The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Rules
BILL: SB 7012
INTRODUCER: Criminal Justice Committee
SUBJECT: OGSR/Criminal History Information of Juveniles
DATE: March 23, 2021 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
Stokes Jones CJ Submitted as Committee Bill
1. McVaney McVaney GO Favorable
2. Stokes Phelps RC Favorable
I. Summary:
SB 7012 amends ss. 943.053 and 985.04, F.S., to save from repeal the current exemptions from
public records disclosure for certain criminal history information of juveniles.
The original public necessity statement for the bill states that it is in the best interest of the public
that individuals with juvenile misdemeanor records be given the opportunity to become
contributing members of society. Therefore, prohibiting the unfettered release of juvenile
misdemeanor records and certain criminal history information relating to a juvenile compiled by
the Criminal Justice Information Program is of greater importance than any public benefit that
may be derived from the full disclosure and release of such arrest records and information.
Sections 943.053 and 985.04, F.S., relating to criminal history information of juveniles, are
subject to the Open Government Sunset Review Act and stands repealed on October 2, 2021,
unless reviewed and saved from the repeal through reenactment by the Legislature. This bill
removes this repeal language.
This bill does not appear to have a fiscal impact on state or local governments.
This bill is effective October 1, 2021.
II. Present Situation:
Access to Public Records - Generally
The Florida Constitution provides that the public has the right to inspect or copy records made or
received in connection with official governmental business.1 The right to inspect or copy applies
1
FLA. CONST. art. I, s. 24(a).
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to the official business of any public body, officer, or employee of the state, including all three
branches of state government, local governmental entities, and any person acting on behalf of the
government.2
Additional requirements and exemptions related to public records are found in various statutes
and rules, depending on the branch of government involved. For instance, s. 11.0431, F.S.,
provides public access requirements for legislative records. Relevant exemptions are codified in
s. 11.0431(2)-(3), F.S., and the statutory provisions are adopted in the rules of each house of the
legislature.3 Florida Rule of Judicial Administration 2.420 governs public access to judicial
branch records.4 Lastly, ch. 119, F.S., provides requirements for public records held by executive
agencies.
Executive Agency Records – The Public Records Act
Chapter 119, F.S., known as the Public Records Act, provides that all state, county, and
municipal records are open for personal inspection and copying by any person, and that
providing access to public records is a duty of each agency.5
A public record includes virtually any document or recording, regardless of its physical form or
how it may be transmitted.6 The Florida Supreme Court has interpreted the statutory definition of
“public record” to include “material prepared in connection with official agency business which
is intended to perpetuate, communicate, or formalize knowledge of some type.”7
The Florida Statutes specify conditions under which public access to public records must be
provided. The Public Records Act guarantees every person’s right to inspect and copy any public
record at any reasonable time, under reasonable conditions, and under supervision by the
custodian of the public record.8 A violation of the Public Records Act may result in civil or
criminal liability.9
The Legislature may exempt public records from public access requirements by passing a
general law by a two-thirds vote of both the House and the Senate.10 The exemption must state
2
Id.
3
See Rule 1.48, Rules and Manual of the Florida Senate, (2020-2022) and Rule 14.1, Rules of the Florida House of
Representatives, Edition 1, (2020-2022).
4
State v. Wooten, 260 So. 3d 1060 (Fla. 4th DCA 2018).
5
Section 119.01(1), F.S. Section 119.011(2), F.S., defines “agency” as “any state, county, district, authority, or municipal
officer, department, division, board, bureau, commission, or other separate unit of government created or established by law
including, for the purposes of this chapter, the Commission on Ethics, the Public Service Commission, and the Office of
Public Counsel, and any other public or private agency, person, partnership, corporation, or business entity acting on behalf
of any public agency.”
6
Section 119.011(12), F.S., defines “public record” to mean “all documents, papers, letters, maps, books, tapes, photographs,
films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means
of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business by
any agency.”
7
Shevin v. Byron, Harless, Schaffer, Reid and Assoc., Inc., 379 So. 2d 633, 640 (Fla. 1980).
8
Section 119.07(1)(a), F.S.
9
Section 119.10, F.S. Public records laws are found throughout the Florida Statutes, as are the penalties for violating those
laws.
10
FLA. CONST. art. I, s. 24(c).
