CS/HB 1441 2022
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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. 2
943.0583, F.S.; providing for future repeal of 3
expanded exemptions; providing for the reversion of 4
specified provisions if the exemptions are not saved 5
from repeal; providing that a petition for human 6
trafficking victim expunction and all pleadings and 7
documents related to the petition are confidential and 8
exempt from public records requirements; providing for 9
future legislative review and repeal under the Open 10
Government Sunset Review Act; providing a statement of 11
public necessity; providing a contingent effective 12
date. 13
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Be It Enacted by the Legislature of the State of Florida: 15
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Section 1. Subsections (12 ) and (13) are added to section 17
943.0583, Florida Statutes, and subsections (10) and (11) of 18
that section are republished, to read: 19
943.0583 Human trafficking victim expunction. — 20
(10)(a) A criminal history record ordered expunged under 21
this section that is retained by the department is confidential 22
and exempt from s. 119.07(1) and s. 24(a), Art. I of the State 23
Constitution, except that the record shall be made available: 24
1. To criminal justice agencies for their respective 25
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criminal justice purposes. 26
2. To any governmental agency that is authorized by state 27
or federal law to determine eligibility to purchase or possess a 28
firearm or to carry a concealed firearm for use in the course of 29
such agency's official duties. 30
3. Upon order of a court of compet ent jurisdiction. 31
(b) A criminal justice agency may retain a notation 32
indicating compliance with an order to expunge. 33
(11)(a) The following criminal intelligence information or 34
criminal investigative information is confidential and exempt 35
from s. 119.07(1) and s. 24(a), Art. I of the State 36
Constitution: 37
1. Any information that reveals the identity of a person 38
who is a victim of human trafficking whose criminal history 39
record has been expunged under this section. 40
2. Any information that may reveal th e identity of a 41
person who is a victim of human trafficking whose criminal 42
history record has been ordered expunged under this section. 43
(b) Criminal investigative information and criminal 44
intelligence information made confidential and exempt under this 45
subsection may be disclosed by a law enforcement agency: 46
1. In the furtherance of its official duties and 47
responsibilities. 48
2. For print, publication, or broadcast if the law 49
enforcement agency determines that such release would assist in 50
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locating or identifying a person that the agency believes to be 51
missing or endangered. The information provided should be 52
limited to that needed to identify or locate the victim. 53
3. To another governmental agency in the furtherance of 54
its official duties and respons ibilities. 55
(c) This exemption applies to such confidential and exempt 56
criminal intelligence information or criminal investigative 57
information held by a law enforcement agency before, on, or 58
after the effective date of the exemption. 59
(12) The expansion of the public records exemptions in 60
subsections (10) and (11) pursuant to paragraph (3)(b) to allow 61
for the expunction of certain criminal history records related 62
to an offense listed in s. 775.084(1)(b)1. is subject to the 63
Open Government Sunset Review Ac t in accordance with s. 119.15 64
and shall stand repealed on October 2, 2027, unless reviewed and 65
saved from repeal through reenactment by the Legislature. If the 66
expansion of the exemptions pursuant to paragraph (3)(b) is not 67
saved from repeal, this section shall revert to that in 68
existence on June 30, 2022, except that any amendment to this 69
section other than by this act shall be preserved and continue 70
to operate to the extent that such amendments are not dependent 71
upon the portions of this section that are repealed pursuant to 72
this subsection. 73
(13)(a) A petition filed under this section and all 74
pleadings and documents related to the petition are confidential 75
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and exempt from s. 119.07(1) and s. 24(a), Art. I of the State 76
Constitution. 77
(b) This subsection is subject to the Open Government 78
Sunset Review Act in accordance with s. 119.15 and shall stand 79
repealed on October 2, 2027, unless reviewed and saved from 80
repeal through reenactment by the Legislature. 81
Section 2. The Legislature finds that it is a public 82
necessity that criminal history records of human trafficking 83
victims related to any offense listed in s. 775.084(1)(b)1., 84
Florida Statutes, which were dismissed or nolle prosequi by the 85
state attorney or statewide prosecutor or dismissed by a court 86
of competent jurisdiction, or for which a judgment of acquittal 87
was rendered by a judge or a verdict of not guilty was rendered 88
by a judge or jury, which records are ordered to be expunged 89
under s. 943.0583, Florida Statutes, be made confidential and 90
exempt from s. 119.07(1), Florida Statutes, and s. 24(a), 91
Article I of the State Constitution. Further, the Legislature 92
finds that it is a public necessity that a petition filed under 93
s. 943.0583, Florida Statutes, and all pleadings and documents 94
related to the petition be made confidential and exempt from s. 95
119.07(1), Florida Statutes, and s. 24(a), Article I of the 96
State Constitution. Persons who are victims of human trafficking 97
and who have been arrested for offenses committed, or reported 98
to have been committed, as a result of being trafficked are 99
themselves victims of crimes. These victims face barriers to 100
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employment and loss of other life opportunities, and the fact 101
that the victims are seeking expungement, as well as the 102
information contained in related p leadings and documents, would 103
expose these victims to possible discrimination due to details 104
of their past lives becoming public knowledge. Therefore, it is 105
necessary that these petitions, pleadings, and related documents 106
be made confidential in order for human trafficking victims to 107
have the chance to rebuild their lives and reenter society. 108
Section 3. This act shall take effect on the same date 109
that HB 1439 or similar legislation takes effect , if such 110
legislation is adopted in the same legislative s ession or an 111
extension thereof and becomes a law. 112