Senate Bill sb0720
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2001                                   SB 720
    By Senator Carlton
    24-521-01
  1                      A bill to be entitled
  2         An act relating to criminal history records;
  3         amending ss. 943.0585, 943.059, F.S.;
  4         prohibiting a court from expunging or sealing
  5         the criminal history record of a person who has
  6         been found guilty of or pled guilty or nolo
  7         contendere to distributing or showing obscene
  8         material to a minor or who has been found
  9         guilty of or pled guilty or nolo contendere to
10         certain activities involving computer
11         pornography; providing an effective date.
12
13  Be It Enacted by the Legislature of the State of Florida:
14
15         Section 1.  Section 943.0585, Florida Statutes, is
16  amended to read:
17         943.0585  Court-ordered expunction of criminal history
18  records.--The courts of this state have jurisdiction over
19  their own procedures, including the maintenance, expunction,
20  and correction of judicial records containing criminal history
21  information to the extent such procedures are not inconsistent
22  with the conditions, responsibilities, and duties established
23  by this section.  Any court of competent jurisdiction may
24  order a criminal justice agency to expunge the criminal
25  history record of a minor or an adult who complies with the
26  requirements of this section.  The court shall not order a
27  criminal justice agency to expunge a criminal history record
28  until the person seeking to expunge a criminal history record
29  has applied for and received a certificate of eligibility for
30  expunction pursuant to subsection (2).  A criminal history
31  record that relates to a violation of chapter 794, s. 800.04,
                                  1
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2001                                   SB 720
    24-521-01
  1  s. 817.034, s. 827.071, chapter 839, s. 847.0133, s. 847.0135,
  2  s. 893.135, or a violation enumerated in s. 907.041 may not be
  3  expunged, without regard to whether adjudication was withheld,
  4  if the defendant was found guilty of or pled guilty or nolo
  5  contendere to the offense, or if the defendant, as a minor,
  6  was found to have committed, or pled guilty or nolo contendere
  7  to committing, the offense as a delinquent act. The court may
  8  only order expunction of a criminal history record pertaining
  9  to one arrest or one incident of alleged criminal activity,
10  except as provided in this section. The court may, at its sole
11  discretion, order the expunction of a criminal history record
12  pertaining to more than one arrest if the additional arrests
13  directly relate to the original arrest. If the court intends
14  to order the expunction of records pertaining to such
15  additional arrests, such intent must be specified in the
16  order. A criminal justice agency may not expunge any record
17  pertaining to such additional arrests if the order to expunge
18  does not articulate the intention of the court to expunge a
19  record pertaining to more than one arrest. This section does
20  not prevent the court from ordering the expunction of only a
21  portion of a criminal history record pertaining to one arrest
22  or one incident of alleged criminal activity.  Notwithstanding
23  any law to the contrary, a criminal justice agency may comply
24  with laws, court orders, and official requests of other
25  jurisdictions relating to expunction, correction, or
26  confidential handling of criminal history records or
27  information derived therefrom.  This section does not confer
28  any right to the expunction of any criminal history record,
29  and any request for expunction of a criminal history record
30  may be denied at the sole discretion of the court.
31
                                  2
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2001                                   SB 720
    24-521-01
  1         (1)  PETITION TO EXPUNGE A CRIMINAL HISTORY
  2  RECORD.--Each petition to a court to expunge a criminal
  3  history record is complete only when accompanied by:
  4         (a)  A certificate of eligibility for expunction issued
  5  by the department pursuant to subsection (2).
  6         (b)  The petitioner's sworn statement attesting that
  7  the petitioner:
  8         1.  Has never, prior to the date on which the petition
  9  is filed, been adjudicated guilty of a criminal offense or
10  comparable ordinance violation or adjudicated delinquent for
11  committing a felony or a misdemeanor specified in s.
12  943.051(3)(b).
13         2.  Has not been adjudicated guilty of, or adjudicated
14  delinquent for committing, any of the acts stemming from the
15  arrest or alleged criminal activity to which the petition
16  pertains.
17         3.  Has never secured a prior sealing or expunction of
18  a criminal history record under this section, former s.
19  893.14, former s. 901.33, or former s. 943.058, or from any
20  jurisdiction outside the state.
21         4.  Is eligible for such an expunction to the best of
22  his or her knowledge or belief and does not have any other
23  petition to expunge or any petition to seal pending before any
24  court.