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with specificity the public necessity justifying the exemption and must be no broader than
necessary to accomplish the stated purpose of the exemption.11
General exemptions from the public records requirements are contained in the Public Records
Act.12 Specific exemptions often are placed in the substantive statutes relating to a particular
agency or program.13
When creating a public records exemption, the Legislature may provide that a record is “exempt”
or “confidential and exempt.” Custodians of records designated as “exempt” are not prohibited
from disclosing the record; rather, the exemption means that the custodian cannot be compelled
to disclose the record.14 Custodians of records designated as “confidential and exempt” may not
disclose the record except under circumstances specifically defined by the Legislature.15
Open Government Sunset Review Act
The Open Government Sunset Review Act16 (the Act) prescribes a legislative review process for
newly created or substantially amended17 public records or open meetings exemptions, with
specified exceptions.18 It requires the automatic repeal of such exemption on October 2nd of the
fifth year after creation or substantial amendment, unless the Legislature reenacts the
exemption.19
The Act provides that a public records or open meetings exemption may be created or
maintained only if it serves an identifiable public purpose and is no broader than is necessary.20
An exemption serves an identifiable purpose if it meets one of the following purposes and the
Legislature finds that the purpose of the exemption outweighs open government policy and
cannot be accomplished without the exemption:
 It allows the state or its political subdivisions to effectively and efficiently administer a
governmental program, and administration would be significantly impaired without the
exemption;21
11
Id. See, e.g., Halifax Hosp. Medical Center v. News-Journal Corp., 724 So. 2d 567 (Fla. 1999) (holding that a public
meetings exemption was unconstitutional because the statement of public necessity did not define important terms and did
not justify the breadth of the exemption); Baker County Press, Inc. v. Baker County Medical Services, Inc., 870 So. 2d 189
(Fla. 1st DCA 2004) (holding that a statutory provision written to bring another party within an existing public records
exemption is unconstitutional without a public necessity statement).
12
See, e.g., s. 119.071(1)(a), F.S. (exempting from public disclosure examination questions and answer sheets of
examinations administered by a governmental agency for the purpose of licensure).
13
See, e.g., s. 213.053(2)(a), F.S. (exempting from public disclosure information contained in tax returns received by the
Department of Revenue).
14
See Williams v. City of Minneola, 575 So. 2d 683, 687 (Fla. 5th DCA 1991).
15
WFTV, Inc. v. The School Board of Seminole, 874 So. 2d 48 (Fla. 5th DCA 2004).
16
Section 119.15, F.S.
17
An exemption is considered to be substantially amended if it is expanded to include more records or information or to
include meetings as well as records. Section 119.15(4)(b), F.S.
18
Section 119.15(2)(a) and (b), F.S., provide that exemptions that are required by federal law or are applicable solely to the
Legislature or the State Court System are not subject to the Open Government Sunset Review Act.
19
Section 119.15(3), F.S.
20
Section 119.15(6)(b), F.S.
21
Section 119.15(6)(b)1., F.S.
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 It protects sensitive, personal information, the release of which would be defamatory, cause
unwarranted damage to the good name or reputation of the individual, or would jeopardize
the individual’s safety. If this public purpose is cited as the basis of an exemption, however,
only personal identifying information is exempt;22 or
 It protects information of a confidential nature concerning entities, such as trade or business
secrets.23
The Act also requires specified questions to be considered during the review process.24 In
examining an exemption, the Act directs the Legislature to carefully question the purpose and
necessity of reenacting the exemption.
If the exemption is continued and expanded, then a public necessity statement and a two-thirds
vote for passage are required.25 If the exemption is continued without substantive changes or if
the exemption is continued and narrowed, then a public necessity statement and a two-thirds vote
for passage are not required. If the Legislature allows an exemption to sunset, the previously
exempt records will remain exempt unless provided for by law.26
The Criminal Justice Information Program
The Criminal Justice Information Program (CJIP) is a program established under the Florida
Department of Law Enforcement (FDLE).27 The CJIP must:
 Establish and maintain a communication system capable of transmitting criminal justice
information to and between criminal justice agencies.
 Establish, implement, and maintain a statewide automated biometric identification system.
 Initiate a crime information system that is responsible for preparing and disseminating
reports, providing data, and developing and maintaining an offender based transaction
system.
 Adopt rules to implement, administer, manage, maintain, and use the automated biometric
system and uniform offense reports and arrest reports.
 Establish, implement, and maintain a Domestic and Repeat Violence Injunction Statewide
Verification System capable of electronically transmitting information to and between
criminal justice agencies.
