Senate Bill sb0142c1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for SB 142
By the Committee on Criminal Justice; and Senator Smith
307-1663-03
1 A bill to be entitled
2 An act relating to criminal history records;
3 amending s. 943.0585, F.S.; prohibiting the
4 expunction of a criminal history record
5 concerning a defendant who was found guilty of,
6 or who pled guilty or nolo contendere to, the
7 offense of voyeurism, regardless of whether
8 adjudication was withheld; amending s. 943.059,
9 F.S.; prohibiting the sealing of a criminal
10 history record concerning a defendant who was
11 found guilty of, or who pled guilty or nolo
12 contendere to the offense of voyeurism,
13 regardless of whether adjudication was
14 withheld; providing an effective date.
15
16 Be It Enacted by the Legislature of the State of Florida:
17
18 Section 1. Section 943.0585, Florida Statutes, is
19 amended to read:
20 943.0585 Court-ordered expunction of criminal history
21 records.--The courts of this state have jurisdiction over
22 their own procedures, including the maintenance, expunction,
23 and correction of judicial records containing criminal history
24 information to the extent such procedures are not inconsistent
25 with the conditions, responsibilities, and duties established
26 by this section. Any court of competent jurisdiction may order
27 a criminal justice agency to expunge the criminal history
28 record of a minor or an adult who complies with the
29 requirements of this section. The court shall not order a
30 criminal justice agency to expunge a criminal history record
31 until the person seeking to expunge a criminal history record
1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for SB 142
307-1663-03
1 has applied for and received a certificate of eligibility for
2 expunction pursuant to subsection (2). A criminal history
3 record that relates to a violation of s. 787.025, chapter 794,
4 s. 796.03, s. 800.04, s. 810.14, s. 817.034, s. 825.1025, s.
5 827.071, chapter 839, s. 847.0133, s. 847.0135, s. 847.0145,
6 s. 893.135, or a violation enumerated in s. 907.041 may not be
7 expunged, without regard to whether adjudication was withheld,
8 if the defendant was found guilty of or pled guilty or nolo
9 contendere to the offense, or if the defendant, as a minor,
10 was found to have committed, or pled guilty or nolo contendere
11 to committing, the offense as a delinquent act. The court may
12 only order expunction of a criminal history record pertaining
13 to one arrest or one incident of alleged criminal activity,
14 except as provided in this section. The court may, at its sole
15 discretion, order the expunction of a criminal history record
16 pertaining to more than one arrest if the additional arrests
17 directly relate to the original arrest. If the court intends
18 to order the expunction of records pertaining to such
19 additional arrests, such intent must be specified in the
20 order. A criminal justice agency may not expunge any record
21 pertaining to such additional arrests if the order to expunge
22 does not articulate the intention of the court to expunge a
23 record pertaining to more than one arrest. This section does
24 not prevent the court from ordering the expunction of only a
25 portion of a criminal history record pertaining to one arrest
26 or one incident of alleged criminal activity. Notwithstanding
27 any law to the contrary, a criminal justice agency may comply
28 with laws, court orders, and official requests of other
29 jurisdictions relating to expunction, correction, or
30 confidential handling of criminal history records or
31 information derived therefrom. This section does not confer
2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for SB 142
307-1663-03
1 any right to the expunction of any criminal history record,
2 and any request for expunction of a criminal history record
3 may be denied at the sole discretion of the court.
4 (1) PETITION TO EXPUNGE A CRIMINAL HISTORY
5 RECORD.--Each petition to a court to expunge a criminal
6 history record is complete only when accompanied by:
7 (a) A certificate of eligibility for expunction issued
8 by 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
19 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, or former s. 943.058, or from any
23 jurisdiction outside the state.
24 4. Is eligible for such an expunction to the best of
25 his or her knowledge or belief and does not have any other
26 petition to expunge or any petition to seal 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
3
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for SB 142
307-1663-03
1 degree, punishable as provided in s. 775.082, s. 775.083, or
2 s. 775.084.
