HB 1777 2003
1	A bill to be entitled
2	An act relating to educator certification and discipline;
3	amending s. 1012.56, F.S.; requiring an affidavit for
4	educator certification; creating s. 1012.561, F.S.;
5	requiring each certified educator and applicant for
6	certification as an educator to notify the Bureau of
7	Educator Certification in writing of his or her current
8	mailing address; providing a penalty for noncompliance;
9	authorizing service by regular mail for certain purposes;
10	amending s. 1012.79, F.S.; revising the number of members
11	required for certain panels of the Education Practices
12	Commission; amending s. 1012.795, F.S., relating to the
13	Education Practices Commission's authority to discipline;
14	revising grounds for discipline; providing penalties;
15	amending s. 1012.796, F.S.; requiring certain agencies to
16	provide unredacted documents to the Department of
17	Education for purposes of investigating and prosecuting
18	certified educators; providing requirements for an
19	educator who is on probation; revising penalties that the
20	Education Practices Commission may impose; revising
21	criteria for the use of an order to show cause; amending
22	s. 1012.798, F.S.; revising provisions relating to the
23	recovery network program for educators; amending s.
24	943.0585, F.S.; allowing certain employers of educators to
25	have access to expunged records; amending s. 943.059,
26	F.S.; allowing certain employers of educators to have
27	access to sealed records; providing an effective date.
28
29	Be It Enacted by the Legislature of the State of Florida:
30
31	Section 1. Paragraph (b) of subsection (2) of section
32	1012.56, Florida Statutes, is amended to read:
33	1012.56 Educator certification requirements.--
34	(2) ELIGIBILITY CRITERIA.--To be eligible to seek
35	certification pursuant to this chapter, a person must:
36	(b) File an affidavita written statement, under oath,
37	that the applicant subscribes to and will uphold the principles
38	incorporated in the Constitution of the United States and the
39	Constitution of the State of Florida and that the information
40	provided in the application is true, accurate, and complete. The
41	affidavit shall be in substantially the following form:
42
43	Under penalty of perjury, I, (name of applicant), do hereby
44	certify that I subscribe to and will uphold the principles
45	incorporated in the Constitution of the United States and the
46	Constitution of the State of Florida and that all information
47	provided in this application is true, accurate, and complete.
48
49	Signature or electronic authentication.
50
51	The affidavit shall include substantially the following warning:
52
53	WARNING: GIVING FALSE INFORMATION IN ORDER TO OBTAIN OR RENEW A
54	FLORIDA EDUCATOR’S CERTIFICATE IS A CRIMINAL OFFENSE UNDER
55	FLORIDA LAW. ANYONE GIVING FALSE INFORMATION ON THIS AFFIDAVIT
56	IS SUBJECT TO CRIMINAL PROSECUTION, AS WELL AS DISCIPLINARY
57	ACTION BY THE EDUCATION PRACTICES COMMISSION.
58
59	Section 2. Section 1012.561, Florida Statutes, is created
60	to read:
61	1012.561 Address of record.--
62	(1) Each certified educator or applicant for certification
63	as an educator is solely responsible for notifying the Bureau of
64	Educator Certification in writing of his or her current mailing
65	address and for notifying the bureau of a change of address. A
66	certified educator or applicant for certification who is
67	employed by a district school board must notify his or her
68	employing school district of a change of address in writing
69	within 10 days after the change has occurred. The employing
70	district school board must notify the bureau of the change of
71	address, in the manner prescribed by the Department of
72	Education, within 20 days after the school board receives
73	notification from the certified educator or applicant for
74	certification. A certified educator or applicant for
75	certification who is not employed by a district school board
76	must personally notify the bureau in writing of a change of
77	address within 30 days after the change has occurred. The bureau
78	shall allow electronic notification; however, the certified
79	educator or applicant for certification is responsible for
80	ensuring that the bureau has received the electronic
81	notification. Failure to notify the bureau of a change of
82	address constitutes a violation of this section, and the
83	certified educator or applicant for certification may be
84	disciplined by the Education Practices Commission as provided in
85	s. 1012.795 for such a failure.
