SENATE AMENDMENT
Bill No. CS for SB's 1864 & 2086
Amendment No. ___ Barcode 595944
CHAMBER ACTION
Senate House
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11 Senator Bronson moved the following amendment:
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13 Senate Amendment (with title amendment)
14 Delete everything after the enacting clause
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16 and insert:
17 Section 1. Section 943.031, Florida Statutes, is
18 amended to read:
19 943.031 Florida Violent Crime and Drug Control
20 Council.--The Legislature finds that there is a need to
21 develop and implement a statewide strategy to address violent
22 criminal activity and drug control efforts by state and local
23 law enforcement agencies, including investigations of illicit
24 money laundering. In recognition of this need, the Florida
25 Violent Crime and Drug Control Council is created within the
26 department. The council shall serve in an advisory capacity to
27 the department.
28 (1) MEMBERSHIP.--The council shall consist of 14 12
29 members, as follows:
30 (a) The Attorney General or a designate.
31 (b) A designate of the executive director of the
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1 Department of Law Enforcement.
2 (c) The secretary of the Department of Corrections or
3 a designate.
4 (d) The Secretary of Juvenile Justice or a designate.
5 (e) The Commissioner of Education or a designate.
6 (f) The president of the Florida Network of
7 Victim/Witness Services, Inc., or a designate.
8 (g) The director of the Office of Drug Control within
9 the Executive Office of the Governor, or a designate.
10 (h) The Comptroller, or a designate.
11 (i)(g) Six members appointed by the Governor,
12 consisting of two sheriffs, two chiefs of police, one medical
13 examiner, and one state attorney or their designates.
14
15 The Governor, when making appointments under this subsection,
16 must take into consideration representation by geography,
17 population, ethnicity, and other relevant factors to ensure
18 that the membership of the council is representative of the
19 state at large. Designates appearing on behalf of a council
20 member who is unable to attend a meeting of the council are
21 empowered to vote on issues before the council to the same
22 extent the designating council member is so empowered.
23 (2) TERMS OF MEMBERSHIP; OFFICERS; COMPENSATION;
24 STAFF.--
25 (a) Members appointed by the Governor shall be
26 appointed for terms of 2 years. The other members are standing
27 members of the council. In no event shall a member serve
28 beyond the time he or she ceases to hold the office or
29 employment which was the basis for appointment to the council.
30 In the event of a vacancy, an appointment to fill the vacancy
31 shall be only for the unexpired term.
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Bill No. CS for SB's 1864 & 2086
Amendment No. ___ Barcode 595944
1 (b) The Legislature finds that the council serves a
2 legitimate state, county, and municipal purpose and that
3 service on the council is consistent with a member's principal
4 service in a public office or employment. Membership on the
5 council does not disqualify a member from holding any other
6 public office or being employed by a public entity, except
7 that no member of the Legislature shall serve on the council.
8 (c) The members of the council shall elect a chair and
9 a vice chair every 2 years, to serve for a 2-year term. As
10 deemed appropriate, other officers may be elected by the
11 members.
12 (d) Members of the council or their designates shall
13 serve without compensation but are entitled to reimbursement
14 for per diem and travel expenses pursuant to s. 112.061.
15 Reimbursements made pursuant to this paragraph may shall be
16 paid from either the Violent Crime Investigative Emergency and
17 Drug Control Strategy Implementation Account within the
18 Department of Law Enforcement Operating Trust Fund or from
19 other appropriations provided to the department by the
20 Legislature in the General Appropriations Act.
21 (e) The department shall provide the council with
22 staff necessary to assist the council in the performance of
23 its duties.
24 (3) MEETINGS.--The council must meet at least
25 semiannually. Additional meetings may be held when it is
26 determined deemed appropriate by the chair that extraordinary
27 circumstances require an additional meeting of the council or
28 a majority of the council members. A majority of the members
29 of the council constitutes a quorum.
30 (4) DUTIES OF COUNCIL.--The council shall provide
31 advice and make recommendations, as necessary, to the
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Amendment No. ___ Barcode 595944
1 executive director of the department.
2 (a) The council may advise the executive director on
3 the feasibility of undertaking initiatives which include, but
4 are not limited to, the following:
5 1. Establishing a program which provides grants to
6 criminal justice agencies that develop and implement effective
7 violent crime prevention and investigative programs and which
8 provides grants to law enforcement agencies for the purpose of
9 drug control and illicit money laundering investigative
10 efforts or task force efforts that are determined by the
11 council to significantly contribute to achieving the state's
12 goal of reducing drug-related crime as articulated by the
13 Office of Drug Control, that represent a significant illicit
14 money laundering investigative effort, or that otherwise
15 significantly support statewide strategies developed by the
16 Statewide Drug Policy Advisory Council established under s.
17 397.333, subject to the limitations provided in this section.
18 The grant program may shall include an innovations grant
19 program to provide startup funding for new initiatives by
20 local and state law enforcement agencies to combat violent
21 crime or to implement drug control or illicit money laundering
22 investigative efforts or task force efforts by law enforcement
23 agencies, including, but not limited to, initiatives such as:
24 a. Providing Provision of enhanced community-oriented
25 policing.
26 b. Providing Provision of additional undercover
27 officers and other investigative officers to assist with
28 violent crime investigations in emergency situations.
29 c. Providing funding for multiagency or statewide drug
30 control or illicit money laundering investigative efforts or
31 task force efforts that cannot be reasonably funded completely
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1 by alternative sources and that significantly contribute to
2 achieving the state's goal of reducing drug-related crime as
3 articulated by the Office of Drug Control, that represent a
4 significant illicit money laundering investigative effort, or
5 that otherwise significantly support statewide strategies
6 developed by the Statewide Drug Policy Advisory Council
7 established under s. 397.333.
8 2. Creating a criminal justice research and behavioral
9 science center. The center shall provide key support to local
10 law enforcement agencies undertaking unique or emergency
11 violent crime investigations, including the mobilization of
12 special task forces to directly target violent crime in
13 specific areas.
14 2.3. Expanding the use of automated fingerprint
15 identification systems at the state and local level.
16 3.4. Identifying methods to prevent violent crime.
17 4. Identifying methods to enhance multiagency or
18 statewide drug control or illicit money laundering
19 investigative efforts or task force efforts that significantly
20 contribute to achieving the state's goal of reducing
21 drug-related crime as articulated by the Office of Drug
22 Control, that represent a significant illicit money laundering
23 investigative effort, or that otherwise significantly support
24 statewide strategies developed by the Statewide Drug Policy
25 Advisory Council established under s. 397.333.
26 5. Enhancing criminal justice training programs which
27 address violent crime, drug control, or illicit money
28 laundering investigative techniques or efforts.
29 6. Developing and promoting crime prevention services
30 and educational programs that serve the public, including, but
31 not limited to:
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1 a. Enhanced victim and witness counseling services
2 that also provide crisis intervention, information referral,
3 transportation, and emergency financial assistance.
4 b. A well-publicized rewards program for the
5 apprehension and conviction of criminals who perpetrate
6 violent crimes.
7 7. Enhancing information sharing and assistance in the
8 criminal justice community by expanding the use of community
9 partnerships and community policing programs. Such expansion
10 may include the use of civilian employees or volunteers to
11 relieve law enforcement officers of clerical work in order to
12 enable the officers to concentrate on street visibility within
13 the community.
14 (b) Additionally, The council shall:
15 1. Receive periodic reports from Advise the executive
16 director on the creation of regional violent crime
17 investigation and statewide drug control strategy
18 implementation coordinating teams which relate to violent
19 crime trends or the investigative needs or successes in the
20 regions, factors and trends relevant to the implementation of
21 the statewide drug strategy, and the results of drug control
22 and illicit money laundering investigative efforts funded in
23 part by the council.
24 2. Maintain and utilize Develop criteria for the
25 disbursement of funds from the Violent Crime Investigative
26 Emergency and Drug Control Strategy Implementation Account
27 within the Department of Law Enforcement Operating Trust Fund
28 or other appropriations provided to the Department of Law
29 Enforcement by the Legislature in the General Appropriations
30 Act. The criteria shall allow for the advancement of funds as
31 approved by the council.
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1 3. Review and approve all requests for disbursement of
2 funds from the Violent Crime Investigative Emergency and Drug
3 Control Strategy Implementation Account within the Department
4 of Law Enforcement Operating Trust Fund and from other
5 appropriations provided to the department by the Legislature
6 in the General Appropriations Act. An expedited approval
7 procedure shall be established for rapid disbursement of funds
8 in violent crime emergency situations.
9 4. Advise the executive director on the development of
10 a statewide violent crime information system.
