Florida Senate - 2020                        COMMITTEE AMENDMENT
       Bill No. SB 1506
       
       
       
       
       
       
                                Ì103962-Î103962                         
       
                              LEGISLATIVE ACTION                        
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       The Committee on Criminal Justice (Brandes) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraphs (c) and (d) are added to subsection
    6  (8) of section 943.0587, Florida Statutes, as created by SB 1504
    7  Regular Session, to read:
    8         943.0587 Driving while license suspended, revoked,
    9  canceled, or disqualified expunction.—
   10         (8) EFFECT OF EXPUNCTION ORDER.—
   11         (c) Any criminal history record of a person which is
   12  ordered expunged by a court of competent jurisdiction pursuant
   13  to this section must be physically destroyed or obliterated by
   14  any criminal justice agency having custody of such record,
   15  except that any criminal history record in the custody of the
   16  department must be retained in all cases. A criminal history
   17  record ordered expunged which is retained by the department is
   18  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
   19  of the State Constitution and not available to any person or
   20  entity except upon order of a court of competent jurisdiction. A
   21  criminal justice agency may retain a notation indicating
   22  compliance with an order to expunge. This paragraph is subject
   23  to the Open Government Sunset Review Act in accordance with s.
   24  119.15 and shall stand repealed on October 2, 2025, unless
   25  reviewed and saved from such repeal through reenactment by the
   26  Legislature.
   27         (d) Information relating to the existence of an expunged
   28  criminal history record which is provided in accordance with
   29  paragraph (c) is confidential and exempt from s. 119.07(1) and
   30  s. 24(a), Art. I of the State Constitution, except that the
   31  department shall disclose the existence of a criminal history
   32  record ordered expunged to the entities set forth in
   33  subparagraph (a)1. for their respective licensing, access
   34  authorization, and employment purposes and to criminal justice
   35  agencies for their respective criminal justice purposes. It is
   36  unlawful for any employee of an entity set forth in
   37  subparagraphs (a)1. and 4.-8. to disclose information relating
   38  to the existence of an expunged criminal history record of a
   39  person seeking employment, access authorization, or licensure
   40  with such entity or contractor, except to the person to whom the
   41  criminal history record relates or to persons having direct
   42  responsibility for employment, access authorization, or
   43  licensure decisions. This paragraph is subject to the Open
   44  Government Sunset Review Act in accordance with s. 119.15 and
   45  shall stand repealed on October 2, 2025, unless reviewed and
   46  saved from such repeal through reenactment by the Legislature.
   47         Section 2. The Legislature finds that it is a public
   48  necessity that the expunged criminal history record of a person
   49  who has been convicted of a felony offense of driving while
   50  license suspended, revoked, canceled, or disqualified which is
   51  no longer classified as a felony be made confidential and exempt
   52  from s. 119.07(1), Florida Statutes, and s. 24(a), Article I of
   53  the State Constitution. The Legislature further finds that any
   54  information relating to the existence of an expunged criminal
   55  history record resulting from a felony offense of driving while
   56  license suspended, revoked, canceled, or disqualified which is
   57  no longer classified as a felony be made confidential and exempt
   58  from s. 119.07(1), Florida Statutes, and s. 24(a), Article I of
   59  the State Constitution. The presence of a criminal history
   60  record in a person’s past can jeopardize his or her ability to
   61  obtain education, employment, and other opportunities. The
   62  presence of such a criminal history record in these individuals’
   63  past creates an unnecessary barrier to becoming productive,
   64  contributing, self-sustaining members of society and can
   65  jeopardize individuals’ ability to achieve a safe livelihood.
   66  The Legislature therefore finds that it is in the best interest
   67  of the public that such individuals are given the opportunity to
   68  become contributing members of society.
   69         Section 3. This act shall take effect on the same date as
   70  SB 1504 or similar legislation takes effect, if such legislation
   71  is adopted in the same legislative session or an extension
   72  thereof and becomes a law.
   73  ================= T I T L E  A M E N D M E N T ================
   74  And the title is amended as follows:
   75         Delete everything before the enacting clause
   76  and insert:
   77                        A bill to be entitled                      
   78         An act relating to public records; amending s.
   79         943.0587, F.S.; providing a public records exemption
   80         to include the expunction of specified convictions of
   81         certain persons convicted of driving while license
   82         suspended, revoked, canceled, or disqualified;
   83         providing for legislative review and repeal of the
   84         exemption; providing a statement of public necessity;
   85         providing a contingent effective date.