Florida Senate - 2021 SB By Senator Bracy 11-00307-21 2021470__ CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled

An act relating to public records; amending s. 2 943.0586, F.S.; providing an exemption from public records requirements for specified expunged criminal history records; providing for future legislative review and repeal of the exemption; providing a statement of public necessity; providing a contingent effective date. 8

Be It Enacted by the Legislature of the State of Florida: 10

Section 1. Subsection (9) is added to

section 943.0586, 12 Florida Statutes, as created by SB ____ or similar legislation, 13 Regular Session, to read: 14 943.0586 Expunction of qualifying cannabis offenses.— 15

(9) A criminal history record ordered expunged under this

section which is retained by the department is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. This

section is subject to the Open Government Sunset Review Act in accordance with s. 119.15 and shall stand repealed on October 2, 2025, unless reviewed and saved from repeal through reenactment by the Legislature. 22

Section 2. The Legislature finds that it is a public necessity that individuals who petition a court and are granted expunction of certain low-level and nonviolent criminal history records have such criminal history records made confidential and exempt from s. 119.07(1), Florida Statutes, and s. 24(a), 27

Article I of the State Constitution. The Legislature recognizes the disproportionate harm that criminalizing the purchase or Florida Senate - 2021 SB 470 11-00307-21 2021470__ CODING: Words stricken are deletions; words underlined are additions. possession of small amounts of cannabis has had on minorities and disadvantaged communities. The Legislature further recognizes the trends in this state, and nationally, of counties and localities decriminalizing the purchase or possession of small amounts of cannabis.

Without this public records exemption, individuals with such low-level and nonviolent criminal history records who are granted expunction of such records might not be able to seek gainful employment and become productive, contributing members of this state. For these reasons, the Legislature finds that it is a public necessity that such records be made confidential and exempt. 40

Section 3. This act shall take effect on the same date that SB ___ or similar legislation takes effect, if such legislation is adopted in the same legislative session or an extension thereof and becomes a law. 44