CODING: Words stricken are deletions; words underlined are additions.
HOUSE AMENDMENT
Bill No. HB 2101
Amendment No. 5 (for drafter's use only)
CHAMBER ACTION
Senate House
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5 ORIGINAL STAMP BELOW
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11 Representative(s) Fasano offered the following:
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13 Amendment (with title amendment)
14 On page 8, between lines 3 & 4, of the bill
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16 insert:
17 Section 6. Paragraph (a) of subsection (4) of section
18 943.059, Florida Statutes, is amended to read:
19 943.059 Court-ordered sealing of criminal history
20 records.--The courts of this state shall continue to have
21 jurisdiction over their own procedures, including the
22 maintenance, sealing, and correction of judicial records
23 containing criminal history information to the extent such
24 procedures are not inconsistent with the conditions,
25 responsibilities, and duties established by this section. Any
26 court of competent jurisdiction may order a criminal justice
27 agency to seal the criminal history record of a minor or an
28 adult who complies with the requirements of this section. The
29 court shall not order a criminal justice agency to seal a
30 criminal history record until the person seeking to seal a
31 criminal history record has applied for and received a
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HOUSE AMENDMENT
Bill No. HB 2101
Amendment No. 5 (for drafter's use only)
1 certificate of eligibility for sealing pursuant to subsection
2 (2). A criminal history record that relates to a violation of
3 chapter 794, s. 800.04, s. 817.034, s. 827.071, chapter 839,
4 s. 893.135, or a violation enumerated in s. 907.041 may not be
5 sealed, without regard to whether adjudication was withheld,
6 if the defendant was found guilty of or pled guilty or nolo
7 contendere to the offense, or if the defendant, as a minor,
8 was found to have committed or pled guilty or nolo contendere
9 to committing the offense as a delinquent act. The court may
10 only order sealing of a criminal history record pertaining to
11 one arrest or one incident of alleged criminal activity,
12 except as provided in this section. The court may, at its sole
13 discretion, order the sealing of a criminal history record
14 pertaining to more than one arrest if the additional arrests
15 directly relate to the original arrest. If the court intends
16 to order the sealing of records pertaining to such additional
17 arrests, such intent must be specified in the order. A
18 criminal justice agency may not seal any record pertaining to
19 such additional arrests if the order to seal does not
20 articulate the intention of the court to seal records
21 pertaining to more than one arrest. This section does not
22 prevent the court from ordering the sealing of only a portion
23 of a criminal history record pertaining to one arrest or one
24 incident of alleged criminal activity. Notwithstanding any law
25 to the contrary, a criminal justice agency may comply with
26 laws, court orders, and official requests of other
27 jurisdictions relating to sealing, correction, or confidential
28 handling of criminal history records or information derived
29 therefrom. This section does not confer any right to the
30 sealing of any criminal history record, and any request for
31 sealing a criminal history record may be denied at the sole
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HOUSE AMENDMENT
Bill No. HB 2101
Amendment No. 5 (for drafter's use only)
1 discretion of the court.
2 (4) EFFECT OF CRIMINAL HISTORY RECORD SEALING.--A
3 criminal history record of a minor or an adult which is
4 ordered sealed by a court of competent jurisdiction pursuant
5 to this section is confidential and exempt from the provisions
6 of s. 119.07(1) and s. 24(a), Art. I of the State Constitution
7 and is available only to the person who is the subject of the
8 record, to the subject's attorney, to criminal justice
9 agencies for their respective criminal justice purposes, or to
10 those entities set forth in subparagraphs (a)1., 4., 5., and
11 6. for their respective licensing and employment purposes.
12 (a) The subject of a criminal history record sealed
13 under this section or under other provisions of law, including
14 former s. 893.14, former s. 901.33, and former s. 943.058, may
15 lawfully deny or fail to acknowledge the arrests covered by
16 the sealed record, except when the subject of the record:
17 1. Is a candidate for employment with a criminal
18 justice agency;
19 2. Is a defendant in a criminal prosecution;
20 3. Concurrently or subsequently petitions for relief
21 under this section or s. 943.0585;
22 4. Is a candidate for admission to The Florida Bar;
23 5. Is seeking to be employed or licensed by or to
24 contract with the Department of Children and Family Services
25 or the Department of Juvenile Justice or to be employed or
26 used by such contractor or licensee in a sensitive position
27 having direct contact with children, the developmentally
28 disabled, the aged, or the elderly as provided in s.
29 110.1127(3), s. 393.063(15), s. 394.4572(1), s. 397.451, s.
30 402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4), s.
31 415.103, s. 985.407, or chapter 400; or
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HOUSE AMENDMENT
Bill No. HB 2101
Amendment No. 5 (for drafter's use only)
1 6. Is seeking to be employed or licensed by or to
2 contract with the Department of Health or to be employed or
3 used by such contractor or licensee in a sensitive position
4 having direct contact with children, the developmentally
5 disabled, the aged, or the elderly as provided in s.
6 110.1127(3), s.393.063(15), s. 394.4572(1), s. 397.451, s.
7 402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4), s.
8 415.1075(4), s. 985.407, or chapter 400; or
9 7.6. Is seeking to be employed or licensed by the
10 Office of Teacher Education, Certification, Staff Development,
11 and Professional Practices of the Department of Education, any
12 district school board, or any local governmental entity which
13 licenses child care facilities.
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15 (Renumber subsequent sections)
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19 And the title is amended as follows:
20 On page 1, line 18, after "repeal;"
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22 insert:
23 amending s. 943.059, F.S.; providing sealed
24 criminal history records to the department
25 under certain circumstances;
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