THE BILL ITSELF
HB 747
Pub. Rec./Sealing of Criminal History Records
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A bill to be entitled
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An act relating to public records; reenacting and
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amending s. 943.059, F.S.; expanding an existing
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public records exemption to include sealed criminal
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history records of persons adjudicated guilty of
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certain nonviolent misdemeanor offenses; providing for
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future review and repeal of the expanded exemption;
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providing for reversion of specified language if the
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exemption is not saved from repeal; providing a
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statement of public necessity; providing a contingent
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effective date.
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Be It Enacted by the Legislature of the State of Florida: Section 1. Paragraphs (a) and (d) of subsection (6) of
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section 943.059, Florida Statutes, are reenacted, and a new
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paragraph (e) is added to that subsection, to read:
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943.059 Court-ordered sealing of criminal history
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records.—
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(6) EFFECT OF ORDER.—
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(a) A criminal history record of a minor or an adult which
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is ordered sealed by a court pursuant to this section is
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confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
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of the State Constitution and is available only to the following
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persons:
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1. The subject of the record;
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2. The subject's attorney;
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3. Criminal justice agencies for their respective criminal
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justice purposes, which include conducting a criminal history
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background check for approval of firearms purchases or transfers
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as authorized by state or federal law;
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4. Judges in the state courts system for the purpose of
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assisting them in their case-related decisionmaking
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responsibilities, as set forth in s. 943.053(5); or
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5. To those entities set forth in subparagraphs (b)1., 4.-
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6., and 8.-10. for their respective licensing access
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authorization and employment purposes.
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(d) Information relating to the existence of a sealed
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criminal history record provided in accordance with paragraph
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(b) is confidential and exempt from s. 119.07(1) and s. 24(a),
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Art. I of the State Constitution, except that the department
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shall disclose the sealed criminal history record to the
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entities set forth in subparagraphs (b)1., 4.-6., and 8.-10. for
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their respective licensing, access authorization, and employment
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purposes. An employee of an entity set forth in subparagraph
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(b)1., subparagraph (b)4., subparagraph (b)5., subparagraph
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(b)6., subparagraph (b)8., subparagraph (b)9., or subparagraph
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(b)10. may not disclose information relating to the existence of
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a sealed criminal history record of a person seeking employment,
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access authorization, or licensure with such entity or
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contractor, except to the person to whom the criminal history
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record relates or to persons having direct responsibility for
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employment, access authorization, or licensure decisions. A
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person who violates this paragraph commits a misdemeanor of the
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first degree, punishable as provided in s. 775.082 or s.
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775.083.
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(e) The expansion of the public records exemption under
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this subsection to include criminal history records described in
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subparagraph (1)(b)2. is subject to the Open Government Sunset
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Review Act in accordance with s. 119.15 and shall stand repealed
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on October 2, 2031, unless reviewed and saved from repeal
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through reenactment by the Legislature. If the expansion of the
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exemption is not saved from repeal, this subsection shall revert
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to that in existence on June 30, 2026, except that any
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amendments to such text enacted other than by this act shall be
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preserved and continue to operate to the extent that such
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amendments are not dependent upon the portions of text which
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expire pursuant to this paragraph.
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Section 2. The Legislature finds that it is a public
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necessity that a criminal history record described in s.
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943.059(1)(b)2. which is sealed be made confidential and exempt
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from s. 119.07(1) and s. 24(a), Art. I of the State
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Constitution, and only be made available in accordance with the
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provisions of s. 943.059(6). If a sealed criminal history record
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remains accessible to potential employers, landlords, and other
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members of the public, the person who obtained the sealing of
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the record faces barriers to obtaining work, housing, or other
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resources necessary to be a productive member of society.
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Increasing opportunities for persons to seal a criminal history
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record promotes economic stability, reduces crime and
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recidivism, and makes communities safer. For these reasons, the
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Legislature finds that it is a public necessity that the
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criminal history record of persons adjudicated guilty of certain
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nonviolent misdemeanor offenses be confidential and exempt from
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public records requirements.
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Section 3. This act shall take effect on the same date
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that HB 745 or similar legislation takes effect, if such
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legislation is adopted in the same legislative session or an
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extension thereof and becomes law.