Florida Senate - 2021                        COMMITTEE AMENDMENT
       Bill No. SB 470
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       The Committee on Judiciary (Bracy) recommended the following:
    1         Senate Amendment 
    3         Delete lines 12 - 42
    4  and insert:
    5         Section 1. Subsection (8) is added to section 943.0586,
    6  Florida Statutes, as created by SB 468 or similar legislation,
    7  2021 Regular Session, to read:
    8         943.0586 Expunction of qualifying cannabis offenses.—
    9         (8) PUBLIC RECORDS—A criminal history record ordered
   10  expunged under this section which is retained by the department
   11  is confidential and exempt from s. 119.07(1) and s. 24(a), Art.
   12  I of the State Constitution, except that the department shall
   13  disclose the existence of a criminal history record ordered
   14  expunged to the entities set forth in subparagraphs (6)(a)1. and
   15  3.-7. for their respective licensing, access authorization, and
   16  employment purposes and to criminal justice agencies for their
   17  respective criminal justice purposes. It is unlawful for any
   18  employee of an entity set forth in subparagraph (6)(a)1.,
   19  subparagraph (b)3., subparagraph (b)4., subparagraph (b)5.,
   20  subparagraph (b)6., or subparagraph (b)7. to disclose
   21  information relating to the existence of an expunged criminal
   22  history record of a person seeking employment, access
   23  authorization, or licensure with such entity or contractor,
   24  except to the person to whom the criminal history record relates
   25  or to persons having direct responsibility for employment,
   26  access authorization, or licensure decisions. A person who
   27  violates this paragraph commits a misdemeanor of the first
   28  degree, punishable as provided in s. 775.082 or s. 775.083. This
   29  section is subject to the Open Government Sunset Review Act in
   30  accordance with s. 119.15 and shall stand repealed on October 2,
   31  2025, unless reviewed and saved from repeal through reenactment
   32  by the Legislature.
   33         Section 2. The Legislature finds that it is a public
   34  necessity that individuals who petition a court and are granted
   35  expunction of certain low-level and nonviolent criminal history
   36  records have such criminal history records made confidential and
   37  exempt from s. 119.07(1), Florida Statutes, and s. 24(a),
   38  Article I of the State Constitution. The Legislature recognizes
   39  the disproportionate harm that criminalizing the purchase or
   40  possession of small amounts of cannabis has had on minorities
   41  and disadvantaged communities. The Legislature further
   42  recognizes the trends in this state, and nationally, of counties
   43  and localities decriminalizing the purchase or possession of
   44  small amounts of cannabis. The Legislature also recognizes the
   45  need for certain limited exceptions are necessary for public
   46  safety. Without this public records exemption, individuals
   47  having such low-level and nonviolent criminal history records
   48  who are granted expunction of such records might not be able to
   49  seek gainful employment and become productive, contributing
   50  members of this state. For these reasons, the Legislature finds
   51  that it is a public necessity that such records be made
   52  confidential and exempt.
   53         Section 3. This act shall take effect on the same date that
   54  SB 468 or similar legislation takes effect, if such legislation