3 (2) CERTIFICATE OF ELIGIBILITY FOR EXPUNCTION.--Prior
4 to petitioning the court to expunge a criminal history record,
5 a person seeking to expunge a criminal history record shall
6 apply to the department for a certificate of eligibility for
7 expunction. 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 expunction. The department shall issue a certificate of
11 eligibility for expunction to a person who is the subject of a
12 criminal history record if that person:
13 (a) Has obtained, and submitted to the department, a
14 written, certified statement from the appropriate state
15 attorney or statewide prosecutor which indicates:
16 1. That an indictment, information, or other charging
17 document was not filed or issued in the case.
18 2. That an indictment, information, or other charging
19 document, if filed or issued in the case, was dismissed or
20 nolle prosequi by the state attorney or statewide prosecutor,
21 or was dismissed by a court of competent jurisdiction.
22 3. That the criminal history record does not relate to
23 a violation of s. 787.025, chapter 794, s. 796.03, s. 800.04,
24 s. 810.14, s. 817.034, s. 825.1025, s. 827.071, chapter 839,
25 s. 847.0133, s. 847.0135, s. 847.0145, s. 893.135, or a
26 violation enumerated in s. 907.041, where the defendant was
27 found guilty of, or pled guilty or nolo contendere to any such
28 offense, or that the defendant, as a minor, was found to have
29 committed, or pled guilty or nolo contendere to committing,
30 such an offense as a delinquent act, without regard to whether
31 adjudication was withheld.
4
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for SB 142
307-1663-03
1 (b) Remits a $75 processing fee to the department for
2 placement in the Department of Law Enforcement Operating Trust
3 Fund, unless such fee is waived by the executive director.
4 (c) Has submitted to the department a certified copy
5 of the disposition of the charge to which the petition to
6 expunge pertains.
7 (d) Has never, prior to the date on which the
8 application for a certificate of eligibility is filed, been
9 adjudicated guilty of a criminal offense or comparable
10 ordinance violation or adjudicated delinquent for committing a
11 felony or a misdemeanor specified in s. 943.051(3)(b).
12 (e) Has not been adjudicated guilty of, or adjudicated
13 delinquent for committing, any of the acts stemming from the
14 arrest or alleged criminal activity to which the petition to
15 expunge pertains.
16 (f) Has never secured a prior sealing or expunction of
17 a criminal history record under this section, former s.
18 893.14, former s. 901.33, or former s. 943.058.
19 (g) Is no longer under court supervision applicable to
20 the disposition of the arrest or alleged criminal activity to
21 which the petition to expunge pertains.
22 (h) Is not required to wait a minimum of 10 years
23 prior to being eligible for an expunction of such records
24 because all charges related to the arrest or criminal activity
25 to which the petition to expunge pertains were dismissed prior
26 to trial, adjudication, or the withholding of adjudication.
27 Otherwise, such criminal history record must be sealed under
28 this section, former s. 893.14, former s. 901.33, or former s.
29 943.058 for at least 10 years before such record is eligible
30 for expunction.
31 (3) PROCESSING OF A PETITION OR ORDER TO EXPUNGE.--
5
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for SB 142
307-1663-03
1 (a) In judicial proceedings under this section, a copy
2 of the completed petition to expunge shall be served upon the
3 appropriate state attorney or the statewide prosecutor and
4 upon the arresting agency; however, it is not necessary to
5 make any agency other than the state a party. The appropriate
6 state attorney or the statewide prosecutor and the arresting
7 agency may respond to the court regarding the completed
8 petition to expunge.
9 (b) If relief is granted by the court, the clerk of
10 the court shall certify copies of the order to the appropriate
11 state attorney or the statewide prosecutor and the arresting
12 agency. The arresting agency is responsible for forwarding the
13 order to any other agency to which the arresting agency
14 disseminated the criminal history record information to which
15 the order pertains. The department shall forward the order to
16 expunge to the Federal Bureau of Investigation. The clerk of
17 the court shall certify a copy of the order to any other
18 agency which the records of the court reflect has received the
19 criminal history record from the court.