25
26  Any person who knowingly provides false information on such
27  sworn statement to the court commits a felony of the third
28  degree, punishable as provided in s. 775.082, s. 775.083, or
29  s. 775.084.
30         (2)  CERTIFICATE OF ELIGIBILITY FOR EXPUNCTION.--Prior
31  to petitioning the court to expunge a criminal history record,
                                  3
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2001                                   SB 720
    24-521-01
  1  a person seeking to expunge a criminal history record shall
  2  apply to the department for a certificate of eligibility for
  3  expunction. The department shall, by rule adopted pursuant to
  4  chapter 120, establish procedures pertaining to the
  5  application for and issuance of certificates of eligibility
  6  for expunction. The department shall issue a certificate of
  7  eligibility for expunction to a person who is the subject of a
  8  criminal history record if that person:
  9         (a)  Has obtained, and submitted to the department, a
10  written, certified statement from the appropriate state
11  attorney or statewide prosecutor which indicates:
12         1.  That an indictment, information, or other charging
13  document was not filed or issued in the case.
14         2.  That an indictment, information, or other charging
15  document, if filed or issued in the case, was dismissed or
16  nolle prosequi by the state attorney or statewide prosecutor,
17  or was dismissed by a court of competent jurisdiction.
18         3.  That the criminal history record does not relate to
19  a violation of chapter 794, s. 800.04, s. 817.034, s. 827.071,
20  chapter 839, s. 847.0133, s. 847.0135, s. 893.135, or a
21  violation enumerated in s. 907.041, where the defendant was
22  found guilty of, or pled guilty or nolo contendere to any such
23  offense, or that the defendant, as a minor, was found to have
24  committed, or pled guilty or nolo contendere to committing,
25  such an offense as a delinquent act, without regard to whether
26  adjudication was withheld.
27         (b)  Remits a $75 processing fee to the department for
28  placement in the Department of Law Enforcement Operating Trust
29  Fund, unless such fee is waived by the executive director.
30
31
                                  4
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2001                                   SB 720
    24-521-01
  1         (c)  Has submitted to the department a certified copy
  2  of the disposition of the charge to which the petition to
  3  expunge pertains.
  4         (d)  Has never, prior to the date on which the
  5  application for a certificate of eligibility is filed, been
  6  adjudicated guilty of a criminal offense or comparable
  7  ordinance violation or adjudicated delinquent for committing a
  8  felony or a misdemeanor specified in s. 943.051(3)(b).
  9         (e)  Has not been adjudicated guilty of, or adjudicated
10  delinquent for committing, any of the acts stemming from the
11  arrest or alleged criminal activity to which the petition to
12  expunge pertains.
13         (f)  Has never secured a prior sealing or expunction of
14  a criminal history record under this section, former s.
15  893.14, former s. 901.33, or former s. 943.058.
16         (g)  Is no longer under court supervision applicable to
17  the disposition of the arrest or alleged criminal activity to
18  which the petition to expunge pertains.
19         (h)  Is not required to wait a minimum of 10 years
20  prior to being eligible for an expunction of such records
21  because all charges related to the arrest or criminal activity
22  to which the petition to expunge pertains were dismissed prior
23  to trial, adjudication, or the withholding of adjudication.
24  Otherwise, such criminal history record must be sealed under
25  this section, former s. 893.14, former s. 901.33, or former s.
26  943.058 for at least 10 years before such record is eligible
27  for expunction.
28         (3)  PROCESSING OF A PETITION OR ORDER TO EXPUNGE.--
29         (a)  In judicial proceedings under this section, a copy
30  of the completed petition to expunge shall be served upon the
31  appropriate state attorney or the statewide prosecutor and
                                  5
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2001                                   SB 720
    24-521-01
  1  upon the arresting agency; however, it is not necessary to
  2  make any agency other than the state a party. The appropriate
  3  state attorney or the statewide prosecutor and the arresting
  4  agency may respond to the court regarding the completed
  5  petition to expunge.
  6         (b)  If relief is granted by the court, the clerk of
  7  the court shall certify copies of the order to the appropriate
  8  state attorney or the statewide prosecutor and the arresting
  9  agency. The arresting agency is responsible for forwarding the
10  order to any other agency to which the arresting agency
11  disseminated the criminal history record information to which
12  the order pertains. The department shall forward the order to
13  expunge to the Federal Bureau of Investigation. The clerk of
14  the court shall certify a copy of the order to any other
15  agency which the records of the court reflect has received the
16  criminal history record from the court.
