Bill Text: FL S0598 | 2018 | Regular Session | Introduced
Bill Title: Public Records/Juvenile Offenders
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2018-03-10 - Died in Criminal Justice [S0598 Detail]
Download: Florida-2018-S0598-Introduced.html
Florida Senate - 2018 SB 598 By Senator Thurston 33-00858-18 2018598__ 1 A bill to be entitled 2 An act relating to public records; amending s. 3 943.0515, F.S.; specifying that certain information 4 retained by the Criminal Justice Information Program 5 relating to juvenile offenders is exempt from public 6 records requirements; providing for future legislative 7 review and repeal of the exemption; amending s. 8 943.053, F.S.; deleting exceptions from an exemption 9 from public records requirements for certain 10 information relating to juvenile offenders; delaying 11 future legislative review and repeal of the exemption; 12 conforming a provision to changes made by the act; 13 providing a statement of public necessity; reenacting 14 ss. 943.046(1), 943.0543(5), 943.05(2)(h), 943.056(1), 15 985.04(1)(a) and (6)(a), 985.045(2), and 985.11(1)(b), 16 F.S., relating to notification of criminal offender 17 information, ratification and implementation of the 18 National Crime Prevention and Privacy Compact, the 19 Criminal Justice Information Program, criminal history 20 records, confidential information and treatment of 21 records, court records, and fingerprinting and 22 photographing, respectively, to incorporate the 23 amendment made to s. 943.053, F.S., in references 24 thereto; providing an effective date. 25 26 Be It Enacted by the Legislature of the State of Florida: 27 28 Section 1. Subsection (1) of section 943.0515, Florida 29 Statutes, is amended to read: 30 943.0515 Retention of criminal history records of minors.— 31 (1)(a)1. The Criminal Justice Information Program shall 32 retain the criminal history record of a minor who is classified 33 as a serious or habitual juvenile offender or committed to a 34 juvenile correctional facility or juvenile prison under chapter 35 985 for 5 years after the date the offender reaches 21 years of 36 age, at which time the record shall be expunged unless it meets 37 the criteria of paragraph (2)(a) or paragraph (2)(b). 38 2. Such information held by the program is confidential and 39 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 40 Constitution. This subparagraph is subject to the Open 41 Government Sunset Review Act in accordance with s. 119.15 and 42 shall stand repealed on October 2, 2023, unless reviewed and 43 saved from repeal through reenactment by the Legislature. 44 (b)1. If the minor is not classified as a serious or 45 habitual juvenile offender or committed to a juvenile 46 correctional facility or juvenile prison under chapter 985, the 47 program shall retain the minor’s criminal history record for 2 48 years after the date the minor reaches 19 years of age, at which 49 time the record shall be expunged unless it meets the criteria 50 of paragraph (2)(a) or paragraph (2)(b). 51 2. A minor described in subparagraph 1. may apply to the 52 department to have his or her criminal history record expunged 53 before the minor reaches 21 years of age. To be eligible for 54 expunction under this subparagraph, the minor must be 18 years 55 of age or older and less than 21 years of age and have not been 56 charged by the state attorney with or found to have committed 57 any criminal offense within the 5-year period before the 58 application date. The only offenses eligible to be expunged 59 under this subparagraph are those that the minor committed 60 before the minor reached 18 years of age. A criminal history 61 record expunged under this subparagraph requires the approval of 62 the state attorney for each circuit in which an offense 63 specified in the criminal history record occurred. A minor 64 seeking to expunge a criminal history record under this 65 subparagraph shall apply to the department for expunction in the 66 manner prescribed by rule. An application for expunction under 67 this subparagraph shall include: 68 a. A processing fee of $75 to the department for placement 69 in the Department of Law Enforcement Operating Trust Fund, 70 unless such fee is waived by the executive director. 71 b. A full set of fingerprints of the applicant taken by a 72 law enforcement agency for purposes of identity verification. 