11 (5) REPORTS.--The council shall report annually on its
12 activities, on or before December 30 of each calendar year, to
13 the executive director, the President of the Senate, the
14 Speaker of the House of Representatives, and the chairs of the
15 Senate and House committees having principal jurisdiction over
16 criminal law chairs of the Committees on Criminal Justice in
17 both chambers. Comments and responses of the executive
18 director to the report are to be included must respond to the
19 annual report and any other recommendations of the council in
20 writing. All written responses must be forwarded to the
21 council members, the President of the Senate, the Speaker of
22 the House of Representatives, and the chairs of the Committees
23 on Criminal Justice in both chambers.
24 (6) VICTIM AND WITNESS PROTECTION REVIEW COMMITTEE.--
25 (a) The Victim and Witness Protection Review Committee
26 is created within the Florida Violent Crime and Drug Control
27 Council, consisting of the statewide prosecutor or a state
28 attorney, a sheriff, a chief of police, and the designee of
29 the executive director of the Department of Law Enforcement.
30 The committee shall be appointed from the membership of the
31 council by the chair of the council after the chair has
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1 consulted with the executive director of the Department of Law
2 Enforcement. Committee members shall meet in conjunction with
3 the meetings of the council.
4 (b) The committee shall:
5 1. Maintain and utilize Develop criteria for
6 disbursing funds to reimburse law enforcement agencies for
7 costs associated with providing victim and witness protective
8 or temporary relocation services.
9 2. Review and approve or deny, in whole or in part,
10 all reimbursement requests submitted by law enforcement
11 agencies.
12 (c) The lead law enforcement agency providing victim
13 or witness protective or temporary relocation services
14 pursuant to the provisions of s. 914.25 may submit a request
15 for reimbursement to the Victim and Witness Protection Review
16 Committee in a format approved by the committee. The lead law
17 enforcement agency shall submit such reimbursement request on
18 behalf of all law enforcement agencies that cooperated in
19 providing protective or temporary relocation services related
20 to a particular criminal investigation or prosecution. As part
21 of the reimbursement request, the lead law enforcement agency
22 must indicate how any reimbursement proceeds will be
23 distributed among the agencies that provided protective or
24 temporary relocation services.
25 (d) The committee, in its discretion, may use funds
26 available to the committee to provide all or partial
27 reimbursement to the lead law enforcement agency for such
28 costs, or may decline to provide any reimbursement.
29 (e) The committee may conduct its meeting by
30 teleconference or conference phone calls when the chair of the
31 committee finds that the need for reimbursement is such that
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1 delaying until the next scheduled council meeting will
2 adversely affect the requesting agency's ability to provide
3 the protection services.
4 (7) CONFIDENTIALITY; EXEMPTED PORTIONS OF COUNCIL
5 MEETINGS AND RECORDS.--
6 (a)1. The Legislature finds that during limited
7 portions of the meetings of the Florida Violent Crime and Drug
8 Control Council it is necessary that the council be presented
9 with and discuss details, information, and documents related
10 to active criminal investigations or matters constituting
11 active criminal intelligence, as those concepts are defined by
12 s. 119.011. These presentations and discussions are necessary
13 for the council to make its funding decisions as required by
14 the Legislature. The Legislature finds that to reveal the
15 contents of documents containing active criminal investigative
16 or intelligence information or to allow active criminal
17 investigative or active criminal intelligence matters to be
18 discussed in a meeting open to the public negatively impacts
19 the ability of law enforcement agencies to efficiently
20 continue their investigative or intelligence gathering
21 activities. The Legislature finds that information coming
22 before the council that pertains to active criminal
23 investigations or intelligence should remain confidential and
24 exempt from public disclosure. The Legislature finds that the
25 Florida Violent Crime and Drug Control Council may, by
26 declaring only those portions of council meetings in which
27 active criminal investigative or active criminal intelligence
28 information is to be presented or discussed closed to the
29 public, assure an appropriate balance between the policy of
30 this state that meetings be public and the policy of this
31 state to facilitate efficient law enforcement efforts.
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1 2. The Legislature finds that it is a public necessity
2 that portions of the meetings of the Florida Violent Crime and
3 Drug Control Council be closed when the confidential details,
4 information, and documents related to active criminal
5 investigations or matters constituting active criminal
6 intelligence are discussed. The Legislature further finds that
7 it is no less a public necessity that portions of public
8 records generated at closed council meetings, such as tape
9 recordings, minutes, and notes, memorializing the discussions
10 regarding such confidential details, information, and
11 documents related to active criminal investigations or matters
12 constituting active criminal intelligence, also shall be held
13 confidential.
14 (b) The Florida Violent Crime and Drug Control Council
15 shall be considered a "criminal justice agency" within the
16 definition of s. 119.011(4).
17 (c)1. The Florida Violent Crime and Drug Control
18 Council may close portions of meetings during which the
19 council will hear or discuss active criminal investigative
20 information or active criminal intelligence information, and
21 such portions of meetings shall be exempt from the provisions
22 of s. 286.011 and s. 24(b), Art. I of the State Constitution,
23 provided that the following conditions are met:
24 a. The chair of the council shall advise the council
25 at a public meeting that, in connection with the performance
26 of a council duty, it is necessary that the council hear or
27 discuss active criminal investigative information or active
28 criminal intelligence information.
29 b. The chair's declaration of necessity for closure
30 and the specific reasons for such necessity shall be stated in
31 writing in a document that shall be a public record and shall
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1 be filed with the official records of the council.
2 c. The entire closed session shall be recorded. The
3 recording shall include the times of commencement and
4 termination of the closed session, all discussion and
5 proceedings, and the names of all persons present. No portion
6 of the session shall be off the record. Such recording shall
7 be maintained by the council, and is exempt from the
8 provisions of s. 119.07(1) and s. 24(a), Art. I of the State
9 Constitution until such time as the criminal investigative
10 information or criminal intelligence information that
11 justifies closure ceases to be active, at which time the
12 portion of the record related to the no longer active
13 information or intelligence shall be open for public
14 inspection and copying.
15
16 The exemption in this paragraph is subject to the Open
17 Government Sunset Review Act of 1995 in accordance with s.
18 119.15 and shall stand repealed on October 2, 2002, unless
19 reviewed and saved from repeal through reenactment by the
20 Legislature.
21 2. Only members of the council, Department of Law
22 Enforcement staff supporting the council's function, and other
23 persons whose presence has been authorized by chair of the
24 council shall be allowed to attend the exempted portions of
25 the council meetings. The council shall assure that any
26 closure of its meetings as authorized by this section is
27 limited so that the general policy of this state in favor of
28 public meetings is maintained.
29 (d) Those portions of any public record, such as a
30 tape recording, minutes, and notes, generated during that
31 portion of a Florida Violent Crime and Drug Control Council
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1 meeting which is closed to the public pursuant to this
2 section, which contain information relating to active criminal
3 investigations or matters constituting active criminal
4 intelligence, are confidential and exempt from the provisions
5 of s. 119.07(1) and s. 24(a), Art. I of the State Constitution
6 until such criminal investigative information or criminal
7 intelligence information ceases to be active. The exemptions
8 in this paragraph are subject to the Open Government Sunset
9 Review Act of 1995 in accordance with s. 119.15 and shall
10 stand repealed on October 2, 2002, unless reviewed and saved
11 from repeal through reenactment by the Legislature.
12 Section 2. Subsection (5) of section 943.17, Florida
13 Statutes, is amended to read:
14 943.17 Basic recruit, advanced, and career development
15 training programs; participation; cost; evaluation.--The
16 commission shall, by rule, design, implement, maintain,
17 evaluate, and revise job-related curricula and performance
18 standards for basic recruit, advanced, and career development
19 training programs and courses. The rules shall include, but
20 are not limited to, a methodology to assess relevance of the
21 subject matter to the job, student performance, and instructor
22 competency.
23 (5) The commission, in consultation with the Florida
24 Violent Crime and Drug Control Council, shall establish
25 standards for basic and advanced training programs for law
26 enforcement officers in the subjects of investigating and
27 preventing violent crime. After January 1, 1995, every basic
28 skills course required in order for law enforcement officers
29 to obtain initial certification must include training on
30 violent crime prevention and investigations.
31 Section 3. Section 943.042, Florida Statutes, is
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1 amended to read:
2 943.042 Violent Crime Investigative Emergency and Drug
3 Control Strategy Implementation Account within the Department
4 of Law Enforcement Operating Trust Fund.--
5 (1) There is created a Violent Crime Investigative
6 Emergency and Drug Control Strategy Implementation Account
7 within the Department of Law Enforcement Operating Trust Fund.
