Florida Senate - 2024                                    SB 1734
       
       
        
       By Senator Rodriguez
       
       
       
       
       
       40-01733-24                                           20241734__
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         943.0583, F.S.; expanding an existing public records
    4         exemption relating to human trafficking victims
    5         seeking expunction of certain records related to an
    6         offense listed in s. 775.084(1)(b)1., F.S.; providing
    7         for future review and repeal of the expanded
    8         exemption; providing for the reversion of specified
    9         provisions if the exemption is not saved from repeal;
   10         providing a statement of public necessity; reenacting
   11         ss. 397.417(4)(e), 943.0585(6)(b), and 943.059(6)(b),
   12         F.S., relating to background screenings, the effect of
   13         expunction orders, and the effect of sealing orders,
   14         respectively, to incorporate the amendment made to s.
   15         943.0583, F.S., in references thereto; providing a
   16         contingent effective date.
   17          
   18  Be It Enacted by the Legislature of the State of Florida:
   19  
   20         Section 1. Subsection (3) of section 943.0583, Florida
   21  Statutes, as amended by SB ____, 2024 Regular Session, is
   22  amended, and subsections (10) and (11) of that section are
   23  republished, to read:
   24         943.0583 Human trafficking victim expunction.—
   25         (3)(a) A person who is a victim of human trafficking may
   26  petition for the expunction of a criminal history record
   27  resulting from the arrest or filing of charges for one or more
   28  offenses committed or reported to have been committed while the
   29  person was a victim of human trafficking, which offense was
   30  committed or reported to have been committed as a part of the
   31  human trafficking scheme of which the person was a victim or at
   32  the direction of an operator of the scheme, including, but not
   33  limited to, violations under chapters 796 and 847, without
   34  regard to the disposition of the arrest or of any charges.
   35         (b) This section does not apply to any offense listed in s.
   36  775.084(1)(b)1., unless the arrest for such offense resulted in
   37  any disposition other than a conviction.
   38         (c) Determination of the petition under this section should
   39  be by a preponderance of the evidence. A conviction expunged
   40  under this section is deemed to have been vacated due to a
   41  substantive defect in the underlying criminal proceedings. If a
   42  person is adjudicated not guilty by reason of insanity or is
   43  found to be incompetent to stand trial for any such charge, the
   44  expunction of the criminal history record may not prevent the
   45  entry of the judgment or finding in state and national databases
   46  for use in determining eligibility to purchase or possess a
   47  firearm or to carry a concealed firearm, as authorized in s.
   48  790.065(2)(a)4.c. and 18 U.S.C. s. 922(t), nor shall it prevent
   49  any governmental agency that is authorized by state or federal
   50  law to determine eligibility to purchase or possess a firearm or
   51  to carry a concealed firearm from accessing or using the record
   52  of the judgment or finding in the course of such agency’s
   53  official duties.
   54         (d) For any conviction vacated pursuant to this subsection,
   55  the court vacating such conviction or convictions must include
   56  in the order to expunge an order for the return of all fines,
   57  fees, and restitution paid by the petitioner as a result of his
   58  or her conviction or convictions. The clerk of the court must,
   59  upon receipt of such order to expunge containing an order for
   60  the return of all fines, fees, and restitution, return to the
   61  petitioner all such amounts.
   62         (e) The expansion of the public records exemption in
   63  paragraph (b) to allow for the expunction of certain criminal
   64  history records related to an offense listed in s.
   65  775.084(1)(b)1. is subject to the Open Government Sunset Review
   66  Act in accordance with s. 119.15 and shall stand repealed on
   67  October 2, 2029, unless reviewed and saved from repeal through
   68  reenactment by the Legislature. If the expansion of the
   69  exemption is not saved from repeal, this subsection shall revert
   70  to that in existence on June 30, 2024, except that any
   71  amendments to this subsection other than by this act shall be
   72  preserved and continue to operate to the extent that such
   73  amendments are not dependent upon the portions of this
   74  subsection which expire pursuant to this paragraph.
