HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 1441 Pub. Rec./Human Trafficking Victim Expunction
SPONSOR(S): Criminal Justice & Public Safety Subcommittee, Toledo
TIED BILLS: CS/CS/CS/HB 1439 IDEN./SIM. BILLS: CS/SB 756
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Criminal Justice & Public Safety Subcommittee 16 Y, 0 N, As CS Mathews Hall
2) Government Operations Subcommittee 13 Y, 0 N Roth Toliver
3) Judiciary Committee 19 Y, 0 N Mathews 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. A human trafficking
victim is 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 human trafficking victim expunction must be initiated with due diligence by the victim 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, current law does not
exempt the information contained in the petition for expunction and accompanying information from public
record.
CS/CS/CS/HB 1439 (2022), to which this bill is linked, expands eligibility for human trafficking victim
expunction to records related to an arrest or charges filed for certain previously ineligible offenses committed
or reported to have been committed by a person while he or she was a victim of human trafficking.
CS/HB 1441 amends s. 943.0583, F.S., to make confidential and exempt from public records any criminal
history records related to an arrest or charges filed for newly eligible offenses that are ordered expunged by a
court and any petition for human trafficking victim expunction and all related pleadings and documents.
Additionally, the bill provides that the expansion of the public records exemption for newly eligible expunged
criminal records and the new exemption for human trafficking victim expunction petitions and related pleadings
and documents are subject to the Open Government Sunset Review Act and will repeal on October 2, 2027,
unless the Legislature reviews and reenacts the exemptions before that date.
The bill will become effective on the same date that CS/CS/CS/HB 1439 (2022) or similar legislation takes
effect, if such legislation is adopted in the same legislative session or an extension thereof and becomes a 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 docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
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DATE: 2/17/2022
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 public records requirements of art. I, s. 24(a) of the Florida
Constitution, provided the exemption passes by the two-thirds vote of each chamber. The general law
must state with specificity the public necessity justifying the exemption, and must be no broader than
necessary to meet its public purpose.1
The Florida Statutes also address the public policy regarding access to government records. Section
119.07(1), F.S., guarantees every person a right to inspect and copy any state, county, or municipal
record, unless the record is exempt. Furthermore, the Open Government Sunset Review Act 2 provides
that a public record 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.” 3 An identifiable
public purpose is served if the exemption meets one of the following purposes:
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. 4
Pursuant to s. 119.15(3), F.S., a new public records exemption or substantial amendment of an existing
public records exemption is repealed on October 2 of the fifth year following enactment, unless the
Legislature reenacts the exemption.
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.5 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;6
With or of a child or person believed to be a child younger than 18;7 or
If for commercial sexual activity, with a mentally defective8 or mentally incapacitated9 person.10
1
Art. I, s. 24(c), FLA. CONST.
2 Section 119.15, F.S.
3 Section 119.15(6)(b), F.S.
4 Id.
5 S. 787.06(2)(d), F.S.
6 S. 787.06(3)(b), F.S.
7 S. 787.06(3)(g), F.S.
8 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.
9 Mentally incapacitated means temporarily incapable of appraising or controlling a person's own conduct due to the influence o f 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.
10 Id.
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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.11 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, 12 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 or person believed to be 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. 13 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.14 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. 15
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. 16
Florida provides a public record exemption17 for criminal intelligence18 and criminal investigative
information19 that includes:
Any information that reveals the identity of a victim of the crime of child abuse; 20
Any information that may reveal the identity of a person who is a victim of any sexual offense; 21
and
11 Ch. 2013-98, Laws of Fla.
12
Chapter 2013-99, Laws of Fla.; codified as s. 943.0583, F.S.
13 S. 943.0583(2), F.S.
14 S. 943.0583(4), F.S.
15 S. 943.0583(6), F.S.
16 S. 943.045(16), F.S.
17 S. 119.071(2)(h), F.S.
18 The term “criminal intelligence information” means information with respect to an identifiable person or group of persons col lected by
a criminal justice agency in an effort to anticipate, prevent, or monitor possible criminal activity. S. 119.011(3)(a), F.S.
19 The term “criminal investigative information” means information with respect to an identifiable person or group of persons co mpiled 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.
20 See ch. 827, F.S.
21 See chs. 794, 796, 800, 827, and 847, F.S.
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A photograph, videotape, or image of any part of the body of a victim of a crime of certain
sexual offenses.22
In 2015, the Legislature expanded the exemption to include: 23
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;24
Any information that may reveal the identity of a person who is the victim of human trafficking
for commercial sexual activity;25 and
A photograph, videotape, or image of any part of the body of a victim of human trafficking
involving commercial sexual activity.26
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 exempt27 from public records requirements.28
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.29
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.
CS/CS/CS/HB 1439 (2022)
CS/CS/CS/HB 1439 (2022), to which this bill is linked, amends s. 943.0583, F.S., to allow a human
trafficking victim to seek expunction for an arrest or charges filed for the following criminal offenses, so
long as he or she was not found guilty of or did not plead guilty or nolo contendere to the offense, which
occurred as a result of the person being a victim of human trafficking:
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;
22 See s. 810.145, F.S., and chs. 794, 796, 800, 827, and 847, F.S.
23
Ch. 2015-146, Laws of Fla.; S. 119.071(2)(h)1., F.S.
24 See s. 787.06(3)(a), F.S.
25 See s. 787.06(3)(b), (d), (f), and (g), F.S.
26 Id.
27 There is a difference between records the Legislature designates exempt from publi c record requirements and those the Legislature
deems confidential and exempt. A record classified as exempt from public disclosure may be disclosed under certain circumstan ces.
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 pu blic 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).
28 S. 943.0583(11), F.S.
29 Ss. 119.071(2)(h)2. and 943.0583(11)(b), F.S.
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Aggravated manslaughter of a child;
Unlawful throwing, placing, or discharging of a destructive device or bomb;
Armed burglary;
Aggravated battery; or
Aggravated stalking.
Effect of Proposed Changes
Exemption for Expanded Expunged Records
CS/HB 1441 amends s. 943.0583, F.S., to make the expansion of the current public records
exemptions in ss. 943.0583(10) and (11), F.S., pursuant to CS/CS/CS/HB 1439 (2022) expanding
eligibility for human trafficking victim expunction, subject to the Open Government and Sunset Review
Act. The expansion of the exemptions will be repealed on October 2, 2027, unless saved from repeal
by the Legislature.
The bill provides a public necessity statement as required by the Florida Constitution. The statement
provides that it is a public necessity that certain criminal history records of human trafficking victims that
were expunged, because the charge was nolle prosequi, dismissed by a court, or resolved by a
judgement of acquittal or a not guilty verdict be made confidential and exempt from public record.
Exemption for Petition for Expunction
CS/HB 1441 amends s. 943.0583, F.S., to create a public records exemption for a petition for human
trafficking victim expunction and all related pleadings and documents. As such, under the bill, a petition
for human trafficking victim expunction and all related pleadings and documents are confidential and
exempt from public records. The public records exemption is subject to the Open Government Sunset
Review Act and will be repealed on October 2, 2027, unless reviewed and saved from repeal by the
Legislature.
The public necessity 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 inform