SB 812 — Public Records/Sealed Criminal History Records

Florida Senate - 2026 CS for SB 812 By Senatorthe SimonCommittee 3-01481-26on 2026812__Criminal AJustice; bill to be entitled An act relating to public records;

and Senator Simon 591-02059-26 2026812c1 A bill to be entitled An act relating to public records;

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 reversion ofto specified statutory text if the exemption is not saved from repeal;

providing for expiration;

providing a directive to the Division of Law Revision;

Paragraph (e) is added to subsection (6) of section 943.059, Florida Statutes, andparagraph paragraphs (a) of that subsection is reenacted and amended, and paragraph (d) of that subsection areis reenacted, to read:

1.Page 1 of 4 CODING:

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2026 CS for SB 812 591-02059-26 2026812c1 1.

Criminal justice agencies for their respective criminal justice purposes, which include conducting a criminal history background check for approval of firearms purchases or transfers Pageas 1authorized ofby 4state CODING:or federal law;

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2026 SB 812 3-01481-26 2026812__ as authorized by state or federal law;

A state attorney for the purpose of prosecuting any subsequent cases.

5.

or 5.6.5.

To those entities set forth in subparagraphs (b)1., 4.-4.-6., 6., and 8.-10.

may not disclose information relating to the existence of a sealed criminal history record of a person seeking employment, access authorization, or licensure with such entity or contractor, except to the person to whom the criminal history record relates or to persons having direct responsibility for employment,Page access2 authorization,of or4 licensureCODING: decisions.

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2026 CS for SB 812 591-02059-26 2026812c1 employment, access authorization, or licensure decisions.

(e) The expansion of the public records exemption under this subsection to include criminal history records described in subparagraphparagraph (1)(b)2.(1)(b) is subject to the Open Government Sunset Review Act in accordance with s.

is119.15, subjectand tothat theparagraph Openshall Governmentstand Sunsetrepealed Pageon 2October of2, 42031, CODING:unless reviewed and saved from repeal through reenactment by the Legislature.

WordsIf strickenthe expansion of the exemption is not saved from repeal, paragraph (1)(b) reverts to that in existence on June 30, 2026, except that any amendments to such text enacted other than by SB 810, 2026 Regular Session, are deletions;preserved and continue to operate to the extent that such amendments are not dependent upon the portions of text which expire pursuant to this paragraph.

wordsThis underlinedparagraph areexpires additions.October 31, 2031.

Florida Senate - 2026 SB 812 3-01481-26 2026812__ Review Act in accordance with s.

119.15 and that subparagraph shall stand repealed on October 2, 2031, unless reviewed and saved from repeal through reenactment by the Legislature.

If the expansion of the exemption is not saved from repeal, this subsection shall revert to that in existence on June 30, 2026, except that any amendments to such text enacted other than by this act shall be preserved and continue to operate to the extent that such amendments are not dependent upon the portions of text which expire pursuant to this paragraph.

The Division of Law Revision is directed to replace the phrase “SB 810, 2026 Regular Session” wherever it occurs in this act with the assigned chapter number of that act.

Section 3.

943.059(1)(b)2.,943.059(1)(b), Florida Statutes, which is sealed be made confidential and exempt from s.

If a sealed criminal history record remains accessible to potential employers, landlords, and other members of the public, the person who obtained the sealing of the record faces barriersPage to3 obtaining work, housing, or other resources necessary to be a productive member of society.4 CODING:

Increasing opportunities for persons to seal a criminal history record promotes economic stability, reduces crime and recidivism, and makes communities safer.

For these reasons, the Legislature finds that it is a public necessity that the criminal history record of persons adjudicated guilty of certain nonviolent misdemeanor offenses be confidential and exempt from public records requirements.

Section 3.

This act shall take effect on the same date that SB 810 or similar legislation takes effect, if such legislation Page 3 of 4 CODING:

Florida Senate - 2026 CS for SB 812 3-01481-26591-02059-26 2026812__2026812c1 isbarriers adoptedto inobtaining thework, samehousing, legislative session or another extensionresources thereofnecessary andto becomesbe a law.productive member of society.