73 c. A sworn, written statement from the minor seeking relief 74 that he or she is no longer under court supervision applicable 75 to the disposition of the arrest or alleged criminal activity to 76 which the application to expunge pertains and that he or she has 77 not been charged with or found to have committed a criminal 78 offense, in any jurisdiction of the state or within the United 79 States, within the 5-year period before the application date. A 80 person who knowingly provides false information on the sworn 81 statement required by this sub-subparagraph commits a 82 misdemeanor of the first degree, punishable as provided in s. 83 775.082 or s. 775.083. 84 3. A minor who applies, but who is not approved for early 85 expunction in accordance with subparagraph 2., shall have his or 86 her criminal history record expunged at age 21 if eligible under 87 subparagraph 1. 88 Section 2. Paragraphs (b) and (c) of subsection (3) of 89 section 943.053, Florida Statutes, are amended to read: 90 943.053 Dissemination of criminal justice information; 91 fees.— 92 (3) 93 (b)1. Criminal history information relating to a juvenile 94 compiled by the Criminal Justice Information Program from 95 intrastate sources shall be released as provided in this 96 section. Such information is confidential and exempt from s. 97 119.07(1) and s. 24(a), Art. I of the State Constitution, unless 98 such juvenile has been:99a. Taken into custody by a law enforcement officer for a100violation of law which, if committed by an adult, would be a101felony;102b. Charged with a violation of law which, if committed by103an adult, would be a felony;104c. Found to have committed an offense which, if committed105by an adult, would be a felony; or106d.transferred to adult court pursuant to part X of chapter 107 985, and his or herprovided thecriminal history record has not 108 been expunged or sealed under any law applicable to such record. 109 2. This paragraph is subject to the Open Government Sunset 110 Review Act in accordance with s. 119.15 and shall stand repealed 111 on October 2, 20232021, unless reviewed and saved from repeal 112 through reenactment by the Legislature. 113 (c)1. Criminal history information relating to juveniles, 114 including criminal history information consisting in whole or in 115 part of information that is confidential and exempt under 116 paragraph (b), shall be available to: 117 a. A criminal justice agency for criminal justice purposes 118 on a priority basis and free of charge; 119 b. The person to whom the record relates, or his or her 120 attorney; 121 c. The parent, guardian, or legal custodian of the person 122 to whom the record relates, provided such person has not reached 123 the age of majority, been emancipated by a court, or been 124 legally married; or 125 d. An agency or entity specified in s. 943.0585(4) or s. 126 943.059(4), for the purposes specified therein, and to any 127 person within such agency or entity who has direct 128 responsibility for employment, access authorization, or 129 licensure decisions. 130 2. After providing the program with all known personal 131 identifying information, the criminal history information 132 relating to a juvenile which is not confidential and exempt 133 under this subsection may be released to the private sector and 134 noncriminal justice agencies not specified in s. 943.0585(4) or 135 s. 943.059(4) in the same manner as provided in paragraph (a). 136 Criminal history information relating to a juvenile which is not 137 confidential and exempt under this subsection is the entire 138 criminal history information relating to a juvenile who has been 139 transferred to adult court pursuant to part X of chapter 985 140satisfies any of the criteria listed in sub-subparagraphs141(b)1.a.-d., except for any portion of such juvenile’s criminal 142 history record which has been expunged or sealed under any law 143 applicable to such record. 144 3. All criminal history information relating to juveniles, 145 other than that provided to criminal justice agencies for 146 criminal justice purposes, shall be provided upon tender of fees 147 as established in this subsection and in the manner prescribed 148 by rule of the Department of Law Enforcement. 149 Section 3. The Legislature finds that it is a public 150 necessity that the criminal history information of juveniles be 151 made confidential and exempt from s. 119.07(1), Florida 152 Statutes, and s. 24(a), Article I of the State Constitution 153 under ss. 943.0515 and 943.053, Florida Statutes. Many 154 individuals who have either completed their sanctions and 155 received treatment or who were never charged in the juvenile 156 justice system have found it difficult to obtain employment. The 157 presence of an arrest or a criminal history record in these 158 individuals’ juvenile past and certain criminal history 159 information relating to a juvenile compiled by the Criminal 160 Justice Information Program creates an