The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Governmental Oversight and Accountability
BILL: CS/SB 756
INTRODUCER: Children, Families, and Elder Affairs Committee and Senator Diaz
SUBJECT: Public Records/Human Trafficking Victims
DATE: January 25, 2022
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Moody Cox CF Fav/CS
2. Limones-Borja McVaney GO Favorable
3. RC
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE – Substantial Changes
I. Summary:
CS/SB 756 amends s. 943.0583, F.S., to expand the public records exemption regarding the
expunction of a criminal history record of a human trafficking victim relating to offenses listed
under the habitual violent felony offender designation if the defendant was not found guilty of, or
did not pled guilty or nolo contender to, such an offense. Current law prohibits – without
qualification - the expunction of a criminal history record related to offenses listed under the
habitual violent felony offender designation.
The bill also makes confidential and exempt from public records copying and inspection
requirements any petition filed by a human trafficking victim to expunge a criminal history
record and all pleadings and documents related to the petition.
The bill makes legislative findings, to meet requirements of the State Constitution, that the
expansion of the current exemption and the creation of new exemption from public records
disclosure are each a public necessity. The bill requires a two-thirds vote of the members present
and voting for final passage.
The exemption is subject to the Open Government Sunset Review Act (act) and will stand
repealed on October 2, 2027, unless reviewed and reenacted by the Legislature.
The bill expressly provides that if the expansion of the exemption related to the human
trafficking victim expunction is not saved from repeal, the provision will revert to the version as
it exists on June 30, 2022, except that any amendments to the subsection must be preserved and
REVISED: BILL: CS/SB 756 Page 2
continue to operate to the extent that such amendments are not dependent upon the portions of
the expanded exemption which expire.
The bill is not expected to impact state and local revenues and expenditures.
The bill is effective July 1, 2022.
II. Present Situation:
Access to Public Records – Generally
The State Constitution provides that the public has the right to inspect or copy records made or
received in connection with official governmental business.
1
The right to inspect or copy applies
to the official business of any public body, officer, or employee of the state, including all three
branches of state government, local governmental entities, and any person acting on behalf of the
government.
2
Additional requirements and exemptions related to public records are found in various statutes
and rules, depending on the branch of government involved. For instance, section 11.0431, F.S.,
provides public access requirements for legislative records. Relevant exemptions are codified in
s. 11.0431(2)-(3), F.S., and adopted in the rules of each house of the legislature.
3
Florida Rule of
Judicial Administration 2.420 governs public access to judicial branch records.
4
Lastly,
chapter 119, F.S., known as the Public Records Act, provides requirements for public records
held by executive agencies.
Executive Agency Records – The Public Records Act
The Public Records Act provides that all state, county and municipal records are open for
personal inspection and copying by any person, and that providing access to public records is a
duty of each agency.
5
Section 119.011(12), F.S., defines “public records” to include:
All documents, papers, letters, maps, books, tapes, photographs, films,
sound recordings, data processing software, or other material, regardless of
the physical form, characteristics, or means of transmission, made or
received pursuant to law or ordinance or in connections with the transaction
of official business by any agency.
1
FLA. CONST. art. I, s. 24(a).
2
Id.
3
See Rule 1.48, Rules and Manual of the Florida Senate, (2018-2020) and Rule 14.1, Rules of the Florida House of
Representatives, Edition 2, (2018-2020)
4
State v. Wooten, 260 So. 3d 1060 (Fla. 4
th
DCA 2018).
5
Section 119.01(1), F.S. Section 119.011(2), F.S., defines “agency” as “any state, county, district, authority, or municipal
officer, department, division, board, bureau, commission, or other separate unit of government created or established by law
including, for the purposes of this chapter, the Commission on Ethics, the Public Service Commission, and the Office of
Public Counsel, and any other public or private agency, person, partnership, corporation, or business entity acting on behalf
of any public agency.” BILL: CS/SB 756 Page 3
The Florida Supreme Court has interpreted this definition to encompass all materials made or
received by an agency in connection with official business that are used to “perpetuate,
communicate, or formalize knowledge of some type.”
6
The Florida Statutes specify conditions under which public access to public records must be
provided. The Public Records Act guarantees every person’s right to inspect and copy any public
record at any reasonable time, under reasonable conditions, and under supervision by the
custodian of the public record.
7
A violation of the Public Records Act may result in civil or
criminal liability.
