This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0841.CRJ
DATE: 3/9/2023
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 841 Pub. Rec./Human Trafficking Victim Expunction
SPONSOR(S): Hawkins
TIED BILLS: IDEN./SIM. BILLS: SB 1210, SB 1428
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Criminal Justice Subcommittee Leshko Hall
2) Ethics, Elections & Open Government
Subcommittee
3) Judiciary Committee
SUMMARY ANALYSIS
Human trafficking is modern day slavery which involves transporting, soliciting, recruiting, harboring, providing,
enticing, maintaining, purchasing, patronizing, procuring, or obtaining another person for the purpose of
exploiting that person. A human trafficking victim is authorized to petition a court for the expunction of his or
her criminal history record resulting from an 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, with the exception of certain offenses.
The petition to expunge must be accompanied by a sworn statement attesting that the petitioner is eligible for
an expunction to the best of his or her knowledge and official documentation of the petitioner’s status as a
human trafficking victim, if any exists. Any person who knowingly provides false information in such a sworn
statement commits a felony of the third degree.
When a record is expunged, it is destroyed and any criminal intelligence and criminal investigative information
that reveals or may reveal the human trafficking victim’s identity whose criminal history record has been
expunged or ordered expunged is confidential and exempt from public records requirements. Additionally, a
criminal history record that is ordered expunged that is retained by FDLE is also confidential and exempt from
public records requirements, however, current law does not exempt the information contained in the petition for
expunction or accompanying information from public record.
HB 841 amends s. 943.0583, F.S., to make confidential and exempt from public records a petition for human
trafficking victim expunction and all related pleadings and documents. The public records exemption is subject
to the Open Government Sunset Review Act and will be repealed on October 2, 2028, unless reviewed and
saved from repeal by the Legislature.
Additionally, the bill requires that the offense committed while the person was a victim of human trafficking for
which he or she is seeking expunction be directly related to the human trafficking scheme, rather than
committed or reported to have been committed as part of a human trafficking scheme. The bill increases the
penalty for providing false information in a sworn statement attesting to eligibility for expunction from a third-
degree felony to a second-degree felony.
The bill may have an indeterminate negative fiscal impact on agencies holding petitions and related pleadings
and documents for human trafficking victim expunction if additional training is required to comply with the
expanded public record exemption.
The bill provides an effective date of October 1, 2023.
Article I, section 24(c) of the Florida Constitution requires a two-thirds vote of the members present
and voting for final passage of a newly-created or expanded public records or public meeting
exemption. The bill creates a public records exemption; thus, it requires a two-thirds vote for final
passage. STORAGE NAME: h0841.CRJ PAGE: 2
DATE: 3/9/2023
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
Public Records
Art. I, s. 24(a) of the Florida Constitution sets forth every person’s right to inspect or copy any public
record of the legislative, executive, and judicial branches of government.
1
The Legislature, however,
may provide public records exemptions by general law.
2
The general law must state with specificity the
public necessity justifying the exemption, must be no broader than necessary to accomplish its
purpose, and must pass by a two-thirds vote of each chamber.
3
Within Florida’s Public Records laws, the Open Government Sunset Review (OGSR) Act
4
provides that
a public record exemption may be created, revised, or maintained only if it serves an identifiable public
purpose. An exemption serves an identifiable public purpose if it meets one of the following statutory
purposes, the Legislature finds that the purpose of the exemption outweighs the public policy interest in
open government, and the purpose cannot be accomplished without the exemption:
Allow the state or its political subdivisions to effectively and efficiently administer a
governmental program, which administration would be significantly impaired without the
exemption;
Protect sensitive personal information that, if released, would be defamatory or would
jeopardize an individual’s safety; however, only the identity of an individual may be exempted
under this provision; or
Protect trade or business secrets.
5
There is a difference between records the Legislature has determined to be exempt from the Florida
Public Records Act and those which the Legislature has determined to be exempt from the Florida
Public Records Act and confidential.
6
Information deemed confidential in the statutes is not subject to
inspection and may only be released to the persons or organizations designated in the statute.
7
On the
other hand, information that is exempt but not confidential may be disclosed under certain
circumstances.
8
The OGSR Act requires the automatic repeal of a newly created public record exemption on October
2nd of the fifth year after creation or substantial amendment, unless the Legislature reenacts the
exemption.
9
An exemption may be maintained only if it serves an identifiable public purpose and is not
broader than necessary.
10
Human Trafficking
Human trafficking is modern day slavery which involves the transporting, soliciting, recruiting,
harboring, providing, enticing, maintaining, purchasing, patronizing, procuring, or obtaining of another
person for the purpose of exploiting that person.
