HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 525 Pub. Rec./Petitions for Human Trafficking Victim Expungement
SPONSOR(S): Toledo and others
TIED BILLS: HB 523 IDEN./SIM. BILLS:
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Criminal Justice & Public Safety Subcommittee 16 Y, 0 N Frost Hall
2) Government Operations Subcommittee 12 Y, 0 N Roth Smith
3) Judiciary Committee 19 Y, 0 N Frost Kramer
SUMMARY ANALYSIS
Human trafficking is modern day slavery which involves transporting, soliciting, recruiting, harboring, providing,
enticing, maintaining, or obtaining another person for the purpose of exploiting that person. Current law
provides a public record exemption for criminal intelligence and investigative information including:
Any information that reveals the identity of a person under the age of 18 who is the victim of human
trafficking for labor or services;
Any information that may reveal the identity of a person who is the victim of human trafficking for
commercial sexual activity; and
A photograph, videotape, or image of any part of the body of a victim of human trafficking involving
commercial sexual activity.
A human trafficking victim is also authorized to petition a court for the expunction of his or her criminal history
record resulting from an arrest or filing of charges for an offense committed or reported to have been
committed while he or she was a victim of human trafficking, with the exception of certain offenses. A petition
for such expunction must be initiated with due diligence after he or she is no longer a victim of human
trafficking or has sought human trafficking victim services. The petition to expunge must be accompanied by: a
sworn statement attesting that the petitioner is eligible for an expunction to the best of his or her knowledge
and does not have other petitions to expunge or seal pending before any court; and official documentation of
the petitioner’s status as a human trafficking victim, if any exists. When a record is expunged, it is destroyed
and any criminal intelligence and criminal investigative information that reveals or may reveal the human
trafficking victim’s identity is confidential and exempt from public records requirements.
While a human trafficking victim’s expunged criminal history record itself is destroyed, and the criminal
intelligence and investigative information relating to his or her arrest or charges received while being trafficked
is exempt from public records, current law does not exempt the information contained in the required petition
for expunction and accompanying information.
HB 525 provides that a petition filed under s. 943.0583(11), F.S., for expunction of a human trafficking victim’s
criminal history record and all related pleadings and documents are confidential and exempt from public
records.
The bill provides that the public record exemption is subject to the Open Government Sunset Review Act and
will repeal on October 2, 2026, unless the Legislature reviews and reenacts the exemption before that date.
The bill will become effective on the same date that HB 523 (2021) or similar legislation takes effect, if such
legislation is adopted in the same legislative session or an extension thereof and becomes law.
Article I, s. 24(c) of the Florida Constitution requires a two-thirds vote of the members present and
voting for final passage of a newly created or expanded public record or public meeting exemption.
The bill creates a public record exemption; thus, it requires a two-thirds vote for final passage.
This document does not reflect the intent or official position of the bill sponsor or House of Representatives .
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FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Public Records
Article I, s. 24(a) of the Florida Constitution sets forth the state’s public policy regarding access to
government records. The section guarantees every person a right to inspect or copy any public record
of the legislative, executive, and judicial branches of government. The Legislature, however, may
provide by general law for the exemption of records from the requirements of art. I, s. 24(a) of the
Florida Constitution.1 The general law must state with specificity the public necessity justifying the
exemption and must be no broader than necessary to accomplish its purpose.2
Public policy regarding access to government records is addressed further in s. 119.07(1)(a), F.S.,
which guarantees every person a right to inspect and copy any state, county, or municipal record,
unless the record is exempt.
Open Government Sunset Review Act
The Open Government Sunset Review Act (Act)3 provides that a public record or public meeting
exemption may be created or maintained only if it serves an identifiable public purpose and the
“Legislature finds that the purpose is sufficiently compelling to override the strong public policy of open
government and cannot be accomplished without the exemption.”4 In addition, the exemption may be
no broader than is necessary to meet one of the following purposes:5
Allow the state or its political subdivisions to effectively and efficiently administer a
governmental program, which administration would be significantly impaired without the
exemption;
Protect sensitive personal information that, if released, would be defamatory or would
jeopardize an individual’s safety; however, only the identity of an individual may be exempted
under this provision; or
Protect trade or business secrets.