8
The Legislature may exempt public records from public access requirements by passing a
general law by a two-thirds vote of both the House and the Senate.
9
The exemption must state
with specificity the public necessity justifying the exemption and must be no broader than
necessary to accomplish the stated purpose of the exemption.
10
General exemptions from the public records requirements are contained in the Public Records
Act.
11
Specific exemptions often are placed in the substantive statutes relating to a particular
agency or program.
12
When creating a public records exemption, the Legislature may provide that a record is “exempt”
or “confidential and exempt.” There is a difference between records the Legislature has
determined to be exempt from the Public Records Act and those which the Legislature has
determined to be exempt from the Public Records Act and confidential.
13
Records designated as
“confidential and exempt” are not subject to inspection by the public and may only be released
under the circumstances defined by statute.
14
Records designated as “exempt” may be released at
the discretion of the records custodian under certain circumstances.
15
6
Shevin v. Byron, Harless, Schaffer, Reid and Assoc., Inc., 379 So. 2d 633, 640 (Fla. 1980).
7
Section 119.07(1)(a), F.S.
8
Section 119.10, F.S. Public records laws are found throughout the Florida Statutes, as are the penalties for violating those
laws.
9
FLA. CONST. art. I, s. 24(c).
10
Id. See, e.g., Halifax Hosp. Medical Center v. News-Journal Corp., 724 So. 2d 567 (Fla. 1999) (holding that a public
meetings exemption was unconstitutional because the statement of public necessity did not define important terms and did
not justify the breadth of the exemption); Baker County Press, Inc. v. Baker County Medical Services, Inc., 870 So. 2d 189
(Fla. 1st DCA 2004) (holding that a statutory provision written to bring another party within an existing public records
exemption is unconstitutional without a public necessity statement).
11
See, e.g., s. 119.071(1)(a), F.S. (exempting from public disclosure examination questions and answer sheets of
examinations administered by a governmental agency for the purpose of licensure).
12
See, e.g., s. 213.053(2)(a), F.S. (exempting from public disclosure information contained in tax returns received by the
Department of Revenue).
13
WFTV, Inc. v. The Sch. Bd. of Seminole County, 874 So. 2d 48, 53 (Fla. 5
th
DCA 2004).
14
Id.
15
Williams v. City of Minneola, 575 So. 2d 683 (Fla. 5th DCA 1991). BILL: CS/SB 756 Page 4
Open Government Sunset Review Act
The provisions of s. 119.15, F.S., known as the Open Government Sunset Review Act
16
(the
Act), prescribe a legislative review process for newly created or substantially amended
17
public
records or open meetings exemptions, with specified exceptions.
18
The Act requires the repeal of
such exemption on October 2nd of the fifth year after creation or substantial amendment, unless
the Legislature reenacts the exemption.
19
The Act provides that a public records or open meetings exemption may be created or
maintained only if it serves an identifiable public purpose and is no broader than is necessary.
20
An exemption serves an identifiable purpose if it meets one of the following purposes and the
Legislature finds that the purpose of the exemption outweighs open government policy and
cannot be accomplished without the exemption:
It allows the state or its political subdivisions to effectively and efficiently administer a
governmental program, and administration would be significantly impaired without the
exemption;
21
It protects sensitive, personal information, the release of which would be defamatory, cause
unwarranted damage to the good name or reputation of the individual, or would jeopardize
the individual’s safety. If this public purpose is cited as the basis of an exemption, however,
only personal identifying information is exempt;
22
or
It protects information of a confidential nature concerning entities, such as trade or business
secrets.
23
The Act also requires specified questions to be considered during the review process.
24
In
examining an exemption, the Act directs the Legislature to question the purpose and necessity of
reenacting the exemption.
If the exemption is continued and expanded, then a public necessity statement and a two-thirds
vote for passage are required.
25
If the exemption is continued without substantive changes or if
the exemption is continued and narrowed, then a public necessity statement and a two-thirds vote
16
Section 119.15, F.S.
17
An exemption is considered to be substantially amended if it is expanded to include more records or information or to
include meetings as well as records. Section 119.15(4)(b), F.S.
18
Section 119.15(2)(a) and (b), F.S., provides that exemptions required by federal law or applicable solely to the Legislature
or the State Court System are not subject to the Open Government Sunset Review Act.
19
Section 119.15(3), F.S.
20
Section 119.15(6)(b), F.S.
21
Section 119.15(6)(b)1., F.S.