   75         (10)(a) A criminal history record ordered expunged under
   76  this section that is retained by the department is confidential
   77  and exempt from s. 119.07(1) and s. 24(a), Art. I of the State
   78  Constitution, except that the record shall be made available:
   79         1. To criminal justice agencies for their respective
   80  criminal justice purposes.
   81         2. To any governmental agency that is authorized by state
   82  or federal law to determine eligibility to purchase or possess a
   83  firearm or to carry a concealed firearm for use in the course of
   84  such agency’s official duties.
   85         3. Upon order of a court of competent jurisdiction.
   86         (b) A criminal justice agency may retain a notation
   87  indicating compliance with an order to expunge.
   88         (11)(a) The following criminal intelligence information or
   89  criminal investigative information is confidential and exempt
   90  from s. 119.07(1) and s. 24(a), Art. I of the State
   91  Constitution:
   92         1. Any information that reveals the identity of a person
   93  who is a victim of human trafficking whose criminal history
   94  record has been expunged under this section.
   95         2. Any information that may reveal the identity of a person
   96  who is a victim of human trafficking whose criminal history
   97  record has been ordered expunged under this section.
   98         (b) Criminal investigative information and criminal
   99  intelligence information made confidential and exempt under this
  100  subsection may be disclosed by a law enforcement agency:
  101         1. In the furtherance of its official duties and
  102  responsibilities.
  103         2. For print, publication, or broadcast if the law
  104  enforcement agency determines that such release would assist in
  105  locating or identifying a person that the agency believes to be
  106  missing or endangered. The information provided should be
  107  limited to that needed to identify or locate the victim.
  108         3. To another governmental agency in the furtherance of its
  109  official duties and responsibilities.
  110         (c) This exemption applies to such confidential and exempt
  111  criminal intelligence information or criminal investigative
  112  information held by a law enforcement agency before, on, or
  113  after the effective date of the exemption.
  114         Section 2. The Legislature finds it is a public necessity
  115  that criminal history records of human trafficking victims
  116  related to an arrest for any offense listed in s.
  117  775.084(1)(b)1., Florida Statutes, which was dismissed or nolle
  118  prosequi by the state attorney or statewide prosecutor or
  119  dismissed by a court of competent jurisdiction, or for which a
  120  judgment of acquittal was rendered by a judge or a verdict of
  121  not guilty was rendered by a judge or jury, which records are
  122  ordered to be expunged under s. 943.0583, Florida Statutes, be
  123  made confidential and exempt from 119.07(1), Florida Statutes,
  124  and s. 24(a), Article I of the State Constitution. Persons who
  125  are victims of human trafficking and who have been arrested for
  126  or charged with crimes committed at the behest of their
  127  traffickers are themselves victims of crimes. These victims face
  128  barriers to employment and loss of other life opportunities.
  129  Therefore, it is necessary that such specified criminal history
  130  records, even though such records are related to certain serious
  131  offenses, be made confidential and exempt in order to afford
  132  human trafficking victims the opportunity to rebuild their lives
  133  and reenter society.
  134         Section 3. For the purpose of incorporating the amendment
  135  made by this act to section 943.0583, Florida Statutes, in a
  136  reference thereto, paragraph (e) of subsection (4) of section
  137  397.417, Florida Statutes, is reenacted to read:
  138         397.417 Peer specialists.—
  139         (4) BACKGROUND SCREENING.—
  140         (e) The background screening conducted under this
  141  subsection must ensure that a peer specialist has not been
  142  arrested for and is awaiting final disposition of, found guilty
  143  of, regardless of adjudication, or entered a plea of nolo
  144  contendere or guilty to, or been adjudicated delinquent and the
  145  record has not been sealed or expunged for, any offense
  146  prohibited under any of the following state laws or similar laws
  147  of another jurisdiction:
  148         1. Section 393.135, relating to sexual misconduct with
  149  certain developmentally disabled clients and reporting of such
  150  sexual misconduct.
