Public Records/Human Trafficking Victims
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SB 756 — Public Records/Human Trafficking Victims
Last action — Died in returning Messages
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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3Passed Senate
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4Passed House
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5To Executive
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6Enacted
This bill died with 2022 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Summary
Public Records/Human Trafficking Victims; Expanding an existing public records exemption relating to human trafficking victims seeking expunction of certain records related to an offense listed in s. 775.084(1)(b)1., F.S.; providing for future review and repeal of the expanded exemption; providing for the reversion of specified provisions if the exemption is not saved from repeal; providing that a petition for human trafficking victim expunction and all pleadings and documents related to the petition are confidential and exempt from public records requirements; providing for future legislative review and repeal of the exemption; providing a statement of public necessity, etc.
Bill Text
What changed in the latest version
158 added · 51 removedPlain-language change summary
The updated version of Bill SB 756 now includes a broader public records exemption for human trafficking victims seeking to clear certain offenses from their records. It explicitly states that not only the petition but all related documents will remain confidential and exempt from public access, ensuring the privacy of these vulnerable individuals. This change is important as it helps protect the identities of victims, fostering a safer environment for them to seek justice without the fear of public exposure, and reinforces the commitment to support their recovery and reintegration into society. Additionally, there are provisions for future legislative review to ensure the exemption remains necessary and effective.
Florida Senate - 2022 CS for SB 756 By Senatorthe DiazCommittee 36-00564-22on 2022756__Children, AFamilies, billand toElder beAffairs; entitled An act relating to public records;
and Senator Diaz 586-01944-22 2022756c1 A bill to be entitled An act relating to public records;
providingexpanding thatan theexisting personalpublic identifyingrecords informationexemption ofrelating ato victim of human trafficking invictims aseeking petition for human trafficking victim expunction andof incertain allrecords pleadings and documents related to thean petitionoffense islisted confidentialin ands. exempt from public records requirements;
providing775.084(1)(b)1., forF.S.; future legislative review and repeal of the exemption under the Open Government Sunset Review Act;
providing for future review and repeal of the expanded exemption;
providing for the reversion of specified provisions if the exemption is not saved from repeal;
providing that a petition for human trafficking victim expunction and all pleadings and documents related to the petition are confidential and exempt from public records requirements;
providing for future legislative review and repeal of the exemption;
Subsection (3) of section 943.0583, Florida Statutes, is amended, subsection (12) is added to sectionthat 943.0583,section, Floridaand Statutes,subsections (10) and (11) of that section are republished, to read:
943.0583 Human trafficking victim expunction.— (12)(a)(3)(a) TheA personalperson identifyingwho informationis of a victim of human trafficking inmay petition for the expunction of a petitioncriminal filedhistory underrecord thisresulting sectionfrom andthe inarrest allor pleadingsfiling andof documentscharges relatedfor one or more offenses committed or reported to have been committed while the petitionperson iswas confidentiala andvictim exemptof fromhuman s.trafficking, which offense was Page 1 of 5 CODING:
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2022 CS for SB 756 586-01944-22 2022756c1 committed or reported to have been committed as a part of the human trafficking scheme of which the person was a victim or at the direction of an operator of the scheme, including, but not limited to, violations under chapters 796 and 847, without regard to the disposition of the arrest or of any charges.
(b) However, This section does not apply to any offense listed in s.
775.084(1)(b)1.
if the defendant was found guilty of, or pled guilty or nolo contendere to, any such offense.
(c) Determination of the petition under this section should be by a preponderance of the evidence.
A conviction expunged under this section is deemed to have been vacated due to a substantive defect in the underlying criminal proceedings.
If a person is adjudicated not guilty by reason of insanity or is found to be incompetent to stand trial for any such charge, the expunction of the criminal history record may not prevent the entry of the judgment or finding in state and national databases for use in determining eligibility to purchase or possess a firearm or to carry a concealed firearm, as authorized in s.
790.065(2)(a)4.c.
and 18 U.S.C.
s.
922(t), nor shall it prevent any governmental agency that is authorized by state or federal law to determine eligibility to purchase or possess a firearm or to carry a concealed firearm from accessing or using the record of the judgment or finding in the course of such agency’s official duties.
(d) The expansion of the public records exemption in paragraph (b) to allow for the expunction of certain criminal history records related to an offense listed in s.
775.084(1)(b)1.
is subject to the Open Government Sunset Review Act in accordance with s.