unnecessary barrier to 161 becoming productive members of society, thus frustrating the 162 rehabilitative purpose of the juvenile justice system. The 163 Legislature therefore finds that it is in the best interest of 164 the public that individuals with juvenile criminal history 165 records are given the opportunity to become contributing members 166 of society. Therefore, prohibiting the unfettered release of 167 juvenile criminal history records and certain criminal history 168 information relating to a juvenile compiled by the Criminal 169 Justice Information Program is of greater importance than any 170 public benefit that may be derived from the full disclosure and 171 release of such arrest records and information. 172 Section 4. For the purpose of incorporating the amendment 173 made by this act to section 943.053, Florida Statutes, in a 174 reference thereto, subsection (1) of section 943.046, Florida 175 Statutes, is reenacted to read: 176 943.046 Notification of criminal offender information.— 177 (1) Any state or local law enforcement agency may release 178 to the public any criminal history information and other 179 information regarding a criminal offender, including, but not 180 limited to, public notification by the agency of the 181 information, unless the information is confidential and exempt 182 from s. 119.07(1) and s. 24(a), Art. I of the State 183 Constitution. However, this section does not contravene any 184 provision of s. 943.053 which relates to the method by which an 185 agency or individual may obtain a copy of an offender’s criminal 186 history record. 187 Section 5. For the purpose of incorporating the amendment 188 made by this act to section 943.053, Florida Statutes, in a 189 reference thereto, subsection (5) of section 943.0543, Florida 190 Statutes, is reenacted to read: 191 943.0543 National Crime Prevention and Privacy Compact; 192 ratification and implementation.— 193 (5) This compact and this section do not affect or abridge 194 the obligations and responsibilities of the department under 195 other provisions of this chapter, including s. 943.053, and do 196 not alter or amend the manner, direct or otherwise, in which the 197 public is afforded access to criminal history records under 198 state law. 199 Section 6. For the purpose of incorporating the amendment 200 made by this act to section 943.053, Florida Statutes, in a 201 reference thereto, paragraph (h) of subsection (2) of section 202 943.05, Florida Statutes, is reenacted to read: 203 943.05 Criminal Justice Information Program; duties; crime 204 reports.— 205 (2) The program shall: 206 (h) For each agency or qualified entity that officially 207 requests retention of fingerprints or for which retention is 208 otherwise required by law, search all arrest fingerprint 209 submissions received under s. 943.051 against the fingerprints 210 retained in the statewide automated biometric identification 211 system under paragraph (g). 212 1. Any arrest record that is identified with the retained 213 fingerprints of a person subject to background screening as 214 provided in paragraph (g) shall be reported to the appropriate 215 agency or qualified entity. 216 2. To participate in this search process, agencies or 217 qualified entities must notify each person fingerprinted that 218 his or her fingerprints will be retained, pay an annual fee to 219 the department unless otherwise provided by law, and inform the 220 department of any change in the affiliation, employment, or 221 contractual status of each person whose fingerprints are 222 retained under paragraph (g) if such change removes or 223 eliminates the agency or qualified entity’s basis or need for 224 receiving reports of any arrest of that person, so that the 225 agency or qualified entity is not obligated to pay the upcoming 226 annual fee for the retention and searching of that person’s 227 fingerprints to the department. The department shall adopt a 228 rule setting the amount of the annual fee to be imposed upon 229 each participating agency or qualified entity for performing 230 these searches and establishing the procedures for the retention 231 of fingerprints and the dissemination of search results. The fee 232 may be borne by the agency, qualified entity, or person subject 233 to fingerprint retention or as otherwise provided by law. 234 Consistent with the recognition of criminal justice agencies 235 expressed in s. 943.053(3), these services shall be provided to 236 criminal justice agencies for criminal justice purposes free of 237 charge. Qualified entities that elect to participate in the 238 fingerprint retention and search process are required to timely 