  151         2. Section 394.4593, relating to sexual misconduct with
  152  certain mental health patients and reporting of such sexual
  153  misconduct.
  154         3. Section 409.920, relating to Medicaid provider fraud, if
  155  the offense was a felony of the first or second degree.
  156         4. Section 415.111, relating to abuse, neglect, or
  157  exploitation of vulnerable adults.
  158         5. Any offense that constitutes domestic violence as
  159  defined in s. 741.28.
  160         6. Section 777.04, relating to attempts, solicitation, and
  161  conspiracy to commit an offense listed in this paragraph.
  162         7. Section 782.04, relating to murder.
  163         8. Section 782.07, relating to manslaughter; aggravated
  164  manslaughter of an elderly person or a disabled adult;
  165  aggravated manslaughter of a child; or aggravated manslaughter
  166  of an officer, a firefighter, an emergency medical technician,
  167  or a paramedic.
  168         9. Section 782.071, relating to vehicular homicide.
  169         10. Section 782.09, relating to killing an unborn child by
  170  injury to the mother.
  171         11. Chapter 784, relating to assault, battery, and culpable
  172  negligence, if the offense was a felony.
  173         12. Section 787.01, relating to kidnapping.
  174         13. Section 787.02, relating to false imprisonment.
  175         14. Section 787.025, relating to luring or enticing a
  176  child.
  177         15. Section 787.04(2), relating to leading, taking,
  178  enticing, or removing a minor beyond state limits, or concealing
  179  the location of a minor, with criminal intent pending custody
  180  proceedings.
  181         16. Section 787.04(3), relating to leading, taking,
  182  enticing, or removing a minor beyond state limits, or concealing
  183  the location of a minor, with criminal intent pending dependency
  184  proceedings or proceedings concerning alleged abuse or neglect
  185  of a minor.
  186         17. Section 790.115(1), relating to exhibiting firearms or
  187  weapons within 1,000 feet of a school.
  188         18. Section 790.115(2)(b), relating to possessing an
  189  electric weapon or device, a destructive device, or any other
  190  weapon on school property.
  191         19. Section 794.011, relating to sexual battery.
  192         20. Former s. 794.041, relating to prohibited acts of
  193  persons in familial or custodial authority.
  194         21. Section 794.05, relating to unlawful sexual activity
  195  with certain minors.
  196         22. Section 794.08, relating to female genital mutilation.
  197         23. Section 796.07, relating to procuring another to commit
  198  prostitution, except for those offenses expunged pursuant to s.
  199  943.0583.
  200         24. Section 798.02, relating to lewd and lascivious
  201  behavior.
  202         25. Chapter 800, relating to lewdness and indecent
  203  exposure.
  204         26. Section 806.01, relating to arson.
  205         27. Section 810.02, relating to burglary, if the offense
  206  was a felony of the first degree.
  207         28. Section 810.14, relating to voyeurism, if the offense
  208  was a felony.
  209         29. Section 810.145, relating to video voyeurism, if the
  210  offense was a felony.
  211         30. Section 812.13, relating to robbery.
  212         31. Section 812.131, relating to robbery by sudden
  213  snatching.
  214         32. Section 812.133, relating to carjacking.
  215         33. Section 812.135, relating to home-invasion robbery.
  216         34. Section 817.034, relating to communications fraud, if
  217  the offense was a felony of the first degree.
  218         35. Section 817.234, relating to false and fraudulent
  219  insurance claims, if the offense was a felony of the first or
  220  second degree.
  221         36. Section 817.50, relating to fraudulently obtaining
  222  goods or services from a health care provider and false reports
  223  of a communicable disease.
  224         37. Section 817.505, relating to patient brokering.
  225         38. Section 817.568, relating to fraudulent use of personal
  226  identification, if the offense was a felony of the first or
  227  second degree.
  228         39. Section 825.102, relating to abuse, aggravated abuse,
  229  or neglect of an elderly person or a disabled adult.
