House Bill hb1425c1

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    Florida House of Representatives - 2001             CS/HB 1425

        By the Council for Healthy Communities and Representatives
    Bowen, Spratt and Heyman





  1                      A bill to be entitled

  2         An act relating to law enforcement; amending s.

  3         943.031, F.S.; renaming the Florida Violent

  4         Crime Council as the Florida Violent Crime and

  5         Drug Control Council; revising membership;

  6         providing circumstances for additional

  7         meetings; prescribing the duties and

  8         responsibilities of the Florida Violent Crime

  9         and Drug Control Council; providing statutory

10         limits on funding of investigative efforts by

11         the council; authorizing the Victim and Witness

12         Protection Review Committee to conduct meetings

13         by teleconference under certain circumstances;

14         amending s. 943.17, F.S.; conforming a

15         reference; amending s. 943.042, F.S.; renaming

16         the Violent Crime Emergency Account as the

17         Violent Crime Investigative Emergency and Drug

18         Control Strategy Implementation Account;

19         revising provisions relating to use of

20         emergency supplemental funds; clarifying limits

21         on disbursement of funds for certain purposes;

22         requiring the Department of Law Enforcement to

23         adopt rules pertaining to certain

24         investigations; requiring reports by recipient

25         agencies; providing circumstances for

26         limitation or termination of funding or return

27         of funds by recipient agencies; amending s.

28         943.0585, F.S., relating to court-ordered

29         expunction of certain criminal history records;

30         adding sexual offenses that require an offender

31         to register with the state to the list of

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  1         excluded offenses; amending s. 943.059, F.S.,

  2         relating to court-ordered sealing of certain

  3         criminal history records; adding offenses

  4         relating to sexual offenses that require an

  5         offender to register with the state to the list

  6         of excluded offenses; amending s. 943.325,

  7         F.S.; permitting collection of approved

  8         biological specimens other than blood for

  9         purposes of DNA testing; permitting collection

10         of specimens from certain persons who have

11         never been incarcerated; limiting liability;

12         authorizing use of force to collect specimens

13         under certain circumstances; amending s.

14         760.40, F.S., to conform to changes made by s.

15         943.325, F.S.; creating s. 843.167, F.S.;

16         prohibiting the interception of police

17         communications for certain purposes;

18         prohibiting disclosure of police

19         communications; providing presumptions;

20         providing penalties; amending s. 943.053, F.S.;

21         providing clarification of the manner in which

22         the Department of Law Enforcement determines

23         the actual cost of producing criminal history

24         information; creating s. 943.0582, F.S.;

25         providing for prearrest, postarrest, or teen

26         court diversion program expunction under

27         certain circumstances; providing definitions;

28         providing for retroactive effect; amending s.

29         985.3065, F.S.; providing for postarrest

30         diversion programs; providing for expunction of

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  1         certain records pursuant to s. 943.0582, F.S.;

  2         providing an effective date.

  3

  4  Be It Enacted by the Legislature of the State of Florida:

  5

  6         Section 1.  Section 943.031, Florida Statutes, is

  7  amended to read:

  8         943.031  Florida Violent Crime and Drug Control

  9  Council.--The Legislature finds that there is a need to

10  develop and implement a statewide strategy to address violent

11  criminal activity and drug control efforts by state and local

12  law enforcement agencies, including investigations of illicit

13  money laundering. In recognition of this need, the Florida

14  Violent Crime and Drug Control Council is created within the

15  department. The council shall serve in an advisory capacity to

16  the department.

17         (1)  MEMBERSHIP.--The council shall consist of 14 12

18  members, as follows:

19         (a)  The Attorney General or a designate.

20         (b)  A designate of the executive director of the

21  Department of Law Enforcement.

22         (c)  The secretary of the Department of Corrections or

23  a designate.

24         (d)  The Secretary of Juvenile Justice or a designate.

25         (e)  The Commissioner of Education or a designate.

26         (f)  The president of the Florida Network of

27  Victim/Witness Services, Inc., or a designate.

28         (g)  The director of the Office of Drug Control within

29  the Executive Office of the Governor, or a designate.

30         (h)  The Comptroller, or a designate.

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  1         (i)(g)  Six members appointed by the Governor,

  2  consisting of two sheriffs, two chiefs of police, one medical

  3  examiner, and one state attorney or their designates.

  4

  5  The Governor, when making appointments under this subsection,

  6  must take into consideration representation by geography,

  7  population, ethnicity, and other relevant factors to ensure

  8  that the membership of the council is representative of the

  9  state at large. Designates appearing on behalf of a council

10  member who is unable to attend a meeting of the council are

11  empowered to vote on issues before the council to the same

12  extent the designating council member is so empowered.

13         (2)  TERMS OF MEMBERSHIP; OFFICERS; COMPENSATION;

14  STAFF.--

15         (a)  Members appointed by the Governor shall be

16  appointed for terms of 2 years. The other members are standing

17  members of the council. In no event shall a member serve

18  beyond the time he or she ceases to hold the office or

19  employment which was the basis for appointment to the council.

20  In the event of a vacancy, an appointment to fill the vacancy

21  shall be only for the unexpired term.

22         (b)  The Legislature finds that the council serves a

23  legitimate state, county, and municipal purpose and that

24  service on the council is consistent with a member's principal

25  service in a public office or employment. Membership on the

26  council does not disqualify a member from holding any other

27  public office or being employed by a public entity, except

28  that no member of the Legislature shall serve on the council.

29         (c)  The members of the council shall elect a chair and

30  a vice chair every 2 years, to serve for a 2-year term. As

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  1  deemed appropriate, other officers may be elected by the

  2  members.

  3         (d)  Members of the council or their designates shall

  4  serve without compensation but are entitled to reimbursement

  5  for per diem and travel expenses pursuant to s. 112.061.

  6  Reimbursements made pursuant to this paragraph may shall be

  7  paid from either the Violent Crime Investigative Emergency and

  8  Drug Control Strategy Implementation Account within the

  9  Department of Law Enforcement Operating Trust Fund or from

10  other appropriations provided to the department by the

11  Legislature in the General Appropriations Act.

12         (e)  The department shall provide the council with

13  staff necessary to assist the council in the performance of

14  its duties.

15         (3)  MEETINGS.--The council must meet at least

16  semiannually. Additional meetings may be held when it is

17  determined deemed appropriate by the chair that extraordinary

18  circumstances require an additional meeting of the council or

19  a majority of the council members. A majority of the members

20  of the council constitutes a quorum.

21         (4)  DUTIES OF COUNCIL.--The council shall provide

22  advice and make recommendations, as necessary, to the

23  executive director of the department.

24         (a)  The council may advise the executive director on

25  the feasibility of undertaking initiatives which include, but

26  are not limited to, the following:

27         1.  Establishing a program which provides grants to

28  criminal justice agencies that develop and implement effective

29  violent crime prevention and investigative programs and which

30  provides grants to law enforcement agencies for the purpose of

31  drug control and illicit money laundering investigative

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  1  efforts or task force efforts that are determined by the

  2  council to significantly contribute to achieving the state's

  3  goal of reducing drug-related crime as articulated by the

  4  Office of Drug Control, that represent a significant illicit

  5  money laundering investigative effort, or that otherwise

  6  significantly support statewide strategies developed by the

  7  Statewide Drug Policy Advisory Council established under s.

  8  397.333, subject to the limitations provided in this section.

  9  The grant program may shall include an innovations grant

10  program to provide startup funding for new initiatives by

11  local and state law enforcement agencies to combat violent

12  crime or to implement drug control or illicit money laundering

13  investigative efforts or task force efforts by law enforcement

14  agencies, including, but not limited to, initiatives such as:

15         a.  Providing Provision of enhanced community-oriented

16  policing.

17         b.  Providing Provision of additional undercover

18  officers and other investigative officers to assist with

19  violent crime investigations in emergency situations.

20         c.  Providing funding for multiagency or statewide drug

21  control or illicit money laundering investigative efforts or

22  task force efforts that cannot be reasonably funded completely

23  by alternative sources and that significantly contribute to

24  achieving the state's goal of reducing drug-related crime as

25  articulated by the Office of Drug Control, that represent a

26  significant illicit money laundering investigative effort, or

27  that otherwise significantly support statewide strategies

28  developed by the Statewide Drug Policy Advisory Council

29  established under s. 397.333.

30         2.  Creating a criminal justice research and behavioral

31  science center. The center shall provide key support to local

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  1  law enforcement agencies undertaking unique or emergency

  2  violent crime investigations, including the mobilization of

  3  special task forces to directly target violent crime in

  4  specific areas.

  5         2.3.  Expanding the use of automated fingerprint

  6  identification systems at the state and local level.

  7         3.4.  Identifying methods to prevent violent crime.

