| 16 | | - | 943.0583, F.S.; providing for future repeal of 3 |
|---|
| 17 | | - | expanded exemptions; providing for the reversion of 4 |
|---|
| 18 | | - | specified provisions if the exemptions are not saved 5 |
|---|
| 19 | | - | from repeal; providing that a petition for human 6 |
|---|
| 20 | | - | trafficking victim expunction and all pleadings and 7 |
|---|
| 21 | | - | documents related to the petition are confidential and 8 |
|---|
| 22 | | - | exempt from public records requirements; providing for 9 |
|---|
| 23 | | - | future legislative review and repeal under the Open 10 |
|---|
| 24 | | - | Government Sunset Review Act; providing a statement of 11 |
|---|
| 25 | | - | public necessity; providing a contingent effective 12 |
|---|
| 26 | | - | date. 13 |
|---|
| 27 | | - | 14 |
|---|
| 28 | | - | Be It Enacted by the Legislature of the State of Florida: 15 |
|---|
| 29 | | - | 16 |
|---|
| 30 | | - | Section 1. Subsections (12 ) and (13) are added to section 17 |
|---|
| 31 | | - | 943.0583, Florida Statutes, and subsections (10) and (11) of 18 |
|---|
| 32 | | - | that section are republished, to read: 19 |
|---|
| 33 | | - | 943.0583 Human trafficking victim expunction. — 20 |
|---|
| 34 | | - | (10)(a) A criminal history record ordered expunged under 21 |
|---|
| 35 | | - | this section that is retained by the department is confidential 22 |
|---|
| 36 | | - | and exempt from s. 119.07(1) and s. 24(a), Art. I of the State 23 |
|---|
| 37 | | - | Constitution, except that the record shall be made available: 24 |
|---|
| 38 | | - | 1. To criminal justice agencies for their respective 25 |
|---|
| 16 | + | 943.0583, F.S.; providing that a petition for human 3 |
|---|
| 17 | + | trafficking victim expunction and all pleadings and 4 |
|---|
| 18 | + | documents related to the petition are confidential and 5 |
|---|
| 19 | + | exempt from public records requirements; providing for 6 |
|---|
| 20 | + | future legislative review and repeal under the Open 7 |
|---|
| 21 | + | Government Sunset Review Act; providing a statement of 8 |
|---|
| 22 | + | public necessity; providing a contingent effectiv e 9 |
|---|
| 23 | + | date. 10 |
|---|
| 24 | + | 11 |
|---|
| 25 | + | Be It Enacted by the Legislature of the State of Florida: 12 |
|---|
| 26 | + | 13 |
|---|
| 27 | + | Section 1. Subsection (12) is added to section 943.0583, 14 |
|---|
| 28 | + | Florida Statutes, to read: 15 |
|---|
| 29 | + | 943.0583 Human trafficking victim expunction. — 16 |
|---|
| 30 | + | (12)(a) A petition filed under this section a nd all 17 |
|---|
| 31 | + | pleadings and documents related to the petition are confidential 18 |
|---|
| 32 | + | and exempt from s. 119.07(1) and s. 24(a), Art. I of the State 19 |
|---|
| 33 | + | Constitution. 20 |
|---|
| 34 | + | (b) This subsection is subject to the Open Government 21 |
|---|
| 35 | + | Sunset Review Act in accordance with s. 119.15 and shall stand 22 |
|---|
| 36 | + | repealed on October 2, 2027, unless reviewed and saved from 23 |
|---|
| 37 | + | repeal through reenactment by the Legislature. 24 |
|---|
| 38 | + | Section 2. The Legislature finds that it is a public 25 |
|---|
| 51 | | - | criminal justice purposes. 26 |
|---|
| 52 | | - | 2. To any governmental agency that is authorized by state 27 |
|---|
| 53 | | - | or federal law to determine eligibility to purchase or possess a 28 |
|---|
| 54 | | - | firearm or to carry a concealed firearm for use in the course of 29 |
|---|
| 55 | | - | such agency's official duties. 30 |
|---|
| 56 | | - | 3. Upon order of a court of compet ent jurisdiction. 31 |
|---|
| 57 | | - | (b) A criminal justice agency may retain a notation 32 |
|---|
| 58 | | - | indicating compliance with an order to expunge. 33 |
|---|
| 59 | | - | (11)(a) The following criminal intelligence information or 34 |
|---|
| 60 | | - | criminal investigative information is confidential and exempt 35 |
|---|
| 61 | | - | from s. 119.07(1) and s. 24(a), Art. I of the State 36 |
|---|
| 62 | | - | Constitution: 37 |
|---|
| 63 | | - | 1. Any information that reveals the identity of a person 38 |
|---|
| 64 | | - | who is a victim of human trafficking whose criminal history 39 |
|---|
| 65 | | - | record has been expunged under this section. 40 |
|---|
| 66 | | - | 2. Any information that may reveal th e identity of a 41 |