  230         40. Section 825.1025, relating to lewd or lascivious
  231  offenses committed upon or in the presence of an elderly person
  232  or a disabled person.
  233         41. Section 825.103, relating to exploitation of an elderly
  234  person or a disabled adult, if the offense was a felony.
  235         42. Section 826.04, relating to incest.
  236         43. Section 827.03, relating to child abuse, aggravated
  237  child abuse, or neglect of a child.
  238         44. Section 827.04, relating to contributing to the
  239  delinquency or dependency of a child.
  240         45. Former s. 827.05, relating to negligent treatment of
  241  children.
  242         46. Section 827.071, relating to sexual performance by a
  243  child.
  244         47. Section 831.30, relating to fraud in obtaining
  245  medicinal drugs.
  246         48. Section 831.31, relating to the sale; manufacture;
  247  delivery; or possession with intent to sell, manufacture, or
  248  deliver of any counterfeit controlled substance, if the offense
  249  was a felony.
  250         49. Section 843.01, relating to resisting arrest with
  251  violence.
  252         50. Section 843.025, relating to depriving a law
  253  enforcement, correctional, or correctional probation officer of
  254  the means of protection or communication.
  255         51. Section 843.12, relating to aiding in an escape.
  256         52. Section 843.13, relating to aiding in the escape of
  257  juvenile inmates of correctional institutions.
  258         53. Chapter 847, relating to obscenity.
  259         54. Section 874.05, relating to encouraging or recruiting
  260  another to join a criminal gang.
  261         55. Chapter 893, relating to drug abuse prevention and
  262  control, if the offense was a felony of the second degree or
  263  greater severity.
  264         56. Section 895.03, relating to racketeering and collection
  265  of unlawful debts.
  266         57. Section 896.101, relating to the Florida Money
  267  Laundering Act.
  268         58. Section 916.1075, relating to sexual misconduct with
  269  certain forensic clients and reporting of such sexual
  270  misconduct.
  271         59. Section 944.35(3), relating to inflicting cruel or
  272  inhuman treatment on an inmate resulting in great bodily harm.
  273         60. Section 944.40, relating to escape.
  274         61. Section 944.46, relating to harboring, concealing, or
  275  aiding an escaped prisoner.
  276         62. Section 944.47, relating to introduction of contraband
  277  into a correctional institution.
  278         63. Section 985.701, relating to sexual misconduct in
  279  juvenile justice programs.
  280         64. Section 985.711, relating to introduction of contraband
  281  into a detention facility.
  282         Section 4. For the purpose of incorporating the amendment
  283  made by this act to section 943.0583, Florida Statutes, in a
  284  reference thereto, paragraph (b) of subsection (6) of section
  285  943.0585, Florida Statutes, is reenacted to read:
  286         943.0585 Court-ordered expunction of criminal history
  287  records.—
  288         (6) EFFECT OF EXPUNCTION ORDER.—
  289         (b) The person who is the subject of a criminal history
  290  record that is expunged under this section or under other
  291  provisions of law, including former ss. 893.14, 901.33, and
  292  943.058, may lawfully deny or fail to acknowledge the arrests
  293  covered by the expunged record, except when the subject of the
  294  record:
  295         1. Is a candidate for employment with a criminal justice
  296  agency;
  297         2. Is a defendant in a criminal prosecution;
  298         3. Concurrently or subsequently petitions for relief under
  299  this section, s. 943.0583, or s. 943.059;
  300         4. Is a candidate for admission to The Florida Bar;
  301         5. Is seeking to be employed or licensed by or to contract
  302  with the Department of Children and Families, the Division of
  303  Vocational Rehabilitation within the Department of Education,
  304  the Agency for Health Care Administration, the Agency for
  305  Persons with Disabilities, the Department of Health, the
  306  Department of Elderly Affairs, or the Department of Juvenile
  307  Justice or to be employed or used by such contractor or licensee
  308  in a sensitive position having direct contact with children, the
  309  disabled, or the elderly;
  310         6.a. Is seeking to be employed or licensed by, or contract
  311  with, the Department of Education, any district unit under s.