20 (c) For an order to expunge entered by a court prior
21 to July 1, 1992, the department shall notify the appropriate
22 state attorney or statewide prosecutor of an order to expunge
23 which is contrary to law because the person who is the subject
24 of the record has previously been convicted of a crime or
25 comparable ordinance violation or has had a prior criminal
26 history record sealed or expunged. Upon receipt of such
27 notice, the appropriate state attorney or statewide prosecutor
28 shall take action, within 60 days, to correct the record and
29 petition the court to void the order to expunge. The
30 department shall seal the record until such time as the order
31 is voided by the court.
6
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for SB 142
307-1663-03
1 (d) On or after July 1, 1992, the department or any
2 other criminal justice agency is not required to act on an
3 order to expunge entered by a court when such order does not
4 comply with the requirements of this section. Upon receipt of
5 such an order, the department must notify the issuing court,
6 the appropriate state attorney or statewide prosecutor, the
7 petitioner or the petitioner's attorney, and the arresting
8 agency of the reason for noncompliance. The appropriate state
9 attorney or statewide prosecutor shall take action within 60
10 days to correct the record and petition the court to void the
11 order. No cause of action, including contempt of court, shall
12 arise against any criminal justice agency for failure to
13 comply with an order to expunge when the petitioner for such
14 order failed to obtain the certificate of eligibility as
15 required by this section or such order does not otherwise
16 comply with the requirements of this section.
17 (4) EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.--Any
18 criminal history record of a minor or an adult which is
19 ordered expunged by a court of competent jurisdiction pursuant
20 to this section must be physically destroyed or obliterated by
21 any criminal justice agency having custody of such record;
22 except that any criminal history record in the custody of the
23 department must be retained in all cases. A criminal history
24 record ordered expunged that is retained by the department is
25 confidential and exempt from the provisions of s. 119.07(1)
26 and s. 24(a), Art. I of the State Constitution and not
27 available to any person or entity except upon order of a court
28 of competent jurisdiction. A criminal justice agency may
29 retain a notation indicating compliance with an order to
30 expunge.
31
7
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for SB 142
307-1663-03
1 (a) The person who is the subject of a criminal
2 history record that is expunged under this section or under
3 other provisions of law, including former s. 893.14, former s.
4 901.33, and former s. 943.058, may lawfully deny or fail to
5 acknowledge the arrests covered by the expunged record, except
6 when the subject of the record:
7 1. Is a candidate for employment with a criminal
8 justice agency;
9 2. Is a defendant in a criminal prosecution;
10 3. Concurrently or subsequently petitions for relief
11 under this section or s. 943.059;
12 4. Is a candidate for admission to The Florida Bar;
13 5. Is seeking to be employed or licensed by or to
14 contract with the Department of Children and Family Services
15 or the Department of Juvenile Justice or to be employed or
16 used by such contractor or licensee in a sensitive position
17 having direct contact with children, the developmentally
18 disabled, the aged, or the elderly as provided in s.
19 110.1127(3), s. 393.063(15), s. 394.4572(1), s. 397.451, s.
20 402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4), s.
21 985.407, or chapter 400; or
22 6. Is seeking to be employed or licensed by the Office
23 of Teacher Education, Certification, Staff Development, and
24 Professional Practices of the Department of Education, any
25 district school board, or any local governmental entity that
26 licenses child care facilities.
27 (b) Subject to the exceptions in paragraph (a), a
28 person who has been granted an expunction under this section,
29 former s. 893.14, former s. 901.33, or former s. 943.058 may
30 not be held under any provision of law of this state to commit
31 perjury or to be otherwise liable for giving a false statement
8
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for SB 142
307-1663-03
1 by reason of such person's failure to recite or acknowledge an
2 expunged criminal history record.
3 (c) Information relating to the existence of an
4 expunged criminal history record which is provided in
5 accordance with paragraph (a) is confidential and exempt from
6 the provisions of s. 119.07(1) and s. 24(a), Art. I of the
7 State Constitution, except that the department shall disclose
8 the existence of a criminal history record ordered expunged to
9 the entities set forth in subparagraphs (a)1., 4., 5., and 6.
