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HB 747 2026
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hb747-00
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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
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Be It Enacted by the Legislature of the State of Florida: 13
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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
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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
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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
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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 criminal history 79
record promotes economic stability, reduces crime and 80
recidivism, and makes communities safer. For these reasons, the 81
Legislature finds that it is a public necessity that the 82
criminal history record of persons adjudicated guilty of certain 83
nonviolent misdemeanor offenses be confidential and exempt from 84
public records requirements. 85
Section 3. This act shall take effect on the same date 86
that HB 745 or similar legislation takes effect, if such 87
legislation is adopted in the same legislative session or an 88
extension thereof and becomes law. 89