8 The account shall be used to provide emergency supplemental
9 funds to:
10 (a) State and local law enforcement agencies which are
11 involved in complex and lengthy violent crime investigations,
12 or matching funding to multiagency or statewide drug control
13 or illicit money laundering investigative efforts or task
14 force efforts that significantly contribute to achieving the
15 state's goal of reducing drug-related crime as articulated by
16 the Office of Drug Control, that represent a significant
17 illicit money laundering investigative effort, or that
18 otherwise significantly support statewide strategies developed
19 by the Statewide Drug Policy Advisory Council established
20 under s. 397.333;
21 (b) State and local law enforcement agencies which are
22 involved in violent crime investigations which constitute a
23 significant emergency within the state; or
24 (c) Counties which demonstrate a significant hardship
25 or an inability to cover extraordinary expenses associated
26 with a violent crime trial.
27 (2) In consultation with the Florida Violent Crime and
28 Drug Control Council, the department must maintain promulgate
29 rules which, at minimum, address the following:
30 (a) Criteria for determining what constitutes a
31 complex and lengthy violent crime investigation for the
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1 purpose of this section.
2 (b) Criteria for determining those violent crime
3 investigations which constitute a significant emergency within
4 the state for the purpose of this section.
5 (c) Criteria for determining the circumstances under
6 which counties may receive emergency supplemental funds for
7 extraordinary expenses associated with a violent crime trial
8 under this section.
9 (d) Guidelines which establish a $100,000 maximum
10 limit limits on the amount that may be disbursed on a single
11 investigation and a $200,000 maximum limit on funds that may
12 be provided to a single agency during the agency's fiscal
13 year.
14 (e) Procedures for law enforcement agencies to use
15 when applying for funds, including certification by the head
16 of the agency that a request complies with the requirements
17 established by the council.
18 (f) Annual evaluation and audit of the trust fund.
19 (3) With regard to the funding of drug control or
20 illicit money laundering investigative efforts or task force
21 efforts, the department shall adopt rules which, at a minimum,
22 address the following:
23 (a) Criteria for determining what constitutes a
24 multiagency or statewide drug control or illicit money
25 laundering investigative effort or task force effort eligible
26 to seek funding under this section.
27 (b) Criteria for determining whether a multiagency or
28 statewide investigation or task force effort significantly
29 contributes to achieving the state's goals and strategies.
30 (c) Limitations upon the amount that may be disbursed
31 yearly to a single multiagency or statewide drug control or
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1 illicit money laundering investigation or task force effort.
2 (d) Procedures to utilize when applying for funds,
3 including a required designation of the amount of matching
4 funds being provided by the task force or participating
5 agencies and a signed commitment by the head of each agency
6 seeking funds that funds so designated will be utilized as
7 represented if council funding is provided.
8 (e) Requirements to expend funds provided by the
9 council in the manner authorized by the council, and a method
10 of accounting for the receipt, use, and disbursement of any
11 funds expended in drug control or illicit money laundering
12 investigative efforts or task force efforts funded in part
13 under the authority of this section.
14 (f) Requirements for reporting by recipient agencies
15 on the performance and accomplishments secured by the
16 investigative or task force efforts, including a requirement
17 that the reports demonstrate how the state's drug control
18 goals and strategies have been promoted by the efforts, and
19 how other investigative goals have been met, including arrests
20 made by such efforts, results of prosecutions based on such
21 arrests, impact upon organized criminal enterprise structures
22 by reason of such efforts, property or currency seizures made,
23 illicit money laundering operations disrupted or otherwise
24 impacted, forfeiture of assets by reason of such efforts, and
25 anticipated or actual utilization of assets received by reason
26 of a forfeiture based in whole or in part upon an
27 investigation funded in whole or in part by council funds.
28 (4)(3)(a) Except as permitted in this section, a
29 disbursement from for the Violent Crime Investigative
30 Emergency and Drug Control Strategy Implementation Account
31 shall not be used to supplant existing appropriations of state
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1 and local law enforcement agencies and counties or to
2 otherwise fund expenditures that are ordinary or reasonably
3 predictable for the operation of a state or local law
4 enforcement agency.
5 (b) The moneys placed in the account shall consist of
6 appropriations from the Legislature or moneys received from
7 any other public or private source. Any local law enforcement
8 agency that acquires funds pursuant to the Florida Contraband
9 Forfeiture Act or any other forfeiture action is authorized to
10 donate a portion of such funds to the account.
11 (c) Upon a finding by a majority of the members of the
12 council, any unexcused failure by recipient agencies or task
13 forces to utilize funds in the manner authorized by this
14 section and the Florida Violent Crime and Drug Control
15 Council, or to timely provide required accounting records,
16 reports, or other information requested by the council or by
17 the department related to funding requested or provided,
18 shall:
19 1. Constitute a basis for a demand by the council for
20 the immediate return of all or any portion of funds previously
21 provided to the recipient by the council; and
22 2. Result in termination or limitation of any pending
23 funding by the council under this section,
24
25 and may, upon specific direction of a majority of the council,
26 result in disqualification of the involved agencies or task
27 forces from consideration for additional or future funding for
28 investigative efforts as described in this section for a
29 period of not more than 2 years following the council's
30 action. The council, through the department, is authorized to
31 pursue any collection remedies necessary if a recipient agency
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1 fails to return funds as demanded.
2 Section 4. Section 943.0585, Florida Statutes, is
3 amended to read:
4 943.0585 Court-ordered expunction of criminal history
5 records.--The courts of this state have jurisdiction over
6 their own procedures, including the maintenance, expunction,
7 and correction of judicial records containing criminal history
8 information to the extent such procedures are not inconsistent
9 with the conditions, responsibilities, and duties established
10 by this section. Any court of competent jurisdiction may order
11 a criminal justice agency to expunge the criminal history
12 record of a minor or an adult who complies with the
13 requirements of this section. The court shall not order a
14 criminal justice agency to expunge a criminal history record
15 until the person seeking to expunge a criminal history record
16 has applied for and received a certificate of eligibility for
17 expunction pursuant to subsection (2). A criminal history
18 record that relates to a violation of s. 787.025, chapter 794,
19 s. 796.03, s. 800.04, s. 817.034, s. 825.1025, s. 827.071,
20 chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s.
21 893.135, or a violation enumerated in s. 907.041 may not be
22 expunged, without regard to whether adjudication was withheld,
23 if the defendant was found guilty of or pled guilty or nolo
24 contendere to the offense, or if the defendant, as a minor,
25 was found to have committed, or pled guilty or nolo contendere
26 to committing, the offense as a delinquent act. The court may
27 only order expunction of a criminal history record pertaining
28 to one arrest or one incident of alleged criminal activity,
29 except as provided in this section. The court may, at its sole
30 discretion, order the expunction of a criminal history record
31 pertaining to more than one arrest if the additional arrests
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1 directly relate to the original arrest. If the court intends
2 to order the expunction of records pertaining to such
3 additional arrests, such intent must be specified in the
4 order. A criminal justice agency may not expunge any record
5 pertaining to such additional arrests if the order to expunge
6 does not articulate the intention of the court to expunge a
7 record pertaining to more than one arrest. This section does
8 not prevent the court from ordering the expunction of only a
9 portion of a criminal history record pertaining to one arrest
10 or one incident of alleged criminal activity. Notwithstanding
11 any law to the contrary, a criminal justice agency may comply
12 with laws, court orders, and official requests of other
13 jurisdictions relating to expunction, correction, or
14 confidential handling of criminal history records or
15 information derived therefrom. This section does not confer
16 any right to the expunction of any criminal history record,
17 and any request for expunction of a criminal history record
18 may be denied at the sole discretion of the court.
19 (1) PETITION TO EXPUNGE A CRIMINAL HISTORY
20 RECORD.--Each petition to a court to expunge a criminal
21 history record is complete only when accompanied by:
22 (a) A certificate of eligibility for expunction issued
23 by the department pursuant to subsection (2).
24 (b) The petitioner's sworn statement attesting that
25 the petitioner:
26 1. Has never, prior to the date on which the petition
27 is filed, been adjudicated guilty of a criminal offense or
28 comparable ordinance violation or adjudicated delinquent for
29 committing a felony or a misdemeanor specified in s.
30 943.051(3)(b).
31 2. Has not been adjudicated guilty of, or adjudicated
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1 delinquent for committing, any of the acts stemming from the
2 arrest or alleged criminal activity to which the petition
3 pertains.
4 3. Has never secured a prior sealing or expunction of
5 a criminal history record under this section, former s.