119.15 and shall stand repealed on Page 2 of 5 CODING:
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2022 CS for SB 756 586-01944-22 2022756c1 October 2, 2027, 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, 2022, except that any amendments to this subsection 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 this subsection which expire pursuant to this paragraph.
(10)(a) A criminal history record ordered expunged under this section that is retained by the department is confidential and exempt from s.
I of the State Constitution, except that the record shall be made available:
1.
To criminal justice agencies for their respective criminal justice purposes.
2.
To any governmental agency that is authorized by state or federal law to determine eligibility to purchase or possess a firearm or to carry a concealed firearm for use in the course of such agency’s official duties.
3.
Upon order of a court of competent jurisdiction.
(b) A criminal justice agency may retain a notation indicating compliance with an order to expunge.
Show all 73 changed lines (33 more)
(11)(a) The following criminal intelligence information or criminal investigative information is confidential and exempt from s.
119.07(1) and s.
24(a), Art.
I of the State Constitution:
1.
Any information that reveals the identity of a person who is a victim of human trafficking whose criminal history record has been expunged under this section.
2.
Any information that may reveal the identity of a person Page 3 of 5 CODING:
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2022 CS for SB 756 586-01944-22 2022756c1 who is a victim of human trafficking whose criminal history record has been ordered expunged under this section.
(b) Criminal investigative information and criminal intelligence information made confidential and exempt under this subsection may be disclosed by a law enforcement agency:
1.
In the furtherance of its official duties and responsibilities.
2.
For print, publication, or broadcast if the law enforcement agency determines that such release would assist in locating or identifying a person that the agency believes to be missing or endangered.
The information provided should be limited to that needed to identify or locate the victim.
3.
To another governmental agency in the furtherance of its official duties and responsibilities.
(c) This exemption applies to such confidential and exempt criminal intelligence information or criminal investigative information held by a law enforcement agency before, on, or after the effective date of the exemption.
(12)(a) A petition filed pursuant to this section and all pleadings and documents related to the petition are confidential and exempt from s.
119.07(1) and s.
24(a), Art.
The Legislature finds that it is a public necessity that thecriminal personalhistory identifyingrecords information of a victim of human trafficking invictims arelated petitionto filedany underoffense listed in s.
943.0583,775.084(1)(b)1., Florida Page 14 of 25 CODING:
Florida Senate - 2022 CS for SB 756 36-00564-22586-01944-22 2022756__2022756c1 Florida Statutes, andthat inwas alldismissed pleadingsor andnolle documentsprosequi relatedby to the petitionstate beattorney madeor confidentialstatewide andprosecutor exemptor fromdismissed by a court of competent jurisdiction, or for which a judgment of acquittal was rendered by a judge or a verdict of not guilty was rendered by a judge or jury, which records are ordered to be expunged under s.
943.0583, Florida Statutes, be made confidential and exempt from 119.07(1), Florida Statutes, and s.
24(a), Article I of the State Constitution.
Further, the Legislature finds that it is a public necessity that a petition filed under s.
943.0583, Florida Statutes, and all pleadings and documents related to the petition be made confidential and exempt from s.
Persons who are victims of human trafficking and who have been arrested, charged, or convicted of crimes committed at the behest of their traffickers are themselves victims of crimes.
Therefore, it is necessary that thesuch personalspecified identifyingcriminal informationhistory ofrecords, victimseven ofthough humansuch traffickingrecords inare theserelated to certain serious offenses, and such petitions, pleadings, and related documents be made confidential in order for human trafficking victims to have the chance to rebuild their lives and reenter society.
Page 25 of 25 CODING:
Show all 73 changed rows (33 more)
View plain text versions (2)
- S 756 c1 View text Current pdf
- Introduced S 756 Filed pdf
AI-generated reading aid from the bill's amendatory text — verify against the official bill.
The bill expands the public records exemption for human trafficking victims seeking expunction of certain criminal records, making related petitions and documents confidential.
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943.0583
However, This section does not apply to any offense listed in s. 775.084(1)(b)1. if the defendant was found guilty of, or pled guilty or nolo contendere to, any such offense.→ This section does not apply to any offense listed in s. 775.084(1)(b)1. if the defendant was found guilty of, or pled guilty or nolo contendere to, any such offense.The restriction on expunction for certain serious offenses remains, but now also allows for the expunction process for cases that fall under this exemption.
