FL
Florida House Bill H0841

Florida 2023 Regular Session

Florida House Bill H0841 Compare Versions

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1010 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
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1414 A bill to be entitled 1
1515 An act relating to public records; amending s. 2
1616 943.0583, F.S.; providing that a petition for human 3
1717 trafficking victim expunction and all pleadings and 4
1818 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 an effective date. 9
23- 10
24-Be It Enacted by the Legislature of the State of Florida: 11
25- 12
26- Section 1. Subsection (2) of section 943.0583, Florida 13
27-Statutes, is amended to read: 14
28- 943.0583 Human trafficking victim expunction. — 15
29- (2)(a) Notwithstanding any other provision of law, upo n 16
30-the filing of a petition as provided in this section, any court 17
31-in the circuit in which the petitioner was arrested, so long as 18
32-the court has jurisdiction over the class of offense or offenses 19
33-sought to be expunged, may order a criminal justice agency to 20
34-expunge the criminal history record of a victim of human 21
35-trafficking who complies with the requirements of this section. 22
36-A petition need not be filed in the court where the petitioner's 23
37-criminal proceeding or proceedings originally occurred. This 24
38-section does not confer any right to the expunction of any 25
19+exempt from public records requirements; revising the 6
20+standards for determining what offenses may be 7
21+expunged; increasing the classification of the offense 8
22+of knowingly providing false information in an 9
23+expunction proceeding; providing for future 10
24+legislative review and repeal under the Open 11
25+Government Sunset Review Act; providing a statement of 12
26+public necessity; providing a contingent effective 13
27+date. 14
28+ 15
29+Be It Enacted by the Legislature of the State of Florida: 16
30+ 17
31+ Section 1. Subsections (2), (3), and (6) of section 18
32+943.0583, Florida Statutes, are amended to read: 19
33+ 943.0583 Human trafficking victim expunction. — 20
34+ (2)(a) Notwithstanding any other provision of law, upon 21
35+the filing of a petition as provided in thi s section, any court 22
36+in the circuit in which the petitioner was arrested, so long as 23
37+the court has jurisdiction over the class of offense or offenses 24
38+sought to be expunged, may order a criminal justice agency to 25
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4747 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
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51-criminal history record, and any request for expunction of a 26
52-criminal history record may be denied at the discretion of the 27
53-court. The clerk of the court may not charge a filing fee, 28
54-service charge, or cop y fee or any other charge for a petition 29
55-filed under this section. The clerk of the court shall treat a 30
56-petition seeking to expunge more than one eligible case as a 31
57-single petition. 32
58- (b) A petition filed under this section and all pleadings 33
59-and documents related to the petition are confidential and 34
60-exempt from s. 119.07(1) and s. 24(a), Art. I of the State 35
61-Constitution. This paragraph is subject to the Open Government 36
62-Sunset Review Act in accordance with s. 119.15 and is repealed 37
63-on October 2, 2028, unless reviewed and saved from repeal 38
64-through reenactment by the Legislature. 39
65- Section 2. The Legislature finds that it is a public 40
66-necessity that a petition filed under s. 943.0583, Florida 41
67-Statutes, and all pleadings and documents related to the 42
68-petition be made confidential and exempt from s. 119.07(1), 43
69-Florida Statutes, and s. 24(a), Article I of the State 44
70-Constitution. Persons who are victims of human trafficking and 45
71-who have been arrested for offenses committed, or reported to 46
72-have been committed, as a r esult of being trafficked are 47
73-themselves victims of crimes. These victims face barriers to 48
74-employment and loss of other life opportunities, and the fact 49
75-that the victims are seeking expungement, as well as the 50
51+expunge the criminal history record of a vic tim of human 26
52+trafficking who complies with the requirements of this section. 27
53+A petition need not be filed in the court where the petitioner's 28
54+criminal proceeding or proceedings originally occurred. This 29
55+section does not confer any right to the expunction o f any 30
56+criminal history record, and any request for expunction of a 31
57+criminal history record may be denied at the discretion of the 32
58+court. The clerk of the court may not charge a filing fee, 33
59+service charge, or copy fee or any other charge for a petition 34
60+filed under this section. The clerk of the court shall treat a 35
61+petition seeking to expunge more than one eligible case as a 36
62+single petition. 37
63+ (b) A petition filed under this section and all pleadings 38