  8         4.  Identifying methods to enhance multiagency or

  9  statewide drug control or illicit money laundering

10  investigative efforts or task force efforts that significantly

11  contribute to achieving the state's goal of reducing

12  drug-related crime as articulated by the Office of Drug

13  Control, that represent a significant illicit money laundering

14  investigative effort, or that otherwise significantly support

15  statewide strategies developed by the Statewide Drug Policy

16  Advisory Council established under s. 397.333.

17         5.  Enhancing criminal justice training programs which

18  address violent crime, drug control, or illicit money

19  laundering investigative techniques or efforts.

20         6.  Developing and promoting crime prevention services

21  and educational programs that serve the public, including, but

22  not limited to:

23         a.  Enhanced victim and witness counseling services

24  that also provide crisis intervention, information referral,

25  transportation, and emergency financial assistance.

26         b.  A well-publicized rewards program for the

27  apprehension and conviction of criminals who perpetrate

28  violent crimes.

29         7.  Enhancing information sharing and assistance in the

30  criminal justice community by expanding the use of community

31  partnerships and community policing programs. Such expansion

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  1  may include the use of civilian employees or volunteers to

  2  relieve law enforcement officers of clerical work in order to

  3  enable the officers to concentrate on street visibility within

  4  the community.

  5         (b)  Additionally, The council shall:

  6         1.  Receive periodic reports from Advise the executive

  7  director on the creation of regional violent crime

  8  investigation and statewide drug control strategy

  9  implementation coordinating teams which relate to violent

10  crime trends or the investigative needs or successes in the

11  regions, factors and trends relevant to the implementation of

12  the statewide drug strategy, and the results of drug control

13  and illicit money laundering investigative efforts funded in

14  part by the council.

15         2.  Maintain and utilize Develop criteria for the

16  disbursement of funds from the Violent Crime Investigative

17  Emergency and Drug Control Strategy Implementation Account

18  within the Department of Law Enforcement Operating Trust Fund

19  or other appropriations provided to the Department of Law

20  Enforcement by the Legislature in the General Appropriations

21  Act. The criteria shall allow for the advancement of funds as

22  approved by the council.

23         3.  Review and approve all requests for disbursement of

24  funds from the Violent Crime Investigative Emergency and Drug

25  Control Strategy Implementation Account within the Department

26  of Law Enforcement Operating Trust Fund and from other

27  appropriations provided to the department by the Legislature

28  in the General Appropriations Act. An expedited approval

29  procedure shall be established for rapid disbursement of funds

30  in violent crime emergency situations.

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  1         4.  Advise the executive director on the development of

  2  a statewide violent crime information system.

  3         (5)  REPORTS.--The council shall report annually on its

  4  activities, on or before December 30 of each calendar year, to

  5  the executive director, the President of the Senate, the

  6  Speaker of the House of Representatives, and the chairs of the

  7  Senate and House committees having principal jurisdiction over

  8  criminal law chairs of the Committees on Criminal Justice in

  9  both chambers. Comments and responses of the executive

10  director to the report are to be included must respond to the

11  annual report and any other recommendations of the council in

12  writing. All written responses must be forwarded to the

13  council members, the President of the Senate, the Speaker of

14  the House of Representatives, and the chairs of the Committees

15  on Criminal Justice in both chambers.

16         (6)  VICTIM AND WITNESS PROTECTION REVIEW COMMITTEE.--

17         (a)  The Victim and Witness Protection Review Committee

18  is created within the Florida Violent Crime and Drug Control

19  Council, consisting of the statewide prosecutor or a state

20  attorney, a sheriff, a chief of police, and the designee of

21  the executive director of the Department of Law Enforcement.

22  The committee shall be appointed from the membership of the

23  council by the chair of the council after the chair has

24  consulted with the executive director of the Department of Law

25  Enforcement. Committee members shall meet in conjunction with

26  the meetings of the council.

27         (b)  The committee shall:

28         1.  Maintain and utilize Develop criteria for

29  disbursing funds to reimburse law enforcement agencies for

30  costs associated with providing victim and witness protective

31  or temporary relocation services.

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  1         2.  Review and approve or deny, in whole or in part,

  2  all reimbursement requests submitted by law enforcement

  3  agencies.

  4         (c)  The lead law enforcement agency providing victim

  5  or witness protective or temporary relocation services

  6  pursuant to the provisions of s. 914.25 may submit a request

  7  for reimbursement to the Victim and Witness Protection Review

  8  Committee in a format approved by the committee. The lead law

  9  enforcement agency shall submit such reimbursement request on

10  behalf of all law enforcement agencies that cooperated in

11  providing protective or temporary relocation services related

12  to a particular criminal investigation or prosecution. As part

13  of the reimbursement request, the lead law enforcement agency

14  must indicate how any reimbursement proceeds will be

15  distributed among the agencies that provided protective or

16  temporary relocation services.

17         (d)  The committee, in its discretion, may use funds

18  available to the committee to provide all or partial

19  reimbursement to the lead law enforcement agency for such

20  costs, or may decline to provide any reimbursement.

21         (e)  The committee may conduct its meeting by

22  teleconference or conference phone calls when the chair of the

23  committee finds that the need for reimbursement is such that

24  delaying until the next scheduled council meeting will

25  adversely affect the requesting agency's ability to provide

26  the protection services.

27         (7)  CONFIDENTIALITY; EXEMPTED PORTIONS OF COUNCIL

28  MEETINGS AND RECORDS.--

29         (a)1.  The Legislature finds that during limited

30  portions of the meetings of the Florida Violent Crime and Drug

31  Control Council it is necessary that the council be presented

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  1  with and discuss details, information, and documents related

  2  to active criminal investigations or matters constituting

  3  active criminal intelligence, as those concepts are defined by

  4  s. 119.011. These presentations and discussions are necessary

  5  for the council to make its funding decisions as required by

  6  the Legislature. The Legislature finds that to reveal the

  7  contents of documents containing active criminal investigative

  8  or intelligence information or to allow active criminal

  9  investigative or active criminal intelligence matters to be

10  discussed in a meeting open to the public negatively impacts

11  the ability of law enforcement agencies to efficiently

12  continue their investigative or intelligence gathering

13  activities. The Legislature finds that information coming

14  before the council that pertains to active criminal

15  investigations or intelligence should remain confidential and

16  exempt from public disclosure. The Legislature finds that the

17  Florida Violent Crime and Drug Control Council may, by

18  declaring only those portions of council meetings in which

19  active criminal investigative or active criminal intelligence

20  information is to be presented or discussed closed to the

21  public, assure an appropriate balance between the policy of

22  this state that meetings be public and the policy of this

23  state to facilitate efficient law enforcement efforts.

24         2.  The Legislature finds that it is a public necessity

25  that portions of the meetings of the Florida Violent Crime and

26  Drug Control Council be closed when the confidential details,

27  information, and documents related to active criminal

28  investigations or matters constituting active criminal

29  intelligence are discussed. The Legislature further finds that

30  it is no less a public necessity that portions of public

31  records generated at closed council meetings, such as tape

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  1  recordings, minutes, and notes, memorializing the discussions

  2  regarding such confidential details, information, and

  3  documents related to active criminal investigations or matters

  4  constituting active criminal intelligence, also shall be held

  5  confidential.

  6         (b)  The Florida Violent Crime and Drug Control Council

  7  shall be considered a "criminal justice agency" within the

  8  definition of s. 119.011(4).

  9         (c)1.  The Florida Violent Crime and Drug Control

10  Council may close portions of meetings during which the

11  council will hear or discuss active criminal investigative

12  information or active criminal intelligence information, and

13  such portions of meetings shall be exempt from the provisions

14  of s. 286.011 and s. 24(b), Art. I of the State Constitution,

15  provided that the following conditions are met:

16         a.  The chair of the council shall advise the council

17  at a public meeting that, in connection with the performance

18  of a council duty, it is necessary that the council hear or

19  discuss active criminal investigative information or active

20  criminal intelligence information.

21         b.  The chair's declaration of necessity for closure

22  and the specific reasons for such necessity shall be stated in

23  writing in a document that shall be a public record and shall

24  be filed with the official records of the council.

25         c.  The entire closed session shall be recorded. The

26  recording shall include the times of commencement and

27  termination of the closed session, all discussion and

28  proceedings, and the names of all persons present. No portion

29  of the session shall be off the record. Such recording shall

30  be maintained by the council, and is exempt from the

31  provisions of s. 119.07(1) and s. 24(a), Art. I of the State

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  1  Constitution until such time as the criminal investigative

  2  information or criminal intelligence information that

  3  justifies closure ceases to be active, at which time the

  4  portion of the record related to the no longer active

  5  information or intelligence shall be open for public

  6  inspection and copying.

