Florida Senate - 2021 CS for SB 166 By the Committee on Criminal Justice; and Senator Perry 591-01270-21 2021166c1 1 A bill to be entitled 2 An act relating to public records; amending s. 3 943.0582, F.S.; providing an exemption from public 4 records requirements for a nonjudicial record of the 5 arrest of a minor who has successfully completed a 6 diversion program; providing for retroactive 7 application; providing for future legislative review 8 and repeal of the exemption; providing a statement of 9 public necessity; providing a contingent effective 10 date. 11 12 Be It Enacted by the Legislature of the State of Florida: 13 14 Section 1. Subsection (5) is added to section 943.0582, 15 Florida Statutes, to read: 16 943.0582 Diversion program expunction.— 17 (5) A nonjudicial record of the arrest of a minor who has 18 successfully completed a diversion program which is sealed or 19 expunged under this section and which is retained by the 20 department is confidential and exempt from s. 119.07(1) and s. 21 24(a), Art. I of the State Constitution, except that the record 22 may be made available to criminal justice agencies only for the 23 purposes specified in subparagraph (2)(b)1. The exemption under 24 this subsection applies to records held by the department 25 before, on, or after July 1, 2021. This subsection is subject to 26 the Open Government Sunset Review Act in accordance with s. 27 119.15 and shall stand repealed on October 2, 2026, unless 28 reviewed and saved from repeal through reenactment by the 29 Legislature. 30 Section 2. The Legislature finds that it is a public 31 necessity that the nonjudicial record of the arrest of a minor 32 who successfully completed a diversion program for minors which 33 is sealed or expunged pursuant to s. 943.0582, Florida Statutes, 34 be made confidential and exempt from s. 119.07(1), Florida 35 Statutes, and s. 24(a), Article I of the State Constitution. The 36 purpose of diversion programs is to redirect youth from the 37 justice system with opportunities for programming, 38 rehabilitation, and restoration. This purpose will be undermined 39 if the nonjudicial record of arrest is not confidential and 40 exempt. The presence of a nonjudicial record of arrest of a 41 minor who completed a diversion program can jeopardize his or 42 her ability to obtain education, employment, and other 43 opportunities necessary to become a productive, contributing, 44 self-sustaining member of society. Such negative consequences 45 are unwarranted in cases in which the minor was successfully 46 diverted from further delinquency proceedings through the 47 completion of a diversion program. For these reasons, the 48 Legislature finds that it is a public necessity that the 49 criminal history records of minors which have received an 50 expunction due to the successful completion of a diversion 51 program be confidential and exempt from public records 52 requirements. 53 Section 3. This act shall take effect on the same date that 54 SB 274 or similar legislation takes effect, if such legislation 55 is adopted in the same legislative session or an extension 56 thereof and becomes a law.