(1) The department shall create and administer the Soliciting for Prostitution Public Database. The clerk of the court shall forward to the department the criminal history record of a person in accordance with s. 796.07(5)(e), and the department shall add the criminal history record to the database.

(2)(a) The department shall automatically remove the criminal history record of a person from the database if, after 5 years following the commission of an offense that meets the criteria set forth in s. 796.07(5)(e), such person has not subsequently committed a violation that meets such criteria or any other offense within that time that would constitute a sexual offense, including, but not limited to, human trafficking, or an offense that would require registration as a sexual offender.

(b) The department may not remove a criminal history record from the database if a person commits a violation that meets the criteria set forth in s. 796.07(5)(e) a second or subsequent time.

(c) The department shall create policies and procedures that allow a person whose conviction has been overturned or who has received an expunction of a criminal history record for which his or her record was placed on the database to petition the department for the removal of the petitioner’s criminal history record. The department, after receiving a completed petition form with adequate documentation, must remove the criminal history record from the database within 30 days after receipt of such petition. The department shall create a form, publish it online, and provide it upon request in paper form for petitioners to complete.

(3) The database must include all of the following on each offender:

(a) His or her full legal name.

(b) His or her last known address.

(c) A color photograph of him or her.

(d) The offense for which he or she was convicted.

(4) The department shall adopt rules to administer this section.

(5) The Office of Program Policy Analysis and Government Accountability (OPPAGA) shall perform a study of the effectiveness of the database. The study’s scope must include, but need not be limited to, review of the administration of the database, the policies and procedures of the database, and whether the database prevents and deters human trafficking networks and persons who aid and abet these networks from operating in this state. The study must include recommendations for any changes needed to the database or if the database should be repealed. In conducting the study, OPPAGA shall consult with the Florida Department of Law Enforcement and any other interested entities. OPPAGA shall submit a report to the Governor, the President of the Senate, and the Speaker of the House of Representatives by January 1, 2023.

(6) This section shall stand repealed on January 1, 2024, unless reviewed and saved from repeal through reenactment by the Legislature.

History.—s. 8, ch. 2019-152.

1Note.—Effective January 1, 2021.