  7

  8  The exemption in this paragraph is subject to the Open

  9  Government Sunset Review Act of 1995 in accordance with s.

10  119.15 and shall stand repealed on October 2, 2002, unless

11  reviewed and saved from repeal through reenactment by the

12  Legislature.

13         2.  Only members of the council, Department of Law

14  Enforcement staff supporting the council's function, and other

15  persons whose presence has been authorized by chair of the

16  council shall be allowed to attend the exempted portions of

17  the council meetings. The council shall assure that any

18  closure of its meetings as authorized by this section is

19  limited so that the general policy of this state in favor of

20  public meetings is maintained.

21         (d)  Those portions of any public record, such as a

22  tape recording, minutes, and notes, generated during that

23  portion of a Florida Violent Crime and Drug Control Council

24  meeting which is closed to the public pursuant to this

25  section, which contain information relating to active criminal

26  investigations or matters constituting active criminal

27  intelligence, are confidential and exempt from the provisions

28  of s. 119.07(1) and s. 24(a), Art. I of the State Constitution

29  until such criminal investigative information or criminal

30  intelligence information ceases to be active. The exemptions

31  in this paragraph are subject to the Open Government Sunset

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  1  Review Act of 1995 in accordance with s. 119.15 and shall

  2  stand repealed on October 2, 2002, unless reviewed and saved

  3  from repeal through reenactment by the Legislature.

  4         Section 2.  Subsection (5) of section 943.17, Florida

  5  Statutes, is amended to read:

  6         943.17  Basic recruit, advanced, and career development

  7  training programs; participation; cost; evaluation.--The

  8  commission shall, by rule, design, implement, maintain,

  9  evaluate, and revise job-related curricula and performance

10  standards for basic recruit, advanced, and career development

11  training programs and courses.  The rules shall include, but

12  are not limited to, a methodology to assess relevance of the

13  subject matter to the job, student performance, and instructor

14  competency.

15         (5)  The commission, in consultation with the Florida

16  Violent Crime and Drug Control Council, shall establish

17  standards for basic and advanced training programs for law

18  enforcement officers in the subjects of investigating and

19  preventing violent crime. After January 1, 1995, every basic

20  skills course required in order for law enforcement officers

21  to obtain initial certification must include training on

22  violent crime prevention and investigations.

23         Section 3.  Section 943.042, Florida Statutes, is

24  amended to read:

25         943.042  Violent Crime Investigative Emergency and Drug

26  Control Strategy Implementation Account within the Department

27  of Law Enforcement Operating Trust Fund.--

28         (1)  There is created a Violent Crime Investigative

29  Emergency and Drug Control Strategy Implementation Account

30  within the Department of Law Enforcement Operating Trust Fund.

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  1  The account shall be used to provide emergency supplemental

  2  funds to:

  3         (a)  State and local law enforcement agencies which are

  4  involved in complex and lengthy violent crime investigations,

  5  or matching funding to multiagency or statewide drug control

  6  or illicit money laundering investigative efforts or task

  7  force efforts that significantly contribute to achieving the

  8  state's goal of reducing drug-related crime as articulated by

  9  the Office of Drug Control, that represent a significant

10  illicit money laundering investigative effort, or that

11  otherwise significantly support statewide strategies developed

12  by the Statewide Drug Policy Advisory Council established

13  under s. 397.333;

14         (b)  State and local law enforcement agencies which are

15  involved in violent crime investigations which constitute a

16  significant emergency within the state; or

17         (c)  Counties which demonstrate a significant hardship

18  or an inability to cover extraordinary expenses associated

19  with a violent crime trial.

20         (2)  In consultation with the Florida Violent Crime and

21  Drug Control Council, the department must maintain promulgate

22  rules which, at minimum, address the following:

23         (a)  Criteria for determining what constitutes a

24  complex and lengthy violent crime investigation for the

25  purpose of this section.

26         (b)  Criteria for determining those violent crime

27  investigations which constitute a significant emergency within

28  the state for the purpose of this section.

29         (c)  Criteria for determining the circumstances under

30  which counties may receive emergency supplemental funds for

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  1  extraordinary expenses associated with a violent crime trial

  2  under this section.

  3         (d)  Guidelines which establish a $100,000 maximum

  4  limit limits on the amount that may be disbursed on a single

  5  investigation and a $200,000 maximum limit on funds that may

  6  be provided to a single agency during the agency's fiscal

  7  year.

  8         (e)  Procedures for law enforcement agencies to use

  9  when applying for funds, including certification by the head

10  of the agency that a request complies with the requirements

11  established by the council.

12         (f)  Annual evaluation and audit of the trust fund.

13         (3)  With regard to the funding of drug control or

14  illicit money laundering investigative efforts or task force

15  efforts, the department shall adopt rules which, at a minimum,

16  address the following:

17         (a)  Criteria for determining what constitutes a

18  multiagency or statewide drug control or illicit money

19  laundering investigative effort or task force effort eligible

20  to seek funding under this section.

21         (b)  Criteria for determining whether a multiagency or

22  statewide investigation or task force effort significantly

23  contributes to achieving the state's goals and strategies.

24         (c)  Limitations upon the amount that may be disbursed

25  yearly to a single multiagency or statewide drug control or

26  illicit money laundering investigation or task force effort.

27         (d)  Procedures to utilize when applying for funds,

28  including a required designation of the amount of matching

29  funds being provided by the task force or participating

30  agencies and a signed commitment by the head of each agency

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  1  seeking funds that funds so designated will be utilized as

  2  represented if council funding is provided.

  3         (e)  Requirements to expend funds provided by the

  4  council in the manner authorized by the council, and a method

  5  of accounting for the receipt, use, and disbursement of any

  6  funds expended in drug control or illicit money laundering

  7  investigative efforts or task force efforts funded in part

  8  under the authority of this section.

  9         (f)  Requirements for reporting by recipient agencies

10  on the performance and accomplishments secured by the

11  investigative or task force efforts, including a requirement

12  that the reports demonstrate how the state's drug control

13  goals and strategies have been promoted by the efforts, and

14  how other investigative goals have been met, including arrests

15  made by such efforts, results of prosecutions based on such

16  arrests, impact upon organized criminal enterprise structures

17  by reason of such efforts, property or currency seizures made,

18  illicit money laundering operations disrupted or otherwise

19  impacted, forfeiture of assets by reason of such efforts, and

20  anticipated or actual utilization of assets received by reason

21  of a forfeiture based in whole or in part upon an

22  investigation funded in whole or in part by council funds.

23         (4)(3)(a)  Except as permitted in this section, a

24  disbursement from for the Violent Crime Investigative

25  Emergency and Drug Control Strategy Implementation Account

26  shall not be used to supplant existing appropriations of state

27  and local law enforcement agencies and counties or to

28  otherwise fund expenditures that are ordinary or reasonably

29  predictable for the operation of a state or local law

30  enforcement agency.

31

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  1         (b)  The moneys placed in the account shall consist of

  2  appropriations from the Legislature or moneys received from

  3  any other public or private source. Any local law enforcement

  4  agency that acquires funds pursuant to the Florida Contraband

  5  Forfeiture Act or any other forfeiture action is authorized to

  6  donate a portion of such funds to the account.

  7         (c)  Upon a finding by a majority of the members of the

  8  council, any unexcused failure by recipient agencies or task

  9  forces to utilize funds in the manner authorized by this

10  section and the Florida Violent Crime and Drug Control

11  Council, or to timely provide required accounting records,

12  reports, or other information requested by the council or by

13  the department related to funding requested or provided,

14  shall:

15         1.  Constitute a basis for a demand by the council for

16  the immediate return of all or any portion of funds previously

17  provided to the recipient by the council; and

18         2.  Result in termination or limitation of any pending

19  funding by the council under this section,

20

21  and may, upon specific direction of a majority of the council,

22  result in disqualification of the involved agencies or task

23  forces from consideration for additional or future funding for

24  investigative efforts as described in this section for a

25  period of not more than 2 years following the council's

26  action. The council, through the department, is authorized to

27  pursue any collection remedies necessary if a recipient agency

28  fails to return funds as demanded.

29         Section 4.  Section 943.0585, Florida Statutes, is

30  amended to read:

31

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  1         943.0585  Court-ordered expunction of criminal history

  2  records.--The courts of this state have jurisdiction over

  3  their own procedures, including the maintenance, expunction,

  4  and correction of judicial records containing criminal history

  5  information to the extent such procedures are not inconsistent

  6  with the conditions, responsibilities, and duties established

  7  by this section. Any court of competent jurisdiction may order

  8  a criminal justice agency to expunge the criminal history

  9  record of a minor or an adult who complies with the

10  requirements of this section. The court shall not order a

11  criminal justice agency to expunge a criminal history record

12  until the person seeking to expunge a criminal history record

13  has applied for and received a certificate of eligibility for

14  expunction pursuant to subsection (2). A criminal history

15  record that relates to a violation of s. 787.025, chapter 794,

16  s. 796.03, s. 800.04, s. 817.034, s. 825.1025, s. 827.071,

17  chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s.