6 893.14, former s. 901.33, or former s. 943.058, or from any
7 jurisdiction outside the state.
8 4. Is eligible for such an expunction to the best of
9 his or her knowledge or belief and does not have any other
10 petition to expunge or any petition to seal pending before any
11 court.
12
13 Any person who knowingly provides false information on such
14 sworn statement to the court commits a felony of the third
15 degree, punishable as provided in s. 775.082, s. 775.083, or
16 s. 775.084.
17 (2) CERTIFICATE OF ELIGIBILITY FOR EXPUNCTION.--Prior
18 to petitioning the court to expunge a criminal history record,
19 a person seeking to expunge a criminal history record shall
20 apply to the department for a certificate of eligibility for
21 expunction. The department shall, by rule adopted pursuant to
22 chapter 120, establish procedures pertaining to the
23 application for and issuance of certificates of eligibility
24 for expunction. The department shall issue a certificate of
25 eligibility for expunction to a person who is the subject of a
26 criminal history record if that person:
27 (a) Has obtained, and submitted to the department, a
28 written, certified statement from the appropriate state
29 attorney or statewide prosecutor which indicates:
30 1. That an indictment, information, or other charging
31 document was not filed or issued in the case.
19
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1 2. That an indictment, information, or other charging
2 document, if filed or issued in the case, was dismissed or
3 nolle prosequi by the state attorney or statewide prosecutor,
4 or was dismissed by a court of competent jurisdiction.
5 3. That the criminal history record does not relate to
6 a violation of s. 787.025, chapter 794, s. 796.03, s. 800.04,
7 s. 817.034, s. 825.1025, s. 827.071, chapter 839, s. 847.0133,
8 s. 847.0135, s. 847.0145, s. 893.135, or a violation
9 enumerated in s. 907.041, where the defendant was found guilty
10 of, or pled guilty or nolo contendere to any such offense, or
11 that the defendant, as a minor, was found to have committed,
12 or pled guilty or nolo contendere to committing, such an
13 offense as a delinquent act, without regard to whether
14 adjudication was withheld.
15 (b) Remits a $75 processing fee to the department for
16 placement in the Department of Law Enforcement Operating Trust
17 Fund, unless such fee is waived by the executive director.
18 (c) Has submitted to the department a certified copy
19 of the disposition of the charge to which the petition to
20 expunge pertains.
21 (d) Has never, prior to the date on which the
22 application for a certificate of eligibility is filed, been
23 adjudicated guilty of a criminal offense or comparable
24 ordinance violation or adjudicated delinquent for committing a
25 felony or a misdemeanor specified in s. 943.051(3)(b).
26 (e) Has not been adjudicated guilty of, or adjudicated
27 delinquent for committing, any of the acts stemming from the
28 arrest or alleged criminal activity to which the petition to
29 expunge pertains.
30 (f) Has never secured a prior sealing or expunction of
31 a criminal history record under this section, former s.
20
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1 893.14, former s. 901.33, or former s. 943.058.
2 (g) Is no longer under court supervision applicable to
3 the disposition of the arrest or alleged criminal activity to
4 which the petition to expunge pertains.
5 (h) Is not required to wait a minimum of 10 years
6 prior to being eligible for an expunction of such records
7 because all charges related to the arrest or criminal activity
8 to which the petition to expunge pertains were dismissed prior
9 to trial, adjudication, or the withholding of adjudication.
10 Otherwise, such criminal history record must be sealed under
11 this section, former s. 893.14, former s. 901.33, or former s.
12 943.058 for at least 10 years before such record is eligible
13 for expunction.
14 (3) PROCESSING OF A PETITION OR ORDER TO EXPUNGE.--
15 (a) In judicial proceedings under this section, a copy
16 of the completed petition to expunge shall be served upon the
17 appropriate state attorney or the statewide prosecutor and
18 upon the arresting agency; however, it is not necessary to
19 make any agency other than the state a party. The appropriate
20 state attorney or the statewide prosecutor and the arresting
21 agency may respond to the court regarding the completed
22 petition to expunge.
23 (b) If relief is granted by the court, the clerk of
24 the court shall certify copies of the order to the appropriate
25 state attorney or the statewide prosecutor and the arresting
26 agency. The arresting agency is responsible for forwarding the
27 order to any other agency to which the arresting agency
28 disseminated the criminal history record information to which
29 the order pertains. The department shall forward the order to
30 expunge to the Federal Bureau of Investigation. The clerk of
31 the court shall certify a copy of the order to any other
21
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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 (4) EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.--Any
22
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1 criminal history record of a minor or an adult which is
2 ordered expunged by a court of competent jurisdiction pursuant
3 to this section must be physically destroyed or obliterated by
4 any criminal justice agency having custody of such record;
5 except that any criminal history record in the custody of the
6 department must be retained in all cases. A criminal history
7 record ordered expunged that is retained by the department is
8 confidential and exempt from the provisions of s. 119.07(1)
9 and s. 24(a), Art. I of the State Constitution and not
10 available to any person or entity except upon order of a court
11 of competent jurisdiction. A criminal justice agency may
12 retain a notation indicating compliance with an order to
13 expunge.
14 (a) The person who is the subject of a criminal
15 history record that is expunged under this section or under
16 other provisions of law, including former s. 893.14, former s.
17 901.33, and former s. 943.058, may lawfully deny or fail to
18 acknowledge the arrests covered by the expunged record, except
19 when the subject of the record:
20 1. Is a candidate for employment with a criminal
21 justice agency;
22 2. Is a defendant in a criminal prosecution;
23 3. Concurrently or subsequently petitions for relief
24 under this section or s. 943.059;
25 4. Is a candidate for admission to The Florida Bar;
26 5. Is seeking to be employed or licensed by or to
27 contract with the Department of Children and Family Services
28 or the Department of Juvenile Justice or to be employed or
29 used by such contractor or licensee in a sensitive position
30 having direct contact with children, the developmentally
31 disabled, the aged, or the elderly as provided in s.
23
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1 110.1127(3), s. 393.063(15), s. 394.4572(1), s. 397.451, s.
2 402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4), s.
3 985.407, or chapter 400; or
4 6. Is seeking to be employed or licensed by the Office
5 of Teacher Education, Certification, Staff Development, and
6 Professional Practices of the Department of Education, any
7 district school board, or any local governmental entity that
8 licenses child care facilities.
9 (b) Subject to the exceptions in paragraph (a), a
10 person who has been granted an expunction under this section,
11 former s. 893.14, former s. 901.33, or former s. 943.058 may
12 not be held under any provision of law of this state to commit
13 perjury or to be otherwise liable for giving a false statement
14 by reason of such person's failure to recite or acknowledge an
15 expunged criminal history record.
16 (c) Information relating to the existence of an
17 expunged criminal history record which is provided in
18 accordance with paragraph (a) is confidential and exempt from
19 the provisions of s. 119.07(1) and s. 24(a), Art. I of the
20 State Constitution, except that the department shall disclose
21 the existence of a criminal history record ordered expunged to
22 the entities set forth in subparagraphs (a)1., 4., 5., and 6.
23 for their respective licensing and employment purposes, and to
24 criminal justice agencies for their respective criminal
25 justice purposes. It is unlawful for any employee of an entity
26 set forth in subparagraph (a)1., subparagraph (a)4.,
27 subparagraph (a)5., or subparagraph (a)6. to disclose
28 information relating to the existence of an expunged criminal
29 history record of a person seeking employment or licensure
30 with such entity or contractor, except to the person to whom
31 the criminal history record relates or to persons having
24
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1 direct responsibility for employment or licensure decisions.
2 Any person who violates this paragraph commits a misdemeanor
3 of the first degree, punishable as provided in s. 775.082 or
4 s. 775.083.
5 (5) STATUTORY REFERENCES.--Any reference to any other
6 chapter, section, or subdivision of the Florida Statutes in
7 this section constitutes a general reference under the
8 doctrine of incorporation by reference.
9 Section 5. Section 943.059, Florida Statutes, is
10 amended to read:
11 943.059 Court-ordered sealing of criminal history
12 records.--The courts of this state shall continue to have
13 jurisdiction over their own procedures, including the
14 maintenance, sealing, and correction of judicial records
15 containing criminal history information to the extent such
16 procedures are not inconsistent with the conditions,
17 responsibilities, and duties established by this section. Any
18 court of competent jurisdiction may order a criminal justice
19 agency to seal the criminal history record of a minor or an
20 adult who complies with the requirements of this section. The
21 court shall not order a criminal justice agency to seal a
22 criminal history record until the person seeking to seal a
23 criminal history record has applied for and received a
24 certificate of eligibility for sealing pursuant to subsection
25 (2). A criminal history record that relates to a violation of
26 s. 787.025, chapter 794, s. 796.03, s. 800.04, s. 817.034, s.