The Act also requires the automatic repeal of a public record exemption on October 2nd of the fifth year
after its creation or substantial amendment, unless the Legislature reenacts the exemption. Public
record exemptions apply prospectively,6 unless the Legislature provides clear intent that the exemption
apply retroactively.7
Human Trafficking
Human trafficking is modern day slavery which involves the transporting, soliciting, recruiting,
harboring, providing, enticing, maintaining, or obtaining another person for the purpose of exploiting
that person.8 A person may not knowingly, or in reckless disregard of the facts, engage in human
trafficking, attempt to engage in human trafficking, or benefit financially by receiving anything of value
from participating in a venture that has subjected a person to human trafficking for commercial sexual
activity, labor, or services:
By using coercion;9
With or of a child younger than 18;10 or
1 Art. I, s. 24(c), Fla. Const.
2 Id.
3 S. 119.15, F.S.
4 S. 119.15(6)(b), F.S.
5 Id.
6 Memorial Hospital-West Volusia, Inc. v. News-Journal Corp., 784 So.2d 438, 440-441 (Fla. 2001).
7 Campus Communications, Inc. v. Earnhardt, 821 So.2d 388, 396 (Fla. 5th DCA 2002), review denied, 848 So.2d 1153 (Fla. 2003).
8 S. 787.06(2)(d), F.S.
9 S. 787.06(3)(b), F.S.
10 S. 787.06(3)(g), F.S.
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If for commercial sexual activity, with a mentally defective11 or mentally incapacitated12 person.13
Human Trafficking Victim Expunction
In 2013, the Legislature created a process to allow a victim of human trafficking to petition a court for
the expunction of a criminal history record resulting from the arrest or filing of charges for an offense
committed or reported to have been committed while the person was a victim of human trafficking.14 To
be eligible for expunction, the offense must be related to a human trafficking scheme of which the
person was a victim or must have been committed at the direction of an operator of the scheme,15 and
must not be one of the following offenses:
Arson;
Sexual battery;
Robbery;
Kidnapping;
Aggravated child abuse;
Aggravated abuse of an elderly person or disabled adult;
Aggravated assault with a deadly weapon;
Murder;
Manslaughter;
Aggravated manslaughter of an elderly person or disabled adult;
Aggravated manslaughter of a child;
Unlawful throwing, placing, or discharging of a destructive device or bomb;
Armed burglary;
Aggravated battery; or
Aggravated stalking.
A court located within the judicial circuit where the crime the human trafficking victim seeks to expunge
took place is the court designated to hear the victim’s petition.16 A petition must be initiated by the
petitioner with due diligence after he or she is no longer a victim of human trafficking or has sought
human trafficking victim services.17 The petition must be accompanied by:
A sworn statement attesting that the petitioner is eligible for an expunction to the best of his or
her knowledge and does not have other petitions to expunge or seal pending before any court;
and
Official documentation of the petitioner’s status as a human trafficking victim, if any exists.18
When a criminal history record is ordered to be expunged, the record must be physically destroyed by
any criminal justice agency possessing such record, except that any criminal history record in the
custody of the Florida Department of Law Enforcement (FDLE) must be retained.19
Florida provides a public record exemption20 for criminal intelligence21 and criminal investigative
information22 that includes:
11 Mentally defective means a mental disease or defect which renders a person temporarily or permanently incapable of appraising the
nature of his or her conduct. S. 794.011(1)(a), F.S.
12 Mentally incapacitated means temporarily incapable of appraising or controlling a person's own conduct due to the influence of a
narcotic, anesthetic, or intoxicating substance administered without his or her consent or due to any other act committed upon that
person without his or her consent. S. 794.011(1)(b), F.S.
13 Id.
14 Ch. 2013-98 Laws of Fla.
15 Chapter 2013-99, Laws of Fla.; codified as s. 943.0583, F.S.
16 S. 943.0583(2), F.S.
17 S. 943.0583(4), F.S.
18 S. 943.0583(6), F.S.
19 S. 943.045(16), F.S.
20 S. 119.071(2)(h), F.S.
21 The term “criminal intelligence information” means information with respect to an identifiable person or group of persons collected by
a criminal justice agency in an effort to anticipate, prevent, or monitor possible criminal activity. S. 119.011(3)(a), F.S.