239 remit the fee to the department by a payment mechanism approved 240 by the department. If requested by the qualified entity, and 241 with the approval of the department, such fees may be timely 242 remitted to the department by a qualified entity upon receipt of 243 an invoice for such fees from the department. Failure of a 244 qualified entity to pay the amount due on a timely basis or as 245 invoiced by the department may result in the refusal by the 246 department to permit the qualified entity to continue to 247 participate in the fingerprint retention and search process 248 until all fees due and owing are paid. 249 3. Agencies that participate in the fingerprint retention 250 and search process may adopt rules pursuant to ss. 120.536(1) 251 and 120.54 to require employers to keep the agency informed of 252 any change in the affiliation, employment, or contractual status 253 of each person whose fingerprints are retained under paragraph 254 (g) if such change removes or eliminates the agency’s basis or 255 need for receiving reports of any arrest of that person, so that 256 the agency is not obligated to pay the upcoming annual fee for 257 the retention and searching of that person’s fingerprints to the 258 department. 259 Section 7. For the purpose of incorporating the amendment 260 made by this act to section 943.053, Florida Statutes, in a 261 reference thereto, subsection (1) of section 943.056, Florida 262 Statutes, is reenacted to read: 263 943.056 Criminal history records; access, review, and 264 challenge.— 265 (1) For purposes of verification of the accuracy and 266 completeness of a criminal history record, the Department of Law 267 Enforcement shall provide, in the manner prescribed by rule, 268 such record for review upon verification, by fingerprints, of 269 the identity of the requesting person. If a minor, or the parent 270 or legal guardian of a minor, requests a copy of the minor’s 271 criminal history record, the Department of Law Enforcement shall 272 provide such copy, including any portions of the record which 273 may be confidential under s. 943.053(3)(b), for review upon 274 verification, by fingerprints, of the identity of the minor. The 275 providing of such record shall not require the payment of any 276 fees, except those provided for by federal regulations. 277 Section 8. For the purpose of incorporating the amendment 278 made by this act to section 943.053, Florida Statutes, in a 279 reference thereto, paragraph (a) of subsection (1) and paragraph 280 (a) of subsection (6) of section 985.04, Florida Statutes, are 281 reenacted to read: 282 985.04 Oaths; records; confidential information.— 283 (1)(a) Except as provided in subsections (2), (3), (6), and 284 (7) and s. 943.053, all information obtained under this chapter 285 in the discharge of official duty by any judge, any employee of 286 the court, any authorized agent of the department, the Florida 287 Commission on Offender Review, the Department of Corrections, 288 the juvenile justice circuit boards, any law enforcement agent, 289 or any licensed professional or licensed community agency 290 representative participating in the assessment or treatment of a 291 juvenile is confidential and exempt from s. 119.07(1) and s. 292 24(a), Art. I of the State Constitution. This exemption applies 293 to information obtained before, on, or after the effective date 294 of this exemption. 295 (6)(a) Records maintained by the department, including 296 copies of records maintained by the court, which pertain to a 297 child found to have committed a delinquent act which, if 298 committed by an adult, would be a crime specified in s. 435.04 299 may not be destroyed under this section for 25 years after the 300 youth’s final referral to the department, except in cases of the 301 death of the child. Such records, however, shall be sealed by 302 the court for use only in meeting the screening requirements for 303 personnel in s. 402.3055 and the other sections cited above, or 304 under departmental rule; however, current criminal history 305 information must be obtained from the Department of Law 306 Enforcement in accordance with s. 943.053. The information shall 307 be released to those persons specified in the above cited 308 sections for the purposes of complying with those sections. The 309 court may punish by contempt any person who releases or uses the 310 records for any unauthorized purpose. 311 Section 9. For the purpose of incorporating the amendment 312 made by this act to section 943.053, Florida Statutes, in a 313 reference thereto, subsection (2) of section 985.045, Florida 314 Statutes, is reenacted to read: 315 985.045 Court records.