Florida 2022 Regular Session

Florida House Bill H1261 Compare Versions

Only one version of the bill is available at this time.

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3	3	HB 1261 2022
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7	7	CODING: Words stricken are deletions; words underlined are additions.
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10	10	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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14	14	A bill to be entitled 1
15	15	An act relating to public records; amending s. 985.04, 2
16	16	F.S.; providing that specified information concerning 3
17	17	children under a certain age is confidential and 4
18	18	exempt from s. 119.07(1), F.S., solely because of the 5
19	19	child's age; providing for future legislative review 6
20	20	and repeal; providing for the reversion of statutory 7
21	21	text of certain provisions if the exemption is not 8
22	22	saved from repeal; providing a statement of p ublic 9
23	23	necessity; providing a contingent effective date. 10
24	24	11
25	25	Be It Enacted by the Legislature of the State of Florida: 12
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27	27	Section 1. Paragraph (a) of subsection (2) of section 14
28	28	985.04, Florida Statutes, is amended to read: 15
29	29	985.04 Oaths; records; confide ntial information.— 16
30	30	(2)(a) Notwithstanding any other provisions of this 17
31	31	chapter, the name, photograph, address, and crime or arrest 18
32	32	report of a child 15 years of age or older at the time of the 19
33	33	alleged offense: 20
34	34	1. Taken into custody by a law enforcemen t officer for a 21
35	35	violation of law which, if committed by an adult, would be a 22
36	36	felony; 23
37	37	2. Charged with a violation of law which, if committed by 24
38	38	an adult, would be a felony; 25
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40	40	HB 1261 2022
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44	44	CODING: Words stricken are deletions; words underlined are additions.
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47	47	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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51	51	3. Found to have committed an offense which, if committed 26
52	52	by an adult, would be a felony; or 27
53	53	4. Transferred to adult court pursuant to part X of this 28
54	54	chapter, 29
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56	56	are not considered confidential and exempt from s. 119.07(1) 31
57	57	solely because of the child's age. The expansion of the public 32
58	58	records exemption under this paragraph to exclude information 33
59	59	for children under 15 years of age is subject to the Open 34
60	60	Government Sunset Review Act in accordance with s. 119.15 and 35
61	61	shall stand repealed on October 2, 2027, unless reviewed and 36
62	62	saved from repeal through reenactment by the Legislature. If th e 37
63	63	expansion of the exemption is not saved from repeal, this 38
64	64	section shall revert to that in existence on June 30, 2022, 39
65	65	except that any other amendments made to this section, other 40
66	66	than by this act, are preserved and continue to operate to the 41
67	67	extent that such amendments are not dependent upon the portions 42
68	68	of text that expire under this subsection. 43
69	69	Section 2. The Legislature finds that it is a public 44
70	70	necessity that the names, photographs, addresses, and crime or 45
71	71	arrest reports of juveniles under 15 year s of age under ss. 46
72	72	985.04 and 943.053, Florida Statutes be made confidential and 47
73	73	exempt from s. 119.07(1), Florida Statutes, and s. 24(a), 48
74	74	Article I of the State Constitution. The presence of an arrest 49
75	75	or a criminal record in an individual's juvenile past and 50
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81	81	CODING: Words stricken are deletions; words underlined are additions.
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84	84	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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88	88	certain criminal history information relating to a juvenile 51
89	89	creates an unnecessary barrier to becoming a productive member 52
90	90	of society, thus frustrating the rehabilitative purpose of the 53
91	91	juvenile system. The Legislature therefore finds that it is in 54
92	92	the best interest of the public that individuals with juvenile 55
93	93	records are given the opportunity to become contributing members 56
94	94	of society. Therefore, prohibiting the unfettered release of 57
95	95	information concerning juveniles under 15 years of age is of 58
96	96	greater importance than any public benefit that may be derived 59
97	97	from the full disclosure and release of such arrest records and 60
98	98	information. 61
99	99	Section 3. This act shall take effect on the same date 62
100	100	that HB 1259 or similar legislation takes effect , if such 63
101	101	legislation is adopted in the same legislative session or an 64
102	102	extension thereof and becomes a law. 65