17         (c)  For an order to expunge entered by a court prior
18  to July 1, 1992, the department shall notify the appropriate
19  state attorney or statewide prosecutor of an order to expunge
20  which is contrary to law because the person who is the subject
21  of the record has previously been convicted of a crime or
22  comparable ordinance violation or has had a prior criminal
23  history record sealed or expunged. Upon receipt of such
24  notice, the appropriate state attorney or statewide prosecutor
25  shall take action, within 60 days, to correct the record and
26  petition the court to void the order to expunge. The
27  department shall seal the record until such time as the order
28  is voided by the court.
29         (d)  On or after July 1, 1992, the department or any
30  other criminal justice agency is not required to act on an
31  order to expunge entered by a court when such order does not
                                  6
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2001                                   SB 720
    24-521-01
  1  comply with the requirements of this section. Upon receipt of
  2  such an order, the department must notify the issuing court,
  3  the appropriate state attorney or statewide prosecutor, the
  4  petitioner or the petitioner's attorney, and the arresting
  5  agency of the reason for noncompliance. The appropriate state
  6  attorney or statewide prosecutor shall take action within 60
  7  days to correct the record and petition the court to void the
  8  order.  No cause of action, including contempt of court, shall
  9  arise against any criminal justice agency for failure to
10  comply with an order to expunge when the petitioner for such
11  order failed to obtain the certificate of eligibility as
12  required by this section or such order does not otherwise
13  comply with the requirements of this section.
14         (4)  EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.--Any
15  criminal history record of a minor or an adult which is
16  ordered expunged by a court of competent jurisdiction pursuant
17  to this section must be physically destroyed or obliterated by
18  any criminal justice agency having custody of such record;
19  except that any criminal history record in the custody of the
20  department must be retained in all cases. A criminal history
21  record ordered expunged that is retained by the department is
22  confidential and exempt from the provisions of s. 119.07(1)
23  and s. 24(a), Art. I of the State Constitution and not
24  available to any person or entity except upon order of a court
25  of competent jurisdiction. A criminal justice agency may
26  retain a notation indicating compliance with an order to
27  expunge.
28         (a)  The person who is the subject of a criminal
29  history record that is expunged under this section or under
30  other provisions of law, including former s. 893.14, former s.
31  901.33, and former s. 943.058, may lawfully deny or fail to
                                  7
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2001                                   SB 720
    24-521-01
  1  acknowledge the arrests covered by the expunged record, except
  2  when the subject of the record:
  3         1.  Is a candidate for employment with a criminal
  4  justice agency;
  5         2.  Is a defendant in a criminal prosecution;
  6         3.  Concurrently or subsequently petitions for relief
  7  under this section or s. 943.059;
  8         4.  Is a candidate for admission to The Florida Bar;
  9         5.  Is seeking to be employed or licensed by or to
10  contract with the Department of Children and Family Services
11  or the Department of Juvenile Justice or to be employed or
12  used by such contractor or licensee in a sensitive position
13  having direct contact with children, the developmentally
14  disabled, the aged, or the elderly as provided in s.
15  110.1127(3), s. 393.063(15), s. 394.4572(1), s. 397.451, s.
16  402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4), s.
17  985.407, or chapter 400; or
18         6.  Is seeking to be employed or licensed by the Office
19  of Teacher Education, Certification, Staff Development, and
20  Professional Practices of the Department of Education, any
21  district school board, or any local governmental entity that
22  licenses child care facilities.
23         (b)  Subject to the exceptions in paragraph (a), a
24  person who has been granted an expunction under this section,
25  former s. 893.14, former s. 901.33, or former s. 943.058 may
26  not be held under any provision of law of this state to commit
27  perjury or to be otherwise liable for giving a false statement
28  by reason of such person's failure to recite or acknowledge an
29  expunged criminal history record.
30         (c)  Information relating to the existence of an
31  expunged criminal history record which is provided in
                                  8
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2001                                   SB 720
    24-521-01
  1  accordance with paragraph (a) is confidential and exempt from
  2  the provisions of s. 119.07(1) and s. 24(a), Art. I of the
  3  State Constitution, except that the department shall disclose
  4  the existence of a criminal history record ordered expunged to
  5  the entities set forth in subparagraphs (a)1., 4., 5., and 6.
