Florida Senate - 2020 SB 1506 By Senator Brandes 24-02086-20 20201506__ 1 A bill to be entitled 2 An act relating to public records; amending s. 3 943.0587, F.S.; providing a public records exemption 4 to include the expunction of specified convictions of 5 certain persons convicted of driving while license 6 suspended, revoked, canceled, or disqualified; 7 providing for legislative review and repeal of the 8 exemption; providing a statement of public necessity; 9 providing a contingent effective date. 10 11 Be It Enacted by the Legislature of the State of Florida: 12 13 Section 1. Paragraphs (c) and (d) are added to subsection 14 (8) of section 943.0587, Florida Statutes, as created by SB ___ 15 Regular Session, to read: 16 943.0587 Driving while license suspended, revoked, 17 canceled, or disqualified expunction.— 18 (8) EFFECT OF EXPUNCTION ORDER.— 19 (c) Any criminal history record of a person which is 20 ordered expunged by a court of competent jurisdiction pursuant 21 to this section must be physically destroyed or obliterated by 22 any criminal justice agency having custody of such record, 23 except that any criminal history record in the custody of the 24 department must be retained in all cases. A criminal history 25 record ordered expunged which is retained by the department is 26 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I 27 of the State Constitution and not available to any person or 28 entity except upon order of a court of competent jurisdiction. A 29 criminal justice agency may retain a notation indicating 30 compliance with an order to expunge. This paragraph is subject 31 to the Open Government Sunset Review Act in accordance with s. 32 119.15 and shall stand repealed on October 2, 2025, unless 33 reviewed and saved from such repeal through reenactment by the 34 Legislature. 35 (d) Information relating to the existence of an expunged 36 criminal history record which is provided in accordance with 37 paragraph (c) is confidential and exempt from s. 119.07(1) and 38 s. 24(a), Art. I of the State Constitution, except that the 39 department shall disclose the existence of a criminal history 40 record ordered expunged to the entities set forth in 41 subparagraph (a)1. for their respective licensing, access 42 authorization, and employment purposes and to criminal justice 43 agencies for their respective criminal justice purposes. It is 44 unlawful for any employee of an entity set forth in subparagraph 45 (a)1., subparagraph (a)4., subparagraph (a)5., subparagraph 46 (a)6., subparagraph (a)7., or subparagraph (a)8. to disclose 47 information relating to the existence of an expunged criminal 48 history record of a person seeking employment, access 49 authorization, or licensure with such entity or contractor, 50 except to the person to whom the criminal history record relates 51 or to persons having direct responsibility for employment, 52 access authorization, or licensure decisions. This paragraph is 53 subject to the Open Government Sunset Review Act in accordance 54 with s. 119.15 and shall stand repealed on October 2, 2025, 55 unless reviewed and saved from such repeal through reenactment 56 by the Legislature. 57 Section 2. The Legislature finds that it is a public 58 necessity that the criminal history records of a person who has 59 been convicted of a felony offense of driving while license 60 suspended, revoked, canceled, or disqualified which is no longer 61 classified as a felony be made confidential and exempt from s. 62 119.07(1), Florida Statutes, and s. 24(a), Article I of the 63 State Constitution. The Legislature further finds that any 64 information relating to the existence of an expunged criminal 65 history record resulting from a felony offense of driving while 66 license suspended, revoked, canceled, or disqualified which is 67 no longer classified as a felony be made confidential and exempt 68 from s. 119.07(1), Florida Statutes, and s. 24(a), Article I of 69 the State Constitution. The presence of a criminal history 70 record in a person’s past can jeopardize his or her ability to 71 obtain education, employment, and other opportunities. The 72 presence of such a criminal history record in these individuals’ 73 past creates an unnecessary barrier to becoming productive, 74 contributing, self-sustaining members of society and can 75 jeopardize individuals’ ability to achieve a safe livelihood. 76 The Legislature therefore finds that it is in the best interest 77 of the public that such individuals are given the opportunity to 78 become contributing members of society. 79 Section 3. This act shall take effect on the same date as 80 SB __ or similar legislation takes effect, if such legislation 81 is adopted in the same legislative session or an extension 82 thereof and becomes a law.