Senate Bill sb2086

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    Florida Senate - 2001                                  SB 2086

    By Senator Burt





    16-741-01

  1                      A bill to be entitled

  2         An act relating to criminal justice programs;

  3         amending s. 943.031, F.S.; renaming the Florida

  4         Violent Crime Council as the Florida Violent

  5         Crime and Drug Control Council; adding members;

  6         revising powers and duties of the council,

  7         particularly with respect to money laundering

  8         and with drug control; limiting funding that

  9         agencies may receive from the council; amending

10         s. 943.042, F.S.; redesignating the Violent

11         Crime Emergency Account as the Violent Crime

12         Emergency and Drug Control Strategy

13         Implementation Account; prescribing uses that

14         may be made of moneys from the account;

15         limiting funding that agencies may receive from

16         the account; requiring rules that provide

17         funding criteria; providing for

18         disqualification of an agency from funding

19         eligibility and for demand for reimbursement by

20         an agency for failure to use funds as

21         authorized; amending ss. 943.0585, 943.059,

22         F.S.; prescribing additional criminal

23         violations for which a criminal history record

24         may not be expunged or sealed; amending ss.

25         938.01, 943.25, F.S.; providing for deposit of

26         certain court-cost proceeds into the Department

27         of Law Enforcement Operating Trust Fund;

28         prescribing authorized uses of assets in such

29         fund; transferring the criminal justice program

30         of the Department of Community Affairs to the

31         Department of Law Enforcement; providing for

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  1         the latter department to adopt rules relating

  2         to the program; transferring the Prevention of

  3         Domestic and Sexual Violence Program from the

  4         Department of Community Affairs to the

  5         Department of Children and Family Services;

  6         providing for funding the program; providing an

  7         effective date.

  8

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

10

11         Section 1.  Section 943.031, Florida Statutes, is

12  amended to read:

13         943.031  Florida Violent Crime and Drug Control

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

15  develop and implement a statewide strategy to address violent

16  criminal activity and drug-control efforts by state and local

17  law enforcement agencies, including investigations of illicit

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

19  Violent Crime and Drug Control Council is created within the

20  department.  The council shall serve in an advisory capacity

21  to the department.

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

23  members, as follows:

24         (a)  The Attorney General or a designee designate.

25         (b)  A designee designate of the executive director of

26  the Department of Law Enforcement.

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

28  a designee designate.

29         (d)  The Secretary of Juvenile Justice or a designee

30  designate.

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  1         (e)  The Commissioner of Education or a designee

  2  designate.

  3         (f)  The president of the Florida Network of

  4  Victim/Witness Services, Inc., or a designee designate.

  5         (g)  The Director of the Office of Drug Control,

  6  Executive Office of the Governor, or a designee.

  7         (h)  The Comptroller, or a designee.

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

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

10  examiner, and one state attorney.

11

12  The Governor, when making appointments under this subsection,

13  must take into consideration representation by geography,

14  population, ethnicity, and other relevant factors to ensure

15  that the membership of the council is representative of the

16  state at large. A designee appearing on behalf of a council

17  member who is unable to attend a meeting of the council may

18  vote on issues before the council to the same extent the

19  designating council member may do so.

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

21  STAFF.--

22         (a)  Members appointed by the Governor shall be

23  appointed for terms of 2 years.  The other members are

24  standing members of the council.  In no event shall a member

25  serve beyond the time he or she ceases to hold the office or

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

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

28  shall be only for the unexpired term.

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

30  legitimate state, county, and municipal purpose and that

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

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

  2  council does not disqualify a member from holding any other

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

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

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

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

  7  deemed appropriate, other officers may be elected by the

  8  members.

  9         (d)  Members of the council shall serve without

10  compensation but are entitled to reimbursement for per diem

11  and travel expenses pursuant to s. 112.061. Reimbursements

12  made pursuant to this paragraph shall be paid from funds

13  available in the Violent Crime Emergency and Drug Control

14  Strategy Implementation Account within the Department of Law

15  Enforcement Operating Trust Fund.

16         (e)  The department shall provide the council with

17  staff necessary to assist the council in the performance of

18  its duties.

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

20  semiannually. Additional meetings may be held when it is

21  determined deemed appropriate by the chair that extraordinary

22  circumstances prompt an additional meeting of the council or a

23  majority of the council members.  A majority of the members of

24  the council constitutes a quorum.

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

26  advice and make recommendations, as necessary, to the

27  executive director of the department.