27 825.1025, s. 827.071, chapter 839, s. 847.0133, s. 847.0135,
28 s. 847.0145, s. 893.135, or a violation enumerated in s.
29 907.041 may not be sealed, without regard to whether
30 adjudication was withheld, if the defendant was found guilty
31 of or pled guilty or nolo contendere to the offense, or if the
25
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1 defendant, as a minor, was found to have committed or pled
2 guilty or nolo contendere to committing the offense as a
3 delinquent act. The court may only order sealing of a criminal
4 history record pertaining to one arrest or one incident of
5 alleged criminal activity, except as provided in this section.
6 The court may, at its sole discretion, order the sealing of a
7 criminal history record pertaining to more than one arrest if
8 the additional arrests directly relate to the original arrest.
9 If the court intends to order the sealing of records
10 pertaining to such additional arrests, such intent must be
11 specified in the order. A criminal justice agency may not seal
12 any record pertaining to such additional arrests if the order
13 to seal does not articulate the intention of the court to seal
14 records pertaining to more than one arrest. This section does
15 not prevent the court from ordering the sealing of only a
16 portion of a criminal history record pertaining to one arrest
17 or one incident of alleged criminal activity. Notwithstanding
18 any law to the contrary, a criminal justice agency may comply
19 with laws, court orders, and official requests of other
20 jurisdictions relating to sealing, correction, or confidential
21 handling of criminal history records or information derived
22 therefrom. This section does not confer any right to the
23 sealing of any criminal history record, and any request for
24 sealing a criminal history record may be denied at the sole
25 discretion of the court.
26 (1) PETITION TO SEAL A CRIMINAL HISTORY RECORD.--Each
27 petition to a court to seal a criminal history record is
28 complete only when accompanied by:
29 (a) A certificate of eligibility for sealing issued by
30 the department pursuant to subsection (2).
31 (b) The petitioner's sworn statement attesting that
26
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1 the petitioner:
2 1. Has never, prior to the date on which the petition
3 is filed, been adjudicated guilty of a criminal offense or
4 comparable ordinance violation or adjudicated delinquent for
5 committing a felony or a misdemeanor specified in s.
6 943.051(3)(b).
7 2. Has not been adjudicated guilty of or adjudicated
8 delinquent for committing any of the acts stemming from the
9 arrest or alleged criminal activity to which the petition to
10 seal pertains.
11 3. Has never secured a prior sealing or expunction of
12 a criminal history record under this section, former s.
13 893.14, former s. 901.33, former s. 943.058, or from any
14 jurisdiction outside the state.
15 4. Is eligible for such a sealing to the best of his
16 or her knowledge or belief and does not have any other
17 petition to seal or any petition to expunge pending before any
18 court.
19
20 Any person who knowingly provides false information on such
21 sworn statement to the court commits a felony of the third
22 degree, punishable as provided in s. 775.082, s. 775.083, or
23 s. 775.084.
24 (2) CERTIFICATE OF ELIGIBILITY FOR SEALING.--Prior to
25 petitioning the court to seal a criminal history record, a
26 person seeking to seal a criminal history record shall apply
27 to the department for a certificate of eligibility for
28 sealing. The department shall, by rule adopted pursuant to
29 chapter 120, establish procedures pertaining to the
30 application for and issuance of certificates of eligibility
31 for sealing. The department shall issue a certificate of
27
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1 eligibility for sealing to a person who is the subject of a
2 criminal history record provided that such person:
3 (a) Has submitted to the department a certified copy
4 of the disposition of the charge to which the petition to seal
5 pertains.
6 (b) Remits a $75 processing fee to the department for
7 placement in the Department of Law Enforcement Operating Trust
8 Fund, unless such fee is waived by the executive director.
9 (c) Has never, prior to the date on which the
10 application for a certificate of eligibility is filed, been
11 adjudicated guilty of a criminal offense or comparable
12 ordinance violation or adjudicated delinquent for committing a
13 felony or a misdemeanor specified in s. 943.051(3)(b).
14 (d) Has not been adjudicated guilty of or adjudicated
15 delinquent for committing any of the acts stemming from the
16 arrest or alleged criminal activity to which the petition to
17 seal pertains.
18 (e) Has never secured a prior sealing or expunction of
19 a criminal history record under this section, former s.
20 893.14, former s. 901.33, or former s. 943.058.
21 (f) Is no longer under court supervision applicable to
22 the disposition of the arrest or alleged criminal activity to
23 which the petition to seal pertains.
24 (3) PROCESSING OF A PETITION OR ORDER TO SEAL.--
25 (a) In judicial proceedings under this section, a copy
26 of the completed petition to seal shall be served upon the
27 appropriate state attorney or the statewide prosecutor and
28 upon the arresting agency; however, it is not necessary to
29 make any agency other than the state a party. The appropriate
30 state attorney or the statewide prosecutor and the arresting
31 agency may respond to the court regarding the completed
28
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Amendment No. ___ Barcode 595944
1 petition to seal.
2 (b) If relief is granted by the court, the clerk of
3 the court shall certify copies of the order to the appropriate
4 state attorney or the statewide prosecutor and to the
5 arresting agency. The arresting agency is responsible for
6 forwarding the order to any other agency to which the
7 arresting agency disseminated the criminal history record
8 information to which the order pertains. The department shall
9 forward the order to seal to the Federal Bureau of
10 Investigation. The clerk of the court shall certify a copy of
11 the order to any other agency which the records of the court
12 reflect has received the criminal history record from the
13 court.
14 (c) For an order to seal entered by a court prior to
15 July 1, 1992, the department shall notify the appropriate
16 state attorney or statewide prosecutor of any order to seal
17 which is contrary to law because the person who is the subject
18 of the record has previously been convicted of a crime or
19 comparable ordinance violation or has had a prior criminal
20 history record sealed or expunged. Upon receipt of such
21 notice, the appropriate state attorney or statewide prosecutor
22 shall take action, within 60 days, to correct the record and
23 petition the court to void the order to seal. The department
24 shall seal the record until such time as the order is voided
25 by the court.
26 (d) On or after July 1, 1992, the department or any
27 other criminal justice agency is not required to act on an
28 order to seal entered by a court when such order does not
29 comply with the requirements of this section. Upon receipt of
30 such an order, the department must notify the issuing court,
31 the appropriate state attorney or statewide prosecutor, the
29
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1 petitioner or the petitioner's attorney, and the arresting
2 agency of the reason for noncompliance. The appropriate state
3 attorney or statewide prosecutor shall take action within 60
4 days to correct the record and petition the court to void the
5 order. No cause of action, including contempt of court, shall
6 arise against any criminal justice agency for failure to
7 comply with an order to seal when the petitioner for such
8 order failed to obtain the certificate of eligibility as
9 required by this section or when such order does not comply
10 with the requirements of this section.
11 (e) An order sealing a criminal history record
12 pursuant to this section does not require that such record be
13 surrendered to the court, and such record shall continue to be
14 maintained by the department and other criminal justice
15 agencies.
16 (4) EFFECT OF CRIMINAL HISTORY RECORD SEALING.--A
17 criminal history record of a minor or an adult which is
18 ordered sealed by a court of competent jurisdiction pursuant
19 to this section is confidential and exempt from the provisions
20 of s. 119.07(1) and s. 24(a), Art. I of the State Constitution
21 and is available only to the person who is the subject of the
22 record, to the subject's attorney, to criminal justice
23 agencies for their respective criminal justice purposes, or to
24 those entities set forth in subparagraphs (a)1., 4., 5., and
25 6. for their respective licensing and employment purposes.
26 (a) The subject of a criminal history record sealed
27 under this section or under other provisions of law, including
28 former s. 893.14, former s. 901.33, and former s. 943.058, may
29 lawfully deny or fail to acknowledge the arrests covered by
30 the sealed record, except when the subject of the record:
31 1. Is a candidate for employment with a criminal
30
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1 justice agency;
2 2. Is a defendant in a criminal prosecution;
3 3. Concurrently or subsequently petitions for relief
4 under this section or s. 943.0585;
5 4. Is a candidate for admission to The Florida Bar;
6 5. Is seeking to be employed or licensed by or to
7 contract with the Department of Children and Family Services
8 or the Department of Juvenile Justice or to be employed or
9 used by such contractor or licensee in a sensitive position
10 having direct contact with children, the developmentally
11 disabled, the aged, or the elderly as provided in s.