18  893.135, or a violation enumerated in s. 907.041 may not be

19  expunged, without regard to whether adjudication was withheld,

20  if the defendant was found guilty of or pled guilty or nolo

21  contendere to the offense, or if the defendant, as a minor,

22  was found to have committed, or pled guilty or nolo contendere

23  to committing, the offense as a delinquent act. The court may

24  only order expunction of a criminal history record pertaining

25  to one arrest or one incident of alleged criminal activity,

26  except as provided in this section. The court may, at its sole

27  discretion, order the expunction of a criminal history record

28  pertaining to more than one arrest if the additional arrests

29  directly relate to the original arrest. If the court intends

30  to order the expunction of records pertaining to such

31  additional arrests, such intent must be specified in the

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  1  order. A criminal justice agency may not expunge any record

  2  pertaining to such additional arrests if the order to expunge

  3  does not articulate the intention of the court to expunge a

  4  record pertaining to more than one arrest. This section does

  5  not prevent the court from ordering the expunction of only a

  6  portion of a criminal history record pertaining to one arrest

  7  or one incident of alleged criminal activity. Notwithstanding

  8  any law to the contrary, a criminal justice agency may comply

  9  with laws, court orders, and official requests of other

10  jurisdictions relating to expunction, correction, or

11  confidential handling of criminal history records or

12  information derived therefrom. This section does not confer

13  any right to the expunction of any criminal history record,

14  and any request for expunction of a criminal history record

15  may be denied at the sole discretion of the court.

16         (1)  PETITION TO EXPUNGE A CRIMINAL HISTORY

17  RECORD.--Each petition to a court to expunge a criminal

18  history record is complete only when accompanied by:

19         (a)  A certificate of eligibility for expunction issued

20  by the department pursuant to subsection (2).

21         (b)  The petitioner's sworn statement attesting that

22  the petitioner:

23         1.  Has never, prior to the date on which the petition

24  is filed, been adjudicated guilty of a criminal offense or

25  comparable ordinance violation or adjudicated delinquent for

26  committing a felony or a misdemeanor specified in s.

27  943.051(3)(b).

28         2.  Has not been adjudicated guilty of, or adjudicated

29  delinquent for committing, any of the acts stemming from the

30  arrest or alleged criminal activity to which the petition

31  pertains.

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  1         3.  Has never secured a prior sealing or expunction of

  2  a criminal history record under this section, former s.

  3  893.14, former s. 901.33, or former s. 943.058, or from any

  4  jurisdiction outside the state.

  5         4.  Is eligible for such an expunction to the best of

  6  his or her knowledge or belief and does not have any other

  7  petition to expunge or any petition to seal pending before any

  8  court.

  9

10  Any person who knowingly provides false information on such

11  sworn statement to the court commits a felony of the third

12  degree, punishable as provided in s. 775.082, s. 775.083, or

13  s. 775.084.

14         (2)  CERTIFICATE OF ELIGIBILITY FOR EXPUNCTION.--Prior

15  to petitioning the court to expunge a criminal history record,

16  a person seeking to expunge a criminal history record shall

17  apply to the department for a certificate of eligibility for

18  expunction. The department shall, by rule adopted pursuant to

19  chapter 120, establish procedures pertaining to the

20  application for and issuance of certificates of eligibility

21  for expunction. The department shall issue a certificate of

22  eligibility for expunction to a person who is the subject of a

23  criminal history record if that person:

24         (a)  Has obtained, and submitted to the department, a

25  written, certified statement from the appropriate state

26  attorney or statewide prosecutor which indicates:

27         1.  That an indictment, information, or other charging

28  document was not filed or issued in the case.

29         2.  That an indictment, information, or other charging

30  document, if filed or issued in the case, was dismissed or

31

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  1  nolle prosequi by the state attorney or statewide prosecutor,

  2  or was dismissed by a court of competent jurisdiction.

  3         3.  That the criminal history record does not relate to

  4  a violation of s. 787.025, chapter 794, s. 796.03, s. 800.04,

  5  s. 817.034, s. 825.1025, s. 827.071, chapter 839, s. 847.0133,

  6  s. 847.0135, s. 847.0145, s. 893.135, or a violation

  7  enumerated in s. 907.041, where the defendant was found guilty

  8  of, or pled guilty or nolo contendere to any such offense, or

  9  that the defendant, as a minor, was found to have committed,

10  or pled guilty or nolo contendere to committing, such an

11  offense as a delinquent act, without regard to whether

12  adjudication was withheld.

13         (b)  Remits a $75 processing fee to the department for

14  placement in the Department of Law Enforcement Operating Trust

15  Fund, unless such fee is waived by the executive director.

16         (c)  Has submitted to the department a certified copy

17  of the disposition of the charge to which the petition to

18  expunge pertains.

19         (d)  Has never, prior to the date on which the

20  application for a certificate of eligibility is filed, been

21  adjudicated guilty of a criminal offense or comparable

22  ordinance violation or adjudicated delinquent for committing a

23  felony or a misdemeanor specified in s. 943.051(3)(b).

24         (e)  Has not been adjudicated guilty of, or adjudicated

25  delinquent for committing, any of the acts stemming from the

26  arrest or alleged criminal activity to which the petition to

27  expunge pertains.

28         (f)  Has never secured a prior sealing or expunction of

29  a criminal history record under this section, former s.

30  893.14, former s. 901.33, or former s. 943.058.

31

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  1         (g)  Is no longer under court supervision applicable to

  2  the disposition of the arrest or alleged criminal activity to

  3  which the petition to expunge pertains.

  4         (h)  Is not required to wait a minimum of 10 years

  5  prior to being eligible for an expunction of such records

  6  because all charges related to the arrest or criminal activity

  7  to which the petition to expunge pertains were dismissed prior

  8  to trial, adjudication, or the withholding of adjudication.

  9  Otherwise, such criminal history record must be sealed under

10  this section, former s. 893.14, former s. 901.33, or former s.

11  943.058 for at least 10 years before such record is eligible

12  for expunction.

13         (3)  PROCESSING OF A PETITION OR ORDER TO EXPUNGE.--

14         (a)  In judicial proceedings under this section, a copy

15  of the completed petition to expunge shall be served upon the

16  appropriate state attorney or the statewide prosecutor and

17  upon the arresting agency; however, it is not necessary to

18  make any agency other than the state a party. The appropriate

19  state attorney or the statewide prosecutor and the arresting

20  agency may respond to the court regarding the completed

21  petition to expunge.

22         (b)  If relief is granted by the court, the clerk of

23  the court shall certify copies of the order to the appropriate

24  state attorney or the statewide prosecutor and the arresting

25  agency. The arresting agency is responsible for forwarding the

26  order to any other agency to which the arresting agency

27  disseminated the criminal history record information to which

28  the order pertains. The department shall forward the order to

29  expunge to the Federal Bureau of Investigation. The clerk of

30  the court shall certify a copy of the order to any other

31

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  1  agency which the records of the court reflect has received the

  2  criminal history record from the court.

  3         (c)  For an order to expunge entered by a court prior

  4  to July 1, 1992, the department shall notify the appropriate

  5  state attorney or statewide prosecutor of an order to expunge

  6  which is contrary to law because the person who is the subject

  7  of the record has previously been convicted of a crime or

  8  comparable ordinance violation or has had a prior criminal

  9  history record sealed or expunged. Upon receipt of such

10  notice, the appropriate state attorney or statewide prosecutor

11  shall take action, within 60 days, to correct the record and

12  petition the court to void the order to expunge. The

13  department shall seal the record until such time as the order

14  is voided by the court.

15         (d)  On or after July 1, 1992, the department or any

16  other criminal justice agency is not required to act on an

17  order to expunge entered by a court when such order does not

18  comply with the requirements of this section. Upon receipt of

19  such an order, the department must notify the issuing court,

20  the appropriate state attorney or statewide prosecutor, the

21  petitioner or the petitioner's attorney, and the arresting

22  agency of the reason for noncompliance. The appropriate state

23  attorney or statewide prosecutor shall take action within 60

24  days to correct the record and petition the court to void the

25  order. No cause of action, including contempt of court, shall

26  arise against any criminal justice agency for failure to

27  comply with an order to expunge when the petitioner for such

28  order failed to obtain the certificate of eligibility as

29  required by this section or such order does not otherwise

30  comply with the requirements of this section.