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

29  the feasibility of undertaking initiatives which include, but

30  are not limited to, the following:

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  1         1.  Establishing a program which provides grants to

  2  criminal justice agencies that develop and implement effective

  3  violent crime prevention and investigative programs and

  4  providing grants to law enforcement agencies for the purpose

  5  of investigative or task force efforts relating to illicit

  6  money laundering and drug control which are determined by the

  7  council to significantly contribute to achieving the state's

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

  9  Office of Drug Control, which represent a significant

10  investigative effort into illicit money laundering, or which

11  otherwise significantly support statewide strategies developed

12  by the Statewide Drug Policy Advisory Council established

13  under s. 397.333 under the limitations provided in this

14  section. The grant program may shall include an innovations

15  grant program to provide startup funding for new initiatives

16  by local and state law enforcement agencies to combat violent

17  crime or to implement law enforcement drug-control or illicit

18  money-laundering investigative or task force efforts,

19  including, but not limited to, initiatives such as:

20         a.  Providing Provision of enhanced community-oriented

21  policing.

22         b.  Providing Provision of additional undercover

23  officers and other investigative officers to assist with

24  violent crime investigations in emergency situations.

25         c.  Providing funding of multi-agency or statewide

26  investigations or task force efforts relating to illicit money

27  laundering and drug control which cannot be reasonably totally

28  funded by alternative sources and which significantly

29  contribute to achieving the state's goal of reducing

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

31  Control, which represent a significant investigative effort

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  1  into money laundering, or which otherwise significantly

  2  support statewide strategies developed by the Statewide Drug

  3  Policy Advisory Council established under s. 397.333.

  4         2.  Creating a criminal justice research and behavioral

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

  6  law enforcement agencies undertaking unique or emergency

  7  violent crime investigations, including the mobilization of

  8  special task forces to directly target violent crime in

  9  specific areas.

10         2.3.  Expanding the use of automated fingerprint

11  identification systems at the state and local level.

12         3.4.  Identifying methods to prevent violent crime.

13         4.  Identifying methods to enhance multi-agency or

14  statewide investigations or task force efforts relating to

15  illicit money laundering or drug control which significantly

16  contribute to achieving the state's goal of reducing

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

18  Control, which represent a significant investigative effort

19  into money laundering, or which otherwise significantly

20  support statewide strategies developed by the Statewide Drug

21  Policy Advisory Council established under s. 397.333.

22         5.  Enhancing criminal justice training programs which

23  address violent crime or investigative techniques or efforts

24  relating to illicit money laundering or drug control.

25         6.  Developing and promoting crime prevention services

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

27  not limited to:

28         a.  Enhanced victim and witness counseling services

29  that also provide crisis intervention, information referral,

30  transportation, and emergency financial assistance.

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  1         b.  A well-publicized rewards program for the

  2  apprehension and conviction of criminals who perpetrate

  3  violent crimes.

  4         7.  Enhancing information sharing and assistance in the

  5  criminal justice community by expanding the use of community

  6  partnerships and community policing programs. Such expansion

  7  may include the use of civilian employees or volunteers to

  8  relieve law enforcement officers of clerical work in order to

  9  enable the officers to concentrate on street visibility within

10  the community.

11         (b)  Additionally, The council shall:

12         1.  Receive periodic reports from Advise the executive

13  director on the creation of regional violent crime

14  investigation and statewide drug-control strategy

15  implementation coordinating teams related to violent crime

16  trends or investigative needs or successes in the regions, and

17  factors and trends relevant to the implementation of the

18  statewide drug strategy and the results of investigative

19  efforts funded in part by the council and relating to drug

20  control and illicit money laundering.

21         2.  Maintain and use Develop criteria for the

22  disbursement of funds from the Violent Crime Emergency and

23  Drug Control Strategy Implementation Account within the

24  Department of Law Enforcement Operating Trust Fund. Funding

25  from the council for any single investigative effort is

26  limited to a maximum of $100,000. No individual investigating

27  agency may receive more than $200,000 in council funding

28  during the agency's fiscal year.

29         3.  Review and approve all requests for disbursement of

30  funds from the Violent Crime Emergency Account and Drug

31  Control Strategy Implementation within the Department of Law

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  1  Enforcement Operating Trust Fund. An expedited approval

  2  procedure shall be established for rapid disbursement of funds

  3  in violent crime emergency situations.

  4         4.  Advise the executive director on the development of

  5  a statewide violent crime information system.

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

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

  8  the executive director, the President of the Senate, the

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

10  Committees on Criminal Justice in both chambers. Comments and

11  responses of the executive director to the report are to be

12  included must respond to the annual report and any other

13  recommendations of the council in writing.  All written

14  responses must be forwarded to the council members, the

15  President of the Senate, the Speaker of the House of

16  Representatives, and the chairs of the Committees on Criminal

17  Justice in both chambers.

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

19         (a)  The Victim and Witness Protection Review Committee

20  is created within the Florida Violent Crime Council,

21  consisting of the statewide prosecutor or a state attorney, a

22  sheriff, a chief of police, and the designee of the executive

23  director of the Department of Law Enforcement. The committee

24  shall be appointed from the membership of the council by the

25  chair of the council after the chair has consulted with the

26  executive director of the Department of Law Enforcement.