  6  for their respective licensing and employment purposes, and to
  7  criminal justice agencies for their respective criminal
  8  justice purposes.  It is unlawful for any employee of an
  9  entity set forth in subparagraph (a)1., subparagraph (a)4.,
10  subparagraph (a)5., or subparagraph (a)6. to disclose
11  information relating to the existence of an expunged criminal
12  history record of a person seeking employment or licensure
13  with such entity or contractor, except to the person to whom
14  the criminal history record relates or to persons having
15  direct responsibility for employment or licensure decisions.
16  Any person who violates this paragraph commits a misdemeanor
17  of the first degree, punishable as provided in s. 775.082 or
18  s. 775.083.
19         (5)  STATUTORY REFERENCES.--Any reference to any other
20  chapter, section, or subdivision of the Florida Statutes in
21  this section constitutes a general reference under the
22  doctrine of incorporation by reference.
23         Section 2.  Section 943.059, Florida Statutes, is
24  amended to read:
25         943.059  Court-ordered sealing of criminal history
26  records.--The courts of this state shall continue to have
27  jurisdiction over their own procedures, including the
28  maintenance, sealing, and correction of judicial records
29  containing criminal history information to the extent such
30  procedures are not inconsistent with the conditions,
31  responsibilities, and duties established by this section.  Any
                                  9
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2001                                   SB 720
    24-521-01
  1  court of competent jurisdiction may order a criminal justice
  2  agency to seal the criminal history record of a minor or an
  3  adult who complies with the requirements of this section.  The
  4  court shall not order a criminal justice agency to seal a
  5  criminal history record until the person seeking to seal a
  6  criminal history record has applied for and received a
  7  certificate of eligibility for sealing pursuant to subsection
  8  (2).  A criminal history record that relates to a violation of
  9  chapter 794, s. 800.04, s. 817.034, s. 827.071, chapter 839,
10  s. 847.0133, s. 847.0135, s. 893.135, or a violation
11  enumerated in s. 907.041 may not be sealed, without regard to
12  whether adjudication was withheld, if the defendant was found
13  guilty of or pled guilty or nolo contendere to the offense, or
14  if the defendant, as a minor, was found to have committed or
15  pled guilty or nolo contendere to committing the offense as a
16  delinquent act.  The court may only order sealing of a
17  criminal history record pertaining to one arrest or one
18  incident of alleged criminal activity, except as provided in
19  this section. The court may, at its sole discretion, order the
20  sealing of a criminal history record pertaining to more than
21  one arrest if the additional arrests directly relate to the
22  original arrest.  If the court intends to order the sealing of
23  records pertaining to such additional arrests, such intent
24  must be specified in the order.  A criminal justice agency may
25  not seal any record pertaining to such additional arrests if
26  the order to seal does not articulate the intention of the
27  court to seal records pertaining to more than one arrest.
28  This section does not prevent the court from ordering the
29  sealing of only a portion of a criminal history record
30  pertaining to one arrest or one incident of alleged criminal
31  activity. Notwithstanding any law to the contrary, a criminal
                                  10
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2001                                   SB 720
    24-521-01
  1  justice agency may comply with laws, court orders, and
  2  official requests of other jurisdictions relating to sealing,
  3  correction, or confidential handling of criminal history
  4  records or information derived therefrom.  This section does
  5  not confer any right to the sealing of any criminal history
  6  record, and any request for sealing a criminal history record
  7  may be denied at the sole discretion of the court.
  8         (1)  PETITION TO SEAL A CRIMINAL HISTORY RECORD.--Each
  9  petition to a court to seal a criminal history record is
10  complete only when accompanied by:
11         (a)  A certificate of eligibility for sealing issued by
12  the department pursuant to subsection (2).
13         (b)  The petitioner's sworn statement attesting that
14  the petitioner:
15         1.  Has never, prior to the date on which the petition
16  is filed, been adjudicated guilty of a criminal offense or
17  comparable ordinance violation or adjudicated delinquent for
18  committing a felony or a misdemeanor specified in s.
19  943.051(3)(b).
20         2.  Has not been adjudicated guilty of or adjudicated
21  delinquent for committing any of the acts stemming from the
22  arrest or alleged criminal activity to which the petition to
23  seal pertains.
24         3.  Has never secured a prior sealing or expunction of
25  a criminal history record under this section, former s.
26  893.14, former s. 901.33, former s. 943.058, or from any
27  jurisdiction outside the state.
28         4.  Is eligible for such a sealing to the best of his
29  or her knowledge or belief and does not have any other
30  petition to seal or any petition to expunge pending before any
31  court.