10 for their respective licensing and employment purposes, and to
11 criminal justice agencies for their respective criminal
12 justice purposes. It is unlawful for any employee of an entity
13 set forth in subparagraph (a)1., subparagraph (a)4.,
14 subparagraph (a)5., or subparagraph (a)6. to disclose
15 information relating to the existence of an expunged criminal
16 history record of a person seeking employment or licensure
17 with such entity or contractor, except to the person to whom
18 the criminal history record relates or to persons having
19 direct responsibility for employment or licensure decisions.
20 Any person who violates this paragraph commits a misdemeanor
21 of the first degree, punishable as provided in s. 775.082 or
22 s. 775.083.
23 (5) STATUTORY REFERENCES.--Any reference to any other
24 chapter, section, or subdivision of the Florida Statutes in
25 this section constitutes a general reference under the
26 doctrine of incorporation by reference.
27 Section 2. Section 943.059, Florida Statutes, is
28 amended to read:
29 943.059 Court-ordered sealing of criminal history
30 records.--The courts of this state shall continue to have
31 jurisdiction over their own procedures, including the
9
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for SB 142
307-1663-03
1 maintenance, sealing, and correction of judicial records
2 containing criminal history information to the extent such
3 procedures are not inconsistent with the conditions,
4 responsibilities, and duties established by this section. Any
5 court of competent jurisdiction may order a criminal justice
6 agency to seal the criminal history record of a minor or an
7 adult who complies with the requirements of this section. The
8 court shall not order a criminal justice agency to seal a
9 criminal history record until the person seeking to seal a
10 criminal history record has applied for and received a
11 certificate of eligibility for sealing pursuant to subsection
12 (2). A criminal history record that relates to a violation of
13 s. 787.025, chapter 794, s. 796.03, s. 800.04, s. 810.14, s.
14 817.034, s. 825.1025, s. 827.071, chapter 839, s. 847.0133, s.
15 847.0135, s. 847.0145, s. 893.135, or a violation enumerated
16 in s. 907.041 may not be sealed, without regard to whether
17 adjudication was withheld, if the defendant was found guilty
18 of or pled guilty or nolo contendere to the offense, or if the
19 defendant, as a minor, was found to have committed or pled
20 guilty or nolo contendere to committing the offense as a
21 delinquent act. The court may only order sealing of a criminal
22 history record pertaining to one arrest or one incident of
23 alleged criminal activity, except as provided in this section.
24 The court may, at its sole discretion, order the sealing of a
25 criminal history record pertaining to more than one arrest if
26 the additional arrests directly relate to the original arrest.
27 If the court intends to order the sealing of records
28 pertaining to such additional arrests, such intent must be
29 specified in the order. A criminal justice agency may not seal
30 any record pertaining to such additional arrests if the order
31 to seal does not articulate the intention of the court to seal
10
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for SB 142
307-1663-03
1 records pertaining to more than one arrest. This section does
2 not prevent the court from ordering the sealing of only a
3 portion of a criminal history record pertaining to one arrest
4 or one incident of alleged criminal activity. Notwithstanding
5 any law to the contrary, a criminal justice agency may comply
6 with laws, court orders, and official requests of other
7 jurisdictions relating to sealing, correction, or confidential
8 handling of criminal history records or information derived
9 therefrom. This section does not confer any right to the
10 sealing of any criminal history record, and any request for
11 sealing a criminal history record may be denied at the sole
12 discretion of the court.
13 (1) PETITION TO SEAL A CRIMINAL HISTORY RECORD.--Each
14 petition to a court to seal a criminal history record is
15 complete only when accompanied by:
16 (a) A certificate of eligibility for sealing issued by
17 the department pursuant to subsection (2).
18 (b) The petitioner's sworn statement attesting that
19 the petitioner:
20 1. Has never, prior to the date on which the petition
21 is filed, been adjudicated guilty of a criminal offense or
22 comparable ordinance violation or adjudicated delinquent for
23 committing a felony or a misdemeanor specified in s.
24 943.051(3)(b).
25 2. Has not been adjudicated guilty of or adjudicated
26 delinquent for committing any of the acts stemming from the
27 arrest or alleged criminal activity to which the petition to
28 seal pertains.
29 3. Has never secured a prior sealing or expunction of
30 a criminal history record under this section, former s.
