Florida Senate - 2022                                    SB 1490
       By Senator Bracy
       11-01549-22                                           20221490__
    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 ____ or similar legislation,
   15  to read:
   16         943.0586 Expunction of criminal history records relating to
   17  qualifying cannabis offenses.—
   18         (8) PUBLIC RECORDS EXEMPTION.—A criminal history record
   19  ordered expunged under this section 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
   22  department shall disclose the existence of a criminal history
   23  record ordered expunged to the entities set forth in
   24  subparagraphs (6)(a)1. and 3.-7. for their respective licensing,
   25  access authorization, and employment purposes and to criminal
   26  justice agencies for their respective criminal justice purposes.
   27  It is unlawful for any employee of an entity set forth in
   28  subparagraph (6)(a)1., subparagraph (6)(a)3., subparagraph
   29  (6)(a)4., subparagraph (6)(a)5., subparagraph (6)(a)6., or
   30  subparagraph (6)(a)7. to disclose information relating to the
   31  existence of an expunged criminal history record of a person
   32  seeking employment, access authorization, or licensure with such
   33  entity or contractor, except to the person to whom the criminal
   34  history record relates or to persons having direct
   35  responsibility for employment, access authorization, or
   36  licensure decisions. A person who violates this subsection
   37  commits a misdemeanor of the first degree, punishable as
   38  provided in s. 775.082 or s. 775.083. This section is subject to
   39  the Open Government Sunset Review Act in accordance with s.
   40  119.15 and shall stand repealed on October 2, 2027, unless
   41  reviewed and saved from repeal through reenactment by the
   42  Legislature.
   43         Section 2. The Legislature finds that it is a public
   44  necessity that individuals who petition a court and are granted
   45  expunction of certain low-level and nonviolent criminal history
   46  records have such criminal history records made confidential and
   47  exempt from s. 119.07(1), Florida Statutes, and s. 24(a),
   48  Article I of the State Constitution. The Legislature recognizes
   49  the disproportionate harm that criminalizing the purchase or
   50  possession of small amounts of cannabis has had on minorities
   51  and disadvantaged communities. The Legislature further
   52  recognizes the trends in this state, and nationally, of counties
   53  and localities decriminalizing the purchase or possession of
   54  small amounts of cannabis. The Legislature also recognizes that
   55  certain limited exceptions are necessary for public safety.
   56  Without this public records exemption, individuals having such
   57  low-level and nonviolent criminal history records who are
   58  granted expunction of such records might not be able to seek
   59  gainful employment and become productive, contributing members
   60  of this state. For these reasons, the Legislature finds that it
   61  is a public necessity that such records be made confidential and
   62  exempt.
   63         Section 3. This act shall take effect on the same date that
   64  SB ___ or similar legislation takes effect, if such legislation
   65  is adopted in the same legislative session or an extension
   66  thereof and becomes a law.