27  Committee members shall meet in conjunction with the meetings

28  of the council.

29         (b)  The committee shall:

30         1.  Maintain and use Develop criteria for disbursing

31  funds to reimburse law enforcement agencies for costs

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  1  associated with providing victim and witness protective or

  2  temporary relocation services.

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

  4  all reimbursement requests submitted by law enforcement

  5  agencies.

  6         (c)  The lead law enforcement agency providing victim

  7  or witness protective or temporary relocation services

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

  9  for reimbursement to the Victim and Witness Protection Review

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

11  enforcement agency shall submit such reimbursement request on

12  behalf of all law enforcement agencies that cooperated in

13  providing protective or temporary relocation services related

14  to a particular criminal investigation or prosecution. As part

15  of the reimbursement request, the lead law enforcement agency

16  must indicate how any reimbursement proceeds will be

17  distributed among the agencies that provided protective or

18  temporary relocation services.

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

20  available to the committee to provide all or partial

21  reimbursement to the lead law enforcement agency for such

22  costs, or may decline to provide any reimbursement.

23         (e)  The committee may conduct its meeting by

24  teleconference or conference phone calls when the chair of the

25  committee finds that the need for reimbursement is such that

26  delaying until the next scheduled council meeting will

27  adversely affect the requesting agency's ability to provide

28  the protection services.

29         (7)  CONFIDENTIALITY; EXEMPTED PORTIONS OF COUNCIL

30  MEETINGS AND RECORDS.--

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

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

  3  Control Council it is necessary that the council be presented

  4  with and discuss details, information, and documents related

  5  to active criminal investigations or matters constituting

  6  active criminal intelligence, as those concepts are defined by

  7  s. 119.011. These presentations and discussions are necessary

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

  9  the Legislature. The Legislature finds that to reveal the

10  contents of documents containing active criminal investigative

11  or intelligence information or to allow active criminal

12  investigative or active criminal intelligence matters to be

13  discussed in a meeting open to the public negatively impacts

14  the ability of law enforcement agencies to efficiently

15  continue their investigative or intelligence gathering

16  activities. The Legislature finds that information coming

17  before the council that pertains to active criminal

18  investigations or intelligence should remain confidential and

19  exempt from public disclosure. The Legislature finds that the

20  Florida Violent Crime and Drug Control Council may, by

21  declaring only those portions of council meetings in which

22  active criminal investigative or active criminal intelligence

23  information is to be presented or discussed closed to the

24  public, assure an appropriate balance between the policy of

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

26  state to facilitate efficient law enforcement efforts.

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

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

29  Drug Control Council be closed when the confidential details,

30  information, and documents related to active criminal

31  investigations or matters constituting active criminal

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  1  intelligence are discussed.  The Legislature further finds

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

  3  records generated at closed council meetings, such as tape

  4  recordings, minutes, and notes, memorializing the discussions

  5  regarding such confidential details, information, and

  6  documents related to active criminal investigations or matters

  7  constituting active criminal intelligence, also shall be held

  8  confidential.

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

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

11  definition of s. 119.011(4).

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

13  Council may close portions of meetings during which the

14  council will hear or discuss active criminal investigative

15  information or active criminal intelligence information, and

16  such portions of meetings shall be exempt from the provisions

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

18  provided that the following conditions are met:

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

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

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

22  discuss active criminal investigative information or active

23  criminal intelligence information.

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

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

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

27  be filed with the official records of the council.

28         b.c.  The entire closed session shall be recorded. The

29  recording shall include the times of commencement and

30  termination of the closed session, all discussion and

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

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

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

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

  4  Constitution until such time as the criminal investigative

  5  information or criminal intelligence information that

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

  7  portion of the record related to the no longer active

  8  information or intelligence shall be open for public

  9  inspection and copying.

10

11  The exemption in this paragraph is subject to the Open

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

13  119.15 and shall stand repealed on October 2, 2002, unless

14  reviewed and saved from repeal through reenactment by the

15  Legislature.

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

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

18  persons whose presence has been authorized by the chair of the

19  council shall be allowed to attend the exempted portions of

20  the council meetings.  The council shall assure that any

21  closure of its meetings as authorized by this section is

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

23  public meetings is maintained.

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

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

26  portion of a Florida Violent Crime and Drug Control Council

27  meeting which is closed to the public pursuant to this

28  section, which contain information relating to active criminal

29  investigations or matters constituting active criminal

30  intelligence, are confidential and exempt from the provisions

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

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  1  until such criminal investigative information or criminal

  2  intelligence information ceases to be active. The exemptions

  3  in this paragraph are subject to the Open Government Sunset

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

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

  6  from repeal through reenactment by the Legislature.