12 110.1127(3), s. 393.063(15), s. 394.4572(1), s. 397.451, s.
13 402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4), s.
14 415.103, s. 985.407, or chapter 400; or
15 6. Is seeking to be employed or licensed by the Office
16 of Teacher Education, Certification, Staff Development, and
17 Professional Practices of the Department of Education, any
18 district school board, or any local governmental entity which
19 licenses child care facilities.
20 (b) Subject to the exceptions in paragraph (a), a
21 person who has been granted a sealing 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 a
26 sealed criminal history record.
27 (c) Information relating to the existence of a sealed
28 criminal record provided in accordance with the provisions of
29 paragraph (a) is confidential and exempt from the provisions
30 of s. 119.07(1) and s. 24(a), Art. I of the State
31 Constitution, except that the department shall disclose the
31
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1 sealed criminal history record to the entities set forth in
2 subparagraphs (a)1., 4., 5., and 6. for their respective
3 licensing and employment purposes. It is unlawful for any
4 employee of an entity set forth in subparagraph (a)1.,
5 subparagraph (a)4., subparagraph (a)5., or subparagraph (a)6.
6 to disclose information relating to the existence of a sealed
7 criminal history record of a person seeking employment or
8 licensure with such entity or contractor, except to the person
9 to whom the criminal history record relates or to persons
10 having direct responsibility for employment or licensure
11 decisions. Any person who violates the provisions of this
12 paragraph commits a misdemeanor of the first degree,
13 punishable as provided in s. 775.082 or s. 775.083.
14 (5) STATUTORY REFERENCES.--Any reference to any other
15 chapter, section, or subdivision of the Florida Statutes in
16 this section constitutes a general reference under the
17 doctrine of incorporation by reference.
18 Section 6. Section 943.325, Florida Statutes, is
19 amended to read:
20 943.325 Blood or other biological specimen testing for
21 DNA analysis.--
22 (1)(a) Any person who is convicted or was previously
23 convicted in this state for any offense or attempted offense
24 defined in chapter 794, chapter 800, s. 782.04, s. 784.045, s.
25 810.02, s. 812.133, or s. 812.135 and who is either:
26 1. Still incarcerated, or
27 2. No longer incarcerated, or has never been
28 incarcerated, yet but is within the confines of the legal
29 state boundaries and is on probation, community control,
30 parole, conditional release, control release, or any other
31 court-ordered supervision,
32
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1
2 shall be required to submit two specimens of blood or other
3 biological specimens approved by the Department of Law
4 Enforcement to a Department of Law Enforcement designated
5 testing facility as directed by the department.
6 (b) For the purpose of this section, the term "any
7 person" shall include both juveniles and adults committed to
8 or under the supervision of the Department of Corrections or
9 the Department of Juvenile Justice or committed to a county
10 jail.
11 (2) The withdrawal of blood for purposes of this
12 section shall be performed in a medically approved manner
13 using a collection kit provided by, or accepted by, the
14 Department of Law Enforcement and only by or under the
15 supervision of a physician, registered nurse, licensed
16 practical nurse, or duly licensed medical personnel, or other
17 trained and competent personnel. The collection of other
18 approved biological specimens shall be performed by any person
19 using a collection kit provided by, or accepted by, the
20 Department of Law Enforcement in a manner approved by the
21 department, as directed in the kit, or as otherwise found to
22 be acceptable by the department.
23 (3) Upon a conviction of any person for any offense
24 under paragraph (1)(a) which results in the commitment of the
25 offender to a county jail, correctional facility, or juvenile
26 facility, the entity responsible for the facility shall assure
27 that the blood specimens or other biological specimens
28 required by this section and approved by the Department of Law
29 Enforcement are promptly secured and transmitted to the
30 Department of Law Enforcement. If the person is not
31 incarcerated following such conviction, the person may not be
33
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1 released from the custody of the court or released pursuant to
2 a bond or surety until the blood specimens or other approved
3 biological specimens required by this section have been taken.
4 The chief judge of each circuit shall, in conjunction with the
5 sheriff or other entity that maintains the county jail, assure
6 implementation of a method to promptly collect required blood
7 specimens or other approved biological specimens and forward
8 the specimens to the Department of Law Enforcement. The
9 Department of Law Enforcement, in conjunction with the
10 sheriff, the courts, the Department of Corrections, and the
11 Department of Juvenile Justice, shall develop a statewide
12 protocol for securing the blood specimens or other approved
13 biological specimens of any person required to provide
14 specimens under this section. Personnel at the jail,
15 correctional facility, or juvenile facility shall implement
16 the protocol as part of the regular processing of offenders.
17 (4) If any blood specimens or other approved
18 biological specimens submitted to the Department of Law
19 Enforcement under this section are found to be unacceptable
20 for analysis and use or cannot be used by the department in
21 the manner required by this section, the Department of Law
22 Enforcement may require that another set of blood specimens or
23 other approved biological specimens be taken as set forth in
24 subsection (11).
25 (5) The Department of Law Enforcement shall provide
26 the specimen vials, mailing tubes, labels, or other
27 appropriate containers and instructions for the collection of
28 blood specimens or other approved biological specimens. The
29 specimens shall thereafter be forwarded to the designated
30 testing facility for analysis to determine genetic markers and
31 characteristics for the purpose of individual identification
34
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1 of the person submitting the sample.
2 (6) In addition to the specimens required to be
3 submitted under this section, the Department of Law
4 Enforcement may receive and utilize other blood specimens or
5 other approved biological specimens. Any The analysis, when
6 completed, shall be entered into the automated database
7 maintained by the Department of Law Enforcement for such
8 purpose, as provided in this section, and shall not be
9 included in the state central criminal justice information
10 repository.
11 (7) The results of a DNA analysis and the comparison
12 of analytic results shall be released only to criminal justice
13 agencies as defined in s. 943.045(10), at the request of the
14 agency. Otherwise, such information is confidential and exempt
15 from the provisions of s. 119.07(1) and s. 24(a), Art. I of
16 the State Constitution.
17 (8) The Department of Law Enforcement and the
18 statewide criminal laboratory analysis system shall establish,
19 implement, and maintain a statewide automated personal
20 identification system capable of, but not limited to,
21 classifying, matching, and storing analyses of DNA
22 (deoxyribonucleic acid) and other biological molecules. The
23 system shall be available to all criminal justice agencies.
24 (9) The Department of Law Enforcement shall:
25 (a) Receive, process, and store blood specimen samples
26 or other approved biological specimen samples and the data
27 derived therefrom furnished pursuant to subsection (1), or
28 pursuant to a requirement of supervision imposed by the court
29 or the Parole Commission with respect to a person convicted of
30 any offense specified in subsection (1), or as specified in
31 subsection (6).
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1 (b) Collect, process, maintain, and disseminate
2 information and records pursuant to this section.
3 (c) Strive to maintain or disseminate only accurate
4 and complete records.
5 (d) Adopt rules prescribing the proper procedure for
6 state and local law enforcement and correctional agencies to
7 collect and submit blood specimen samples and other approved
8 biological specimen samples pursuant to this section.
9 (10)(a) The court shall include in the judgment of
10 conviction for an offense specified in this section, or a
11 finding that a person described in subsection (1) violated a
12 condition of probation, community control, or any other
13 court-ordered supervision, an order stating that blood
14 specimens or other approved biological specimens are required
15 to be drawn or collected by the appropriate agency in a manner
16 consistent with this section and, unless the convicted person
17 lacks the ability to pay, the person shall reimburse the
18 appropriate agency for the cost of drawing and transmitting
19 the blood specimens or collecting and transmitting other
20 approved biological specimens to the Florida Department of Law
21 Enforcement. The reimbursement payment may be deducted from
22 any existing balance in the inmate's bank account. If the
23 account balance is insufficient to cover the cost of drawing
24 and transmitting the blood specimens or collecting and
25 transmitting other approved biological specimens to the
26 Florida Department of Law Enforcement, 50 percent of each
27 deposit to the account must be withheld until the total amount
28 owed has been paid. If the judgment places the convicted
29 person on probation, community control, or any other
30 court-ordered supervision, the court shall order the convicted
31 person to submit to the drawing of the blood specimens or the
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1 collecting of other approved biological specimens as a
2 condition of the probation, community control, or other
3 court-ordered supervision. For the purposes of a person who is
4 on probation, community control, or any other court-ordered
5 supervision, the collection requirement must be based upon a
6 court order, or as otherwise provided by the person in the
7 absence of a court order. If the judgment sentences the
8 convicted person to time served, the court shall order the
9 convicted person to submit to the drawing of the blood
10 specimens or the collecting of other approved biological
11 specimens as a condition of such sentence.