                                  11
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2001                                   SB 720
    24-521-01
  1
  2  Any person who knowingly provides false information on such
  3  sworn statement to the court commits a felony of the third
  4  degree, punishable as provided in s. 775.082, s. 775.083, or
  5  s. 775.084.
  6         (2)  CERTIFICATE OF ELIGIBILITY FOR SEALING.--Prior to
  7  petitioning the court to seal a criminal history record, a
  8  person seeking to seal a criminal history record shall apply
  9  to the department for a certificate of eligibility for
10  sealing.  The department shall, by rule adopted pursuant to
11  chapter 120, establish procedures pertaining to the
12  application for and issuance of certificates of eligibility
13  for sealing.  The department shall issue a certificate of
14  eligibility for sealing to a person who is the subject of a
15  criminal history record provided that such person:
16         (a)  Has submitted to the department a certified copy
17  of the disposition of the charge to which the petition to seal
18  pertains.
19         (b)  Remits a $75 processing fee to the department for
20  placement in the Department of Law Enforcement Operating Trust
21  Fund, unless such fee is waived by the executive director.
22         (c)  Has never, prior to the date on which the
23  application for a certificate of eligibility is filed, been
24  adjudicated guilty of a criminal offense or comparable
25  ordinance violation or adjudicated delinquent for committing a
26  felony or a misdemeanor specified in s. 943.051(3)(b).
27         (d)  Has not been adjudicated guilty of or adjudicated
28  delinquent for committing any of the acts stemming from the
29  arrest or alleged criminal activity to which the petition to
30  seal pertains.
31
                                  12
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2001                                   SB 720
    24-521-01
  1         (e)  Has never secured a prior sealing or expunction of
  2  a criminal history record under this section, former s.
  3  893.14, former s. 901.33, or former s. 943.058.
  4         (f)  Is no longer under court supervision applicable to
  5  the disposition of the arrest or alleged criminal activity to
  6  which the petition to seal pertains.
  7         (3)  PROCESSING OF A PETITION OR ORDER TO SEAL.--
  8         (a)  In judicial proceedings under this section, a copy
  9  of the completed petition to seal shall be served upon the
10  appropriate state attorney or the statewide prosecutor and
11  upon the arresting agency; however, it is not necessary to
12  make any agency other than the state a party.  The appropriate
13  state attorney or the statewide prosecutor and the arresting
14  agency may respond to the court regarding the completed
15  petition to seal.
16         (b)  If relief is granted by the court, the clerk of
17  the court shall certify copies of the order to the appropriate
18  state attorney or the statewide prosecutor and to the
19  arresting agency. The arresting agency is responsible for
20  forwarding the order to any other agency to which the
21  arresting agency disseminated the criminal history record
22  information to which the order pertains. The department shall
23  forward the order to seal to the Federal Bureau of
24  Investigation. The clerk of the court shall certify a copy of
25  the order to any other agency which the records of the court
26  reflect has received the criminal history record from the
27  court.
28         (c)  For an order to seal entered by a court prior to
29  July 1, 1992, the department shall notify the appropriate
30  state attorney or statewide prosecutor of any order to seal
31  which is contrary to law because the person who is the subject
                                  13
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2001                                   SB 720
    24-521-01
  1  of the record has previously been convicted of a crime or
  2  comparable ordinance violation or has had a prior criminal
  3  history record sealed or expunged.  Upon receipt of such
  4  notice, the appropriate state attorney or statewide prosecutor
  5  shall take action, within 60 days, to correct the record and
  6  petition the court to void the order to seal.  The department
  7  shall seal the record until such time as the order is voided
  8  by the court.
  9         (d)  On or after July 1, 1992, the department or any
10  other criminal justice agency is not required to act on an
11  order to seal entered by a court when such order does not
12  comply with the requirements of this section.  Upon receipt of
13  such an order, the department must notify the issuing court,
14  the appropriate state attorney or statewide prosecutor, the
15  petitioner or the petitioner's attorney, and the arresting
16  agency of the reason for noncompliance. The appropriate state
17  attorney or statewide prosecutor shall take action within 60
18  days to correct the record and petition the court to void the
19  order.  No cause of action, including contempt of court, shall
20  arise against any criminal justice agency for failure to
21  comply with an order to seal when the petitioner for such
22  order failed to obtain the certificate of eligibility as
23  required by this section or when such order does not comply
24  with the requirements of this section.