  312  1001.30, any special district unit under s. 1011.24, the Florida
  313  School for the Deaf and the Blind under s. 1002.36, the Florida
  314  Virtual School under s. 1002.37, any virtual instruction program
  315  under s. 1002.45, any charter school under s. 1002.33, any hope
  316  operator under s. 1002.333, any alternative school under s.
  317  1008.341, any private or parochial school, or any local
  318  governmental entity that licenses child care facilities;
  319         b. Is seeking to be employed or used by a contractor or
  320  licensee under sub-subparagraph a.; or
  321         c. Is a person screened under s. 1012.467;
  322         7. Is seeking to be licensed by the Division of Insurance
  323  Agent and Agency Services within the Department of Financial
  324  Services; or
  325         8. Is seeking to be appointed as a guardian pursuant to s.
  326  744.3125.
  327         Section 5. For the purpose of incorporating the amendment
  328  made by this act to section 943.0583, Florida Statutes, in a
  329  reference thereto, paragraph (b) of subsection (6) of section
  330  943.059, Florida Statutes, is reenacted to read:
  331         943.059 Court-ordered sealing of criminal history records.—
  332         (6) EFFECT OF ORDER.—
  333         (b) The subject of the criminal history record sealed under
  334  this section or under other provisions of law, including former
  335  ss. 893.14, 901.33, and 943.058, may lawfully deny or fail to
  336  acknowledge the arrests covered by the sealed record, except
  337  when the subject of the record:
  338         1. Is a candidate for employment with a criminal justice
  339  agency;
  340         2. Is a defendant in a criminal prosecution;
  341         3. Concurrently or subsequently petitions for relief under
  342  this section, s. 943.0583, or s. 943.0585;
  343         4. Is a candidate for admission to The Florida Bar;
  344         5. Is seeking to be employed or licensed by or to contract
  345  with the Department of Children and Families, the Division of
  346  Vocational Rehabilitation within the Department of Education,
  347  the Agency for Health Care Administration, the Agency for
  348  Persons with Disabilities, the Department of Health, the
  349  Department of Elderly Affairs, or the Department of Juvenile
  350  Justice or to be employed or used by such contractor or licensee
  351  in a sensitive position having direct contact with children, the
  352  disabled, or the elderly;
  353         6.a. Is seeking to be employed or licensed by, or contract
  354  with, the Department of Education, a district unit under s.
  355  1001.30, a special district unit under s. 1011.24, the Florida
  356  School for the Deaf and the Blind under s. 1002.36, the Florida
  357  Virtual School under s. 1002.37, a virtual instruction program
  358  under s. 1002.45, a charter school under s. 1002.33, a hope
  359  operator under s. 1002.333, an alternative school under s.
  360  1008.341, a private or parochial school, or a local governmental
  361  entity that licenses child care facilities;
  362         b. Is seeking to be employed or used by a contractor or
  363  licensee under sub-subparagraph a.; or
  364         c. Is a person screened under s. 1012.467;
  365         7. Is attempting to purchase a firearm from a licensed
  366  importer, licensed manufacturer, or licensed dealer and is
  367  subject to a criminal history check under state or federal law;
  368         8. Is seeking to be licensed by the Division of Insurance
  369  Agent and Agency Services within the Department of Financial
  370  Services;
  371         9. Is seeking to be appointed as a guardian pursuant to s.
  372  744.3125; or
  373         10. Is seeking to be licensed by the Bureau of License
  374  Issuance of the Division of Licensing within the Department of
  375  Agriculture and Consumer Services to carry a concealed weapon or
  376  concealed firearm. This subparagraph applies only in the
  377  determination of an applicant’s eligibility under s. 790.06.
  378         Section 6. This act shall take effect on the same date that
  379  SB ___ or similar legislation takes effect, if such legislation
  380  is adopted in the same legislative session or an extension
  381  thereof and becomes a law.