31
11
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for SB 142
307-1663-03
1 893.14, former s. 901.33, former s. 943.058, or from any
2 jurisdiction outside the state.
3 4. Is eligible for such a sealing to the best of his
4 or her knowledge or belief and does not have any other
5 petition to seal or any petition to expunge pending before any
6 court.
7
8 Any person who knowingly provides false information on such
9 sworn statement to the court commits a felony of the third
10 degree, punishable as provided in s. 775.082, s. 775.083, or
11 s. 775.084.
12 (2) CERTIFICATE OF ELIGIBILITY FOR SEALING.--Prior to
13 petitioning the court to seal a criminal history record, a
14 person seeking to seal a criminal history record shall apply
15 to the department for a certificate of eligibility for
16 sealing. The department shall, by rule adopted pursuant to
17 chapter 120, establish procedures pertaining to the
18 application for and issuance of certificates of eligibility
19 for sealing. The department shall issue a certificate of
20 eligibility for sealing to a person who is the subject of a
21 criminal history record provided that such person:
22 (a) Has submitted to the department a certified copy
23 of the disposition of the charge to which the petition to seal
24 pertains.
25 (b) Remits a $75 processing fee to the department for
26 placement in the Department of Law Enforcement Operating Trust
27 Fund, unless such fee is waived by the executive director.
28 (c) Has never, prior to the date on which the
29 application for a certificate of eligibility is filed, been
30 adjudicated guilty of a criminal offense or comparable
31
12
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for SB 142
307-1663-03
1 ordinance violation or adjudicated delinquent for committing a
2 felony or a misdemeanor specified in s. 943.051(3)(b).
3 (d) 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 seal pertains.
7 (e) 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 (f) Is no longer under court supervision applicable to
11 the disposition of the arrest or alleged criminal activity to
12 which the petition to seal pertains.
13 (3) PROCESSING OF A PETITION OR ORDER TO SEAL.--
14 (a) In judicial proceedings under this section, a copy
15 of the completed petition to seal shall be served upon the
16 appropriate state attorney or the statewide prosecutor and
17 upon the arresting agency; however, it is not necessary to
18 make any agency other than the state a party. The appropriate
19 state attorney or the statewide prosecutor and the arresting
20 agency may respond to the court regarding the completed
21 petition to seal.
22 (b) If relief is granted by the court, the clerk of
23 the court shall certify copies of the order to the appropriate
24 state attorney or the statewide prosecutor and to the
25 arresting agency. The arresting agency is responsible for
26 forwarding the order to any other agency to which the
27 arresting agency disseminated the criminal history record
28 information to which the order pertains. The department shall
29 forward the order to seal to the Federal Bureau of
30 Investigation. The clerk of the court shall certify a copy of
31 the order to any other agency which the records of the court
13
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for SB 142
307-1663-03
1 reflect has received the criminal history record from the
2 court.
3 (c) For an order to seal entered by a court prior to
4 July 1, 1992, the department shall notify the appropriate
5 state attorney or statewide prosecutor of any order to seal
6 which is contrary to law because the person who is the subject
7 of the record has previously been convicted of a crime or
8 comparable ordinance violation or has had a prior criminal
9 history record sealed or expunged. Upon receipt of such
10 notice, the appropriate state attorney or statewide prosecutor
11 shall take action, within 60 days, to correct the record and
12 petition the court to void the order to seal. The department
13 shall seal the record until such time as the order is voided
14 by the court.
15 (d) On or after July 1, 1992, the department or any
16 other criminal justice agency is not required to act on an
17 order to seal entered by a court when such order does not
18 comply with the requirements of this section. Upon receipt of
19 such an order, the department must notify the issuing court,
20 the appropriate state attorney or statewide prosecutor, the
21 petitioner or the petitioner's attorney, and the arresting
22 agency of the reason for noncompliance. The appropriate state
23 attorney or statewide prosecutor shall take action within 60
24 days to correct the record and petition the court to void the
25 order. No cause of action, including contempt of court, shall
26 arise against any criminal justice agency for failure to
27 comply with an order to seal when the petitioner for such
28 order failed to obtain the certificate of eligibility as
29 required by this section or when such order does not comply
30 with the requirements of this section.
