Florida Senate - 2021                              CS for SB 470
       By the Committee on Judiciary; and Senator Bracy
       590-02873-21                                           2021470c1
    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 exceptions; providing
    6         criminal penalties; providing for future legislative
    7         review and repeal of the exemption; providing a
    8         statement of public necessity; providing a contingent
    9         effective date.
   11  Be It Enacted by the Legislature of the State of Florida:
   13         Section 1. Subsection (8) is added to section 943.0586,
   14  Florida Statutes, as created by SB 468 or similar legislation,
   15  2021 Regular Session, to read:
   16         943.0586 Expunction of criminal history records relating to
   17  qualifying cannabis offenses.—
   18         (8) PUBLIC RECORDS.—A criminal history record ordered
   19  expunged under this section which is retained by the department
   20  is confidential and exempt from s. 119.07(1) and s. 24(a), Art.
   21  I of the State Constitution, except that the department shall
   22  disclose the existence of a criminal history record ordered
   23  expunged to the entities set forth in subparagraphs (6)(a)1. and
   24  3.-7. for their respective licensing, access authorization, and
   25  employment purposes and to criminal justice agencies for their
   26  respective criminal justice purposes. It is unlawful for any
   27  employee of an entity set forth in subparagraph (6)(a)1.,
   28  subparagraph (6)(a)3., subparagraph (6)(a)4., subparagraph
   29  (6)(a)5., subparagraph (6)(a)6., or subparagraph (6)(a)7. to
   30  disclose information relating to the existence of an expunged
   31  criminal history record of a person seeking employment, access
   32  authorization, or licensure with such entity or contractor,
   33  except to the person to whom the criminal history record relates
   34  or to persons having direct responsibility for employment,
   35  access authorization, or licensure decisions. A person who
   36  violates this subsection commits a misdemeanor of the first
   37  degree, punishable as provided in s. 775.082 or s. 775.083. This
   38  section is subject to the Open Government Sunset Review Act in
   39  accordance with s. 119.15 and shall stand repealed on October 2,
   40  2026, unless reviewed and saved from repeal through reenactment
   41  by the Legislature.
   42         Section 2. The Legislature finds that it is a public
   43  necessity that individuals who petition a court and are granted
   44  expunction of certain low-level and nonviolent criminal history
   45  records have such criminal history records made confidential and
   46  exempt from s. 119.07(1), Florida Statutes, and s. 24(a),
   47  Article I of the State Constitution. The Legislature recognizes
   48  the disproportionate harm that criminalizing the purchase or
   49  possession of small amounts of cannabis has had on minorities
   50  and disadvantaged communities. The Legislature further
   51  recognizes the trends in this state, and nationally, of counties
   52  and localities decriminalizing the purchase or possession of
   53  small amounts of cannabis. The Legislature also recognizes the
   54  need for certain limited exceptions are necessary for public
   55  safety. Without this public records exemption, individuals
   56  having such low-level and nonviolent criminal history records
   57  who are granted expunction of such records might not be able to
   58  seek gainful employment and become productive, contributing
   59  members of this state. For these reasons, the Legislature finds
   60  that it is a public necessity that such records be made
   61  confidential and exempt.
   62         Section 3. This act shall take effect on the same date that
   63  SB 468 or similar legislation takes effect, if such legislation
   64  is adopted in the same legislative session or an extension
   65  thereof and becomes a law.