86	(2) Notwithstanding any other provision of law to the
87	contrary, effective January 1, 2004, service by regular mail to
88	a certified educator's or applicant's last known address of
89	record with the bureau constitutes adequate and sufficient
90	notice to the certified educator or applicant of any official
91	communication to the educator or applicant by the Department of
92	Education, the Education Practices Commission, or the Recovery
93	Network for Educators.
94	Section 3. Paragraph (a) of subsection (8) of section
95	1012.79, Florida Statutes, is amended to read:
96	1012.79 Education Practices Commission; organization.--
97	(8)(a) The commission shall, from time to time, designate
98	members of the commission to serve on panels for the purpose of
99	reviewing and issuing final orders upon cases presented to the
100	commission. A case concerning a complaint against a teacher
101	shall be reviewed and a final order thereon shall be entered by
102	a panel composed of fiveseven commission members, threefourof
103	whom shall be teachers. A case concerning a complaint against an
104	administrator shall be reviewed and a final order thereon shall
105	be entered by a panel composed of fiveseven commission members,
106	threefourof whom shall be administrators.
107	Section 4. Section 1012.795, Florida Statutes, is amended
108	to read:
109	1012.795 Education Practices Commission; authority to
110	discipline.--
111	(1) The Education Practices Commission may suspend the
112	educator certificate of any person as defined in s. 1012.01(2)
113	or (3) for a period of time not to exceed 53years, thereby
114	denying that person the privilegeright to teach or otherwise be
115	employed in a public school in any capacity that requires direct
116	contact with studentsfor that period of time, after which the
117	holder may return to teaching as provided in subsection (4); may
118	revoke the educator certificate of any person, thereby denying
119	that person the privilegeright to teach or otherwise be
120	employed in a public school in any capacity that requires direct
121	contact with studentsfor a period of time not to exceed 10
122	years, with reinstatement subject to the provisions of
123	subsection (4); may revoke permanently the educator certificate
124	of any person, thereby denying that person the privilege to
125	teach or otherwise be employed in a public school in any
126	capacity that requires direct contact with students; may suspend
127	the educator certificate, upon order of the court, of any person
128	found to have a delinquent child support obligation; or may
129	impose any other penalty provided by law, ifprovidedit can be
130	shown that the person:
131	(a) Obtained or attempted to obtain antheeducator
132	certificate by fraudulent means.
133	(b) Has proved to be incompetent to teach or to perform
134	duties as an employee of the public school system or to teach in
135	or to operate a private school.
136	(c) Has been guilty of gross immorality or an act
137	involving moral turpitude.
138	(d) Has had an educator certificate sanctioned byrevoked
139	inanother state.
140	(e) Has a convictionbeen convicted of a crime in any
141	jurisdictionmisdemeanor, felony, or any other criminal charge,
142	other than a minor traffic violation. As used in this paragraph,
143	the term "conviction" means a finding of guilt, a plea of
144	guilty, a plea of nolo contendere, or entering a pretrial
145	intervention program, whether or not there is a formal
146	adjudication of guilt.
147	(f) Upon investigation, has been found guilty of personal
148	conduct which seriously reduces that person's effectiveness as
149	an employee of the district school board.
150	(g) Has breached a contract, as provided in s. 1012.33(2).
151	(h) Has been the subject of a court order directing the
152	Education Practices Commission to suspend the certificate as a
153	result of a delinquent child support obligation.
154	(i) Has violated the Principles of Professional Conduct
155	for the Education Profession prescribed by State Board of
156	Education rules.
157	(j) Has otherwise violated the provisions of law, the
158	penalty for which is the revocation of the educator certificate.
159	(k) Has violated any order of the Education Practices
160	Commission.
161	(l) Has failed to maintain a current address with the
162	Bureau of Educator Certification as required under s. 1012.561.
163	(m) Has been the subject of a court order or plea
164	agreement in any jurisdiction which requires the
165	certificateholder to surrender or otherwise relinquish his or
166	her educator's certificate. Any surrender or relinquishment
167	constitutes a permanent revocation of the certificate. A person
168	may not surrender or otherwise relinquish his or her certificate
169	prior to a finding of probable cause by the commissioner as
170	provided in s. 1012.796.
171	(2) A finding of guilt, aThe plea of guilty, or a plea of
172	nolo contendere to any crime in any jurisdiction other than a
173	minor traffic violation, whether or not there is a formal
174	adjudication of guilt; entering a pretrial intervention program
175	concerning any crime in any jurisdiction;in any court, the
176	decision of guilty by any court,the forfeiture by the teaching
177	certificateholder of a bond in any court of law;,or the written
178	acknowledgment, duly witnessed, of offenses listed in subsection
179	(1) to the district school superintendent or a duly appointed
180	representative or to the district school board constitutesshall
181	beprima facie proof of grounds for revocation of the
182	certificate as listed in subsection (1) in the absence of proof
183	by the certificateholder that the plea of guilty, plea of nolo
184	contendere, entering a pretrial intervention program,forfeiture
185	of bond, or admission of guilt was caused by threats, coercion,
186	or fraudulent means.
