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 This paragraph is subject 31 to the Open Government Sunset Review Act in accordance with s. 32 119.15 and shall stand repealed on October 2, 2025, unless 33 reviewed and saved from such repeal through reenactment by the 34 Legislature. 35 (d) Information relating to the existence of an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.