11
A person may not knowingly, or in reckless disregard
of the facts, engage in human trafficking, attempt to engage in human trafficking, or benefit financially
1
Art. 1, s. 24(a), Fla. Const.; Florida’s Public Record laws are codified in ch. 119, F.S.
2
Art. I, s. 24(c), Fla. Const.
3
Id.
4
S. 119.15, F.S.
5
S. 119.15(6)(b), F.S.
6
WFTV, Inc. v. School Bd. of Seminole, 874 So. 2d 48, 53 (Fla. 5th DCA 2004).
7
Id.
8
Williams v. City of Minneola, 575 So. 2d 683, 687 (Fla. 5th DCA 1991).
9
S. 119.15(3), F.S.
10
S. 119.15(6)(b), F.S.
11
S. 787.06(2)(d), F.S. STORAGE NAME: h0841.CRJ PAGE: 3
DATE: 3/9/2023
by receiving anything of value from participating in a venture that has subjected a person to human
trafficking for commercial sexual activity, labor, or services:
By using coercion;
12
With or of a child or person believed to be a child younger than 18;
13
or
If for commercial sexual activity, with a mentally defective
14
or mentally incapacitated
15
person.
16
Public Records Exemptions
Section 119.071(2)(h), F.S., provides a public record exemption
17
for criminal intelligence
18
and criminal
investigative information
19
that includes:
Any information that reveals the identity of a victim of the crime of child abuse;
20
Any information that may reveal the identity of a person who is a victim of any sexual offense;
21
and
A photograph, videotape, or image of any part of the body of a victim of a crime of certain
sexual offenses.
22
In 2015, the Legislature expanded the exemption to include:
23
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;
24
Any information that may reveal the identity of a person who is the victim of human trafficking
for commercial sexual activity;
25
and
A photograph, videotape, or image of any part of the body of a victim of human trafficking
involving commercial sexual activity.
26
Human Trafficking Victim Expunction
In 2013, the Legislature created a process to allow a victim of human trafficking to petition a court for
the expunction of a criminal history record resulting from the arrest or filing of charges for an offense
committed or reported to have been committed while the person was a victim of human trafficking.
27
To
be eligible for expunction, the offense must be committed or reported to have been committed while the
person was a victim of a human trafficking scheme or must have been committed at the direction of an
operator of the scheme, and must not be one of the following offenses:
Arson;
Sexual battery;
Robbery;
Kidnapping;
Aggravated child abuse;
12
S. 787.06(3)(a)2., (b), (c)2., (d), (e)2., and (f)2., F.S.
13
S. 787.06(3)(a)1., (c)1., (e)1., (f)1., and (g), F.S.
14
Mentally defective means a mental disease or defect which renders a person temporarily or permanently incapable of appraising the
nature of his or her conduct. S. 794.011(1)(a), F.S.
15
Mentally incapacitated means 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. S. 794.011(1)(b), F.S.
16
S. 787.06(3)(g), F.S.
17
S. 119.071(2)(h), F.S.
18
The term “criminal intelligence information” means 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. S. 119.011(3)(a), F.S.
19
The term “criminal investigative information” means 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. S. 119.011(3)(b), F.S.
20
See ch. 827, F.S.
21
See chs. 794, 796, 800, 827, and 847, F.S.
22
See ss. 119.071(2)(h) and 810.145, F.S., and chs. 794, 796, 800, 827, and 847, F.S.
23
Ch. 2015-146, Laws of Fla.; S. 119.071(2)(h)1., F.S.
24
See s. 787.06(3)(a), F.S.
25
See s. 787.06(3)(b), (d), (f), and (g), F.S.
26
Id.
27
Ch. 2013-98, Laws of Fla. STORAGE NAME: h0841.CRJ PAGE: 4
DATE: 3/9/2023
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;
Armed burglary;
Aggravated battery; or
Aggravated stalking.
28
A court located within the judicial circuit where the crime the human trafficking victim seeks to expunge
took place is the court designated to hear the victim’s petition.
29
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 victim services.
30
The petition must be accompanied by:
A sworn statement attesting that the petitioner is eligible for an expunction, to the best of his or
her knowledge; and
Official documentation of the petitioner’s status as a human trafficking victim, if any exists.
Any person who knowingly provides false information in such a sworn statement commits a felony of
the third degree.
31
A person who has his or her criminal history record expunged may lawfully deny or fail to acknowledge
the arrests covered by the expunged record, except if the person is a candidate for employment with a
criminal justice agency or is a defendant in a criminal prosecution.
32
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.
33
A criminal history
record ordered expunged for a victim of human trafficking that is maintained by FDLE is confidential
and exempt under s. 119.07(1), F.S., and Art. I, s. 24(a), Fla. Const. The criminal history record,
however, will still be available:
To criminal justice agencies for their respective criminal justice purposes.
