Florida SB 812: Public Records/Sealed Criminal History Records

Bill Text

812 
Public Records/Sealed Criminal History Records 
2026-01-21T04:03:52Z 
Expanding an existing public records exemption to include sealed criminal history records of persons adjudicated guilty of certain acts or nonviolent misdemeanor offenses; authorizing disclosure of criminal history records to a state attorney for a specified purpose; providing for future review and repeal of the expanded exemption; providing a statement of public necessity, etc. 
Committee Substitute 1 
2026 
S 
GB 
General Bill 
c1 

 Florida Senate - 2026 CS for SB 812 

 By the Committee on Criminal Justice; and Senator Simon 

 591-02059-26 2026812c1 
 1 A bill to be entitled 
 2 An act relating to public records; reenacting and 
 3 amending s. 943.059, F.S.; expanding an existing 
 4 public records exemption to include sealed criminal 
 5 history records of persons adjudicated guilty of 
 6 certain acts or nonviolent misdemeanor offenses; 
 7 authorizing disclosure of criminal history records to 
 8 a state attorney for a specified purpose; providing 
 9 for future review and repeal of the expanded 
 10 exemption; providing for reversion to specified 
 11 statutory text if the exemption is not saved from 
 12 repeal; providing for expiration; providing a 
 13 directive to the Division of Law Revision; providing a 
 14 statement of public necessity; providing a contingent 
 15 effective date. 
 16 
 17 Be It Enacted by the Legislature of the State of Florida: 
 18 
 19 Section 1. Paragraph (e) is added to subsection (6) of 
 20 section 943.059, Florida Statutes, paragraph (a) of that 
 21 subsection is reenacted and amended, and paragraph (d) of that 
 22 subsection is reenacted, to read: 
 23 943.059 Court-ordered sealing of criminal history records.— 
 24 (6) EFFECT OF ORDER.— 
 25 (a) A criminal history record of a minor or an adult which 
 26 is ordered sealed by a court pursuant to this section is 
 27 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I 
 28 of the State Constitution and is available only to the following 
 29 persons: 
 30 1. The subject of the record; 
 31 2. The subject’s attorney; 
 32 3. Criminal justice agencies for their respective criminal 
 33 justice purposes, which include conducting a criminal history 
 34 background check for approval of firearms purchases or transfers 
 35 as authorized by state or federal law; 
 36 4. A state attorney for the purpose of prosecuting any 
 37 subsequent cases. 
 38 5. Judges in the state courts system for the purpose of 
 39 assisting them in their case-related decisionmaking 
 40 responsibilities, as set forth in s. 943.053(5); or 
 41 6.5. To those entities set forth in subparagraphs (b)1., 
 42 4.-6., and 8.-10. for their respective licensing access 
 43 authorization and employment purposes. 
 44 (d) Information relating to the existence of a sealed 
 45 criminal history record provided in accordance with paragraph 
 46 (b) is confidential and exempt from s. 119.07(1) and s. 24(a), 
 47 Art. I of the State Constitution, except that the department 
 48 shall disclose the sealed criminal history record to the 
 49 entities set forth in subparagraphs (b)1., 4.-6., and 8.-10. for 
 50 their respective licensing, access authorization, and employment 
 51 purposes. An employee of an entity set forth in subparagraph 
 52 (b)1., subparagraph (b)4., subparagraph (b)5., subparagraph 
 53 (b)6., subparagraph (b)8., subparagraph (b)9., or subparagraph 
 54 (b)10. may not disclose information relating to the existence of 
 55 a sealed criminal history record of a person seeking employment, 
 56 access authorization, or licensure with such entity or 
 57 contractor, except to the person to whom the criminal history 
 58 record relates or to persons having direct responsibility for 
 59 employment, access authorization, or licensure decisions. A 
 60 person who violates this paragraph commits a misdemeanor of the 
 61 first degree, punishable as provided in s. 775.082 or s. 
 62 775.083. 
 63 (e) The expansion of the public records exemption under 
 64 this subsection to include criminal history records described in 
 65 paragraph (1)(b) is subject to the Open Government Sunset Review 
 66 Act in accordance with s. 119.15, and that paragraph shall stand 
 67 repealed on October 2, 2031, unless reviewed and saved from 
 68 repeal through reenactment by the Legislature. If the expansion 
 69 of the exemption is not saved from repeal, paragraph (1)(b) 
 70 reverts to that in existence on June 30, 2026, except that any 
 71 amendments to such text enacted other than by SB 810, 2026 
 72 Regular Session, are preserved and continue to operate to the 
 73 extent that such amendments are not dependent upon the portions 
 74 of text which expire pursuant to this paragraph. This paragraph 
 75 expires October 31, 2031. 
 76 Section 2. The Division of Law Revision is directed to 
 77 replace the phrase “SB 810, 2026 Regular Session” wherever it 
 78 occurs in this act with