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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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An act relating to public records; amending s. 2
943.0582, F.S.; providing an exemption from public 3
records requirements for a nonjudicial record of the 4
arrest of a minor who has successfully completed a 5
diversion program; providing for retroactive 6
application; providing for future legislative review 7
and repeal of the exemption; providing a statement of 8
public necessity; providing a contingent effective 9
date. 10
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Be It Enacted by the Legislature of the State of Florida: 12
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Section 1. Subsection (5) is added to section 943.0582, 14
Florida Statutes, to read: 15
943.0582 Diversion program expunction. — 16
(5) A nonjudicial record of the arrest of a minor who has 17
successfully completed a diversion program which is sealed or 18
expunged under this section and which is retained by the 19
department is confidential and exempt from s. 119.07(1) and s. 20
24(a), Art. I of the State Constitution, except that the record 21
may be made available to criminal justice agencies only for the 22
purposes specified in subparagraph (2)(b)1. The exemption under 23
this subsection applies to records held by the department 24
before, on, or after July 1, 2022. This subsection is subject to 25
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HB 197 2022 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb0197-01-er
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
the Open Government Sunset Review Act in accordance with s. 26
119.15 and shall stand repealed on October 2, 2027, unless 27
reviewed and saved from repeal through reenactment by the 28
Legislature. 29
Section 2. The Legislature finds that it is a public 30
necessity that the nonj udicial record of the arrest of a minor 31
who successfully completed a diversion program for minors which 32
is sealed or expunged pursuant to s. 943.0582, Florida Statutes, 33
be made confidential and exempt from s. 119.07(1), Florida 34
Statutes, and s. 24(a), Arti cle I of the State Constitution. The 35
purpose of diversion programs is to redirect youth from the 36
justice system with opportunities for programming, 37
rehabilitation, and restoration. This purpose is undermined if 38
the nonjudicial record of arrest is not confi dential and exempt. 39
The presence of a nonjudicial record of arrest of a minor who 40
completed a diversion program can jeopardize his or her ability 41
to obtain education, employment, and other opportunities 42
necessary to become a productive, contributing, self -sustaining 43
member of society. Such negative consequences are unwarranted in 44
cases in which the minor was successfully diverted from further 45
delinquency proceedings through the completion of a diversion 46
program. For these reasons, the Legislature finds that it is a 47
public necessity that the criminal history records of minors 48
which have received an expunction due to the successful 49
completion of a diversion program be confidential and exempt 50
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HB 197 2022 Legislature
CODING: Words stricken are deletions; words underlined are additions.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
from public records requirements. 51
Section 3. This act shall take effect on the same date 52
that HB 195 or similar legislation takes effect , if such 53
legislation is adopted in the same legislative session or an 54
extension thereof and becomes a law. 55