31

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  1         (4)  EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.--Any

  2  criminal history record of a minor or an adult which is

  3  ordered expunged by a court of competent jurisdiction pursuant

  4  to this section must be physically destroyed or obliterated by

  5  any criminal justice agency having custody of such record;

  6  except that any criminal history record in the custody of the

  7  department must be retained in all cases. A criminal history

  8  record ordered expunged that is retained by the department is

  9  confidential and exempt from the provisions of s. 119.07(1)

10  and s. 24(a), Art. I of the State Constitution and not

11  available to any person or entity except upon order of a court

12  of competent jurisdiction. A criminal justice agency may

13  retain a notation indicating compliance with an order to

14  expunge.

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

16  history record that is expunged under this section or under

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

18  901.33, and former s. 943.058, may lawfully deny or fail to

19  acknowledge the arrests covered by the expunged record, except

20  when the subject of the record:

21         1.  Is a candidate for employment with a criminal

22  justice agency;

23         2.  Is a defendant in a criminal prosecution;

24         3.  Concurrently or subsequently petitions for relief

25  under this section or s. 943.059;

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

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

28  contract with the Department of Children and Family Services

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

30  used by such contractor or licensee in a sensitive position

31  having direct contact with children, the developmentally

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

  2  110.1127(3), s. 393.063(15), s. 394.4572(1), s. 397.451, s.

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

  4  985.407, or chapter 400; or

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

  6  of Teacher Education, Certification, Staff Development, and

  7  Professional Practices of the Department of Education, any

  8  district school board, or any local governmental entity that

  9  licenses child care facilities.

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

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

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

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

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

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

16  expunged criminal history record.

17         (c)  Information relating to the existence of an

18  expunged criminal history record which is provided in

19  accordance with paragraph (a) is confidential and exempt from

20  the provisions of s. 119.07(1) and s. 24(a), Art. I of the

21  State Constitution, except that the department shall disclose

22  the existence of a criminal history record ordered expunged to

23  the entities set forth in subparagraphs (a)1., 4., 5., and 6.

24  for their respective licensing and employment purposes, and to

25  criminal justice agencies for their respective criminal

26  justice purposes. It is unlawful for any employee of an entity

27  set forth in subparagraph (a)1., subparagraph (a)4.,

28  subparagraph (a)5., or subparagraph (a)6. to disclose

29  information relating to the existence of an expunged criminal

30  history record of a person seeking employment or licensure

31  with such entity or contractor, except to the person to whom

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  1  the criminal history record relates or to persons having

  2  direct responsibility for employment or licensure decisions.

  3  Any person who violates this paragraph commits a misdemeanor

  4  of the first degree, punishable as provided in s. 775.082 or

  5  s. 775.083.

  6         (5)  STATUTORY REFERENCES.--Any reference to any other

  7  chapter, section, or subdivision of the Florida Statutes in

  8  this section constitutes a general reference under the

  9  doctrine of incorporation by reference.

10         Section 5.  Section 943.059, Florida Statutes, is

11  amended to read:

12         943.059  Court-ordered sealing of criminal history

13  records.--The courts of this state shall continue to have

14  jurisdiction over their own procedures, including the

15  maintenance, sealing, and correction of judicial records

16  containing criminal history information to the extent such

17  procedures are not inconsistent with the conditions,

18  responsibilities, and duties established by this section. Any

19  court of competent jurisdiction may order a criminal justice

20  agency to seal the criminal history record of a minor or an

21  adult who complies with the requirements of this section. The

22  court shall not order a criminal justice agency to seal a

23  criminal history record until the person seeking to seal a

24  criminal history record has applied for and received a

25  certificate of eligibility for sealing pursuant to subsection

26  (2). A criminal history record that relates to a violation of

27  s. 787.025, chapter 794, s. 796.03, s. 800.04, s. 817.034, s.

28  825.1025, s. 827.071, chapter 839, s. 847.0133, s. 847.0135,

29  s. 847.0145, s. 893.135, or a violation enumerated in s.

30  907.041 may not be sealed, without regard to whether

31  adjudication was withheld, if the defendant was found guilty

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  1  of or pled guilty or nolo contendere to the offense, or if the

  2  defendant, as a minor, was found to have committed or pled

  3  guilty or nolo contendere to committing the offense as a

  4  delinquent act. The court may only order sealing of a criminal

  5  history record pertaining to one arrest or one incident of

  6  alleged criminal activity, except as provided in this section.

  7  The court may, at its sole discretion, order the sealing of a

  8  criminal history record pertaining to more than one arrest if

  9  the additional arrests directly relate to the original arrest.

10  If the court intends to order the sealing of records

11  pertaining to such additional arrests, such intent must be

12  specified in the order. A criminal justice agency may not seal

13  any record pertaining to such additional arrests if the order

14  to seal does not articulate the intention of the court to seal

15  records pertaining to more than one arrest. This section does

16  not prevent the court from ordering the sealing of only a

17  portion of a criminal history record pertaining to one arrest

18  or one incident of alleged criminal activity. Notwithstanding

19  any law to the contrary, a criminal justice agency may comply

20  with laws, court orders, and official requests of other

21  jurisdictions relating to sealing, correction, or confidential

22  handling of criminal history records or information derived

23  therefrom. This section does not confer any right to the

24  sealing of any criminal history record, and any request for

25  sealing a criminal history record may be denied at the sole

26  discretion of the court.

27         (1)  PETITION TO SEAL A CRIMINAL HISTORY RECORD.--Each

28  petition to a court to seal a criminal history record is

29  complete only when accompanied by:

30         (a)  A certificate of eligibility for sealing issued by

31  the department pursuant to subsection (2).

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  1         (b)  The petitioner's sworn statement attesting that

  2  the petitioner:

  3         1.  Has never, prior to the date on which the petition

  4  is filed, been adjudicated guilty of a criminal offense or

  5  comparable ordinance violation or adjudicated delinquent for

  6  committing a felony or a misdemeanor specified in s.

  7  943.051(3)(b).

  8         2.  Has not been adjudicated guilty of or adjudicated

  9  delinquent for committing any of the acts stemming from the

10  arrest or alleged criminal activity to which the petition to

11  seal pertains.

12         3.  Has never secured a prior sealing or expunction of

13  a criminal history record under this section, former s.

14  893.14, former s. 901.33, former s. 943.058, or from any

15  jurisdiction outside the state.

16         4.  Is eligible for such a sealing to the best of his

17  or her knowledge or belief and does not have any other

18  petition to seal or any petition to expunge pending before any

19  court.

20

21  Any person who knowingly provides false information on such

22  sworn statement to the court commits a felony of the third

23  degree, punishable as provided in s. 775.082, s. 775.083, or

24  s. 775.084.

25         (2)  CERTIFICATE OF ELIGIBILITY FOR SEALING.--Prior to

26  petitioning the court to seal a criminal history record, a

27  person seeking to seal a criminal history record shall apply

28  to the department for a certificate of eligibility for

29  sealing. The department shall, by rule adopted pursuant to

30  chapter 120, establish procedures pertaining to the

31  application for and issuance of certificates of eligibility

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  1  for sealing. The department shall issue a certificate of

  2  eligibility for sealing to a person who is the subject of a

  3  criminal history record provided that such person:

  4         (a)  Has submitted to the department a certified copy

  5  of the disposition of the charge to which the petition to seal

  6  pertains.

  7         (b)  Remits a $75 processing fee to the department for

  8  placement in the Department of Law Enforcement Operating Trust

  9  Fund, unless such fee is waived by the executive director.

10         (c)  Has never, prior to the date on which the

11  application for a certificate of eligibility is filed, been

12  adjudicated guilty of a criminal offense or comparable

13  ordinance violation or adjudicated delinquent for committing a

14  felony or a misdemeanor specified in s. 943.051(3)(b).

15         (d)  Has not been adjudicated guilty of or adjudicated

16  delinquent for committing any of the acts stemming from the

17  arrest or alleged criminal activity to which the petition to

18  seal pertains.

19         (e)  Has never secured a prior sealing or expunction of

20  a criminal history record under this section, former s.

21  893.14, former s. 901.33, or former s. 943.058.

22         (f)  Is no longer under court supervision applicable to

23  the disposition of the arrest or alleged criminal activity to

24  which the petition to seal pertains.

25         (3)  PROCESSING OF A PETITION OR ORDER TO SEAL.--

26         (a)  In judicial proceedings under this section, a copy

27  of the completed petition to seal shall be served upon the

28  appropriate state attorney or the statewide prosecutor and

29  upon the arresting agency; however, it is not necessary to

30  make any agency other than the state a party. The appropriate

31  state attorney or the statewide prosecutor and the arresting

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  1  agency may respond to the court regarding the completed

  2  petition to seal.