  7         Section 2.  Section 943.042, Florida Statutes, is

  8  amended to read:

  9         943.042  Violent Crime Emergency and Drug Control

10  Strategy Implementation Account within the Department of Law

11  Enforcement Operating Trust Fund.--

12         (1)  There is created a Violent Crime Emergency and

13  Drug Control Strategy Implementation Account within the

14  Department of Law Enforcement Operating Trust Fund. The

15  account shall be used to provide emergency supplemental funds

16  to:

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

18  involved in complex and lengthy violent crime investigations

19  or multi-agency or statewide investigations or task force

20  efforts relating to illicit money laundering and drug control

21  which significantly contribute to achieving the state's goal

22  of reducing drug-related crime as articulated by the Office of

23  Drug Control, which represent a significant investigative

24  effort relating to illicit money laundering, or which

25  otherwise significantly support statewide strategies developed

26  by the Statewide Drug Policy Advisory Council established

27  under s. 397.333;

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

29  involved in violent crime investigations which constitute a

30  significant emergency within the state; or

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  1         (c)  Counties which demonstrate a significant hardship

  2  or an inability to cover extraordinary expenses associated

  3  with a violent crime trial.

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

  5  Drug Control Council, the department must maintain promulgate

  6  rules which, at minimum, address the following:

  7         (a)  Criteria for determining what constitutes a

  8  complex and lengthy violent crime investigation for the

  9  purpose of this section.

10         (b)  Criteria for determining those violent crime

11  investigations which constitute a significant emergency within

12  the state for the purpose of this section.

13         (c)  Criteria for determining the circumstances under

14  which counties may receive emergency supplemental funds for

15  extraordinary expenses associated with a violent crime trial

16  under this section.

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

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

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

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

21  year.

22         (e)  Procedures for law enforcement agencies to use

23  when applying for funds, including certification by the head

24  of the agency that a request complies with the requirements

25  established by the council.

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

27         (3)  With regard to the funding of investigations or

28  task force efforts relating to illicit money-laundering or

29  drug control, the department must adopt rules that, at a

30  minimum, address the following:

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  1         (a)  Criteria for determining what constitutes a

  2  multi-agency or statewide investigation or task force effort

  3  relating to illicit money laundering or drug control eligible

  4  to seek funding under this section.

  5         (b)  Criteria for determining whether a multi-agency or

  6  statewide investigation or task force effort significantly

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

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

  9  yearly to a single multi-agency or statewide illicit

10  money-laundering or drug-control investigation or task force.

11         (d)  Procedures to use when applying for funds,

12  including a required designation of the amount of matching

13  funds being provided by the task force or participating

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

15  seeking funds that funds so designated will be used as

16  represented if council funding is provided.

17         (e)  Requirements to expend council-provided funds in

18  the manner authorized by the council and a method of

19  accounting for the receipt, use, and disbursement of any funds

20  expended in money-laundering or drug-control investigative or

21  task force efforts funded in part under the authority of this

22  section.

23         (f)  Requirements for reporting by recipient agencies

24  of the performance and accomplishments secured by the

25  investigative or task-force efforts, including a requirement

26  that the reports demonstrate how the state's drug-control

27  goals and strategies have been promoted by the efforts and how

28  other investigative goals have been met, including arrests due

29  to such efforts, results of prosecutions based on such

30  arrests, impact upon organized criminal enterprise structures

31  by reason of efforts, property or currency seizures made,

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  1  illicit money-laundering operations disrupted or otherwise

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

  3  anticipated or actual use of assets received by reason of a

  4  forfeiture based in whole or in part upon an investigation

  5  funded in whole or in part by council funds.

  6         (4)(a)(3)(a)  Except as allowed in this section, a

  7  disbursement from for the Violent Crime Emergency and Drug

  8  Control Strategy Implementation Account shall not be used to

  9  supplant existing appropriations of state and local law

10  enforcement agencies and counties or to otherwise fund

11  expenditures that are ordinarily or reasonably predictable for

12  the operation of a state or local law enforcement agency.

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

14  appropriations from the Legislature or moneys received from

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

16  agency that acquires funds pursuant to the Florida Contraband

17  Forfeiture Act is authorized to donate a portion of such funds

18  to the account.

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

20  council, any unexcused failure by recipient agencies or task

21  forces to use funds in the manner authorized by this section

22  and the Florida Violent Crime and Drug Control Council or to

23  timely provide required accounting, reports, or other

24  information requested by the council or by the department

25  related to funding requested or provided, shall:

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

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

28  provided to the recipient by the council;

29         2.  Result in termination or limitation of any pending

30  funding by the council under this section

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

  2  result in disqualification of the involved agencies or task

  3  force from consideration of additional or future funding for

  4  efforts as provided by this section for a period of not more

  5  than 2 years following the council's action. The council, by

  6  and through the department, is authorized to pursue any

  7  collection remedies necessary if a recipient agency fails to

  8  return funds as demanded.

