and that subparagraph
60 shall stand repealed on October 2, 2031, unless reviewed and
61 saved from repeal through reenactment by the Legislature. If the
62 expansion of the exemption is not saved from repeal, this
63 subsection shall revert to that in existence on June 30, 2026,
64 except that any amendments to such text enacted other than by
65 this act shall be preserved and continue to operate to the
66 extent that such amendments are not dependent upon the portions
67 of text which expire pursuant to this paragraph.
68 Section 2. The Legislature finds that it is a public
69 necessity that a criminal history record described in s.
70 943.059(1)(b)2., Florida Statutes, which is sealed be made
71 confidential and exempt from s. 119.07(1), Florida Statutes, and
72 s. 24(a), Article I of the State Constitution, and be made
73 available only in accordance with s. 943.059(6), Florida
74 Statutes. If a sealed criminal history record remains accessible
75 to potential employers, landlords, and other members of the
76 public, the person who obtained the sealing of the record faces
77 barriers to obtaining work, housing, or other resources
78 necessary to be a productive member of society. Increasing
79 opportunities for persons to seal a criminal history record
80 promotes economic stability, reduces crime and recidivism, and
81 makes communities safer. For these reasons, the Legislature
82 finds that it is a public necessity that the criminal history
83 record of persons adjudicated guilty of certain nonviolent
84 misdemeanor offenses be confidential and exempt from public
85 records requirements.
86 Section 3. This act shall take effect on the same date that
87 SB 810 or similar legislation takes effect, if such legislation
88 is adopted in the same legislative session or an extension
89 thereof and becomes a law.