Florida Senate - 2023                                    SB 1428
       
       
        
       By Senator Osgood
       
       
       
       
       
       32-00812-23                                           20231428__
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         943.0583, F.S.; providing that a petition for human
    4         trafficking victim expunction and all pleadings and
    5         documents related to the petition are confidential and
    6         exempt from public records requirements; providing for
    7         future legislative review and repeal of the exemption;
    8         providing a statement of public necessity; providing
    9         an effective date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Subsection (2) of section 943.0583, Florida
   14  Statutes, is amended to read:
   15         943.0583 Human trafficking victim expunction.—
   16         (2)(a) Notwithstanding any other provision of law, upon the
   17  filing of a petition as provided in this section, any court in
   18  the circuit in which the petitioner was arrested, so long as the
   19  court has jurisdiction over the class of offense or offenses
   20  sought to be expunged, may order a criminal justice agency to
   21  expunge the criminal history record of a victim of human
   22  trafficking who complies with the requirements of this section.
   23  A petition need not be filed in the court where the petitioner’s
   24  criminal proceeding or proceedings originally occurred. This
   25  section does not confer any right to the expunction of any
   26  criminal history record, and any request for expunction of a
   27  criminal history record may be denied at the discretion of the
   28  court. The clerk of the court may not charge a filing fee,
   29  service charge, or copy fee or any other charge for a petition
   30  filed under this section. The clerk of the court shall treat a
   31  petition seeking to expunge more than one eligible case as a
   32  single petition.
   33         (b) A petition filed under this section and all pleadings
   34  and documents related to the petition are confidential and
   35  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
   36  Constitution. This paragraph is subject to the Open Government
   37  Sunset Review Act in accordance with s. 119.15 and is repealed
   38  on October 2, 2028, unless reviewed and saved from repeal
   39  through reenactment by the Legislature.
   40         Section 2. The Legislature finds that it is a public
   41  necessity that a petition filed under s. 943.0583, Florida
   42  Statutes, and all pleadings and documents related to the
   43  petition be made confidential and exempt from s. 119.07(1),
   44  Florida Statutes, and s. 24(a), Article I of the State
   45  Constitution. Persons who are victims of human trafficking and
   46  who have been arrested for offenses committed, or reported to
   47  have been committed, as a result of being trafficked are
   48  themselves victims of crimes. These victims face barriers to
   49  employment and loss of other life opportunities, and the fact
   50  that the victims are seeking expungement, as well as the
   51  information contained in related pleadings and documents, would
   52  expose these victims to possible discrimination due to details
   53  of their past lives becoming public knowledge. Therefore, it is
   54  necessary that these petitions, pleadings, and related documents
   55  be made confidential in order for human trafficking victims to
   56  have the chance to rebuild their lives and reenter society.
   57         Section 3. This act shall take effect October 1, 2023.