-
943.0583
A petition filed pursuant to this section and all pleadings and documents related to the petition are confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
It establishes the confidentiality of petitions and documents related to human trafficking victim expunctions.
-
943.0583
This subsection is subject to the Open Government Sunset Review Act in accordance with s. 119.15 and shall stand repealed on October 2, 2027, unless reviewed and saved from repeal through reenactment by the Legislature.
The new confidentiality provisions will expire unless they are reviewed and reaffirmed by the Legislature.
Action History
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Died in returning Messages
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Indefinitely postponed and withdrawn from consideration
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In returning messages
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CS passed as amended; YEAS 115, NAYS 0
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Read 3rd time
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Added to Third Reading Calendar
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Placed on 3rd reading
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Amendment 968849 adopted
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Read 2nd time
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Substituted for CS/HB 1441
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1st Reading (Committee Substitute 1)
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Bill added to Special Order Calendar (3/1/2022)
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Bill referred to House Calendar
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In Messages
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Immediately certified
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CS passed; YEAS 39 NAYS 0
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Read 3rd time
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Read 2nd time
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Placed on Special Order Calendar, 02/10/22
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Placed on Calendar, on 2nd reading
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Favorable by- Rules; YEAS 15 NAYS 0
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On Committee agenda-- Rules, 02/03/22, 9:00 am, 412 Knott Building
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Now in Rules
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Favorable by Governmental Oversight and Accountability; YEAS 6 NAYS 0
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On Committee agenda-- Governmental Oversight and Accountability, 01/26/22, 10:00 am, 37 Senate Building
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CS by Children, Families, and Elder Affairs read 1st time
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Now in Governmental Oversight and Accountability
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Pending reference review under Rule 4.7(2) - (Committee Substitute)
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CS by Children, Families, and Elder Affairs; YEAS 7 NAYS 0
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Introduced
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On Committee agenda-- Children, Families, and Elder Affairs, 01/11/22, 1:30 pm, 37 Senate Building
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On Committee agenda-- Children, Families, and Elder Affairs, 11/30/21, 12:30 pm, 37 Senate Building --Temporarily Postponed
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Referred to Children, Families, and Elder Affairs; Governmental Oversight and Accountability; Rules
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Filed
Sponsors
- Children, Families, and Elder Affairs · Primary
- Diaz · Primary
- Ben Albritton · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →2 sponsors · 1 co-sponsors · 161 not signed on
Sponsors (2)
- Children, Families, and Elder Affairs
- Diaz
Co-sponsors (1)
- Albritton, Ben Republican
Not signed on (161)
