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
HB 1261 2022
1 A bill to be entitled
2 An act relating to public records; amending s. 985.04,
3 F.S.; providing that specified information concerning
4 children under a certain age is confidential and
5 exempt from s. 119.07(1), F.S., solely because of the
6 child's age; providing for future legislative review
7 and repeal; providing for the reversion of statutory
8 text of certain provisions if the exemption is not
9 saved from repeal; providing a statement of public
10 necessity; providing a contingent effective date.
11
12 Be It Enacted by the Legislature of the State of Florida:
13
14 Section 1. Paragraph (a) of subsection (2) of section
15 985.04, Florida Statutes, is amended to read:
16 985.04 Oaths; records; confidential information.—
17 (2)(a) Notwithstanding any other provisions of this
18 chapter, the name, photograph, address, and crime or arrest
19 report of a child 15 years of age or older at the time of the
20 alleged offense:
21 1. Taken into custody by a law enforcement officer for a
22 violation of law which, if committed by an adult, would be a
23 felony;
24 2. Charged with a violation of law which, if committed by
25 an adult, would be a felony;
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26 3. Found to have committed an offense which, if committed
27 by an adult, would be a felony; or
28 4. Transferred to adult court pursuant to part X of this
29 chapter,
30
31 are not considered confidential and exempt from s. 119.07(1)
32 solely because of the child's age. The expansion of the public
33 records exemption under this paragraph to exclude information
34 for children under 15 years of age is subject to the Open
35 Government Sunset Review Act in accordance with s. 119.15 and
36 shall stand repealed on October 2, 2027, unless reviewed and
37 saved from repeal through reenactment by the Legislature. If th e
38 expansion of the exemption is not saved from repeal, this
39 section shall revert to that in existence on June 30, 2022,
40 except that any other amendments made to this section, other
41 than by this act, are preserved and continue to operate to the
42 extent that such amendments are not dependent upon the portions
43 of text that expire under this subsection.
44 Section 2. The Legislature finds that it is a public
45 necessity that the names, photographs, addresses, and crime or
46 arrest reports of juveniles under 15 years of age under ss.
47 985.04 and 943.053, Florida Statutes be made confidential and
48 exempt from s. 119.07(1), Florida Statutes, and s. 24(a),
49 Article I of the State Constitution. The presence of an arrest
50 or a criminal record in an individual's juvenile past and
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51 certain criminal history information relating to a juvenile
52 creates an unnecessary barrier to becoming a productive member
53 of society, thus frustrating the rehabilitative purpose of the
54 juvenile system. The Legislature therefore finds that it is in
55 the best interest of the public that individuals with juvenile
56 records are given the opportunity to become contributing members
57 of society. Therefore, prohibiting the unfettered release of
58 information concerning juveniles under 15 years of age is of
59 greater importance than any public benefit that may be derived
60 from the full disclosure and release of such arrest records and
61 information.
62 Section 3. This act shall take effect on the same date
63 that HB 1259 or similar legislation takes effect, if such
64 legislation is adopted in the same legislative session or an
65 extension thereof and becomes a law.
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Statutes affected:
H 1261 Filed: 985.04