HB 1261 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1261-00
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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
A bill to be entitled 1
An act relating to public records; amending s. 985.04, 2
F.S.; providing that specified information concerning 3
children under a certain age is confidential and 4
exempt from s. 119.07(1), F.S., solely because of the 5
child's age; providing for future legislative review 6
and repeal; providing for the reversion of statutory 7
text of certain provisions if the exemption is not 8
saved from repeal; providing a statement of p ublic 9
necessity; providing a contingent effective date. 10
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Be It Enacted by the Legislature of the State of Florida: 12
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Section 1. Paragraph (a) of subsection (2) of section 14
985.04, Florida Statutes, is amended to read: 15
985.04 Oaths; records; confide ntial information.— 16
(2)(a) Notwithstanding any other provisions of this 17
chapter, the name, photograph, address, and crime or arrest 18
report of a child 15 years of age or older at the time of the 19
alleged offense: 20
1. Taken into custody by a law enforcemen t officer for a 21
violation of law which, if committed by an adult, would be a 22
felony; 23
2. Charged with a violation of law which, if committed by 24
an adult, would be a felony; 25
HB 1261 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1261-00
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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
3. Found to have committed an offense which, if committed 26
by an adult, would be a felony; or 27
4. Transferred to adult court pursuant to part X of this 28
chapter, 29
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are not considered confidential and exempt from s. 119.07(1) 31
solely because of the child's age. The expansion of the public 32
records exemption under this paragraph to exclude information 33
for children under 15 years of age is subject to the Open 34
Government Sunset Review Act in accordance with s. 119.15 and 35
shall stand repealed on October 2, 2027, unless reviewed and 36
saved from repeal through reenactment by the Legislature. If th e 37
expansion of the exemption is not saved from repeal, this 38
section shall revert to that in existence on June 30, 2022, 39
except that any other amendments made to this section, other 40
than by this act, are preserved and continue to operate to the 41
extent that such amendments are not dependent upon the portions 42
of text that expire under this subsection. 43
Section 2. The Legislature finds that it is a public 44
necessity that the names, photographs, addresses, and crime or 45
arrest reports of juveniles under 15 year s of age under ss. 46
985.04 and 943.053, Florida Statutes be made confidential and 47
exempt from s. 119.07(1), Florida Statutes, and s. 24(a), 48
Article I of the State Constitution. The presence of an arrest 49
or a criminal record in an individual's juvenile past and 50
HB 1261 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1261-00
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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
certain criminal history information relating to a juvenile 51
creates an unnecessary barrier to becoming a productive member 52
of society, thus frustrating the rehabilitative purpose of the 53
juvenile system. The Legislature therefore finds that it is in 54
the best interest of the public that individuals with juvenile 55
records are given the opportunity to become contributing members 56
of society. Therefore, prohibiting the unfettered release of 57
information concerning juveniles under 15 years of age is of 58
greater importance than any public benefit that may be derived 59
from the full disclosure and release of such arrest records and 60
information. 61
Section 3. This act shall take effect on the same date 62
that HB 1259 or similar legislation takes effect , if such 63
legislation is adopted in the same legislative session or an 64
extension thereof and becomes a law. 65