161 members have not signed on to this bill.
Show all 161 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 50 | 0 | 0 | 2 |
| Republican | 45 | 0 | 0 | 1 |
| Democrat | 20 | 0 | 0 | 1 |
| Total | 115 | 0 | 0 | 4 |
| % of votes cast | 97% | 0% | 0% | 3% |
How each member voted (119)
| Member | Party | Vote |
|---|---|---|
| Alexander | — | Yea |
| Aloupis | — | Yea |
| Geller | — | Yea |
| Altman | — | Yea |
| Goff-Marcil | — | Yea |
| Renner | — | Yea |
| Roach | — | Yea |
| Bell | — | Yea |
| Grieco | — | Yea |
| Beltran | — | Yea |
| Hage | — | Yea |
| Benjamin | — | Yea |
| Harding | — | Yea |
| Rommel | — | Yea |
| Roth | — | Yea |
| Hawkins | — | Yea |
| Sabatini | — | Yea |
| Brown | — | Yea |
| Ingoglia | — | Yea |
| Silvers | — | Yea |
| Jenne | — | Yea |
| Bush | — | Yea |
| Killebrew | — | Yea |
| Slosberg-King | — | Yea |
| Byrd | — | Yea |
| Caruso | — | Yea |
| Latvala | — | Yea |
| Casello | — | Yea |
| Learned | — | Yea |
| Sprowls | — | Yea |
| Clemons | — | Yea |
| Mariano | — | Yea |
| Toledo | — | Yea |
| Tomkow | — | Yea |
| Diamond | — | Yea |
| Drake | — | Yea |
| McCurdy | — | Yea |
| Duran | — | Yea |
| Willhite | — | Yea |
| Morales | — | Yea |
| Williams | — | Yea |
| Williamson | — | Yea |
| Fernandez-Barquin | — | Yea |
| Omphroy | — | Yea |
| Fetterhoff | — | Yea |
| Fine | — | Yea |
| Payne | — | Yea |
| Zika | — | Yea |
| Fischer | — | Yea |
| Grant | — | Not Voting |
| Stevenson | — | Not Voting |
| Thompson, Geraldine F. "Geri" | — | Yea |
| Arrington, Kristen Aston | Democrat | Yea |
| Bartleman, Robin | Democrat | Yea |
| Campbell, Daryl | Democrat | Yea |
| Chambliss, Kevin D. | Democrat | Yea |
| Daley, Dan | Democrat | Yea |
| Davis, Tracie | Democrat | Yea |
| Driskell, Fentrice | Democrat | Yea |
| Eskamani, Dr. Anna V. | Democrat | Yea |
| Gottlieb, Michael "Mike" | Democrat | Yea |
| Gregory, Emily | Democrat | Yea |
| Hart-Lowman, Dianne "Ms Dee" | Democrat | Not Voting |
| Hinson, Yvonne Hayes | Democrat | Yea |
| Hunschofsky, Christine | Democrat | Yea |
| Joseph, Dotie | Democrat | Yea |
| Nixon, Angela "Angie" | Democrat | Yea |
| Rayner, Michele K. | Democrat | Yea |
| Robinson, Felicia Simone | Democrat | Yea |
| Skidmore, Kelly | Democrat | Yea |
| Smith, Carlos Guillermo | Democrat | Yea |
| Tant, Allison | Democrat | Yea |
| Woodson, Marie Paule | Democrat | Yea |
| Andrade, Robert Alexander "Alex" | Republican | Yea |
| Barnaby, Webster | Republican | Yea |
| Borrero, David | Republican | Yea |
| Botana, Adam | Republican | Yea |
| Brannan III, Robert Charles "Chuck" | Republican | Yea |
| Buchanan, James | Republican | Yea |
| Burton, Colleen | Republican | Yea |
| Busatta, Demi | Republican | Yea |
| Chaney, Linda | Republican | Yea |
| DiCeglie, Nick | Republican | Yea |
| Duggan, Wyman | Republican | Yea |
| Fabricio, Tom | Republican | Yea |
| Garrison, Sam | Republican | Yea |
| Giallombardo, Mike | Republican | Yea |
| Grall, Erin | Republican | Yea |
| Koster, Traci | Republican | Yea |
| LaMarca, Chip | Republican | Yea |
| Leek, Thomas J. "Tom" | Republican | Yea |
| Maggard, Randall Scott "Randy" | Republican | Yea |
| Maney, Patt | Republican | Yea |
| Massullo, Ralph E., Jr. | Republican | Yea |
| McClain, Stan | Republican | Yea |
| McClure, Lawrence | Republican | Yea |
| McFarland, Fiona | Republican | Yea |
| Melo, Lauren | Republican | Yea |
| Mooney Jr., James Vernon "Jim" | Republican | Yea |
| Overdorf, Tobin Rogers "Toby" | Republican | Yea |
| Perez, Daniel | Republican | Yea |
| Persons-Mulicka, Jenna | Republican | Yea |
| Plakon, Rachel Saunders | Republican | Yea |
| Plasencia, Susan | Republican | Yea |
| Rizo, Alex | Republican | Yea |
| Robinson Jr., William Cloud "Will" | Republican | Yea |
| Rodriguez, Ana Maria | Republican | Yea |
| Salzman, Michelle | Republican | Yea |
| Shoaf, Jason | Republican | Yea |
| Sirois, Tyler I. | Republican | Yea |
| Smith, David | Republican | Yea |
| Snyder, John | Republican | Yea |
| Trabulsy, Dana | Republican | Yea |
| Truenow, Keith L. | Republican | Yea |
| Trumbull, Jay | Republican | Yea |
| Tuck, Kaylee | Republican | Yea |
| Vacant | Republican | Yea |
| Valdés, Susan L. | Republican | Not Voting |