— 316 (2) The clerk shall keep all official records required by 317 this section separate from other records of the circuit court, 318 except those records pertaining to motor vehicle violations, 319 which shall be forwarded to the Department of Highway Safety and 320 Motor Vehicles. Except as provided in ss. 943.053 and 321 985.04(6)(b) and (7), official records required by this chapter 322 are not open to inspection by the public, but may be inspected 323 only upon order of the court by persons deemed by the court to 324 have a proper interest therein, except that a child and the 325 parents, guardians, or legal custodians of the child and their 326 attorneys, law enforcement agencies, the Department of Juvenile 327 Justice and its designees, the Florida Commission on Offender 328 Review, the Department of Corrections, and the Justice 329 Administrative Commission shall always have the right to inspect 330 and copy any official record pertaining to the child. Public 331 defender offices shall have access to official records of 332 juveniles on whose behalf they are expected to appear in 333 detention or other hearings before an appointment of 334 representation. The court may permit authorized representatives 335 of recognized organizations compiling statistics for proper 336 purposes to inspect, and make abstracts from, official records 337 under whatever conditions upon the use and disposition of such 338 records the court may deem proper and may punish by contempt 339 proceedings any violation of those conditions. 340 Section 10. For the purpose of incorporating the amendment 341 made by this act to section 943.053, Florida Statutes, in a 342 reference thereto, paragraph (b) of subsection (1) of section 343 985.11, Florida Statutes, is reenacted to read: 344 985.11 Fingerprinting and photographing.— 345 (1) 346 (b) Unless the child is issued a civil citation or is 347 participating in a similar diversion program pursuant to s. 348 985.12, a child who is charged with or found to have committed 349 one of the following offenses shall be fingerprinted, and the 350 fingerprints shall be submitted to the Department of Law 351 Enforcement as provided in s. 943.051(3)(b): 352 1. Assault, as defined in s. 784.011. 353 2. Battery, as defined in s. 784.03. 354 3. Carrying a concealed weapon, as defined in s. 790.01(1). 355 4. Unlawful use of destructive devices or bombs, as defined 356 in s. 790.1615(1). 357 5. Neglect of a child, as defined in s. 827.03(1)(e). 358 6. Assault on a law enforcement officer, a firefighter, or 359 other specified officers, as defined in s. 784.07(2)(a). 360 7. Open carrying of a weapon, as defined in s. 790.053. 361 8. Exposure of sexual organs, as defined in s. 800.03. 362 9. Unlawful possession of a firearm, as defined in s. 363 790.22(5). 364 10. Petit theft, as defined in s. 812.014. 365 11. Cruelty to animals, as defined in s. 828.12(1). 366 12. Arson, resulting in bodily harm to a firefighter, as 367 defined in s. 806.031(1). 368 13. Unlawful possession or discharge of a weapon or firearm 369 at a school-sponsored event or on school property as defined in 370 s. 790.115. 371 372 A law enforcement agency may fingerprint and photograph a child 373 taken into custody upon probable cause that such child has 374 committed any other violation of law, as the agency deems 375 appropriate. Such fingerprint records and photographs shall be 376 retained by the law enforcement agency in a separate file, and 377 these records and all copies thereof must be marked “Juvenile 378 Confidential.” These records are not available for public 379 disclosure and inspection under s. 119.07(1) except as provided 380 in ss. 943.053 and 985.04(2), but shall be available to other 381 law enforcement agencies, criminal justice agencies, state 382 attorneys, the courts, the child, the parents or legal 383 custodians of the child, their attorneys, and any other person 384 authorized by the court to have access to such records. In 385 addition, such records may be submitted to the Department of Law 386 Enforcement for inclusion in the state criminal history records 387 and used by criminal justice agencies for criminal justice 388 purposes. These records may, in the discretion of the court, be 389 open to inspection by anyone upon a showing of cause. The 390 fingerprint and photograph records shall be produced in the 391 court whenever directed by the court. Any photograph taken 392 pursuant to this section may be shown by a law enforcement 393 officer to any victim or witness of a crime for the purpose of 394 identifying the person who committed such crime. 395 Section 11. This act shall take effect July 1, 2018.