|---|
| 67 | | - | person who is a victim of human trafficking whose criminal 42 |
|---|
| 68 | | - | history record has been ordered expunged under this section. 43 |
|---|
| 69 | | - | (b) Criminal investigative information and criminal 44 |
|---|
| 70 | | - | intelligence information made confidential and exempt under this 45 |
|---|
| 71 | | - | subsection may be disclosed by a law enforcement agency: 46 |
|---|
| 72 | | - | 1. In the furtherance of its official duties and 47 |
|---|
| 73 | | - | responsibilities. 48 |
|---|
| 74 | | - | 2. For print, publication, or broadcast if the law 49 |
|---|
| 75 | | - | enforcement agency determines that such release would assist in 50 |
|---|
| 76 | | - | |
|---|
| 77 | | - | CS/HB 1441 2022 |
|---|
| 78 | | - | |
|---|
| 79 | | - | |
|---|
| 80 | | - | |
|---|
| 81 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 82 | | - | hb1441-01-c1 |
|---|
| 83 | | - | Page 3 of 5 |
|---|
| 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 |
|---|
| 85 | | - | |
|---|
| 86 | | - | |
|---|
| 87 | | - | |
|---|
| 88 | | - | locating or identifying a person that the agency believes to be 51 |
|---|
| 89 | | - | missing or endangered. The information provided should be 52 |
|---|
| 90 | | - | limited to that needed to identify or locate the victim. 53 |
|---|
| 91 | | - | 3. To another governmental agency in the furtherance of 54 |
|---|
| 92 | | - | its official duties and respons ibilities. 55 |
|---|
| 93 | | - | (c) This exemption applies to such confidential and exempt 56 |
|---|
| 94 | | - | criminal intelligence information or criminal investigative 57 |
|---|
| 95 | | - | information held by a law enforcement agency before, on, or 58 |
|---|
| 96 | | - | after the effective date of the exemption. 59 |
|---|
| 97 | | - | (12) The expansion of the public records exemptions in 60 |
|---|
| 98 | | - | subsections (10) and (11) pursuant to paragraph (3)(b) to allow 61 |
|---|
| 99 | | - | for the expunction of certain criminal history records related 62 |
|---|
| 100 | | - | to an offense listed in s. 775.084(1)(b)1. is subject to the 63 |
|---|
| 101 | | - | Open Government Sunset Review Ac t in accordance with s. 119.15 64 |
|---|
| 102 | | - | and shall stand repealed on October 2, 2027, unless reviewed and 65 |
|---|
| 103 | | - | saved from repeal through reenactment by the Legislature. If the 66 |
|---|
| 104 | | - | expansion of the exemptions pursuant to paragraph (3)(b) is not 67 |
|---|
| 105 | | - | saved from repeal, this section shall revert to that in 68 |
|---|
| 106 | | - | existence on June 30, 2022, except that any amendment to this 69 |
|---|
| 107 | | - | section other than by this act shall be preserved and continue 70 |
|---|
| 108 | | - | to operate to the extent that such amendments are not dependent 71 |
|---|
| 109 | | - | upon the portions of this section that are repealed pursuant to 72 |
|---|
| 110 | | - | this subsection. 73 |
|---|
| 111 | | - | (13)(a) A petition filed under this section and all 74 |
|---|
| 112 | | - | pleadings and documents related to the petition are confidential 75 |
|---|
| 113 | | - | |
|---|
| 114 | | - | CS/HB 1441 2022 |
|---|
| 115 | | - | |
|---|
| 116 | | - | |
|---|
| 117 | | - | |
|---|
| 118 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 119 | | - | hb1441-01-c1 |
|---|
| 120 | | - | Page 4 of 5 |
|---|
| 121 | | - | 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 |
|---|
| 122 | | - | |
|---|
| 123 | | - | |
|---|
| 124 | | - | |
|---|
| 125 | | - | and exempt from s. 119.07(1) and s. 24(a), Art. I of the State 76 |
|---|
| 126 | | - | Constitution. 77 |
|---|
| 127 | | - | (b) This subsection is subject to the Open Government 78 |
|---|
| 128 | | - | Sunset Review Act in accordance with s. 119.15 and shall stand 79 |
|---|
| 129 | | - | repealed on October 2, 2027, unless reviewed and saved from 80 |
|---|
| 130 | | - | repeal through reenactment by the Legislature. 81 |
|---|
| 131 | | - | Section 2. The Legislature finds that it is a public 82 |
|---|
| 132 | | - | necessity that criminal history records of human trafficking 83 |
|---|
| 133 | | - | victims related to any offense listed in s. 775.084(1)(b)1., 84 |
|---|
| 134 | | - | Florida Statutes, which were dismissed or nolle prosequi by the 85 |
|---|