12 (b) The appropriate agency shall cause the specimens
13 to be drawn or collected as soon as practical after conviction
14 but, in the case of any person ordered to serve a term of
15 incarceration as part of the sentence, the specimen shall be
16 drawn or collected as soon as practical after the receipt of
17 the convicted person by the custodial facility. For the
18 purpose of this section, the appropriate agency shall be the
19 Department of Corrections whenever the convicted person is
20 committed to the legal and physical custody of the department.
21 Conviction information contained in the offender information
22 system of the Department of Corrections shall be sufficient to
23 determine applicability under this section. The appropriate
24 agency shall be the sheriff or officer in charge of the county
25 correctional facility whenever the convicted person is placed
26 on probation, community control, or any other court-ordered
27 supervision or form of supervised release or is committed to
28 the legal and physical custody of a county correctional
29 facility.
30 (c) Any person previously convicted of an offense
31 specified in this section, or a crime which, if committed in
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1 this state, would be an offense specified in this section, and
2 who is also subject to the registration requirement imposed by
3 s. 775.13, shall be subject to the collection requirement of
4 this section when the appropriate agency described in this
5 section verifies the identification information of the person.
6 The collection requirement of this section does not apply to a
7 person as described in s. 775.13(5).
8 (d) For the purposes of this section, conviction shall
9 include a finding of guilty, or entry of a plea of nolo
10 contendere or guilty, regardless of adjudication or, in the
11 case of a juvenile, the finding of delinquency.
12 (e) If necessary, the state or local law enforcement
13 or correctional agency having authority over the person
14 subject to the sampling under this section shall assist in the
15 procedure. The law enforcement or correctional officer so
16 assisting may use reasonable force if necessary to require
17 such person to submit to the withdrawal of blood specimens or
18 the collection of other approved biological specimens. Any
19 such The withdrawal or collection shall be performed in a
20 reasonable manner. A hospital, clinical laboratory, medical
21 clinic, or similar medical institution; a physician, certified
22 paramedic, registered nurse, licensed practical nurse, or
23 other personnel authorized by a hospital to draw blood; a
24 licensed clinical laboratory director, supervisor,
25 technologist, or technician; or any other person who assists a
26 law enforcement officer is not civilly or criminally liable as
27 a result of withdrawing blood specimens according to accepted
28 medical standards when requested to do so by a law enforcement
29 officer or any personnel of a jail, correctional facility, or
30 juvenile detention facility, regardless of whether the
31 convicted person resisted the drawing of blood specimens. A
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1 person other than the subject required to provide the
2 biological specimens who collects or assists in the collection
3 of approved specimens other than blood is not civilly or
4 criminally liable if a collection kit provided by, or accepted
5 by, the Department of Law Enforcement is utilized and the
6 collection is done in a manner approved by the department, as
7 directed in the kit, or is performed in an otherwise
8 reasonable manner.
9 (f) If a judgment fails to order the convicted person
10 to submit to the drawing of the blood specimens or the
11 collecting of other approved biological specimens as mandated
12 by this section, the state attorney may seek an amended order
13 from the sentencing court mandating the submission of blood
14 specimens or other approved biological specimens in compliance
15 with this section. As an alternative, the department, a state
16 attorney, the Department of Corrections, or any law
17 enforcement agency may seek a court order to secure the blood
18 specimens or other approved biological specimens as authorized
19 in subsection (11).
20 (11) If the Department of Law Enforcement determines
21 that a convicted person who is required to submit blood
22 specimens or other approved biological specimens under this
23 section has not provided the specimens, the department, a
24 state attorney, or any law enforcement agency may apply to the
25 circuit court for an order that authorizes taking the
26 convicted person into custody for the purpose of securing the
27 required specimens. The court shall issue the order upon a
28 showing of probable cause. Following issuance of the order,
29 the convicted person shall be transported to a location
30 acceptable to the agency that has custody of the person, the
31 blood specimens or other approved biological specimens shall
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1 be withdrawn or collected in a reasonable manner, and the
2 person shall be released if there is no other reason to
3 justify retaining the person in custody. An agency acting
4 under authority of an order under this section may, in lieu of
5 transporting the convicted person to a collection site, secure
6 the blood specimens or other approved biological specimens at
7 the location of the convicted person in a reasonable manner.
8 If the convicted person resists providing the specimens,
9 reasonable force may be utilized to secure the specimens and
10 any person utilizing such force to secure the specimens or
11 reasonably assisting in the securing of the specimens is not
12 civilly or criminally liable for actions taken. The agency
13 that takes the convicted person into custody may, but is not
14 required to, transport the person back to the location where
15 the person was taken into custody.
16 (12) Unless the convicted person has been declared
17 indigent by the court, the convicted person shall pay the
18 actual costs of collecting the blood specimens or other
19 approved biological specimens required under this section.
20 (13) If a court, a law enforcement agency, or the
21 Department of Law Enforcement fails to strictly comply with
22 this section or to abide by a statewide protocol for
23 collecting blood specimens or other approved biological
24 specimens, such failure is not grounds for challenging the
25 validity of the collection or the use of a specimen, and
26 evidence based upon or derived from the collected blood
27 specimens or other approved biological specimens may not be
28 excluded by a court.
29 Section 7. Subsection (2) of section 760.40, Florida
30 Statutes, is amended to read:
31 760.40 Genetic testing; informed consent;
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Amendment No. ___ Barcode 595944
1 confidentiality.--
2 (2)(a) Except for purposes of criminal prosecution,
3 except for purposes of determining paternity as provided in s.
4 742.12(1), and except for purposes of acquiring specimens from
5 persons convicted of certain offenses or as otherwise provided
6 in s. 943.325, DNA analysis may be performed only with the
7 informed consent of the person to be tested, and the results
8 of such DNA analysis, whether held by a public or private
9 entity, are the exclusive property of the person tested, are
10 confidential, and may not be disclosed without the consent of
11 the person tested. Such information held by a public entity is
12 exempt from the provisions of s. 119.07(1) and s. 24(a), Art.
13 I of the State Constitution.
14 (b) A person who violates paragraph (a) is guilty of a
15 misdemeanor of the first degree, punishable as provided in s.
16 775.082 or s. 775.083.
17 Section 8. Section 843.167, Florida Statutes, is
18 created to read:
19 843.167 Unlawful use of police communications;
20 enhanced penalties.--
21 (1) A person may not:
22 (a) Intercept any police radio communication by use of
23 a scanner or any other means for the purpose of using that
24 communication to assist in committing a crime or to escape
25 from or avoid detection, arrest, trial, conviction, or
26 punishment in connection with the commission of such crime.
27 (b) Divulge the existence, contents, substance,
28 purport, effect, or meaning of a police radio communication to
29 any person he or she knows to be a suspect in the commission
30 of a crime with the intent that the suspect may escape from or
31 avoid detention, arrest, trial, conviction, or punishment.
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Amendment No. ___ Barcode 595944
1 (2) Any person who is charged with a crime and who,
2 during the time such crime was committed, possessed or used a
3 police scanner or similar device capable of receiving police
4 radio transmissions is presumed to have violated paragraph
5 (1)(a).
6 (3) The penalty for a crime that is committed by a
7 person who violates paragraph (1)(a) shall be enhanced as
8 follows:
9 (a) A misdemeanor of the second degree shall be
10 punished as if it were a misdemeanor of the first degree.
11 (b) A misdemeanor of the first degree shall be
12 punished as if it were a felony of the third degree.
13 (c) A felony of the third degree shall be punished as
14 if it were a felony of the second degree.
15 (d) A felony of the second degree shall be punished as
16 if it were a felony of the first degree.
17 (e) A felony of the first degree shall be punished as
18 if it were a life felony.
19 (4) Any person who violates paragraph (1)(b) commits a
20 misdemeanor of the first degree, punishable as provided in s.
21 775.082 or s. 775.083.
22 Section 9. Subsection (3) of section 943.053, Florida
23 Statutes, is amended to read:
24 943.053 Dissemination of criminal justice information;
25 fees.--
26 (3) Criminal history information, including
27 information relating to minors, compiled by the Criminal
28 Justice Information Program from intrastate sources shall be
29 available on a priority basis to criminal justice agencies for
30 criminal justice purposes free of charge and, otherwise, to
31 governmental agencies not qualified as criminal justice
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1 agencies on an approximate-cost basis. After providing the
2 program with all known identifying information, persons in the
3 private sector may be provided criminal history information
4 upon tender of fees as established and in the manner
5 prescribed by rule of the Department of Law Enforcement. Such
6 fees shall approximate the actual cost of producing the record
7 information. As used in this subsection, the department's
8 determination of actual cost shall take into account the total
9 cost of creating, storing, maintaining, updating, retrieving,
10 improving, and providing criminal history information in a
11 centralized, automated database, including personnel,
12 technology, and infrastructure expenses. Actual cost shall be
13 computed on a fee-per-record basis, and any access to criminal
14 history information by the private sector as provided in this
15 subsection shall be assessed the per-record fee without regard
16 to the quantity or category of criminal history record
17 information requested. Fees may be waived by the executive
18 director of the Department of Law Enforcement for good cause
19 shown.
