Florida Senate - 2021                                     SB 470
       
       
        
       By Senator Bracy
       
       
       
       
       
       11-00307-21                                            2021470__
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         943.0586, F.S.; providing an exemption from public
    4         records requirements for specified expunged criminal
    5         history records; providing for future legislative
    6         review and repeal of the exemption; providing a
    7         statement of public necessity; providing a contingent
    8         effective date.
    9          
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Subsection (9) is added to section 943.0586,
   13  Florida Statutes, as created by SB ____ or similar legislation,
   14  2021 Regular Session, to read:
   15         943.0586 Expunction of qualifying cannabis offenses.—
   16         (9) A criminal history record ordered expunged under this
   17  section which is retained by the department is confidential and
   18  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
   19  Constitution. This section is subject to the Open Government
   20  Sunset Review Act in accordance with s. 119.15 and shall stand
   21  repealed on October 2, 2025, unless reviewed and saved from
   22  repeal through reenactment by the Legislature.
   23         Section 2. The Legislature finds that it is a public
   24  necessity that individuals who petition a court and are granted
   25  expunction of certain low-level and nonviolent criminal history
   26  records have such criminal history records made confidential and
   27  exempt from s. 119.07(1), Florida Statutes, and s. 24(a),
   28  Article I of the State Constitution. The Legislature recognizes
   29  the disproportionate harm that criminalizing the purchase or
   30  possession of small amounts of cannabis has had on minorities
   31  and disadvantaged communities. The Legislature further
   32  recognizes the trends in this state, and nationally, of counties
   33  and localities decriminalizing the purchase or possession of
   34  small amounts of cannabis. Without this public records
   35  exemption, individuals with such low-level and nonviolent
   36  criminal history records who are granted expunction of such
   37  records might not be able to seek gainful employment and become
   38  productive, contributing members of this state. For these
   39  reasons, the Legislature finds that it is a public necessity
   40  that such records be made confidential and exempt.
   41         Section 3. This act shall take effect on the same date that
   42  SB ___ or similar legislation takes effect, if such legislation
   43  is adopted in the same legislative session or an extension
   44  thereof and becomes a law.