  9         Section 3.  Section 943.0585, Florida Statutes, is

10  amended to read:

11         943.0585  Court-ordered expunction of criminal history

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

13  their own procedures, including the maintenance, expunction,

14  and correction of judicial records containing criminal history

15  information to the extent such procedures are not inconsistent

16  with the conditions, responsibilities, and duties established

17  by this section.  Any court of competent jurisdiction may

18  order a criminal justice agency to expunge the criminal

19  history record of a minor or an adult who complies with the

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

21  criminal justice agency to expunge a criminal history record

22  until the person seeking to expunge a criminal history record

23  has applied for and received a certificate of eligibility for

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

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

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

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

28  893.135, or a violation enumerated in s. 907.041 may not be

29  expunged, without regard to whether adjudication was withheld,

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

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

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

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

  3  only order expunction of a criminal history record pertaining

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

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

  6  discretion, order the expunction of a criminal history record

  7  pertaining to more than one arrest if the additional arrests

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

  9  to order the expunction of records pertaining to such

10  additional arrests, such intent must be specified in the

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

12  pertaining to such additional arrests if the order to expunge

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

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

15  not prevent the court from ordering the expunction 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 expunction, correction, or

21  confidential handling of criminal history records or

22  information derived therefrom.  This section does not confer

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

24  and any request for expunction of a criminal history record

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

26         (1)  PETITION TO EXPUNGE A CRIMINAL HISTORY

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

28  history record is complete only when accompanied by:

29         (a)  A certificate of eligibility for expunction issued

30  by the department pursuant to subsection (2).

31

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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

11  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, or former s. 943.058, or from any

15  jurisdiction outside the state.

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

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

18  petition to expunge or any petition to seal 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 EXPUNCTION.--Prior

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

27  a person seeking to expunge a criminal history record shall

28  apply to the department for a certificate of eligibility for

29  expunction. 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 expunction. The department shall issue a certificate of

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

  3  criminal history record if that person:

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

  5  written, certified statement from the appropriate state

  6  attorney or statewide prosecutor which indicates:

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

  8  document was not filed or issued in the case.

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

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

11  nolle prosequi by the state attorney or statewide prosecutor,

12  or was dismissed by a court of competent jurisdiction.

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

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

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

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

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

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

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

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

21  offense as a delinquent act, without regard to whether

22  adjudication was withheld.

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

24  placement in the Department of Law Enforcement Operating Trust

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

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

27  of the disposition of the charge to which the petition to

28  expunge pertains.

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

30  application for a certificate of eligibility is filed, been

31  adjudicated guilty of a criminal offense or comparable

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  1  ordinance violation or adjudicated delinquent for committing a

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

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

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

  5  arrest or alleged criminal activity to which the petition to

  6  expunge pertains.

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

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

  9  893.14, former s. 901.33, or former s. 943.058.

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

11  the disposition of the arrest or alleged criminal activity to

12  which the petition to expunge pertains.

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

14  prior to being eligible for an expunction of such records

15  because all charges related to the arrest or criminal activity

16  to which the petition to expunge pertains were dismissed prior

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

18  Otherwise, such criminal history record must be sealed under

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

20  943.058 for at least 10 years before such record is eligible

21  for expunction.

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

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

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

25  appropriate state attorney or the statewide prosecutor and

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

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

28  state attorney or the statewide prosecutor and the arresting

29  agency may respond to the court regarding the completed

30  petition to expunge.

31

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

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

  3  state attorney or the statewide prosecutor and the arresting

  4  agency. The arresting agency is responsible for forwarding the

  5  order to any other agency to which the arresting agency

  6  disseminated the criminal history record information to which

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

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

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

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

11  criminal history record from the court.

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

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

14  state attorney or statewide prosecutor of an order to expunge

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

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

17  comparable ordinance violation or has had a prior criminal

18  history record sealed or expunged. Upon receipt of such

19  notice, the appropriate state attorney or statewide prosecutor

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

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

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

23  is voided by the court.

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

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

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

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

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

29  the appropriate state attorney or statewide prosecutor, the

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

31  agency of the reason for noncompliance. The appropriate state

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  1  attorney or statewide prosecutor shall take action within 60

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

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

  4  arise against any criminal justice agency for failure to

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

  6  order failed to obtain the certificate of eligibility as

  7  required by this section or such order does not otherwise

  8  comply with the requirements of this section.

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

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

11  ordered expunged by a court of competent jurisdiction pursuant

12  to this section must be physically destroyed or obliterated by

13  any criminal justice agency having custody of such record;

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

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

16  record ordered expunged that is retained by the department is

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

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

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

20  of competent jurisdiction. A criminal justice agency may

21  retain a notation indicating compliance with an order to

22  expunge.

