Florida HB 747: Consumer Finance Pilot Program
Status: Died in Insurance and Banking Subcommittee, companion bill(s) passed, see CS/SB 386 (Ch. 2018-17) (as of 2018-03-10)
State: Florida · Session: 2018 · Bill: HB 747
Subjects: financial regulation, office of, consumer loans, wages, agencies
Sponsors: Santiago
Bill Text
HB 747 2026 CODING: Words stricken are deletions; words underlined are additions. hb747-00 Page 1 of 4 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 A bill to be entitled 1 An act relating to public records; reenacting and 2 amending s. 943.059, F.S.; expanding an existing 3 public records exemption to include sealed criminal 4 history records of persons adjudicated guilty of 5 certain nonviolent misdemeanor offenses; providing for 6 future review and repeal of the expanded exemption; 7 providing for reversion of specified language if the 8 exemption is not saved from repeal; providing a 9 statement of public necessity; providing a contingent 10 effective date. 11 12 Be It Enacted by the Legislature of the State of Florida: 13 14 Section 1. Paragraphs (a) and (d) of subsection (6) of 15 section 943.059, Florida Statutes, are reenacted, and a new 16 paragraph (e) is added to that subsection, to read: 17 943.059 Court-ordered sealing of criminal history 18 records.— 19 (6) EFFECT OF ORDER.— 20 (a) A criminal history record of a minor or an adult which 21 is ordered sealed by a court pursuant to this section is 22 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I 23 of the State Constitution and is available only to the following 24 persons: 25 HB 747 2026 CODING: Words stricken are deletions; words underlined are additions. hb747-00 Page 2 of 4 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 1. The subject of the record; 26 2. The subject's attorney; 27 3. Criminal justice agencies for their respective criminal 28 justice purposes, which include conducting a criminal history 29 background check for approval of firearms purchases or transfers 30 as authorized by state or federal law; 31 4. Judges in the state courts system for the purpose of 32 assisting them in their case-related decisionmaking 33 responsibilities, as set forth in s. 943.053(5); or 34 5. To those entities set forth in subparagraphs (b)1., 4.-35 6., and 8.-10. for their respective licensing access 36 authorization and employment purposes. 37 (d) Information relating to the existence of a sealed 38 criminal history record provided in accordance with paragraph 39 (b) is confidential and exempt from s. 119.07(1) and s. 24(a), 40 Art. I of the State Constitution, except that the department 41 shall disclose the sealed criminal history record to the 42 entities set forth in subparagraphs (b)1., 4.-6., and 8.-10. for 43 their respective licensing, access authorization, and employment 44 purposes. An employee of an entity set forth in subparagraph 45 (b)1., subparagraph (b)4., subparagraph (b)5., subparagraph 46 (b)6., subparagraph (b)8., subparagraph (b)9., or subparagraph 47 (b)10. may not disclose information relating to the existence of 48 a sealed criminal history record of a person seeking employment, 49 access authorization, or licensure with such entity or 50 HB 747 2026 CODING: Words stricken are deletions; words underlined are additions. hb747-00 Page 3 of 4 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 contractor, except to the person to whom the criminal history 51 record relates or to persons having direct responsibility for 52 employment, access authorization, or licensure decisions. A 53 person who violates this paragraph commits a misdemeanor of the 54 first degree, punishable as provided in s. 775.082 or s. 55 775.083. 56 (e) The expansion of the public records exemption under 57 this subsection to include criminal history records described in 58 subparagraph (1)(b)2. is subject to the Open Government Sunset 59 Review Act in accordance with s. 119.15 and shall stand repealed 60 on October 2, 2031, unless reviewed and saved from repeal 61 through reenactment by the Legislature. If the expansion of the 62 exemption is not saved from repeal, this subsection shall revert 63 to that in existence on June 30, 2026, except that any 64 amendments to such text enacted other than by this act shall be 65 preserved and continue to operate to the extent that such 66 amendments are not dependent upon the portions of text which 67 expire pursuant to this paragraph. 68 Section 2. The Legislature finds that it is a public 69 necessity that a criminal history record described in s. 70 943.059(1)(b)2. which is sealed be made confidential and exempt 71 from s. 119.07(1) and s. 24(a), Art. I of the State 72 Constitution, and only be made available in accordance with the 73 provisions of s. 943.059(6). If a sealed criminal history record 74 remains accessible to potential employers, landlords, and other 75 HB 747 2026 CODING: Words stricken are deletions; words underlined are additions. hb747-00 Page 4 of 4 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 members of the public, the person who obtained the sealing of 76 the record faces barriers to obtaining work, housing, or other 77 resources necessary to be a productive member of society. 78 Increasing opportunities for persons to seal a
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