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Any information that reveals the identity of a victim of the crime of child abuse;23
Any information that may reveal the identity of a person who is a victim of any sexual offense;24
and
A photograph, videotape, or image of any part of the body of a victim of a crime of certain
sexual offenses.25
In 2015, the Legislature expanded the exemption to include:26
Any information that reveals the identity of a person under the age of 18 who is the victim of
human trafficking for labor or services;27
Any information that may reveal the identity of a person who is the victim of human trafficking
for commercial sexual activity;28 and
A photograph, videotape, or image of any part of the body of a victim of human trafficking
involving commercial sexual activity.29
Additionally, criminal intelligence and criminal investigative information that reveals or may reveal the
identity of a victim of human trafficking whose criminal history has been expunged or ordered expunged
is also confidential and exempt30 from public records requirements.31
While criminal intelligence and criminal investigative information is confidential and exempt from public
records requirements, a law enforcement agency may share such information:
In the furtherance of its official duties and responsibilities;
With another governmental agency in the furtherance of its official duties and responsibilities; or
For print, publication, or broadcast, if the law enforcement agency determines that releasing the
information will assist in locating or identifying a person the agency believes is missing or
endangered; however, the information provided should be limited to information needed to
identify or locate the victim.32
Current law does not provide a public records exemption for a human trafficking victim’s petition and
any accompanying documents for expunction of his or her criminal history record resulting from an
offense committed while he or she was a victim of human trafficking.
22 The term “criminal investigative information” means information with respect to an identifiable person or group of persons compiled by
a criminal justice agency in the course of conducting a criminal investigation of a specific act or omission, including, but not limited to,
information derived from laboratory tests, reports of investigators or informants, or any type of surveillance. S. 119.011(3)(b), F.S.
23 See ch. 827, F.S.
24 See chs. 794, 796, 800, 827, and 847, F.S.
25 See s. 810.145, F.S., and chs. 794, 796, 800, 827, and 847, F.S.
26 Ch. 2015-146, Laws of Fla.; S. 119.071(2)(h)1., F.S.
27 See s. 787.06(3)(a), F.S.
28 See s. 787.06(3)(b), (d), (f), and (g), F.S.
29 Id.
30 There is a difference between records the Legislature designates exempt from public record requirements and those the Legislature
deems confidential and exempt. A record classified as exempt from public disclosure may be disclosed under certain circumstances.
See WFTV, Inc. v. Sch. Bd. of Seminole, 874 So.2d 48, 53 (Fla. 5th DCA 2004), review denied 892 So.2d 1015 (Fla. 2004); City of
Riviera Beach v. Barfield, 642 So.2d 1135 (Fla. 4th DCA 1994); Williams v. City of Minneola, 575 So.2d 683, 687 (Fla. 5th DCA 1991).
If the Legislature designates a record as confidential and exempt from public disclosure, such record may not be released, by the
custodian of public records, to anyone other than the persons or entities specifically designated in statute. See Op. Att’y Gen. Fla. 85-
62(1985).
31 S. 943.0583(11), F.S.
32 Ss. 119.071(2)(h)2. and 943.0583(11)(b), F.S.
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Effect of Proposed Changes
HB 525 provides that a petition filed under s. 943.0583(11), F.S., by a human trafficking victim for
expunction of his or her criminal history record and all related pleadings and documents are confidential
and exempt from public records.
The bill provides a public necessity statement as required by the Florida Constitution. The statement
provides that victims of human trafficking face barriers to employment and other opportunities and the
potential for public knowledge that a human trafficking victim is seeking expungement and the
information accompanying such petition may expose a human trafficking victim to possible
discrimination. As such, it is necessary that such petitions and related documents be made confidential
to allow human trafficking victims the opportunity to rebuild their lives and reenter society without facing
potential discrimination.
The bill provides that the exemption is subject to the Open Government Sunset Review Act and will
stand repealed on October 2, 2026, unless the Legislature reviews and reenacts the exemption by that
date.
The bill is effective upon the passage of HB 523 (2021) or similar legislation.
B. SECTION DIRECTORY:
Section 1: Amends s. 943.0583, F.S., relating to human trafficking victim expunction.
Section 2: Provides a public necessity statement.
Section 2: Provides that the bill is effective on the same date that HB 523 (2021) or similar legislation
takes effect.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
None.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
None.
III. COMMENTS
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A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. The bill does not appear to effect local government.
2. Other:
Vote Requirement
Article I, s. 24(c) of the Florida Constitution requires a two-thirds vote of the members present and
voting for final passage of a newly created or expanded publi