187	(3) The revocation by the Education Practices Commission
188	of an educator certificate of any person automatically revokes
189	any and all Florida educator certificates held by that person.
190	(4)(a) An educator certificate which has been suspended
191	under this section is automatically reinstated at the end of the
192	suspension period, provided the certificate did not expire
193	during the period of suspension. If the certificate expired
194	during the period of suspension, the holder of the former
195	certificate may secure a new certificate by making application
196	therefor and by meeting the certification requirements of the
197	state board current at the time of the application for the new
198	certificate. An educator certificate suspended pursuant to a
199	court order for a delinquent child support obligation may only
200	be reinstated upon notice from the court that the party has
201	complied with the terms of the court order.
202	(b) A person whose educator certificate has been revoked
203	under this section may apply for a new certificate at the
204	expiration of that period of ineligibility fixed by the
205	Education Practices Commission by making application therefor
206	and by meeting the certification requirements of the state board
207	current at the time of the application for the new certificate.
208	(5) Each district school superintendent and the governing
209	authority of each university lab school, state-supported school,
210	or private school shall report to the department the name of any
211	person certified pursuant to this chapter or employed and
212	qualified pursuant to s. 1012.39:
213	(a) Who has a convictionbeen convicted of a crime in any
214	jurisdiction, other than a minor traffic violation. As used in
215	this paragraph, the term "conviction" means a finding of guilt,
216	a plea of guilty, a plea of nolo contendere, or entering a
217	pretrial intervention program, whether or not there is a formal
218	adjudication of guilt, or who has pled nolo contendere to, a
219	misdemeanor, felony, or any other criminal charge, other than a
220	minor traffic infraction;
221	(b) Who that official has reason to believe has committed
222	or is found to have committed any act which would be a ground
223	for revocation or suspension under subsection (1); or
224	(c) Who has been dismissed or severed from employment
225	because of conduct involving any immoral, unnatural, or
226	lascivious act.
227	(6)(a) When an individual violates any provision ofthe
228	provisions of a settlement agreement enforced bya final order
229	of the Education Practices Commission, the Department of
230	Education may request thatan order to show cause may be issued
231	by the clerk of the commission issue an order to show cause. The
232	order shall require the individual to appear before the
233	commission to show cause why further penalties should not be
234	levied against the individual's certificate pursuant to the
235	authority provided to the Education Practices Commission in
236	subsection (1). The Education Practices Commission may fashion
237	further penalties under the authority of subsection (1) as it
238	deemsdeemed appropriate upon consideringwhenthe show cause
239	order is responded to by the individual.
240	(b) The Education Practices Commission shall issue a final
241	order revoking an individual's Florida educator's certificate
242	for a minimum of 1 year if the individual has been the subject
243	of sanctions by the Education Practices Commission on two
244	previous occasions.under the following circumstances:
245	1. If the individual:
246	a. Has been found to have violated the provisions of this
247	section, such that the Education Practices Commission has the
248	authority to discipline the individual's Florida educator's
249	certificate on two separate occasions;
250	b. Has twice entered into a settlement agreement enforced
251	by a final order of the Education Practices Commission; or
252	c. Has been found to have violated the provisions of this
253	section, such that the Education Practices Commission has the
254	authority to discipline the individual's Florida educator's
255	certificate on one occasion and entered into a settlement
256	agreement enforced by a final order of the Education Practices
257	Commission on one occasion; and
258	2. A third finding of probable cause and a finding that
259	the allegations are proven or admitted to is subsequently found
260	by the Commissioner of Education.
261
262	If, in the third instance, the individual enters into a
263	settlement agreement with the Department of Education, that
264	agreement shall also include a penalty revoking that
265	individual's Florida educator's certificate for a minimum of 1
266	year.