64+and documents related to the petition are confidential and 39
65+exempt from s. 119.07(1) and s. 24(a), Art. I of the State 40
66+Constitution. This paragraph is subject to the Open Government 41
67+Sunset Review Act in accordance with s. 119.15 and is repealed 42
68+on October 2, 2028, unless reviewed and saved from repeal 43
69+through reenactment by the Legislature. 44
70+ (3) A person who is a victim of human trafficking may 45
71+petition for the expunction of a criminal history record 46
72+resulting from the arrest or filing of charges for one or more 47
73+offenses committed or reported to have been committed while the 48
74+person was a victim of human trafficking, which offense was 49
75+directly related to committed or reported to have been committed 50
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8484 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
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88-information contained in related pleadings and documents, would 51
89-expose these victims to possible discrimination due to details 52
90-of their past lives becoming public knowledge. Therefore, it is 53
91-necessary that these petitions, pleadings, and related documents 54
92-be made confidential in order for human traffi cking victims to 55
93-have the chance to rebuild their lives and reenter society. 56
94- Section 3. This act shall take effect October 1, 2023. 57
88+as a part of the human trafficking scheme of which the person 51
89+was a victim or at the direction of an operator of the sch eme, 52
90+including, but not limited to, violations under chapters 796 and 53
91+847, without regard to the disposition of the arrest or of any 54
92+charges. However, this section does not apply to any offense 55
93+listed in s. 775.084(1)(b)1. Determination of the petition und er 56
94+this section should be by a preponderance of the evidence. A 57
95+conviction expunged under this section is deemed to have been 58
96+vacated due to a substantive defect in the underlying criminal 59
97+proceedings. If a person is adjudicated not guilty by reason of 60
98+insanity or is found to be incompetent to stand trial for any 61
99+such charge, the expunction of the criminal history record may 62
100+not prevent the entry of the judgment or finding in state and 63
101+national databases for use in determining eligibility to 64
102+purchase or possess a firearm or to carry a concealed firearm, 65
103+as authorized in s. 790.065(2)(a)4.c. and 18 U.S.C. s. 922(t), 66
104+nor shall it prevent any governmental agency that is authorized 67
105+by state or federal law to determine eligibility to purchase or 68
106+possess a firearm or to carry a concealed firearm from accessing 69
107+or using the record of the judgment or finding in the course of 70
108+such agency's official duties. 71
109+ (6) Each petition to a court to expunge a criminal history 72
110+record is complete only when accompanied by: 73
111+ (a) The petitioner's sworn statement attesting that the 74
112+petitioner is eligible for such an expunction to the best of his 75
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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
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125+or her knowledge or belief. 76
126+ (b) Official documentation of the petitioner's status as a 77
127+victim of human trafficking, if any exists. 78
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129+Any person who knowingly provides false information on such 80
130+sworn statement to the court commits a felony of the second 81
131+third degree, punishable as provided in s. 775.082, s. 775.083, 82
132+or s. 775.084. 83
133+ Section 2. The Legislature finds that it is a public 84
134+necessity that a petition filed under s. 943.0583, Florida 85
135+Statutes, and all pleadings and documents related to the 86
136+petition be made confidential and exempt from s. 119.07(1), 87
137+Florida Statutes, and s. 24(a), Article I of the State 88
138+Constitution. Persons who are v ictims of human trafficking and 89
139+who have been arrested for offenses committed, or reported to 90
140+have been committed, as a result of being trafficked are 91
141+themselves victims of crimes. These victims face barriers to 92
142+employment and loss of other life opportunit ies, and the fact 93
143+that the victims are seeking expungement, as well as the 94
144+information contained in related pleadings and documents, would 95
145+expose these victims to possible discrimination due to details 96
146+of their past lives becoming public knowledge. Therefo re, it is 97
147+necessary that these petitions, pleadings, and related documents 98
148+be made confidential in order for human trafficking victims to 99
149+have the chance to rebuild their lives and reenter society. 100
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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
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162+ Section 3. This act shall take effect October 1, 2023. 101