22
Section 119.15(6)(b)2., F.S.
23
Section 119.15(6)(b)3., F.S.
24
Section 119.15(6)(a), F.S. The specified questions are:
What specific records or meetings are affected by the exemption?
Whom does the exemption uniquely affect, as opposed to the general public?
What is the identifiable public purpose or goal of the exemption?
Can the information contained in the records or discussed in the meeting be readily obtained by alternative means?
If so, how?
Is the record or meeting protected by another exemption?
Are there multiple exemptions for the same type of record or meeting that it would be appropriate to merge?
25
See generally Section 119.15, F.S. BILL: CS/SB 756 Page 5
for passage are not required. If the Legislature allows an exemption to expire, the previously
exempt records will remain exempt unless otherwise provided by law.
26
Human Trafficking
Human trafficking is a form of modern-day slavery.
27
Human trafficking victims can be young
children, teenagers, and adults. Some of which may be citizens that are trafficked domestically
within the borders of the United States, while others are smuggled across international borders
worldwide.
28
Many human trafficking victims are induced with false promises of financial or
emotional security, but are forced or coerced into commercial sex, domestic servitude, or other
types of forced labor.
29
Any minor who is younger than 18 years old and who is induced to
perform a commercial sex act is a human trafficking victim, even if there is no force, fraud, or
coercion.
30
Increasingly, criminal organizations, such as gangs, are enticing local school children
into commercial sexual exploitation or trafficking.
31
Human Trafficking in Florida
Florida law defines “human trafficking” as transporting, soliciting, recruiting, harboring,
providing, enticing, maintaining,
32
purchasing, patronizing, procuring, or obtaining
33
another
person for the purpose of exploitation of that person.
34
In Florida, any person who knowingly, or
in reckless disregard of the facts, engages in human trafficking, or attempts to engage in human
trafficking, or benefits financially by receiving anything of value from participation in a venture
that has subjected a person to human trafficking for labor or services, or commercial sexual
activity, commits a crime.
35
Florida law sets out several circumstances that give rise to specified
penalties including, in part:
Labor or services of any child under the age of 18 commits a first degree felony;
36
Labor or services of any child under the age of 18 who is an unauthorized alien
37
commits a
first degree felony;
38
26
Section 119.15(7), F.S.
27
Section 787.06(1)(a), F.S.
28
Id.
29
The Department of Education (the DOE), Healthy Schools – Human Trafficking, available at
http://www.fldoe.org/schools/healthy-schools/human-trafficking.stml (last visited January 20, 2022).
30
Id.
31
Id.
32
Section 787.06(2)(f), F.S., provides “maintain” means, in relation to labor or services, to secure or make possible continued
performance thereof, regardless of any initial agreement on the part of the victim to perform such type service. Section
787.06(2)(h), F.S., defines “services” as any act committed at the behest of, under the supervision of, or for the benefit of
another, including forced marriage, servitude, or the removal of organs.
33
Section 787.06(2)(g), F.S., provides “obtain” means, in relation to labor, commercial sexual activity, or services, to receive,
take possession of, or take custody of another person or secure performance thereof. Section 787.06(2)(e), F.S., provides
“labor” means work of economic or financial value.
34
Section 787.06(2)(d), F.S.
35
Section 787.06(3), F.S.
36
Section 787.06(3)(a)1., F.S. A first degree felony is punishable by a state prison term not exceeding 30 years, a fine not
exceeding $10,000, or both. Sections 775.082 and 775.083, F.S.
37
Section 787.06(2)(j), F.S., defines “unauthorized alien” as an alien who is not authorized under federal law to be employed
in the United States, as provided in 8 U.S.C. s. 1324a(h)(3).
38
Section 787.06(3)(c)1., F.S. BILL: CS/SB 756 Page 6
Labor or services who does so by the transfer or transport of any child under the age of 18
from outside of Florida to within Florida commits a first degree felony;
39
Commercial sexual activity
40
who does so by the transfer or transport of any child under the
age of 18 from outside of Florida to within Florida commits a first degree felony;
41
or
Commercial sexual activity in which any child under the age of 18, or in which any person
who is mentally defective
42
or mentally incapacitated
43
is involved commits a life felony.
44
The above-mentioned first-degree felonies are reclassified as a life felony if a person causes
great bodily harm, permanent disability, or permanent disfigurement to another person during the
commission of the offense.