| 135 | | - | state attorney or statewide prosecutor or dismissed by a court 86 |
|---|
| 136 | | - | of competent jurisdiction, or for which a judgment of acquittal 87 |
|---|
| 137 | | - | was rendered by a judge or a verdict of not guilty was rendered 88 |
|---|
| 138 | | - | by a judge or jury, which records are ordered to be expunged 89 |
|---|
| 139 | | - | under s. 943.0583, Florida Statutes, be made confidential and 90 |
|---|
| 140 | | - | exempt from s. 119.07(1), Florida Statutes, and s. 24(a), 91 |
|---|
| 141 | | - | Article I of the State Constitution. Further, the Legislature 92 |
|---|
| 142 | | - | finds that it is a public necessity that a petition filed under 93 |
|---|
| 143 | | - | s. 943.0583, Florida Statutes, and all pleadings and documents 94 |
|---|
| 144 | | - | related to the petition be made confidential and exempt from s. 95 |
|---|
| 145 | | - | 119.07(1), Florida Statutes, and s. 24(a), Article I of the 96 |
|---|
| 146 | | - | State Constitution. Persons who are victims of human trafficking 97 |
|---|
| 147 | | - | and who have been arrested for offenses committed, or reported 98 |
|---|
| 148 | | - | to have been committed, as a result of being trafficked are 99 |
|---|
| 149 | | - | themselves victims of crimes. These victims face barriers to 100 |
|---|
| 150 | | - | |
|---|
| 151 | | - | CS/HB 1441 2022 |
|---|
| 152 | | - | |
|---|
| 153 | | - | |
|---|
| 154 | | - | |
|---|
| 155 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 156 | | - | hb1441-01-c1 |
|---|
| 157 | | - | Page 5 of 5 |
|---|
| 158 | | - | 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 |
|---|
| 159 | | - | |
|---|
| 160 | | - | |
|---|
| 161 | | - | |
|---|
| 162 | | - | employment and loss of other life opportunities, and the fact 101 |
|---|
| 163 | | - | that the victims are seeking expungement, as well as the 102 |
|---|
| 164 | | - | information contained in related p leadings and documents, would 103 |
|---|
| 165 | | - | expose these victims to possible discrimination due to details 104 |
|---|
| 166 | | - | of their past lives becoming public knowledge. Therefore, it is 105 |
|---|
| 167 | | - | necessary that these petitions, pleadings, and related documents 106 |
|---|
| 168 | | - | be made confidential in order for human trafficking victims to 107 |
|---|
| 169 | | - | have the chance to rebuild their lives and reenter society. 108 |
|---|
| 170 | | - | Section 3. This act shall take effect on the same date 109 |
|---|
| 171 | | - | that HB 1439 or similar legislation takes effect , if such 110 |
|---|
| 172 | | - | legislation is adopted in the same legislative s ession or an 111 |
|---|
| 173 | | - | extension thereof and becomes a law. 112 |
|---|
| 51 | + | necessity that a petition filed under s. 943.0583, Florida 26 |
|---|
| 52 | + | Statutes, and all ple adings and documents related to the 27 |
|---|
| 53 | + | petition be made confidential and exempt from s. 119.07(1), 28 |
|---|
| 54 | + | Florida Statutes, and s. 24(a), Article I of the State 29 |
|---|
| 55 | + | Constitution. Persons who are victims of human trafficking and 30 |
|---|
| 56 | + | who have been arrested for offenses commit ted, or reported to 31 |
|---|
| 57 | + | have been committed, as a result of being trafficked are 32 |
|---|
| 58 | + | themselves victims of crimes. These victims face barriers to 33 |
|---|
| 59 | + | employment and loss of other life opportunities, and the fact 34 |
|---|
| 60 | + | that the victims are seeking expungement, as well as the 35 |
|---|
| 61 | + | information contained in related pleadings and documents, would 36 |
|---|
| 62 | + | expose these victims to possible discrimination due to details 37 |
|---|
| 63 | + | of their past lives becoming public knowledge. Therefore, it is 38 |
|---|
| 64 | + | necessary that these petitions, pleadings, and related documents 39 |
|---|
| 65 | + | be made confidential in order for human trafficking victims to 40 |
|---|
| 66 | + | have the chance to rebuild their lives and reenter society. 41 |
|---|
| 67 | + | Section 3. This act shall take effect on the same date 42 |
|---|
| 68 | + | that HB 1439 or similar legislation takes effect , if such 43 |
|---|
| 69 | + | legislation is adopted in the same legislative session or an 44 |
|---|
| 70 | + | extension thereof and becomes a law. 45 |
|---|