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

24  history record that is expunged under this section or under

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

26  901.33, and former s. 943.058, may lawfully deny or fail to

27  acknowledge the arrests covered by the expunged record, except

28  when the subject of the record:

29         1.  Is a candidate for employment with a criminal

30  justice agency;

31         2.  Is a defendant in a criminal prosecution;

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  1         3.  Concurrently or subsequently petitions for relief

  2  under this section or s. 943.059;

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

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

  5  contract with the Department of Children and Family Services

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

  7  used by such contractor or licensee in a sensitive position

  8  having direct contact with children, the developmentally

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

10  110.1127(3), s. 393.063(15), s. 394.4572(1), s. 397.451, s.

11  402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4), s.

12  985.407, or chapter 400; or

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

14  of Teacher Education, Certification, Staff Development, and

15  Professional Practices of the Department of Education, any

16  district school board, or any local governmental entity that

17  licenses child care facilities.

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

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

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

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

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

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

24  expunged criminal history record.

25         (c)  Information relating to the existence of an

26  expunged criminal history record which is provided in

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

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

29  State Constitution, except that the department shall disclose

30  the existence of a criminal history record ordered expunged to

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

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  1  for their respective licensing and employment purposes, and to

  2  criminal justice agencies for their respective criminal

  3  justice purposes.  It is unlawful for any employee of an

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

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

  6  information relating to the existence of an expunged criminal

  7  history record of a person seeking employment or licensure

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

  9  the criminal history record relates or to persons having

10  direct responsibility for employment or licensure decisions.

11  Any person who violates this paragraph commits a misdemeanor

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

13  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 4.  Section 943.059, Florida Statutes, is

19  amended to read:

20         943.059  Court-ordered sealing of criminal history

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

22  jurisdiction over their own procedures, including the

23  maintenance, sealing, and correction of judicial records

24  containing criminal history information to the extent such

25  procedures are not inconsistent with the conditions,

26  responsibilities, and duties established by this section.  Any

27  court of competent jurisdiction may order a criminal justice

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

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

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

31  criminal history record until the person seeking to seal a

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  1  criminal history record has applied for and received a

  2  certificate of eligibility for sealing pursuant to subsection

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

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

  5  825.1025, s. 827.071, chapter 839, s. 847.0133, s. 847.0135,

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

  7  907.041 may not be sealed, without regard to whether

  8  adjudication was withheld, if the defendant was found guilty

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

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

11  guilty or nolo contendere to committing the offense as a

12  delinquent act.  The court may only order sealing of a

13  criminal history record pertaining to one arrest or one

14  incident of alleged criminal activity, except as provided in

15  this section. The court may, at its sole discretion, order the

16  sealing of a criminal history record pertaining to more than

17  one arrest if the additional arrests directly relate to the

18  original arrest.  If the court intends to order the sealing of

19  records pertaining to such additional arrests, such intent

20  must be specified in the order.  A criminal justice agency may

21  not seal any record pertaining to such additional arrests if

22  the order to seal does not articulate the intention of the

23  court to seal records pertaining to more than one arrest.

24  This section does not prevent the court from ordering the

25  sealing of only a portion of a criminal history record

26  pertaining to one arrest or one incident of alleged criminal

27  activity. Notwithstanding any law to the contrary, a criminal

28  justice agency may comply with laws, court orders, and

29  official requests of other jurisdictions relating to sealing,

30  correction, or confidential handling of criminal history

31  records or information derived therefrom.  This section does

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  1  not confer any right to the sealing of any criminal history

  2  record, and any request for sealing a criminal history record

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

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

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

  6  complete only when accompanied by:

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

  8  the department pursuant to subsection (2).

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

10  the petitioner:

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

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

13  comparable ordinance violation or adjudicated delinquent for

14  committing a felony or a misdemeanor specified in s.

15  943.051(3)(b).

16         2.  Has not been adjudicated guilty of or adjudicated

17  delinquent for committing any of the acts stemming from the

18  arrest or alleged criminal activity to which the petition to

19  seal pertains.

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

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

22  893.14, former s. 901.33, former s. 943.058, or from any

23  jurisdiction outside the state.

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

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

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

27  court.

28

29  Any person who knowingly provides false information on such

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

31

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

  2  s. 775.084.

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

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

  5  person seeking to seal a criminal history record shall apply

  6  to the department for a certificate of eligibility for

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

  8  chapter 120, establish procedures pertaining to the

  9  application for and issuance of certificates of eligibility

10  for sealing.  The department shall issue a certificate of

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

12  criminal history record provided that such person:

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

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

15  pertains.

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

17  placement in the Department of Law Enforcement Operating Trust

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

19         (c)  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         (d)  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  seal pertains.

28         (e)  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         (f)  Is no longer under court supervision applicable to

  2  the disposition of the arrest or alleged criminal activity to

  3  which the petition to seal pertains.