  3         (b)  If relief is granted by the court, the clerk of

  4  the court shall certify copies of the order to the appropriate

  5  state attorney or the statewide prosecutor and to the

  6  arresting agency. The arresting agency is responsible for

  7  forwarding the order to any other agency to which the

  8  arresting agency disseminated the criminal history record

  9  information to which the order pertains. The department shall

10  forward the order to seal to the Federal Bureau of

11  Investigation. The clerk of the court shall certify a copy of

12  the order to any other agency which the records of the court

13  reflect has received the criminal history record from the

14  court.

15         (c)  For an order to seal entered by a court prior to

16  July 1, 1992, the department shall notify the appropriate

17  state attorney or statewide prosecutor of any order to seal

18  which is contrary to law because the person who is the subject

19  of the record has previously been convicted of a crime or

20  comparable ordinance violation or has had a prior criminal

21  history record sealed or expunged. Upon receipt of such

22  notice, the appropriate state attorney or statewide prosecutor

23  shall take action, within 60 days, to correct the record and

24  petition the court to void the order to seal. The department

25  shall seal the record until such time as the order is voided

26  by the court.

27         (d)  On or after July 1, 1992, the department or any

28  other criminal justice agency is not required to act on an

29  order to seal entered by a court when such order does not

30  comply with the requirements of this section. Upon receipt of

31  such an order, the department must notify the issuing court,

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  1  the appropriate state attorney or statewide prosecutor, the

  2  petitioner or the petitioner's attorney, and the arresting

  3  agency of the reason for noncompliance. The appropriate state

  4  attorney or statewide prosecutor shall take action within 60

  5  days to correct the record and petition the court to void the

  6  order. No cause of action, including contempt of court, shall

  7  arise against any criminal justice agency for failure to

  8  comply with an order to seal when the petitioner for such

  9  order failed to obtain the certificate of eligibility as

10  required by this section or when such order does not comply

11  with the requirements of this section.

12         (e)  An order sealing a criminal history record

13  pursuant to this section does not require that such record be

14  surrendered to the court, and such record shall continue to be

15  maintained by the department and other criminal justice

16  agencies.

17         (4)  EFFECT OF CRIMINAL HISTORY RECORD SEALING.--A

18  criminal history record of a minor or an adult which is

19  ordered sealed by a court of competent jurisdiction pursuant

20  to this section is confidential and exempt from the provisions

21  of s. 119.07(1) and s. 24(a), Art. I of the State Constitution

22  and is available only to the person who is the subject of the

23  record, to the subject's attorney, to criminal justice

24  agencies for their respective criminal justice purposes, or to

25  those entities set forth in subparagraphs (a)1., 4., 5., and

26  6. for their respective licensing and employment purposes.

27         (a)  The subject of a criminal history record sealed

28  under this section or under other provisions of law, including

29  former s. 893.14, former s. 901.33, and former s. 943.058, may

30  lawfully deny or fail to acknowledge the arrests covered by

31  the sealed record, except when the subject of the record:

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  1         1.  Is a candidate for employment with a criminal

  2  justice agency;

  3         2.  Is a defendant in a criminal prosecution;

  4         3.  Concurrently or subsequently petitions for relief

  5  under this section or s. 943.0585;

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

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

  8  contract with the Department of Children and Family Services

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

10  used by such contractor or licensee in a sensitive position

11  having direct contact with children, the developmentally

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

13  110.1127(3), s. 393.063(15), s. 394.4572(1), s. 397.451, s.

14  402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4), s.

15  415.103, s. 985.407, or chapter 400; or

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

17  of Teacher Education, Certification, Staff Development, and

18  Professional Practices of the Department of Education, any

19  district school board, or any local governmental entity which

20  licenses child care facilities.

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

22  person who has been granted a sealing under this section,

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

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

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

26  by reason of such person's failure to recite or acknowledge a

27  sealed criminal history record.

28         (c)  Information relating to the existence of a sealed

29  criminal record provided in accordance with the provisions of

30  paragraph (a) is confidential and exempt from the provisions

31  of s. 119.07(1) and s. 24(a), Art. I of the State

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  1  Constitution, except that the department shall disclose the

  2  sealed criminal history record to the entities set forth in

  3  subparagraphs (a)1., 4., 5., and 6. for their respective

  4  licensing and employment purposes. It is unlawful for any

  5  employee of an entity set forth in subparagraph (a)1.,

  6  subparagraph (a)4., subparagraph (a)5., or subparagraph (a)6.

  7  to disclose information relating to the existence of a sealed

  8  criminal history record of a person seeking employment or

  9  licensure with such entity or contractor, except to the person

10  to whom the criminal history record relates or to persons

11  having direct responsibility for employment or licensure

12  decisions. Any person who violates the provisions of this

13  paragraph commits a misdemeanor of the first degree,

14  punishable as provided in s. 775.082 or s. 775.083.

15         (5)  STATUTORY REFERENCES.--Any reference to any other

16  chapter, section, or subdivision of the Florida Statutes in

17  this section constitutes a general reference under the

18  doctrine of incorporation by reference.

19         Section 6.  Section 943.325, Florida Statutes, is

20  amended to read:

21         943.325  Blood or other biological specimen testing for

22  DNA analysis.--

23         (1)(a)  Any person who is convicted or was previously

24  convicted in this state for any offense or attempted offense

25  defined in chapter 794, chapter 800, s. 782.04, s. 784.045, s.

26  810.02, s. 812.133, or s. 812.135 and who is either:

27         1.  Still incarcerated, or

28         2.  No longer incarcerated, or has never been

29  incarcerated, yet but is within the confines of the legal

30  state boundaries and is on probation, community control,

31

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  1  parole, conditional release, control release, or any other

  2  court-ordered supervision,

  3

  4  shall be required to submit two specimens of blood or other

  5  biological specimens approved by the Department of Law

  6  Enforcement to a Department of Law Enforcement designated

  7  testing facility as directed by the department.

  8         (b)  For the purpose of this section, the term "any

  9  person" shall include both juveniles and adults committed to

10  or under the supervision of the Department of Corrections or

11  the Department of Juvenile Justice or committed to a county

12  jail.

13         (2)  The withdrawal of blood for purposes of this

14  section shall be performed in a medically approved manner

15  using a collection kit provided by, or accepted by, the

16  Department of Law Enforcement and only by or under the

17  supervision of a physician, registered nurse, licensed

18  practical nurse, or duly licensed medical personnel, or other

19  trained and competent personnel. The collection of other

20  approved biological specimens shall be performed by any person

21  using a collection kit provided by, or accepted by, the

22  Department of Law Enforcement in a manner approved by the

23  department, as directed in the kit, or as otherwise found to

24  be acceptable by the department.

25         (3)  Upon a conviction of any person for any offense

26  under paragraph (1)(a) which results in the commitment of the

27  offender to a county jail, correctional facility, or juvenile

28  facility, the entity responsible for the facility shall assure

29  that the blood specimens or other biological specimens

30  required by this section and approved by the Department of Law

31  Enforcement are promptly secured and transmitted to the

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  1  Department of Law Enforcement. If the person is not

  2  incarcerated following such conviction, the person may not be

  3  released from the custody of the court or released pursuant to

  4  a bond or surety until the blood specimens or other approved

  5  biological specimens required by this section have been taken.

  6  The chief judge of each circuit shall, in conjunction with the

  7  sheriff or other entity that maintains the county jail, assure

  8  implementation of a method to promptly collect required blood

  9  specimens or other approved biological specimens and forward

10  the specimens to the Department of Law Enforcement. The

11  Department of Law Enforcement, in conjunction with the

12  sheriff, the courts, the Department of Corrections, and the

13  Department of Juvenile Justice, shall develop a statewide

14  protocol for securing the blood specimens or other approved

15  biological specimens of any person required to provide

16  specimens under this section. Personnel at the jail,

17  correctional facility, or juvenile facility shall implement

18  the protocol as part of the regular processing of offenders.

19         (4)  If any blood specimens or other approved

20  biological specimens submitted to the Department of Law

21  Enforcement under this section are found to be unacceptable

22  for analysis and use or cannot be used by the department in

23  the manner required by this section, the Department of Law

24  Enforcement may require that another set of blood specimens or

25  other approved biological specimens be taken as set forth in

26  subsection (11).

27         (5)  The Department of Law Enforcement shall provide

28  the specimen vials, mailing tubes, labels, or other

29  appropriate containers and instructions for the collection of

30  blood specimens or other approved biological specimens. The

31  specimens shall thereafter be forwarded to the designated

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  1  testing facility for analysis to determine genetic markers and

  2  characteristics for the purpose of individual identification

  3  of the person submitting the sample.

  4         (6)  In addition to the specimens required to be

  5  submitted under this section, the Department of Law

  6  Enforcement may receive and utilize other blood specimens or

  7  other approved biological specimens. Any The analysis, when

  8  completed, shall be entered into the automated database

  9  maintained by the Department of Law Enforcement for such

10  purpose, as provided in this section, and shall not be

11  included in the state central criminal justice information

12  repository.