267	Section 5. Paragraph (d) is added to subsection (1) of
268	section 1012.796, Florida Statutes, and subsections (6), (7),
269	and (8) of said section are amended, to read:
270	1012.796 Complaints against teachers and administrators;
271	procedure; penalties.--
272	(1)
273	(d) Notwithstanding any other provision of law to the
274	contrary, all law enforcement agencies, state attorneys, social
275	service agencies, and district school boards, and the Division
276	of Administrative Hearings, shall fully cooperate with, and upon
277	request shall provide unredacted documents to, the Department of
278	Education to further investigations and prosecutions conducted
279	as authorized by this section. Any such document may not be
280	redisclosed except as authorized by law.
281	(6) Upon the finding of probable cause, the commissioner
282	shall file a formal complaint and prosecute the complaint
283	pursuant to the provisions of chapter 120, except as provided in
284	s. 1012.561. An administrative law judge shall be assigned by
285	the Division of Administrative Hearings of the Department of
286	Management Services to hear the complaint if there are disputed
287	issues of material fact. The administrative law judge shall make
288	recommendations in accordance with the provisions of subsection
289	(7) to the appropriate Education Practices Commission panel
290	which shall conduct a formal review of such recommendations and
291	other pertinent information and issue a final order. The
292	commission shall consult with its legal counsel prior to
293	issuance of a final order.
294	(7) A panel of the commission shall enter a final order
295	either dismissing the complaint or imposing one or more of the
296	following penalties:
297	(a) Denial of an application for a teaching certificate or
298	for an administrative or supervisory endorsement on a teaching
299	certificate. The denial may provide that the applicant may not
300	reapply for certification, and that the department may refuse to
301	consider that applicant's application, for a specified period of
302	time or permanently.
303	(b) Revocation or suspension of a certificate.
304	(c) Imposition of an administrative fine not to exceed
305	$2,000 for each count or separate offense.
306	(d) Placement of the teacher, administrator, or supervisor
307	on probation for a period of time and subject to such conditions
308	as the commission may specify, including requiring the certified
309	teacher, administrator, or supervisor to complete additional
310	appropriate college courses or work with another certified
311	educator, with the administrative costs of monitoring the
312	probation assessed to the educator placed on probation. At a
313	minimum, an educator who is on probation shall:
314	1. Immediately notify the Bureau of Educator Standards
315	upon his or her employment or termination of employment in the
316	state in any public or private position that requires a Florida
317	educator's certificate.
318	2. Have his or her immediate supervisor submit annual
319	performance reports to the Bureau of Educator Standards.
320	3. Pay to the commission within the first 6 months of each
321	probation year the administrative costs of monitoring probation
322	which have been assessed to him or her.
323	4. Not violate any law, and shall fully comply with all
324	district school board policies, school rules, and State Board of
325	Education rules.
326	5. Satisfactorily perform his or her assigned duties in a
327	competent, professional manner.
328	6. Bear all costs of complying with the terms of a final
329	order entered by the commission.
330	(e) Restriction of the authorized scope of practice of the
331	teacher, administrator, or supervisor.
332	(f) Reprimand of the teacher, administrator, or supervisor
333	in writing, with a copy to be placed in the certification file
334	of such person.
335	(g) Imposition of an administrative sanction, upon a
336	person whose teaching certificate has expired, for an act or
337	acts committed while that person possessed a teaching
338	certificate or an expired certificate subject to late renewal,
339	which sanction bars that person from applying for a new
340	certificate for a period of 10 years or less, or permanently.
341	(h) Referral of the teacher, administrator, or supervisor
342	to the recovery network program provided in s. 1012.798 under
343	such terms and conditions as the commission specifies.
344	(8) Violations of the provisions of a final order
345	probationshall result in an order to show cause issued by the
346	clerk of the Education Practices Commission when requested by
347	the Department of Education. Upon failure of the educator
348	probationer, at the time and place stated in the order, to show
349	cause satisfactorily to the Education Practices Commission why a
350	penalty for violating the provisions of a final orderprobation
351	should not be imposed, the Education Practices Commission shall
352	impose whatever penalty is appropriate as established in s.
353	1012.795(6). Any probation period will be tolled when an order
354	to show cause has been issued until the issue is resolved by the
355	Education Practices Commission.
356	Section 6. Subsections (1) and (3), paragraph (c) of
357	subsection (6), and subsection (10) of section 1012.798, Florida
358	Statutes, are amended to read:
359	1012.798 Recovery network program for educators.--
360	(1) RECOVERY NETWORK ESTABLISHED.--There is created within
361	the Department of Education, a recovery network program to
362	assist educators who are impaired as a result of alcohol abuse,
363	drug abuse, or a mental condition in obtaining treatment to
364	permit their continued contribution to the education profession.