31
14
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for SB 142
307-1663-03
1 (e) An order sealing a criminal history record
2 pursuant to this section does not require that such record be
3 surrendered to the court, and such record shall continue to be
4 maintained by the department and other criminal justice
5 agencies.
6 (4) EFFECT OF CRIMINAL HISTORY RECORD SEALING.--A
7 criminal history record of a minor or an adult which is
8 ordered sealed by a court of competent jurisdiction pursuant
9 to this section is confidential and exempt from the provisions
10 of s. 119.07(1) and s. 24(a), Art. I of the State Constitution
11 and is available only to the person who is the subject of the
12 record, to the subject's attorney, to criminal justice
13 agencies for their respective criminal justice purposes, or to
14 those entities set forth in subparagraphs (a)1., 4., 5., and
15 6. for their respective licensing and employment purposes.
16 (a) The subject of a criminal history record sealed
17 under this section or under other provisions of law, including
18 former s. 893.14, former s. 901.33, and former s. 943.058, may
19 lawfully deny or fail to acknowledge the arrests covered by
20 the sealed record, except when the subject of the record:
21 1. Is a candidate for employment with a criminal
22 justice agency;
23 2. Is a defendant in a criminal prosecution;
24 3. Concurrently or subsequently petitions for relief
25 under this section or s. 943.0585;
26 4. Is a candidate for admission to The Florida Bar;
27 5. Is seeking to be employed or licensed by or to
28 contract with the Department of Children and Family Services
29 or the Department of Juvenile Justice or to be employed or
30 used by such contractor or licensee in a sensitive position
31 having direct contact with children, the developmentally
15
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for SB 142
307-1663-03
1 disabled, the aged, or the elderly as provided in s.
2 110.1127(3), s. 393.063(15), s. 394.4572(1), s. 397.451, s.
3 402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4), s.
4 415.103, s. 985.407, or chapter 400; or
5 6. Is seeking to be employed or licensed by the Office
6 of Teacher Education, Certification, Staff Development, and
7 Professional Practices of the Department of Education, any
8 district school board, or any local governmental entity which
9 licenses child care facilities.
10 (b) Subject to the exceptions in paragraph (a), a
11 person who has been granted a sealing under this section,
12 former s. 893.14, former s. 901.33, or former s. 943.058 may
13 not be held under any provision of law of this state to commit
14 perjury or to be otherwise liable for giving a false statement
15 by reason of such person's failure to recite or acknowledge a
16 sealed criminal history record.
17 (c) Information relating to the existence of a sealed
18 criminal record provided in accordance with the provisions of
19 paragraph (a) is confidential and exempt from the provisions
20 of s. 119.07(1) and s. 24(a), Art. I of the State
21 Constitution, except that the department shall disclose the
22 sealed criminal history record to the entities set forth in
23 subparagraphs (a)1., 4., 5., and 6. for their respective
24 licensing and employment purposes. It is unlawful for any
25 employee of an entity set forth in subparagraph (a)1.,
26 subparagraph (a)4., subparagraph (a)5., or subparagraph (a)6.
27 to disclose information relating to the existence of a sealed
28 criminal history record of a person seeking employment or
29 licensure with such entity or contractor, except to the person
30 to whom the criminal history record relates or to persons
31 having direct responsibility for employment or licensure
16
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for SB 142
307-1663-03
1 decisions. Any person who violates the provisions of this
2 paragraph commits a misdemeanor of the first degree,
3 punishable as provided in s. 775.082 or s. 775.083.
4 (5) STATUTORY REFERENCES.--Any reference to any other
5 chapter, section, or subdivision of the Florida Statutes in
6 this section constitutes a general reference under the
7 doctrine of incorporation by reference.
8 Section 3. This act shall take effect July 1, 2003.
9
10 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
11 Senate Bill 142
12
13 Prohibits sealing (SB 142 only prohibited expunction) a
criminal history record when the subject of the record is
14 found guilty of or pleads guilty to or nolo contendere to the
offense of voyeurism, regardless of whether adjudication is
15 withheld.
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.