13         (7)  The results of a DNA analysis and the comparison

14  of analytic results shall be released only to criminal justice

15  agencies as defined in s. 943.045(10), at the request of the

16  agency. Otherwise, such information is confidential and exempt

17  from the provisions of s. 119.07(1) and s. 24(a), Art. I of

18  the State Constitution.

19         (8)  The Department of Law Enforcement and the

20  statewide criminal laboratory analysis system shall establish,

21  implement, and maintain a statewide automated personal

22  identification system capable of, but not limited to,

23  classifying, matching, and storing analyses of DNA

24  (deoxyribonucleic acid) and other biological molecules. The

25  system shall be available to all criminal justice agencies.

26         (9)  The Department of Law Enforcement shall:

27         (a)  Receive, process, and store blood specimen samples

28  or other approved biological specimen samples and the data

29  derived therefrom furnished pursuant to subsection (1), or

30  pursuant to a requirement of supervision imposed by the court

31  or the Parole Commission with respect to a person convicted of

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  1  any offense specified in subsection (1), or as specified in

  2  subsection (6).

  3         (b)  Collect, process, maintain, and disseminate

  4  information and records pursuant to this section.

  5         (c)  Strive to maintain or disseminate only accurate

  6  and complete records.

  7         (d)  Adopt rules prescribing the proper procedure for

  8  state and local law enforcement and correctional agencies to

  9  collect and submit blood specimen samples and other approved

10  biological specimen samples pursuant to this section.

11         (10)(a)  The court shall include in the judgment of

12  conviction for an offense specified in this section, or a

13  finding that a person described in subsection (1) violated a

14  condition of probation, community control, or any other

15  court-ordered supervision, an order stating that blood

16  specimens or other approved biological specimens are required

17  to be drawn or collected by the appropriate agency in a manner

18  consistent with this section and, unless the convicted person

19  lacks the ability to pay, the person shall reimburse the

20  appropriate agency for the cost of drawing and transmitting

21  the blood specimens or collecting and transmitting other

22  approved biological specimens to the Florida Department of Law

23  Enforcement. The reimbursement payment may be deducted from

24  any existing balance in the inmate's bank account. If the

25  account balance is insufficient to cover the cost of drawing

26  and transmitting the blood specimens or collecting and

27  transmitting other approved biological specimens to the

28  Florida Department of Law Enforcement, 50 percent of each

29  deposit to the account must be withheld until the total amount

30  owed has been paid. If the judgment places the convicted

31  person on probation, community control, or any other

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  1  court-ordered supervision, the court shall order the convicted

  2  person to submit to the drawing of the blood specimens or the

  3  collecting of other approved biological specimens as a

  4  condition of the probation, community control, or other

  5  court-ordered supervision. For the purposes of a person who is

  6  on probation, community control, or any other court-ordered

  7  supervision, the collection requirement must be based upon a

  8  court order, or as otherwise provided by the person in the

  9  absence of a court order. If the judgment sentences the

10  convicted person to time served, the court shall order the

11  convicted person to submit to the drawing of the blood

12  specimens or the collecting of other approved biological

13  specimens as a condition of such sentence.

14         (b)  The appropriate agency shall cause the specimens

15  to be drawn or collected as soon as practical after conviction

16  but, in the case of any person ordered to serve a term of

17  incarceration as part of the sentence, the specimen shall be

18  drawn or collected as soon as practical after the receipt of

19  the convicted person by the custodial facility. For the

20  purpose of this section, the appropriate agency shall be the

21  Department of Corrections whenever the convicted person is

22  committed to the legal and physical custody of the department.

23  Conviction information contained in the offender information

24  system of the Department of Corrections shall be sufficient to

25  determine applicability under this section. The appropriate

26  agency shall be the sheriff or officer in charge of the county

27  correctional facility whenever the convicted person is placed

28  on probation, community control, or any other court-ordered

29  supervision or form of supervised release or is committed to

30  the legal and physical custody of a county correctional

31  facility.

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  1         (c)  Any person previously convicted of an offense

  2  specified in this section, or a crime which, if committed in

  3  this state, would be an offense specified in this section, and

  4  who is also subject to the registration requirement imposed by

  5  s. 775.13, shall be subject to the collection requirement of

  6  this section when the appropriate agency described in this

  7  section verifies the identification information of the person.

  8  The collection requirement of this section does not apply to a

  9  person as described in s. 775.13(5).

10         (d)  For the purposes of this section, conviction shall

11  include a finding of guilty, or entry of a plea of nolo

12  contendere or guilty, regardless of adjudication or, in the

13  case of a juvenile, the finding of delinquency.

14         (e)  If necessary, the state or local law enforcement

15  or correctional agency having authority over the person

16  subject to the sampling under this section shall assist in the

17  procedure. The law enforcement or correctional officer so

18  assisting may use reasonable force if necessary to require

19  such person to submit to the withdrawal of blood specimens or

20  the collection of other approved biological specimens. Any

21  such The withdrawal or collection shall be performed in a

22  reasonable manner. A hospital, clinical laboratory, medical

23  clinic, or similar medical institution; a physician, certified

24  paramedic, registered nurse, licensed practical nurse, or

25  other personnel authorized by a hospital to draw blood; a

26  licensed clinical laboratory director, supervisor,

27  technologist, or technician; or any other person who assists a

28  law enforcement officer is not civilly or criminally liable as

29  a result of withdrawing blood specimens according to accepted

30  medical standards when requested to do so by a law enforcement

31  officer or any personnel of a jail, correctional facility, or

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  1  juvenile detention facility, regardless of whether the

  2  convicted person resisted the drawing of blood specimens. A

  3  person other than the subject required to provide the

  4  biological specimens who collects or assists in the collection

  5  of approved specimens other than blood is not civilly or

  6  criminally liable if a collection kit provided by, or accepted

  7  by, the Department of Law Enforcement is utilized and the

  8  collection is done in a manner approved by the department, as

  9  directed in the kit, or is performed in an otherwise

10  reasonable manner.

11         (f)  If a judgment fails to order the convicted person

12  to submit to the drawing of the blood specimens or the

13  collecting of other approved biological specimens as mandated

14  by this section, the state attorney may seek an amended order

15  from the sentencing court mandating the submission of blood

16  specimens or other approved biological specimens in compliance

17  with this section. As an alternative, the department, a state

18  attorney, the Department of Corrections, or any law

19  enforcement agency may seek a court order to secure the blood

20  specimens or other approved biological specimens as authorized

21  in subsection (11).

22         (11)  If the Department of Law Enforcement determines

23  that a convicted person who is required to submit blood

24  specimens or other approved biological specimens under this

25  section has not provided the specimens, the department, a

26  state attorney, or any law enforcement agency may apply to the

27  circuit court for an order that authorizes taking the

28  convicted person into custody for the purpose of securing the

29  required specimens. The court shall issue the order upon a

30  showing of probable cause. Following issuance of the order,

31  the convicted person shall be transported to a location

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  1  acceptable to the agency that has custody of the person, the

  2  blood specimens or other approved biological specimens shall

  3  be withdrawn or collected in a reasonable manner, and the

  4  person shall be released if there is no other reason to

  5  justify retaining the person in custody. An agency acting

  6  under authority of an order under this section may, in lieu of

  7  transporting the convicted person to a collection site, secure

  8  the blood specimens or other approved biological specimens at

  9  the location of the convicted person in a reasonable manner.

10  If the convicted person resists providing the specimens,

11  reasonable force may be utilized to secure the specimens and

12  any person utilizing such force to secure the specimens or

13  reasonably assisting in the securing of the specimens is not

14  civilly or criminally liable for actions taken. The agency

15  that takes the convicted person into custody may, but is not

16  required to, transport the person back to the location where

17  the person was taken into custody.

18         (12)  Unless the convicted person has been declared

19  indigent by the court, the convicted person shall pay the

20  actual costs of collecting the blood specimens or other

21  approved biological specimens required under this section.

22         (13)  If a court, a law enforcement agency, or the

23  Department of Law Enforcement fails to strictly comply with

24  this section or to abide by a statewide protocol for

25  collecting blood specimens or other approved biological

26  specimens, such failure is not grounds for challenging the

27  validity of the collection or the use of a specimen, and

28  evidence based upon or derived from the collected blood

29  specimens or other approved biological specimens may not be

30  excluded by a court.

31

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  1         Section 7.  Subsection (2) of section 760.40, Florida

  2  Statutes, is amended to read:

  3         760.40  Genetic testing; informed consent;

  4  confidentiality.--

  5         (2)(a)  Except for purposes of criminal prosecution,

  6  except for purposes of determining paternity as provided in s.