25         (e)  An order sealing a criminal history record
26  pursuant to this section does not require that such record be
27  surrendered to the court, and such record shall continue to be
28  maintained by the department and other criminal justice
29  agencies.
30         (4)  EFFECT OF CRIMINAL HISTORY RECORD SEALING.--A
31  criminal history record of a minor or an adult which is
                                  14
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2001                                   SB 720
    24-521-01
  1  ordered sealed by a court of competent jurisdiction pursuant
  2  to this section is confidential and exempt from the provisions
  3  of s. 119.07(1) and s. 24(a), Art. I of the State Constitution
  4  and is available only to the person who is the subject of the
  5  record, to the subject's attorney, to criminal justice
  6  agencies for their respective criminal justice purposes, or to
  7  those entities set forth in subparagraphs (a)1., 4., 5., and
  8  6. for their respective licensing and employment purposes.
  9         (a)  The subject of a criminal history record sealed
10  under this section or under other provisions of law, including
11  former s. 893.14, former s. 901.33, and former s. 943.058, may
12  lawfully deny or fail to acknowledge the arrests covered by
13  the sealed record, except when the subject of the record:
14         1.  Is a candidate for employment with a criminal
15  justice agency;
16         2.  Is a defendant in a criminal prosecution;
17         3.  Concurrently or subsequently petitions for relief
18  under this section or s. 943.0585;
19         4.  Is a candidate for admission to The Florida Bar;
20         5.  Is seeking to be employed or licensed by or to
21  contract with the Department of Children and Family Services
22  or the Department of Juvenile Justice or to be employed or
23  used by such contractor or licensee in a sensitive position
24  having direct contact with children, the developmentally
25  disabled, the aged, or the elderly as provided in s.
26  110.1127(3), s. 393.063(15), s. 394.4572(1), s. 397.451, s.
27  402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4), s.
28  415.103, s. 985.407, or chapter 400; or
29         6.  Is seeking to be employed or licensed by the Office
30  of Teacher Education, Certification, Staff Development, and
31  Professional Practices of the Department of Education, any
                                  15
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2001                                   SB 720
    24-521-01
  1  district school board, or any local governmental entity which
  2  licenses child care facilities.
  3         (b)  Subject to the exceptions in paragraph (a), a
  4  person who has been granted a sealing under this section,
  5  former s. 893.14, former s. 901.33, or former s. 943.058 may
  6  not be held under any provision of law of this state to commit
  7  perjury or to be otherwise liable for giving a false statement
  8  by reason of such person's failure to recite or acknowledge a
  9  sealed criminal history record.
10         (c)  Information relating to the existence of a sealed
11  criminal record provided in accordance with the provisions of
12  paragraph (a) is confidential and exempt from the provisions
13  of s. 119.07(1) and s. 24(a), Art. I of the State
14  Constitution, except that the department shall disclose the
15  sealed criminal history record to the entities set forth in
16  subparagraphs (a)1., 4., 5., and 6. for their respective
17  licensing and employment purposes. It is unlawful for any
18  employee of an entity set forth in subparagraph (a)1.,
19  subparagraph (a)4., subparagraph (a)5., or subparagraph (a)6.
20  to disclose information relating to the existence of a sealed
21  criminal history record of a person seeking employment or
22  licensure with such entity or contractor, except to the person
23  to whom the criminal history record relates or to persons
24  having direct responsibility for employment or licensure
25  decisions.  Any person who violates the provisions of this
26  paragraph commits a misdemeanor of the first degree,
27  punishable as provided in s. 775.082 or s. 775.083.
28         (5)  STATUTORY REFERENCES.--Any reference to any other
29  chapter, section, or subdivision of the Florida Statutes in
30  this section constitutes a general reference under the
31  doctrine of incorporation by reference.
                                  16
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2001                                   SB 720
    24-521-01
  1         Section 3.  This act shall take effect July 1, 2001.
  2
  3            *****************************************
  4                          SENATE SUMMARY
  5    Provides that a court may not expunge or seal the
      criminal history record of a person who has been found
  6    guilty of or pled guilty or nolo contendere to a
      violation of s. 943.0585, F.S., relating to the unlawful
  7    distribution of obscene material to a minor, or who has
      been found guilty of or pled guilty or nolo contendere to
  8    a violation of s. 943.059, F.S., relating to unlawful
      activities involving computer pornography.
  9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
                                  17
CODING: Words stricken are deletions; words underlined are additions.