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

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

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

  7  appropriate state attorney or the statewide prosecutor and

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

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

10  state attorney or the statewide prosecutor and the arresting

11  agency may respond to the court regarding the completed

12  petition to seal.

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

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

15  state attorney or the statewide prosecutor and to the

16  arresting agency. The arresting agency is responsible for

17  forwarding the order to any other agency to which the

18  arresting agency disseminated the criminal history record

19  information to which the order pertains. The department shall

20  forward the order to seal to the Federal Bureau of

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

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

23  reflect has received the criminal history record from the

24  court.

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

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

27  state attorney or statewide prosecutor of any order to seal

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

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

30  comparable ordinance violation or has had a prior criminal

31  history record sealed or expunged.  Upon receipt of such

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  1  notice, the appropriate state attorney or statewide prosecutor

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

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

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

  5  by the court.

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

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

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

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

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

11  the appropriate state attorney or statewide prosecutor, the

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

13  agency of the reason for noncompliance. The appropriate state

14  attorney or statewide prosecutor shall take action within 60

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

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

17  arise against any criminal justice agency for failure to

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

19  order failed to obtain the certificate of eligibility as

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

21  with the requirements of this section.

22         (e)  An order sealing a criminal history record

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

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

25  maintained by the department and other criminal justice

26  agencies.

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

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

29  ordered sealed by a court of competent jurisdiction pursuant

30  to this section is confidential and exempt from the provisions

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

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

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

  3  agencies for their respective criminal justice purposes, or to

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

  5  6. for their respective licensing and employment purposes.

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

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

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

  9  lawfully deny or fail to acknowledge the arrests covered by

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

11         1.  Is a candidate for employment with a criminal

12  justice agency;

13         2.  Is a defendant in a criminal prosecution;

14         3.  Concurrently or subsequently petitions for relief

15  under this section or s. 943.0585;

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

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

18  contract with the Department of Children and Family Services

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

20  used by such contractor or licensee in a sensitive position

21  having direct contact with children, the developmentally

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

23  110.1127(3), s. 393.063(15), s. 394.4572(1), s. 397.451, s.

24  402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4), s.

25  415.103, s. 985.407, or chapter 400; or

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

27  of Teacher Education, Certification, Staff Development, and

28  Professional Practices of the Department of Education, any

29  district school board, or any local governmental entity which

30  licenses child care facilities.

31

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

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

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

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

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

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

  7  sealed criminal history record.

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

  9  criminal record provided in accordance with the provisions of

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

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

12  Constitution, except that the department shall disclose the

13  sealed criminal history record to the entities set forth in

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

15  licensing and employment purposes. It is unlawful for any

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

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

18  to disclose information relating to the existence of a sealed

19  criminal history record of a person seeking employment or

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

21  to whom the criminal history record relates or to persons

22  having direct responsibility for employment or licensure

23  decisions.  Any person who violates the provisions of this

24  paragraph commits a misdemeanor of the first degree,

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

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

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

28  this section constitutes a general reference under the

29  doctrine of incorporation by reference.

30         Section 5.  Section 938.01, Florida Statutes, is

31  amended to read:

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  1         938.01  Additional Court Cost Clearing Trust Fund.--

  2         (1)  All courts created by Art. V of the State

  3  Constitution shall, in addition to any fine or other penalty,

  4  assess $3 as a court cost against every person convicted for

  5  violation of a state penal or criminal statute or convicted

  6  for violation of a municipal or county ordinance. Any person

  7  whose adjudication is withheld pursuant to the provisions of

  8  s. 318.14(9) or (10) shall also be assessed such cost. In

  9  addition, $3 from every bond estreature or forfeited bail bond

10  related to such penal statutes or penal ordinances shall be

11  forwarded to the Treasurer as described in this subsection.

12  However, no such assessment may be made against any person

13  convicted for violation of any state statute, municipal

14  ordinance, or county ordinance relating to the parking of

15  vehicles.

16         (a)  All such costs collected by the courts shall be

17  remitted to the Department of Revenue, in accordance with

18  administrative rules adopted by the executive director of the

19  Department of Revenue, for deposit in the Additional Court

20  Cost Clearing Trust Fund and shall be earmarked to the

21  Department of Law Enforcement and the Department of Community

22  Affairs for distribution as follows:

23         1.  Two dollars and seventy-five cents of each $3

24  assessment shall be deposited in the Criminal Justice

25  Standards and Training Trust Fund, and the remaining 25 cents

26  of each such assessment shall be deposited into the Department

27  of Law Enforcement Operating Trust Fund and shall be disbursed

28  to the Bureau of Public Safety Management of the Department of

29  Law Enforcement Community Affairs.

30         2.  Ninety-two percent of the money distributed to the

31  Additional Court Cost Clearing Trust Fund pursuant to s.

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  1  318.21 shall be earmarked to the Department of Law Enforcement

  2  for deposit in the Criminal Justice Standards and Training

  3  Trust Fund, and 8 percent of such money shall be deposited

  4  into the Department of Law Enforcement Operating Trust Fund

  5  and shall be disbursed to the Bureau of Public Safety

  6  Management of the Department of Law Enforcement Community

  7  Affairs.

  8         (b)  The funds deposited in the Criminal Justice

  9  Standards and Training Trust Fund and the Department of Law

10  Enforcement Operating Trust Fund may be invested. Any interest

11  earned from investing such funds and any unencumbered funds

12  remaining at the end of the budget cycle shall remain in the

13  respective trust fund until the following year.