20 Section 10. Section 943.0582, Florida Statutes, is
21 created to read:
22 943.0582 Prearrest, postarrest, or teen court
23 diversion program expunction.--
24 (1) Notwithstanding any law dealing generally with the
25 preservation and destruction of public records, the department
26 may provide, by rule adopted pursuant to chapter 120, for the
27 expunction of any nonjudicial record of the arrest of a minor
28 who has successfully completed a prearrest or postarrest
29 diversion program for minors as authorized by s. 985.3065.
30 (2) As used in this section, the term "expunction"
31 shall have the same meaning and effect as in s. 943.0585,
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Amendment No. ___ Barcode 595944
1 except that:
2 (a) The provisions of s. 943.0585(4)(a) shall not
3 apply, except that the criminal history record of a person
4 whose record is expunged pursuant to this section shall be
5 made available only to criminal justice agencies for the
6 purpose of determining eligibility for prearrest, postarrest
7 or teen court diversion programs, when the record is sought as
8 part of a criminal investigation, or when the subject of the
9 record is a candidate for employment with a criminal justice
10 agency. For all other purposes, a person whose record is
11 expunged pursuant to this section may lawfully deny or fail to
12 acknowledge the arrest or charge covered by the expunged
13 record.
14 (b) Records maintained by local criminal justice
15 agencies in the county in which the arrest occurred that are
16 eligible for expunction pursuant to this section shall be
17 sealed as the term is used in s. 943.059.
18 (3) As used in this section, the term "nonviolent
19 misdemeanor" includes simple assault or battery when prearrest
20 or postarrest diversion expunction is approved in writing by
21 the state attorney for the county in which the arrest
22 occurred.
23 (4) The department shall expunge the nonjudicial
24 arrest record of a minor who has successfully completed a
25 prearrest or postarrest diversion program if that minor:
26 (a) Submits an application for prearrest or postarrest
27 diversion expunction, on a form promulgated by the department,
28 signed by the minor's parent or legal guardian or by the minor
29 if he or she has reached the age of majority at the time of
30 applying.
31 (b) Submits the application for prearrest or
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Bill No. CS for SB's 1864 & 2086
Amendment No. ___ Barcode 595944
1 postarrest diversion expunction no later than 6 months after
2 completion of the diversion program.
3 (c) Submits to the department, with the application,
4 an official written statement from the state attorney for the
5 county in which the arrest occurred certifying that he or she
6 has successfully completed that county's prearrest or
7 postarrest diversion program and that participation in the
8 program is strictly limited to minors arrested for a
9 nonviolent misdemeanor who have not otherwise been charged
10 with or found to have committed any criminal offense or
11 comparable ordinance violation.
12 (d) Participated in a prearrest or postarrest
13 diversion program that expressly authorizes or permits such
14 expunction to occur.
15 (e) Participated in a prearrest or postarrest
16 diversion program based on an arrest for a nonviolent
17 misdemeanor that would not qualify as an act of "domestic
18 violence" as that term is defined in s. 741.28.
19 (f) Has never, prior to filing the application for
20 expunction, been charged with or been found to have committed
21 any criminal offense or comparable ordinance violation.
22 (5) The department is authorized to charge a $75
23 processing fee for each request received for prearrest or
24 postarrest diversion program expunction, for placement in the
25 Department of Law Enforcement Operating Trust Fund, unless
26 such fee is waived by the executive director.
27 (6) This section shall operate retroactively to permit
28 the expunction of any nonjudicial record of the arrest of a
29 minor who has successfully completed a prearrest or postarrest
30 diversion program on or after July 1, 2000, provided that, in
31 the case of a minor whose completion of the program occurred
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1 before the effective date of this act, the application for
2 prearrest or postarrest diversion expunction is submitted no
3 later than 6 months after the effective date of this act.
4 (7) Expunction or sealing granted pursuant to this
5 section shall not preclude the minor who receives such relief
6 from petitioning for the expunction or sealing of a later
7 criminal history record as provided for in ss. 943.0585 and
8 943.059, provided he or she is otherwise eligible under those
9 sections.
10 Section 11. Section 985.3065, Florida Statutes, is
11 amended to read:
12 985.3065 Prearrest or postarrest diversion programs.--
13 (1) A law enforcement agency or school district, in
14 cooperation with the state attorney, may establish a prearrest
15 or postarrest diversion program.
16 (2) As part of the prearrest or postarrest diversion
17 program, a child who is alleged to have committed a delinquent
18 act may be required to surrender his or her driver's license,
19 or refrain from applying for a driver's license, for not more
20 than 90 days. If the child fails to comply with the
21 requirements of the program, the state attorney may notify the
22 Department of Highway Safety and Motor Vehicles in writing to
23 suspend the child's driver's license for a period that may not
24 exceed 90 days.
25 (3) The prearrest or postarrest diversion program may,
26 upon agreement of the agencies that establish the program,
27 provide for the expunction of the nonjudicial arrest record of
28 a minor who successfully completes such a program pursuant to
29 s. 943.0582.
30 Section 12. This act shall take effect July 1, 2001.
31
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Amendment No. ___ Barcode 595944
1 ================ T I T L E A M E N D M E N T ===============
2 And the title is amended as follows:
3 Delete everything before the enacting clause
4
5 and insert:
6 A bill to be entitled
7 An act relating to law enforcement; amending s.
8 943.031, F.S.; renaming the Florida Violent
9 Crime Council as the Florida Violent Crime and
10 Drug Control Council; revising membership;
11 providing circumstances for additional
12 meetings; prescribing the duties and
13 responsibilities of the Florida Violent Crime
14 and Drug Control Council; providing statutory
15 limits on funding of investigative efforts by
16 the council; authorizing the Victim and Witness
17 Protection Review Committee to conduct meetings
18 by teleconference under certain circumstances;
19 amending s. 943.17, F.S.; conforming a
20 reference; amending s. 943.042, F.S.; renaming
21 the Violent Crime Emergency Account as the
22 Violent Crime Investigative Emergency and Drug
23 Control Strategy Implementation Account;
24 revising provisions relating to use of
25 emergency supplemental funds; clarifying limits
26 on disbursement of funds for certain purposes;
27 requiring the Department of Law Enforcement to
28 adopt rules pertaining to certain
29 investigations; requiring reports by recipient
30 agencies; providing circumstances for
31 limitation or termination of funding or return
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Bill No. CS for SB's 1864 & 2086
Amendment No. ___ Barcode 595944
1 of funds by recipient agencies; amending s.
2 943.0585, F.S., relating to court-ordered
3 expunction of certain criminal history records;
4 adding sexual offenses that require an offender
5 to register with the state to the list of
6 excluded offenses; amending s. 943.059, F.S.,
7 relating to court-ordered sealing of certain
8 criminal history records; adding offenses
9 relating to sexual offenses that require an
10 offender to register with the state to the list
11 of excluded offenses; amending s. 943.325,
12 F.S.; permitting collection of approved
13 biological specimens other than blood for
14 purposes of DNA testing; permitting collection
15 of specimens from certain persons who have
16 never been incarcerated; limiting liability;
17 authorizing use of force to collect specimens
18 under certain circumstances; amending s.
19 760.40, F.S., to conform to changes made by s.
20 943.325, F.S.; creating s. 843.167, F.S.;
21 prohibiting the interception of police
22 communications for certain purposes;
23 prohibiting disclosure of police
24 communications; providing presumptions;
25 providing penalties; amending s. 943.053, F.S.;
26 providing clarification of the manner in which
27 the Department of Law Enforcement determines
28 the actual cost of producing criminal history
29 information; creating s. 943.0582, F.S.;
30 providing for prearrest, postarrest, or teen
31 court diversion program expunction under
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Bill No. CS for SB's 1864 & 2086
Amendment No. ___ Barcode 595944
1 certain circumstances; providing definitions;
2 providing for retroactive effect; amending s.
3 985.3065, F.S.; providing for postarrest
4 diversion programs; providing for expunction of
5 certain records pursuant to s. 943.0582, F.S.;
6 providing an effective date.
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