45
Ignorance of the human trafficking victim’s age, the victim’s
misrepresentation of his or her age, or a bona fide belief of the victim’s age cannot be raised as a
defense by a defendant.
46
Florida is ranked the third highest state of reported human trafficking cases in the United
States.
47
In 2020, the Florida Abuse Hotline received an increase in reports of commercially
exploited children from 3,088 reports in 2019 to 3,181 reports in 2020.
48
Public Records Exemption relating to Human Trafficking
In part, current law provides a public record exemption for criminal intelligence
49
and criminal
investigative information
50
including:
39
Section 787.06(3)(e)1., F.S.
40
Section 787.06(2)(b), F.S., defines “commercial sexual activity” as any violation of ch. 796, F.S., or an attempt to commit
any such offense, and includes sexually explicit performances and the production of pornography. Section 787.06(2)(i), F.S.,
defines “sexual explicit performance” as an act or show, whether public or private, that is live, photographed, recorded, or
videotaped and intended to arouse or satisfy the sexual desires or appeal to the prurient interest.
41
Section 787.06(3)(f)1., F.S., provides that an offense committed under these circumstances is punishable by a term of
imprisonment not exceeding life or as provided in ss. 775.082, 775.083, or 775.084, F.S.
42
Section 794.011(1)(b), F.S., defines “mentally defective” as a mental disease or defect which renders a person temporarily
or permanently incapable of appraising the nature of his or her conduct.
43
Section 794.011(1)(c), F.S., defines “mental incapacitated” as temporarily incapable of appraising or controlling a person’s
own conduct due to the influence of a narcotic, anesthetic, or intoxicating substance administered without his or her consent
or due to any other act committed upon that person without his or her consent.
44
A life felony is punishable by a term of life imprisonment, $15,000 fine, or both as provided in ss. 775.082(3)(a)6.,
775.083, or 775.084, F.S.
45
Section 787.06(8)(b), F.S.
46
Section 787.06(9), F.S.
47
Florida Alliance to End Human Trafficking, We need to End Human Trafficking in the State of Florida, available at
https://floridaallianceendht.com/ (last visited January 20, 2022).
48
The Office of Program Policy Analysis and Government Accountability, Annual Report on the Commercial Sexual
Exploitation of Children in Florida, 2021, p. 2, July 2021, available at Annual Report on CSE of Children, 2021 (fl.gov) (last
visited January 20, 2022).
49
Section 119.011(3)(a), F.S., defines “criminal intelligence information” as information with respect to an identifiable
person or group of persons collected by a criminal justice agency in an effort to anticipate, prevent, or monitor possible
criminal activity.
50
Section 119.011(3)(b), F.S., defines “criminal investigative information” as information with respect to an identifiable
person or group of persons compiled by a criminal justice agency in the course of conducting a criminal investigation of a
specific act or omission, including, but not limited to, information derived from laboratory tests, reports of investigators or
informants, or any type of surveillance. BILL: CS/SB 756 Page 7
Any information that reveals the identity of a person under the age of 18 who is the victim of
human trafficking for labor or services;
Any information that may reveal the identity of a person who is the victim of human
trafficking for commercial sexual activity; and
A photograph, videotape, or image of any part of the body of a victim of human trafficking
involving commercial sexual activity.
51
Expunction
A person may have his or her criminal history record expunged under certain circumstances.
52
When a record is expunged, the criminal justice agencies possessing such record must physically
destroy or obliterate it. The Florida Department of Law Enforcement (FDLE) maintains a copy
of the record to evaluate subsequent requests for sealing or expunction, and to recreate the record
in the event a court vacates the order to expunge.
53
The criminal history record retained by the
FDLE is confidential and exempt.
54
Once the record is expunged, a person may lawfully deny or
fail to acknowledge the arrests covered by the expunged record, subject to exceptions.
55
Court Ordered Expunction
Section 943.0585, F.S., provides the courts discretion in dealing with the expunction of criminal
history records if certain requirements are met. A court, in its discretion, may order the
expunction of a person’s criminal history record if the FDLE issues the person a certificate of
eligibility for expunction.
56
The FDLE must issue a certificate of eligibility for court-ordered
expunction to a person meeting all criteria.
57
Generally, a person is eligible for expunction if:
An indictment, information, or other charging document was not filed or issued in the case
giving rise to the criminal history record.
