Florida 2025 Regular Session Status: In Committee 1 D cosponsors

SB 1028 — Public Records/Expunged Criminal History Records

Last action — Died in Criminal Justice

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2025 Regular Session. It reached “In Committee” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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/Expunged Criminal History Records; Providing for the effect of criminal history records ordered expunged; providing an exemption from public records requirements for criminal history records ordered expunged which are retained by the department; providing for future legislative review and repeal of the exemption; providing a statement of public necessity, etc.

Bill Text

How this bill changes current law

6 changes Share ↗

AI-generated reading aid from the bill's amendatory text — verify against the official bill.

The bill amends existing law to establish confidentiality and exemptions for certain criminal history records related to expunged marijuana offenses, along with associated penalties for unauthorized disclosure.

  • 943.0579

    5) EFFECT OF EXPUNCTION ORDER.—(a) A criminal history record of a minor or an adult which is ordered expunged by a court of competent jurisdiction pursuant to this section must be physically destroyed or obliterated by any criminal justice agency having custody of such record, except that the department shall retain all criminal history records in its custody in all cases. A criminal history record ordered expunged which is retained by the department is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution and is not available to any person or entity except upon order of a court of competent jurisdiction. A criminal justice agency may retain a notation indicating compliance with an order to expunge.

    This provision requires criminal history records that are expunged to be destroyed by agencies but allows the department to retain such records confidentially.

  • 943.0579

    (b) The person who is the subject of a criminal history record expunged under this section or under other provisions of law, including former ss. 893.14, 901.33, and 943.058, may lawfully deny or fail to acknowledge the arrests covered by the expunged record...

    Individuals may deny or ignore arrests associated with expunged records under specified conditions.

  • 943.0579

    (c) Subject to the exceptions in paragraph (b), a person who has been granted an expunction under this section, former s. 893.14, former s. 901.33, or former s. 943.058 may not be held under any provision of law of this state to have committed perjury or to be otherwise liable for giving a false statement by reason of such person’s failure to recite or acknowledge an expunged criminal history record.

    This change protects individuals from being accused of perjury for failing to disclose expunged records.

  • 943.0579

    (d) Information relating to the existence of an expunged criminal history record which is provided in accordance with paragraph (a) is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution.

    It ensures the confidentiality of information regarding expunged criminal history records.

  • 943.0579

    (e) This subsection is subject to the Open Government Sunset Review Act in accordance with s. 119.15 and shall stand repealed on October 2, 2030, unless reviewed and saved from repeal through reenactment by the Legislature.

    The new provision includes a sunset review clause, which requires legislative reassessment not later than 2030.

  • 943.0579

    (f) It is unlawful for an employee of an entity set forth in subparagraph (b)1., subparagraph (b)4., subparagraph (b)5., subparagraph (b)6., subparagraph (b)7., or subparagraph (b)8. to disclose information relating to the existence of an expunged criminal history record of a person seeking employment, access authorization, or licensure with such entity or contractor...

    Establishes criminal penalties for unauthorized disclosure of expunged criminal history information.

Action History

  1. Died in Criminal Justice

  2. Indefinitely postponed and withdrawn from consideration

  3. Introduced

  4. Referred to Criminal Justice; Appropriations Committee on Criminal and Civil Justice; Fiscal Policy

  5. Filed

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 159 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (159)

159 members have not signed on to this bill.

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"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.

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Subjects

public-safety civil-rights
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Frequently asked questions

What does SB 1028 do?
Public Records/Expunged Criminal History Records; Providing for the effect of criminal history records ordered expunged; providing an exemption from public records requirements for criminal history records ordered expunged which are retained by the department; providing for future legislative review and repeal of the exemption; providing a statement of public necessity, etc.
Who sponsors SB 1028?
SB 1028 is sponsored by Davis, Tracie (Democrat).
What is the current status of SB 1028?
This bill died with 2025 Regular Session. It reached “In Committee” 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 1028?
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Last checked for changes 3 months ago · updated continuously

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