| Yarborough, Clay | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 13 | 0 | 0 | 0 |
| Unaffiliated | 21 | 0 | 0 | 0 |
| Democrat | 4 | 0 | 0 | 0 |
| No Party Affiliation | 1 | 0 | 0 | 0 |
| Total | 39 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (39)
| Member | Party | Vote |
|---|---|---|
| Diaz | — | Yea |
| Ausley | — | Yea |
| Farmer | — | Yea |
| Powell | — | Yea |
| Baxley | — | Yea |
| Gainer | — | Yea |
| Rodrigues | — | Yea |
| Bean | — | Yea |
| Gibson | — | Yea |
| Book | — | Yea |
| Stargel | — | Yea |
| Stewart | — | Yea |
| Bracy | — | Yea |
| Taddeo | — | Yea |
| Hutson | — | Yea |
| Torres | — | Yea |
| Brandes | — | Yea |
| Simpson | — | Yea |
| Broxson | — | Yea |
| Perry | — | Yea |
| Cruz | — | Yea |
| Berman, Lori | Democrat | Yea |
| Jones, Shevrin D. "Shev" | Democrat | Yea |
| Polsky, Tina Scott | Democrat | Yea |
| Rouson, Darryl Ervin | Democrat | Yea |
| Pizzo, Jason W. B. | No Party Affiliation | Yea |
| Albritton, Ben | Republican | Yea |
| Boyd, Jim | Republican | Yea |
| Bradley, Jennifer | Republican | Yea |
| Brodeur, Jason | Republican | Yea |
| Burgess, Danny | Republican | Yea |
| Garcia, Ileana | Republican | Yea |
| Gruters, Joe | Republican | Yea |
| Harrell, Gayle | Republican | Yea |
| Hooper, Ed | Republican | Yea |
| Mayfield, Debbie | Republican | Yea |
| Passidomo, Kathleen | Republican | Yea |
| Rodriguez, Ana Maria | Republican | Yea |
| Wright, Tom A. | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 6 | 0 | 0 | 0 |
| Unaffiliated | 9 | 0 | 0 | 2 |
| Total | 15 | 0 | 0 | 2 |
| % of votes cast | 88% | 0% | 0% | 12% |
How each member voted (17)
| Member | Party | Vote |
|---|---|---|
| Baxley | — | Yea |
| Bean | — | Yea |
| Book | — | Yea |
| Brandes | — | Yea |
| Diaz | — | Yea |
| Farmer | — | Yea |
| Gibson | — | Yea |
| Powell | — | Yea |
| Stargel | — | Yea |
| Bracy | — | Not Voting |
| Hutson | — | Not Voting |
| Albritton, Ben | Republican | Yea |
| Boyd, Jim | Republican | Yea |
| Garcia, Ileana | Republican | Yea |
| Gruters, Joe | Republican | Yea |
| Mayfield, Debbie | Republican | Yea |
| Passidomo, Kathleen | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 4 | 0 | 0 | 0 |
| Republican | 2 | 0 | 0 | 0 |
| Total | 6 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (6)
| Member | Party | Vote |
|---|---|---|
| Farmer | — | Yea |
| Stargel | — | Yea |
| Torres | — | Yea |
| Brandes | — | Yea |
| Gruters, Joe | Republican | Yea |
| Mayfield, Debbie | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 4 | 0 | 0 | 1 |
| Democrat | 1 | 0 | 0 | 0 |
| Unaffiliated | 2 | 0 | 0 | 0 |
| Total | 7 | 0 | 0 | 1 |
| % of votes cast | 88% | 0% | 0% | 13% |
How each member voted (8)
| Member | Party | Vote |
|---|---|---|
| Torres | — | Yea |
| Book | — | Yea |
| Rouson, Darryl Ervin | Democrat | Yea |
| Albritton, Ben | Republican | Not Voting |
| Brodeur, Jason | Republican | Yea |
| Garcia, Ileana | Republican | Yea |
| Harrell, Gayle | Republican | Yea |
| Wright, Tom A. | Republican | Yea |
Subjects
Frequently asked questions
- What does SB 756 do?
- Public Records/Human Trafficking Victims; Expanding an existing public records exemption relating to human trafficking victims seeking expunction of certain records related to an offense listed in s. 775.084(1)(b)1., F.S.; providing for future review and repeal of the expanded exemption; providing for the reversion of specified provisions if the exemption is not saved from repeal; providing that a petition for human trafficking victim expunction and all pleadings and documents related to the petition are confidential and exempt from public records requirements; providing for future legislative review and repeal of the exemption; providing a statement of public necessity, etc.
- Who sponsors SB 756?
- SB 756 is sponsored by Children, Families, and Elder Affairs, Diaz, and Albritton, Ben (Republican).
- What is the current status of SB 756?
- This bill died with 2022 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track SB 756?
- Track SB 756 free on One Click Politics — get push/email alerts when it moves.
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