An indictment, information, or other changing document was filed or issued in the case
giving rise to the criminal history record, but was dismissed or nolle prosequi by the State,
was dismissed by the court, a judgment of acquittal was rendered, or a verdict of not guilty
was rendered.
The person is not seeking to seal a criminal history record relating to a violation of certain
enumerated offenses.
The person has never, prior to filing the application for a certificate of eligibility, been either:
o Adjudicated guilty of any criminal offense or comparable ordinance violation; or
o Adjudicated delinquent of any felony or certain enumerated misdemeanors as a juvenile.
The person has not been adjudicated guilty or delinquent for committing any of the acts
stemming from the arrest or alleged criminal activity to which the petition to expunge
pertains.
The person has never secured a prior sealing or expunction, unless:
51
Section 119.071(2)(h)1., F.S.
52
Sections 943.0581, 943.0582, 943.0583, and 943.0585, F.S.
53
Section 943.045(16), F.S
54
Section 943.0585(6)(a), F.S.
55
Section 943.0585(6), F.S.
56
Section 943.0585(4), F.S.
57
Section 943.0585(2), F.S. BILL: CS/SB 756 Page 8
o Expunction is sought of a criminal history record previously sealed for at least 10 years;
and
o The record was sealed because adjudication was withheld, or because a judgment of
acquittal or verdict of not guilty was rendered.
58
Human Trafficking Victim Expunction
In 2013, the Legislature created a process authorizing a victim of human trafficking to petition a
court for the expunction
59
of a criminal history record resulting from his or her arrest or filing of
charges for an offense committed or reported to have been committed while he or she was a
victim of human trafficking.
60
For purposes of record expunction, “victim of human trafficking” means a person subjected to
coercion
61
for the purpose of being used in human trafficking, a child under 18 years of age
subjected to human trafficking, or an individual subjected to human trafficking as defined by
federal law.
62
To be eligible for expunction, the criminal offense must be related to a human trafficking scheme
of which the person was a victim or the offense must have been committed at the direction of an
operator of the scheme and must not be one of the offenses under s. 775.084(1)(b)1., F.S.,
including:
Arson;
Sexual battery;
Robbery;
Kidnapping;
Aggravated child abuse;
Aggravated abuse of an elderly person or disabled adult;
Aggravated assault with a deadly weapon;
Murder;
Manslaughter;
Aggravated manslaughter of an elderly person or disabled adult;
Aggravated manslaughter of a child;
Unlawful throwing, placing, or discharging of a destructive device or bomb;
58
Section 943.0585(1), F.S.
59
When a criminal history record is ordered to be expunged, the record must be physically destroyed by any criminal justice
agency possessing such record, except that any criminal history record in the custody of the Florida Department of Law
Enforcement (FDLE) must be retained. See s. 943.045(16), F.S.
60
Section 943.0583(3), F.S.
61
Section 787.06, F.S., defines “coercion” as “1. Using or threatening to use physical force against any person; 2.
Restraining, isolating, or confining or threatening to restrain, isolate, or confine any person without lawful authority against
his or her will; 3. Using lending or other credit methods to establish a debt by any person when labor or services are pledged
as a security for the debt, if the value of the labor or services as reasonably assessed is not applied toward the liquidation of
the debt, the length and nature of the labor or services are not respectively limited and defined; 4. Destroying, concealing
removing, confiscating, withholding, or possessing any actual or purported passport, visa, or other immigration document, or
any other actual or purported government identification document, of any person; 5. Causing or threatening to cause financial
harm to any person; 6. Enticing or luring any person by fraud or deceit; or 7. Providing a controlled substance as outlined in
Schedule I or Schedule II of s. 893.03, F.S., to any person for the purpose of exploitation of that person.”
62
Section 943.0583(1)(c), F.S. BILL: CS/SB 756 Page 9
Armed burglary; or
Aggravated stalking.
63
The human trafficking victim is eligible to receive the expunction regardless of the disposition of
the arrest or of any charges unless the criminal history record is related to one of the above-listed
offenses.
The court with original jurisdiction over the crime that the human trafficking victim seeks to
expunge is the court designated to hear the victim’s petition.
64
A petition must be initiated by the
petitioner with due diligence after he or she is no longer a victim of human trafficking or has
sought human trafficking services.
65
The petition must be accompanied by the following:
A sworn statement attesting that the petitioner is eligible for an expunction to the best of his
or her knowledge and does not have other petitions to expunge or seal pending before any
court; and
Official documentation of the petitioner’s status as a human trafficking victim, if any exists.
66
In contrast to other expunctions made under s. 943.0585, F.S., a court is required to treat a
petition seeking to expunge more than one eligible case as a single petition.
67
Florida’s clerks of
court are prohibited from charging a filing fee, service charge, or copy fee or any other charge
for a petition for a human trafficking victim expunction.
68
When a criminal history record is ordered to be expunged, the record must be physically
destroyed by any criminal justice agency possessing such record, except if it is retained by the
FDLE. A human trafficking victim may lawfully deny or fail to acknowledge any expunged
record unless he or she is applying for a job within a criminal justice agency or is a defendant in
a subsequent criminal prosecution.
69
The criminal history record that has been expunged is
considered confidential and exempt
70
from public records requirements.
71
63
Section 943.0583(3), F.S. This subsection provides that expunction is not permitted if the offense is related to an offense
enumerated in s. 775.084(1)(b)1., F.S., related to habitual violent felony offenders.
64
Section 943.0583(2), F.S.
65
Section 943.0583(4), F.S.
66
Section 943.0583(6), F.S.
67
Section 943.0583(2), F.S.
68
Id.
69
Section 943.0583(8)(b), F.S.
70
Records designated as “confidential and exempt” are not subject to inspection by the public and may only be released
under the circumstances defined by statute. WFTV, Inc. v. The Sch. Bd. of Seminole County, 874 So. 2d 48, 53 (Fla. 5th DCA
2004). Records designated as “exempt” may be released at the discretion of the records custodian under certain
circumstances. Williams v. City of Minneola, 575 So. 2d 683 (Fla. 5th DCA 1991).
71
Section 119.071(2)(h), F.S. BILL: CS/SB 756 Page 10
Current law also provides that criminal intelligence
72
and criminal investigative information
73
is
confidential and exempt from public records requirements. Such information includes:
74
Any information that reveals the identity of a person under the age of 18 who is the victim of
human trafficking for labor or services;
75
Any information that may reveal the identity of a person who is the victim of human
trafficking for commercial sexual activity;
76
and
A photograph, videotape, or image of any part of the body of a victim of human trafficking
involving commercial sexual activity.
77
Florida law does not currently provide a public records exemption for a human trafficking
victim’s petition and any accompanying documents for expunction of his or her criminal history
record resulting from an offense committed while he or she was a victim of human trafficking.
III. Effect of Proposed Changes:
Section 1 amends s. 943.0583, F.S., to expand the public records exemption authorizing human
trafficking victims to expunge a criminal history record related to any offense listed in s.
775.084(1)(b)1., F.S. - the habitual violent felony offender designation - if the defendant was not
found guilty of, or pled guilty or nolo contendere to, any such an offense. This section provides
that the expansion of the public records exemption is subject to the Open Government Sunset
Review Act and will be repealed on October 2, 2027, unless the Legislature reviews and renews
the expansion of the exemption before that date. This section also specifies that if the expansion
is not saved, the subsection will revert to the version in existence at June 30, 2022, except that
any amendments to this subsection other than by this act shall be preserved and continued to
operate to the extent that they are not dependent upon the portions of this subsection that expire.
This section also makes confidential and exempt from public inspection and copying
requirements a petition filed by a human trafficking victim to expunge a criminal history record
and all pleadings and all related documents to the petition. This section specifies that this new
public records exemption is subject to the Open Government Sunset Review Act and will be
repealed on October 2, 2027, unless the Legislature reviews and renews the exemption before
that date.
Section 2 provides statements of public necessity to meet the requirements of the State
Constitution, which note:
72
Section 119.011(3)(a), F.S., defines “criminal intelligence information” as information with respect to an identifiable
person or group of persons collected by a criminal justice agency in an effort to anticipate, prevent, or monitor possible
criminal activity.
73
Section 119.011(3)(b), F.S., defines “criminal investigative information” as information with respect to an identifiable
person or group of persons compiled by a criminal justice agency in the course of conducting a criminal investigation of a
specific act or omission, including, but not limited to, information derived from laboratory tests, reports of investigators or
informants, or any type of surveillance.
74
Ch. 2015-146 Laws of Fla.
75
See s. 787.06(3)(a), F.S.
76
See s. 787.06(3)(b), (d), (f), and (g), F.S.
77
Id. BILL: CS/SB 756 Page 11
[t]he Legislature finds it a public necessity that criminal history records of
human trafficking victims related to any offense listed in s. 775.084(1)(b)1.
that was dismissed or nolle prosequi by the state attorney or statewide
prosecutor, or was dismissed by a court of competent jurisdiction or a
judgment of acquittal was rendered by a judge, or a verdict of not guilty was
rendered by a judge or jury, and that are ordered to be expunged under s.
943.0583, F.S., be made confidential and exempt from 119.07(1), F.S., and
s. 24(a), Article I of the State Constitution. Further, the Legislature finds
that it is a public necessity that a petition filed under s. 943.0583, F.S., and
all pleadings and documents related to the petition be made confidential and
exempt from s. 119.07(1), F.S., and s. 24(a), Art. I of the State Constitution.
Persons who are victims of human trafficking and who have been arrested,
charged, or convicted of crimes committed at the behest of their traffickers
are themselves victims of crimes. These victims face barriers to
employment and loss of other life opportunities, and the fact that they are
seeking expungement, as well as the information contained in related
pleadings and documents, would expose these petitioners to possible
discrimination due to details of their past lives becoming public knowledge.
Therefore, it is necessary that these specified criminal history records, even
though such record is related to certain serious offenses, and these petitions,
pleadings, and related documents be made confidential in order for human
trafficking victims to have the chance to rebuild their lives and reenter
society.
Section 3 provides that the bill takes effect July 1, 2022.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
Not applicable. The bill does not require counties or municipalities to take an action
requiring the expenditure of funds, reduce the authority that counties or municipalities
have to raise revenue in the aggregate, nor reduce the percentage of state tax shared with
counties or municipalities.
B. Public Records/Open Meetings Issues:
Vote Requirement
Article I, s. 24(c) of the State Constitution requires a two-thirds vote of the members
present and voting for final passage of a bill creating or expanding an exemption to the
public records requirements. This bill expands a current exemption to make certain
criminal history records subject to expunction and creates a new exemption for a petition
for expunction filed by a human trafficking victim and all pleadings and documents
related to the petition. Thus, the bill requires a two-thirds vote to be enacted.
BILL: CS/SB 756 Page 12
Public Necessity Statement
Article I, s. 24(c) of the State Constitution requires a bill creating or expanding an
exemption to the public records requirements to state with specificity the public necessity
justifying the exemption. Section 2 of the bill contains statements of public necessity for
the exemptions.
Breadth of Exemption
Article I, s. 24(c) of the State Constitution requires an exemption to the public records
requirements to be no broader than necessary to accomplish the stated purpose of the law.
The stated purpose of the bill is to protect human trafficking victims from exposure to
possible discrimination due to details of their past lives becoming public knowledge. This
bill expands a public records exemption for certain criminal history records related to
offenses listed in s. 775.084(1)(b)1., and creates a new public records exemption for a
petition for expunction filed by a human trafficking victim and all pleadings and
documents related to the petition. The exemptions do not appear to be broader than
necessary to accomplish the purpose of the law.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None identified.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
C. Government Sector Impact:
The bill does not appear to have a fiscal impact on state or local governments. Costs
incurred by an agency in responding to public records requests regarding these
exemptions should be offset by authorized fees.
VI. Technical Deficiencies:
None. BILL: CS/SB 756 Page 13
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends section 943.0583 of the Florida Statutes.
IX. Additional Information:
A. Committee Substitute – Statement of Substantial Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
CS by Children, Families, and Elder Affairs on January 11, 2022:
The Committee Substitute:
Expands the provision that authorizes human trafficking victims to expunge a
criminal history record related to offenses listed under s. 775.084(1)(b)1. (the habitual
violent felony offender designation), provided the victim was not found guilty of, or
did not pled guilty or nolo contender to, such an offense;
Provides for an Open Government Sunset Review Act repeal date of October 2, 2027,
and provides that if the expansion is not saved, the subsection will revert to the
version in existence at June 30, 2022 with special exceptions;
Makes any petition filed by a human trafficking victim to expunge a criminal history
record and all pleadings and related documents confidential and exempt, instead of
making confidential and exempt the victim’s personal identifying information
contained in such documents;
Provides for an Open Government Sunset Review Act repeal date of October 2, 2027;
and
Modifies the public necessity statements to include the provision expanding the
human trafficking victim expunction and to conform the statement to relate to making
the petition and other documents confidential and exempt.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.