14         (c)  All funds in the Criminal Justice Standards and

15  Training Trust Fund earmarked to the Department of Law

16  Enforcement shall be disbursed only in compliance with s.

17  943.25(9).

18         (2)  Except as provided by s. 938.15 and

19  notwithstanding any other provision of law, no funds collected

20  and deposited pursuant to this section or s. 943.25 shall be

21  expended unless specifically appropriated by the Legislature.

22         Section 6.  Subsection (1) of section 943.25, Florida

23  Statutes, is amended to read:

24         943.25  Criminal justice trust funds; source of funds;

25  use of funds.--

26         (1)  The Department of Law Enforcement Community

27  Affairs may approve, for disbursement from the Department of

28  Law Enforcement its Operating Trust Fund, those appropriated

29  sums necessary and required by the state for grant matching,

30  implementing, administering, evaluating, and qualifying for

31  such federal funds. Disbursements from the trust fund for the

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  1  purpose of supplanting state general revenue funds may not be

  2  made without specific legislative appropriation.

  3         Section 7.  The criminal justice program of the

  4  Department of Community Affairs is transferred to the

  5  Department of Law Enforcement by a type two transfer, as

  6  defined in section 20.06, Florida Statutes. The criminal

  7  justice program so transferred is composed of the Byrne State

  8  and Local Law Enforcement Assistance Program, local law

  9  enforcement block grants, the Drug-Free Communities Program,

10  residential substance abuse treatment of state prisoners, the

11  bulletproof vest program, the Guantanamo Bay Refugee and

12  Entrant Assistance Program, the national criminal history

13  improvement program, and the Violent Offender Incarceration

14  and Truth-in-Sentencing Program.

15         Section 8.  The Department of Law Enforcement may adopt

16  rules necessary for the operation of the criminal justice

17  program.

18         Section 9.  (1)  The Prevention of Domestic and Sexual

19  Violence Program is transferred from the Department of

20  Community Affairs to the Department of Children and Family

21  Services by a type two transfer, as defined in section 20.06,

22  Florida Statutes. The Domestic and Sexual Violence Program so

23  transferred is composed of the Governor's Task Force on

24  Domestic and Sexual Violence and the Violence Against Women

25  Program.

26         (2)  From the funds deposited into the Department of

27  Law Enforcement Operating Trust Fund pursuant to section

28  939.01(1)(a)1. and 2., Florida Statutes, the Department of Law

29  Enforcement shall transfer funds to the Department of Children

30  and Family Services to be used as matching funds for the

31  administration of the Prevention of Domestic and Sexual

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  1  Violence Program transferred from the Department of Community

  2  Affairs. The amount of the transfer for fiscal year 2001-2002

  3  shall be determined by the Governor's Office of Planning and

  4  Budgeting in consultation with the Department of Community

  5  Affairs, the Department of Law Enforcement, and the Department

  6  of Children and Family Services and shall be based on the

  7  historic use of these funds and current needs of the

  8  Prevention of Domestic and Sexual Violence Program. In

  9  subsequent years, the transfer of funds shall be based on the

10  amount appropriated.

11         Section 10.  This act shall take effect July 1, 2001.

12

13            *****************************************

14                          SENATE SUMMARY

15    Redesignates the Florida Violent Crime Council as the
      Florida Violent Crime and Drug Control Council and the
16    Violent Crime Emergency Account as the Violent Crime
      Emergency and Drug Control Strategy Implementation
17    Account. Delegates duties to the council with respect to
      statewide investigations and task force efforts addressed
18    to money laundering and drug control. Provides for
      guidelines for local agencies receiving funds from the
19    council and account. Provides for reimbursement of moneys
      inappropriately used and for declaration of ineligibility
20    of local agencies for further grants. Enumerates
      additional offenses the perpetrator of which is
21    ineligible to have his or her criminal history record
      expunged or sealed. Provides for deposit of court-cost
22    proceeds into the Department of Law Enforcement Operating
      Trust Fund and prescribes uses of those proceeds.
23    Transfers the criminal justice program of the Department
      of Community Affairs to the Department of Law Enforcement
24    and the Prevention of Domestic and Sexual Violence
      Program from the Department of Community Affairs to the
25    Department of Children and Family Services.

26

27

28

29

30

31

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