  7  742.12(1), and except for purposes of acquiring specimens from

  8  persons convicted of certain offenses or as otherwise provided

  9  in s. 943.325, DNA analysis may be performed only with the

10  informed consent of the person to be tested, and the results

11  of such DNA analysis, whether held by a public or private

12  entity, are the exclusive property of the person tested, are

13  confidential, and may not be disclosed without the consent of

14  the person tested. Such information held by a public entity is

15  exempt from the provisions of s. 119.07(1) and s. 24(a), Art.

16  I of the State Constitution.

17         (b)  A person who violates paragraph (a) is guilty of a

18  misdemeanor of the first degree, punishable as provided in s.

19  775.082 or s. 775.083.

20         Section 8.  Section 843.167, Florida Statutes, is

21  created to read:

22         843.167  Unlawful use of police communications;

23  enhanced penalties.--

24         (1)  A person may not:

25         (a)  Intercept any police radio communication by use of

26  a scanner or any other means for the purpose of using that

27  communication to assist in committing a crime or to escape

28  from or avoid detection, arrest, trial, conviction, or

29  punishment in connection with the commission of such crime.

30         (b)  Divulge the existence, contents, substance,

31  purport, effect, or meaning of a police radio communication to

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  1  any person he or she knows to be a suspect in the commission

  2  of a crime with the intent that the suspect may escape from or

  3  avoid detention, arrest, trial, conviction, or punishment.

  4         (2)  Any person who is charged with a crime and who,

  5  during the time such crime was committed, possessed or used a

  6  police scanner or similar device capable of receiving police

  7  radio transmissions is presumed to have violated paragraph

  8  (1)(a).

  9         (3)  The penalty for a crime that is committed by a

10  person who violates paragraph (1)(a) shall be enhanced as

11  follows:

12         (a)  A misdemeanor of the second degree shall be

13  punished as if it were a misdemeanor of the first degree.

14         (b)  A misdemeanor of the first degree shall be

15  punished as if it were a felony of the third degree.

16         (c)  A felony of the third degree shall be punished as

17  if it were a felony of the second degree.

18         (d)  A felony of the second degree shall be punished as

19  if it were a felony of the first degree.

20         (e)  A felony of the first degree shall be punished as

21  if it were a life felony.

22         (4)  Any person who violates paragraph (1)(b) commits a

23  misdemeanor of the first degree, punishable as provided in s.

24  775.082 or s. 775.083.

25         Section 9.  Subsection (3) of section 943.053, Florida

26  Statutes, is amended to read:

27         943.053  Dissemination of criminal justice information;

28  fees.--

29         (3)  Criminal history information, including

30  information relating to minors, compiled by the Criminal

31  Justice Information Program from intrastate sources shall be

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  1  available on a priority basis to criminal justice agencies for

  2  criminal justice purposes free of charge and, otherwise, to

  3  governmental agencies not qualified as criminal justice

  4  agencies on an approximate-cost basis.  After providing the

  5  program with all known identifying information, persons in the

  6  private sector may be provided criminal history information

  7  upon tender of fees as established and in the manner

  8  prescribed by rule of the Department of Law Enforcement.  Such

  9  fees shall approximate the actual cost of producing the record

10  information. As used in this subsection, the department's

11  determination of actual cost shall take into account the total

12  cost of creating, storing, maintaining, updating, retrieving,

13  improving, and providing criminal history information in a

14  centralized, automated database, including personnel,

15  technology, and infrastructure expenses.  Actual cost shall be

16  computed on a fee-per-record basis, and any access to criminal

17  history information by the private sector as provided in this

18  subsection shall be assessed the per-record fee without regard

19  to the quantity or category of criminal history record

20  information requested. Fees may be waived by the executive

21  director of the Department of Law Enforcement for good cause

22  shown.

23         Section 10.  Section 943.0582, Florida Statutes, is

24  created to read:

25         943.0582  Prearrest, postarrest, or teen court

26  diversion program expunction.--

27         (1)  Notwithstanding any law dealing generally with the

28  preservation and destruction of public records, the department

29  may provide, by rule adopted pursuant to chapter 120, for the

30  expunction of any nonjudicial record of the arrest of a minor

31

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  1  who has successfully completed a prearrest or postarrest

  2  diversion program for minors as authorized by s. 985.3065.

  3         (2)  As used in this section, the term "expunction"

  4  shall have the same meaning and effect as in s. 943.0585,

  5  except that:

  6         (a)  The provisions of s. 943.0585(4)(a) shall not

  7  apply, except that the criminal history record of a person

  8  whose record is expunged pursuant to this section shall be

  9  made available only to criminal justice agencies for the

10  purpose of determining eligibility for prearrest, postarrest

11  or teen court diversion programs, when the record is sought as

12  part of a criminal investigation, or when the subject of the

13  record is a candidate for employment with a criminal justice

14  agency.  For all other purposes, a person whose record is

15  expunged pursuant to this section may lawfully deny or fail to

16  acknowledge the arrest or charge covered by the expunged

17  record.

18         (b)  Records maintained by local criminal justice

19  agencies in the county in which the arrest occurred that are

20  eligible for expunction pursuant to this section shall be

21  sealed as the term is used in s. 943.059.

22         (3)  As used in this section, the term "nonviolent

23  misdemeanor" includes simple assault or battery when prearrest

24  or postarrest diversion expunction is approved in writing by

25  the state attorney for the county in which the arrest

26  occurred.

27         (4)  The department shall expunge the nonjudicial

28  arrest record of a minor who has successfully completed a

29  prearrest or postarrest diversion program if that minor:

30         (a)  Submits an application for prearrest or postarrest

31  diversion expunction, on a form promulgated by the department,

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  1  signed by the minor's parent or legal guardian or by the minor

  2  if he or she has reached the age of majority at the time of

  3  applying.

  4         (b)  Submits the application for prearrest or

  5  postarrest diversion expunction no later than 6 months after

  6  completion of the diversion program.

  7         (c)  Submits to the department, with the application,

  8  an official written statement from the state attorney for the

  9  county in which the arrest occurred certifying that he or she

10  has successfully completed that county's prearrest or

11  postarrest diversion program and that participation in the

12  program is strictly limited to minors arrested for a

13  nonviolent misdemeanor who have not otherwise been charged

14  with or found to have committed any criminal offense or

15  comparable ordinance violation.

16         (d)  Participated in a prearrest or postarrest

17  diversion program that expressly authorizes or permits such

18  expunction to occur.

19         (e)  Participated in a prearrest or postarrest

20  diversion program based on an arrest for a nonviolent

21  misdemeanor that would not qualify as an act of "domestic

22  violence" as that term is defined in s. 741.28.

23         (f)  Has never, prior to filing the application for

24  expunction, been charged with or been found to have committed

25  any criminal offense or comparable ordinance violation.

26         (5)  The department is authorized to charge a $75

27  processing fee for each request received for prearrest or

28  postarrest diversion program expunction, for placement in the

29  Department of Law Enforcement Operating Trust Fund, unless

30  such fee is waived by the executive director.

31

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  1         (6)  This section shall operate retroactively to permit

  2  the expunction of any nonjudicial record of the arrest of a

  3  minor who has successfully completed a prearrest or postarrest

  4  diversion program on or after July 1, 2000, provided that, in

  5  the case of a minor whose completion of the program occurred

  6  before the effective date of this act, the application for

  7  prearrest or postarrest diversion expunction is submitted no

  8  later than 6 months after the effective date of this act.

  9         (7)  Expunction or sealing granted pursuant to this

10  section shall not preclude the minor who receives such relief

11  from petitioning for the expunction or sealing of a later

12  criminal history record as provided for in ss. 943.0585 and

13  943.059, provided he or she is otherwise eligible under those

14  sections.

15         Section 11.  Section 985.3065, Florida Statutes, is

16  amended to read:

17         985.3065  Prearrest or postarrest diversion programs.--

18         (1)  A law enforcement agency or school district, in

19  cooperation with the state attorney, may establish a prearrest

20  or postarrest diversion program.

21         (2)  As part of the prearrest or postarrest diversion

22  program, a child who is alleged to have committed a delinquent

23  act may be required to surrender his or her driver's license,

24  or refrain from applying for a driver's license, for not more

25  than 90 days. If the child fails to comply with the

26  requirements of the program, the state attorney may notify the

27  Department of Highway Safety and Motor Vehicles in writing to

28  suspend the child's driver's license for a period that may not

29  exceed 90 days.

30         (3)  The prearrest or postarrest diversion program may,

31  upon agreement of the agencies that establish the program,

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    Florida House of Representatives - 2001             CS/HB 1425

    404-108-01






  1  provide for the expunction of the nonjudicial arrest record of

  2  a minor who successfully completes such a program pursuant to

  3  s. 943.0582.

  4         Section 12.  This act shall take effect July 1, 2001.

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