 Establish, implement, and maintain a system for transmitting to and between criminal justice
agencies information about writs of bodily attachment issues.
22
Section 119.15(6)(b)2., F.S.
23
Section 119.15(6)(b)3., F.S.
24
Section 119.15(6)(a), F.S. The specified questions are:
 What specific records or meetings are affected by the exemption?
 Whom does the exemption uniquely affect, as opposed to the general public?
 What is the identifiable public purpose or goal of the exemption?
 Can the information contained in the records or discussed in the meeting be readily obtained by alternative means?
If so, how?
 Is the record or meeting protected by another exemption?
 Are there multiple exemptions for the same type of record or meeting that it would be appropriate to merge?
25
See generally s. 119.15, F.S.
26
Section 119.15(7), F.S.
27
Sections 20.201(2)(b) and 943.05, F.S.
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 In certain circumstances, retain fingerprints submitted by criminal and noncriminal justice
agencies to the department for a criminal history background screening as provided by rule
and enter the fingerprints in the statewide automated biometric identification system.28
Public Records Exemption for Criminal History Information Relating to a Juvenile
In 2016, the Legislature amended ss. 943.053, and 985.04, F.S., to make the same criminal
history information of juveniles confidential and exempt from s. 119.07(1), F.S., and s. 24(a),
Art. I of the State Constitution.29 Section 943.053(3)(b), F.S., provides that criminal history
information relating to juveniles compiled by the CJIP is confidential and exempt, except when
the juvenile has been taken into custody for, charged with, or found guilty of, a felony offense, or
the juvenile has been transferred to adult court.
Section 943.053(3)(c), F.S., provides that criminal history information relating to juveniles, even
if confidential and exempt, must be available to:
 Criminal justice agencies for criminal justice purposes;
 The person to whom the record relates, or his or her attorney;
 The parent, guardian, or legal custodian of the person to whom the record relates provided
that such a person has not reached the age of majority, been emancipated by a court, or been
legally married; or
 An agency or entity specified in ss. 943.0585(6)30 or 943.059(6), F.S.31
Except as otherwise provided, all information obtained under ch. 985, F.S., relating to juveniles,
is confidential and exempt.32 Section 985.04(2), F.S., provides that the name, photograph,
address, and crime or arrest report of a juvenile is not confidential and exempt when the juvenile
has been taken into custody for, charged with, or found guilty of, a felony offense, or the juvenile
has been transferred to adult court. Prior to the amendment in 2016, the statute’s language did
not protect, or make confidential and exempt, the records of a juvenile who had committed three
28
Section 943.05, F.S.
29
Section 943.053(3)(b), F.S.; Chapter 2016-78, L.O.F.
30
Section 943.0585(6), F.S., provides that a person may not deny or fail to acknowledge an arrest that has been expunged if
he or she is: a candidate for employment with a criminal justice agency; a defendant in a criminal prosecution; currently or
subsequently petitions for relief under this section, s. 943.0583, F.S., or s. 943.059, F.S.; is a candidate for admission to the
Florida Bar; is seeking to be employed or licensed by or to contract with specified agencies or entities; is seeking to be
licensed by the Division of Insurance Agent and Agency Services within the Department of Financial Services; or is seeking
to be appointed as a guardian pursuant to s. 744.3125, F.S.
31
Section 943.059(6), F.S., provides that a criminal history record of a minor or adult which is sealed by a court is
confidential and exempt and is only available to the following: the subject of the record; the subjects attorney; criminal
justice agencies; judges in the state courts system; specified agencies for their respective licensing access authorization and
employment purposes. Additionally, a person may not deny or fail to acknowledge an arrest that has been expunged if he or
she is: a candidate for employment with a criminal justice agency; a defendant in a criminal prosecution; currently or
subsequently petitions for relief under this section, s. 943.0583, F.S., or s. 943.059, F.S.; is a candidate for admission to the
Florida Bar; is seeking to be employed or licensed by or to contract with specified agencies or entities; is attempting to
purchase a firearm from a licensed importer, licensed manufacturer, or licensed dealer and is subject to a criminal history
check; is seeking to be licensed by the Division of Insurance Agent and Agency Services within the Department of Financial
Services; or is seeking to be appointed as a guardian pursuant to s. 744.3125, F.S; or is seeking to be licensed by the Bureau
of License Issuance of the Division of Licensing within the Department of Agriculture and Consumer Services to carry a
concealed weapon or concealed firearm.
32
Section 985.04(1), F.S.
BILL: SB 7012