Bill Text: FL S1506 | 2020 | Regular Session | Comm Sub

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Bill Title: Public Records/Expunction of Specified Convictions

Spectrum:

Status: (Failed) 2020-03-14 - Died in Governmental Oversight and Accountability [S1506 Detail]

Download: Florida-2020-S1506-Comm_Sub.html

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       Florida Senate - 2020                             CS for SB 1506
       
       
        
       By the Committee on Criminal Justice; and Senators Brandes and
       Bracy
       
       
       
       
       591-03079-20                                          20201506c1
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         943.0587, F.S.; providing a public records exemption
    4         to include the expunction of specified convictions of
    5         certain persons convicted of driving while license
    6         suspended, revoked, canceled, or disqualified;
    7         providing for legislative review and repeal of the
    8         exemption; providing a statement of public necessity;
    9         providing a contingent effective date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Paragraphs (c) and (d) are added to subsection
   14  (8) of section 943.0587, Florida Statutes, as created by SB
   15  1504, 2020 Regular Session, to read:
   16         943.0587 Driving while license suspended, revoked,
   17  canceled, or disqualified expunction.—
   18         (8) EFFECT OF EXPUNCTION ORDER.—
   19         (c) Any criminal history record of a person which is
   20  ordered expunged by a court of competent jurisdiction pursuant
   21  to this section must be physically destroyed or obliterated by
   22  any criminal justice agency having custody of such record,
   23  except that any criminal history record in the custody of the
   24  department must be retained in all cases. A criminal history
   25  record ordered expunged which is retained by the department is
   26  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
   27  of the State Constitution and not available to any person or
   28  entity except upon order of a court of competent jurisdiction. A
   29  criminal justice agency may retain a notation indicating
   30  compliance with an order to expunge. This paragraph is subject
   31  to the Open Government Sunset Review Act in accordance with s.
   32  119.15 and shall stand repealed on October 2, 2025, unless
   33  reviewed and saved from such repeal through reenactment by the
   34  Legislature.
   35         (d) Information relating to the existence of an expunged
   36  criminal history record which is provided in accordance with
   37  paragraph (c) is confidential and exempt from s. 119.07(1) and
   38  s. 24(a), Art. I of the State Constitution, except that the
   39  department shall disclose the existence of a criminal history
   40  record ordered expunged to the entities set forth in
   41  subparagraph (a)1. for their respective licensing, access
   42  authorization, and employment purposes and to criminal justice
   43  agencies for their respective criminal justice purposes. It is
   44  unlawful for any employee of an entity set forth in
   45  subparagraphs (a)1. and 4.-8. to disclose information relating
   46  to the existence of an expunged criminal history record of a
   47  person seeking employment, access authorization, or licensure
   48  with such entity or contractor, except to the person to whom the
   49  criminal history record relates or to persons having direct
   50  responsibility for employment, access authorization, or
   51  licensure decisions. This paragraph is subject to the Open
   52  Government Sunset Review Act in accordance with s. 119.15 and
   53  shall stand repealed on October 2, 2025, unless reviewed and
   54  saved from such repeal through reenactment by the Legislature.
   55         Section 2. The Legislature finds that it is a public
   56  necessity that the expunged criminal history record of a person
   57  who has been convicted of a felony offense of driving while
   58  license suspended, revoked, canceled, or disqualified which is
   59  no longer classified as a felony be made confidential and exempt
   60  from s. 119.07(1), Florida Statutes, and s. 24(a), Article I of
   61  the State Constitution. The Legislature further finds that any
   62  information relating to the existence of an expunged criminal
   63  history record resulting from a felony offense of driving while
   64  license suspended, revoked, canceled, or disqualified which is
   65  no longer classified as a felony be made confidential and exempt
   66  from s. 119.07(1), Florida Statutes, and s. 24(a), Article I of
   67  the State Constitution. The presence of a criminal history
   68  record in a person’s past can jeopardize his or her ability to
   69  obtain education, employment, and other opportunities. The
   70  presence of such a criminal history record in these individuals’
   71  past creates an unnecessary barrier to becoming productive,
   72  contributing, self-sustaining members of society and can
   73  jeopardize individuals’ ability to achieve a safe livelihood.
   74  The Legislature therefore finds that it is in the best interest
   75  of the public that such individuals are given the opportunity to
   76  become contributing members of society.
   77         Section 3. This act shall take effect on the same date as
   78  SB 1504 or similar legislation takes effect, if such legislation
   79  is adopted in the same legislative session or an extension
   80  thereof and becomes a law.