Florida Senate - 2024                                    SB 1736
       
       
        
       By Senator Rodriguez
       
       
       
       
       
       40-01248-24                                           20241736__
    1                        A bill to be entitled                      
    2         An act relating to expunction of records of victims of
    3         human trafficking; amending s. 943.0583, F.S.;
    4         revising the definition of the term “official
    5         documentation”; requiring a court vacating one or more
    6         certain convictions to include in its order to expunge
    7         an order for the return of all fines, fees, and
    8         restitution paid by the petitioner; requiring the
    9         clerk of the court, upon receipt of such an order, to
   10         return all such amounts to the petitioner; deleting a
   11         provision requiring a certain standard of proof for a
   12         determination made without certain official
   13         documentation; providing an effective date.
   14          
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Paragraph (b) of subsection (1) and subsections
   18  (3) and (5) of section 943.0583, Florida Statutes, are amended
   19  to read:
   20         943.0583 Human trafficking victim expunction.—
   21         (1) As used in this section, the term:
   22         (b) “Official documentation” includes, but is not limited
   23  to, all of the following:
   24         1. means Any documentation issued by a federal, state, or
   25  local agency tending to show a person’s status as a victim of
   26  human trafficking.
   27         2. An affidavit, a letter, or sworn testimony from a
   28  medical professional, a member of a victim services
   29  organization, or a certified, licensed, or registered
   30  professional from whom the defendant has sought assistance,
   31  counseling, or legal counsel related to his or her
   32  victimization.
   33         (3)(a) A person who is a victim of human trafficking may
   34  petition for the expunction of a criminal history record
   35  resulting from the arrest or filing of charges for one or more
   36  offenses committed or reported to have been committed while the
   37  person was a victim of human trafficking, which offense was
   38  committed or reported to have been committed as a part of the
   39  human trafficking scheme of which the person was a victim or at
   40  the direction of an operator of the scheme, including, but not
   41  limited to, violations under chapters 796 and 847, without
   42  regard to the disposition of the arrest or of any charges.
   43         (b) However, This section does not apply to any offense
   44  listed in s. 775.084(1)(b)1.
   45         (c) Determination of the petition under this section should
   46  be by a preponderance of the evidence. A conviction expunged
   47  under this section is deemed to have been vacated due to a
   48  substantive defect in the underlying criminal proceedings. If a
   49  person is adjudicated not guilty by reason of insanity or is
   50  found to be incompetent to stand trial for any such charge, the
   51  expunction of the criminal history record may not prevent the
   52  entry of the judgment or finding in state and national databases
   53  for use in determining eligibility to purchase or possess a
   54  firearm or to carry a concealed firearm, as authorized in s.
   55  790.065(2)(a)4.c. and 18 U.S.C. s. 922(t), nor shall it prevent
   56  any governmental agency that is authorized by state or federal
   57  law to determine eligibility to purchase or possess a firearm or
   58  to carry a concealed firearm from accessing or using the record
   59  of the judgment or finding in the course of such agency’s
   60  official duties.
   61         (d) For any conviction vacated pursuant to this subsection,
   62  the court vacating such conviction or convictions must include
   63  in the order to expunge an order for the return of all fines,
   64  fees, and restitution paid by the petitioner as a result of his
   65  or her conviction or convictions. The clerk of the court must,
   66  upon receipt of such order to expunge containing an order for
   67  the return of all fines, fees, and restitution, return to the
   68  petitioner all such amounts.
   69         (5) Official documentation of the victim’s status creates a
   70  presumption that his or her participation in the offense was a
   71  result of having been a victim of human trafficking but is not
   72  required for granting a petition under this section. A
   73  determination made without such official documentation must be
   74  made by a showing of clear and convincing evidence.
   75         Section 2. This act shall take effect July 1, 2024.