Florida Senate - 2020 COMMITTEE AMENDMENT Bill No. SB 1506 Ì103962-Î103962 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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 This paragraph is subject 23 to the Open Government Sunset Review Act in accordance with s. 24 119.15 and shall stand repealed on October 2, 2025, unless 25 reviewed and saved from such repeal through reenactment by the 26 Legislature. 27 (d) Information relating to the existence of an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.