CODING: Words stricken are deletions; words underlined are additions.





                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2101

    Amendment No. 01 (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 5                                           ORIGINAL STAMP BELOW

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10                                                                

11  The Committee on Governmental Operations offered the

12  following:

13

14         Amendment (with directory language amendment) 

15         On page 6, between lines 20 & 21, of the bill

16         insert:

17         (a)  The person who is the subject of a criminal

18  history record that is expunged under this section or under

19  other provisions of law, including former s. 893.14, former s.

20  901.33, and former s. 943.058, may lawfully deny or fail to

21  acknowledge the arrests covered by the expunged record, except

22  when the subject of the record:

23         1.  Is a candidate for employment with a criminal

24  justice agency;

25         2.  Is a defendant in a criminal prosecution;

26         3.  Concurrently or subsequently petitions for relief

27  under this section or s.943.059;

28         4.  Is a candidate for admission to The Florida Bar;

29         5.  Is seeking to be employed or licensed by or to

30  contract with the Department of Children and Family Services

31  or the Department of Juvenile Justice or to be employed or

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2101

    Amendment No. 01 (for drafter's use only)





 1  used by such contractor or licensee in a sensitive position

 2  having direct contact with children, the developmentally

 3  disabled, the aged, or the elderly as provided in s.

 4  110.1127(3), s. 393.063(15), s. 394.4572(1), s. 397.451, s.

 5  402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4), s.

 6  415.1075(4), s. 985.407, or chapter 400; or

 7         6.  Is seeking to be employed or licensed by the Office

 8  of Teacher Education, Certification, Staff Development, and

 9  Professional Practices of the Department of Education, any

10  district school board, or any local governmental entity that

11  licenses child care facilities; or.

12         7.  Is seeking to be employed or licensed by or to

13  contract with the Department of Health or to be employed or

14  used by such contractor or licensee in a sensitive position

15  having direct contact with children, the developmentally

16  disabled, the aged, or the elderly as provided in s.

17  110.1127(3), s. 393.063(15), s. 394.4572(1), s. 397.451, s.

18  402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4), s.

19  415.1075(4), s. 985.407, or chapter 400.

20         (b)  Subject to the exceptions in paragraph (a), a

21  person who has been granted an expunction under this section,

22  former s. 893.14, former s. 901.33, or former s. 943.058 may

23  not be held under any provision of law of this state to commit

24  perjury or to be otherwise liable for giving a false statement

25  by reason of such person's failure to recite or acknowledge an

26  expunged criminal history record.

27

28

29  == D I R E C T O R Y   L A N G U A G E   A M E N D M E N T ==

30  And the directory language is amended as follows:

31         On page 4, lines 22 and 23,

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    hgo0002                     10:13 am         02101-go  -525991




                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2101

    Amendment No. 01 (for drafter's use only)





 1  remove:  all of said lines

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 3  and insert in lieu thereof:

 4         Section 5.  Paragraphs (a) and (c) of subsection (4) of

 5  section 943.0585, Florida Statutes, are amended to read:

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    File original & 9 copies    04/06/00
    hgo0002                     10:13 am         02101-go  -525991