To any governmental agency that is authorized by state or federal law to determine eligibility to
purchase or possess a firearm or to carry a concealed firearm for use in the course of such
agency’s official duties.
Upon order of a court of competent jurisdiction.
34
Criminal intelligence and criminal investigative information that reveals or may reveal the identity of a
victim of human trafficking whose criminal history record has been expunged or ordered expunged is
also confidential and exempt
from public records requirements.
35
While criminal intelligence and criminal investigative information is confidential and exempt from public
records requirements, a law enforcement agency may share such information:
In the furtherance of its official duties and responsibilities;
With another governmental agency in the furtherance of its official duties and responsibilities; or
For print, publication, or broadcast, if the law enforcement agency determines that releasing the
information will assist in locating or identifying a person the agency believes is missing or
28
S. 943.0583(3), F.S.
29
S. 943.0583(2), F.S.
30
S. 943.0583(4), F.S.
31
Ss. 943.0583(6), F.S.; A third degree felony is punishable by a term of imprisonment not exceeding five years and a $5,000 fine. Ss.
775.082(3)(e) and 775.083(1)(c), F.S.
32
S. 943.0583(8)(b), F.S.
33
S. 943.0583(8)(a), F.S.
34
S. 943.0583(10)(a), F.S.
35
S. 943.0583(11), F.S. STORAGE NAME: h0841.CRJ PAGE: 5
DATE: 3/9/2023
endangered; however, the information provided should be limited to information needed to
identify or locate the victim.
36
Current law does not provide a public records exemption for a human trafficking victim’s petition or any
accompanying pleadings or 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.
Effect of Proposed Changes
HB 841 amends s. 943.0583, F.S., to make confidential and exempt from public records a petition for
human trafficking victim expunction and all related pleadings and documents. The public records
exemption is subject to the Open Government Sunset Review Act and will be repealed on October 2,
2028, unless reviewed and saved from repeal by the Legislature.
The bill includes a public necessity statement, which provides that victims of human trafficking face
barriers to employment and other opportunities and the potential for public knowledge that a human
trafficking victim is seeking expungement and the information accompanying such petition may expose
a human trafficking victim to possible discrimination. As such, it is necessary that such petitions and
related documents be made confidential to allow human trafficking victims the opportunity to rebuild
their lives and reenter society without facing potential discrimination.
Additionally, the bill requires that the offense committed while the person was a victim of human
trafficking for which he or she is seeking expunction be directly related to the human trafficking scheme,
rather than committed or reported to have been committed as part of a human trafficking scheme.
The bill increases the penalty for providing false information in a sworn statement submitted by the
victim of human trafficking attesting to his or her eligibility for expunction from a third-degree felony to a
second-degree felony.
37
The bill provides an effective date of October 1, 2023.
B. SECTION DIRECTORY:
Section 1: Amends s. 943.0583, F.S., relating to human trafficking victim expunction.
Section 2: Provides a public necessity statement.
Section 3: Provides an effective date of October 1, 2023.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
See Fiscal Comments.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
36
Ss. 119.071(2)(h)2. and 943.0583(11)(b), F.S.
37
A second degree felony is punishable by a term of imprisonment not exceeding 15 years and a $10,000 fine. Ss. 775.082(3)(d) and
775.083(1)(b), F.S. STORAGE NAME: h0841.CRJ PAGE: 6
DATE: 3/9/2023
2. Expenditures:
See Fiscal Comments.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
The bill may have an indeterminate negative fiscal impact on agencies holding petitions, pleadings, and
documents related to human trafficking victim expunction, as staff responsible for complying with public
record requests may require training related to the expansion of the public record exemption. However,
any additional costs will likely be absorbed within existing resources.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not Applicable. This bill does not appear to require counties or municipalities to spend funds or take
action requiring the expenditures of funds; reduce the authority that counties or municipalities have
to raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
municipalities.
2. Other:
Vote Requirement
Article I, section 24(c) of the Florida Constitution requires a two-thirds vote of the members present
and voting for final passage of a newly-created or expanded public records or public meeting
exemption. The bill creates a public records exemption; thus, it requires a two-thirds vote for final
passage.
Public Necessity Statement
Article I, section 24(c) of the Florida Constitution requires a public necessity statement for a newly
created or expanded public records or public meeting exemption. The bill creates a public records
exemption; thus, it includes a public necessity statement.
Breadth of Exemption
Article 1, section 24(c) of the Florida Constitution requires a newly created or expanded public
records or public meeting exemption to be no broader than necessary to accomplish the stated
purpose of the law. The bill creates a public records exemption for a petition for human trafficking
victim expunction and all related pleadings and documents, which does not appear to be broader
than necessary to accomplish its purpose.
B. RULE-MAKING AUTHORITY:
None.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES