HB 841 2023
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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 that a petition for human 3
trafficking victim expunction and all pleadings and 4
documents related to the petition are confidential and 5
exempt from public records requirements; revising the 6
standards for determining what offenses may be 7
expunged; increasing the classification of the offense 8
of knowingly providing false information in an 9
expunction proceeding; providing for future 10
legislative review and repeal under the Open 11
Government Sunset Review Act; providing a statement of 12
public necessity; providing a contingent effective 13
date. 14
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Be It Enacted by the Legislature of the State of Florida: 16
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Section 1. Subsections (2), (3), and (6) of section 18
943.0583, Florida Statutes, are amended to read: 19
943.0583 Human trafficking victim expunction. — 20
(2)(a) Notwithstanding any other provision of law, upon 21
the filing of a petition as provided in thi s section, any court 22
in the circuit in which the petitioner was arrested, so long as 23
the court has jurisdiction over the class of offense or offenses 24
sought to be expunged, may order a criminal justice agency to 25
HB 841 2023
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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
expunge the criminal history record of a vic tim of human 26
trafficking who complies with the requirements of this section. 27
A petition need not be filed in the court where the petitioner's 28
criminal proceeding or proceedings originally occurred. This 29
section does not confer any right to the expunction o f any 30
criminal history record, and any request for expunction of a 31
criminal history record may be denied at the discretion of the 32
court. The clerk of the court may not charge a filing fee, 33
service charge, or copy fee or any other charge for a petition 34
filed under this section. The clerk of the court shall treat a 35
petition seeking to expunge more than one eligible case as a 36
single petition. 37
(b) A petition filed under this section and all pleadings 38
and documents related to the petition are confidential and 39
exempt from s. 119.07(1) and s. 24(a), Art. I of the State 40
Constitution. This paragraph is subject to the Open Government 41
Sunset Review Act in accordance with s. 119.15 and is repealed 42
on October 2, 2028, unless reviewed and saved from repeal 43
through reenactment by the Legislature. 44
(3) A person who is a victim of human trafficking may 45
petition for the expunction of a criminal history record 46
resulting from the arrest or filing of charges for one or more 47
offenses committed or reported to have been committed while the 48
person was a victim of human trafficking, which offense was 49
directly related to committed or reported to have been committed 50
HB 841 2023
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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
as a part of the human trafficking scheme of which the person 51
was a victim or at the direction of an operator of the sch eme, 52
including, but not limited to, violations under chapters 796 and 53
847, without regard to the disposition of the arrest or of any 54
charges. However, this section does not apply to any offense 55
listed in s. 775.084(1)(b)1. Determination of the petition und er 56
this section should be by a preponderance of the evidence. A 57
conviction expunged under this section is deemed to have been 58
vacated due to a substantive defect in the underlying criminal 59
proceedings. If a person is adjudicated not guilty by reason of 60
insanity or is found to be incompetent to stand trial for any 61
such charge, the expunction of the criminal history record may 62
not prevent the entry of the judgment or finding in state and 63
national databases for use in determining eligibility to 64
purchase or possess a firearm or to carry a concealed firearm, 65
as authorized in s. 790.065(2)(a)4.c. and 18 U.S.C. s. 922(t), 66
nor shall it prevent any governmental agency that is authorized 67
by state or federal law to determine eligibility to purchase or 68
possess a firearm or to carry a concealed firearm from accessing 69
or using the record of the judgment or finding in the course of 70
such agency's official duties. 71
(6) Each petition to a court to expunge a criminal history 72
record is complete only when accompanied by: 73
(a) The petitioner's sworn statement attesting that the 74
petitioner is eligible for such an expunction to the best of his 75
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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
or her knowledge or belief. 76
(b) Official documentation of the petitioner's status as a 77
victim of human trafficking, if any exists. 78
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Any person who knowingly provides false information on such 80
sworn statement to the court commits a felony of the second 81
third degree, punishable as provided in s. 775.082, s. 775.083, 82
or s. 775.084. 83
Section 2. The Legislature finds that it is a public 84
necessity that a petition filed under s. 943.0583, Florida 85
Statutes, and all pleadings and documents related to the 86
petition be made confidential and exempt from s. 119.07(1), 87
Florida Statutes, and s. 24(a), Article I of the State 88
Constitution. Persons who are v ictims of human trafficking and 89
who have been arrested for offenses committed, or reported to 90
have been committed, as a result of being trafficked are 91
themselves victims of crimes. These victims face barriers to 92
employment and loss of other life opportunit ies, and the fact 93
that the victims are seeking expungement, as well as the 94
information contained in related pleadings and documents, would 95
expose these victims to possible discrimination due to details 96
of their past lives becoming public knowledge. Therefo re, it is 97
necessary that these petitions, pleadings, and related documents 98
be made confidential in order for human trafficking victims to 99
have the chance to rebuild their lives and reenter society. 100
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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
Section 3. This act shall take effect October 1, 2023. 101