365	Any person who has applied for orholds certification issued by
366	the department pursuant to s. 1012.56 is eligible for the
367	programassistance. The individual may enter the program
368	voluntarily or may be directed to participate through a deferred
369	prosecution agreement with the Commissioner of Education or a
370	final order of the Education Practices Commission pursuant to s.
371	1012.796.
372	(3) PURPOSE.--The recovery network program shall assist
373	educators in obtaining treatment and services from approved
374	treatment providers, but each impaired educator must pay for his
375	or her treatment under terms and conditions agreed upon by the
376	impaired educator and the treatment provider. A person who is
377	admitted to the recovery networkprogram must contract with the
378	treatment provider and the program. The treatment contract must
379	prescribe the type of treatment and the responsibilities of the
380	impaired educator and of the provider and must provide that the
381	impaired educator's progress will be monitored by the recovery
382	networkprogram.
383	(6) PARTICIPATION.--The recovery network program shall
384	operate independently of employee assistance programs operated
385	by local school districts, and the powers and duties of school
386	districts to make employment decisions, including disciplinary
387	decisions, is not affected except as provided in this section:
388	(c) A person who has not previously been under
389	investigation by the departmentmay be enrolled in a treatment
390	program by the recovery network program after an investigation
391	pursuant to s. 1012.796has commenced, if the person:
392	1. Acknowledges his or her impairment.
393	2. Agrees to evaluation, as approved by the recovery
394	network.
395	3. Agrees to enroll in an appropriate treatment program
396	approved by the recovery network.
397	4. Executes releases for all medical and treatment records
398	regarding his or her impairment and participation in a treatment
399	program to the recovery network, pursuant to 42 U.S.C. s. 290dd-
400	3 and the federal regulations adopted thereunder.
401	5. Enters into a deferred prosecution agreement with the
402	commissioner, which provides that no prosecution shall be
403	instituted concerning the matters enumerated in the agreement if
404	the person is properly enrolled in the treatment program and
405	successfully completes the program as certified by the recovery
406	network. The commissioner is under no obligation to enter into a
407	deferred prosecution agreement with the educator but may do so
408	if he or she determines that it is in the best interest of the
409	educational program of the state and the educator:.
410	a.6.Has not previously entered a substance abuse program.
411	b.7.Is not being investigated for any action involving
412	commission of a felony or violent act against another person.
413	c.8.Has not had multiple arrests for minor drug use,
414	possession, or abuse of alcohol.
415	(10) DECLARATION OF INELIGIBILITY.--
416	(a) A person may be declared ineligible for further
417	assistance from the recovery network program if he or she does
418	not progress satisfactorily in a treatment program or leaves a
419	prescribed program or course of treatment without the approval
420	of the treatment provider.
421	(b) The determination of ineligibility must be made by the
422	commissioner in cases referred to him or her bythe program
423	administrator or his or her designee after review of the
424	circumstances of the case. Before referring a case to the
425	commissioner, the administrator must discuss the circumstances
426	with the treatment provider. The commissioner may direct the
427	Office of Professional Practices Services to investigate the
428	case and provide a report.
429	(c) If a treatment throughcontract withthe program is a
430	condition of a deferred prosecution agreement, and the program
431	administratorcommissionerdetermines that the person is
432	ineligible for further assistance, the commissioner may agree to
433	modify the terms and conditions of the deferred prosecution
434	agreement or may issue an administrative complaint, pursuant to
435	s. 1012.796, alleging the charges regarding which prosecution
436	was deferred. The person may dispute the determination as an
437	affirmative defense to the administrative complaint by including
438	with his or her request for hearing on the administrative
439	complaint a written statement setting forth the facts and
440	circumstances that show that the determination of ineligibility
441	was erroneous. If administrative proceedings regarding the
442	administrative complaint, pursuant to ss. 120.569 and 120.57,
443	result in a finding that the determination of ineligibility was
444	erroneous, the person is eligible to participate in the program.
445	If the determination of ineligibility was the only reason for
446	setting aside the deferred prosecution agreement and issuing the
447	administrative complaint and the administrative proceedings
448	result in a finding that the determination was erroneous, the
449	complaint shall be dismissed and the deferred prosecution
450	agreement reinstated without prejudice to the commissioner's
451	right to reissue the administrative complaint for other breaches
452	of the agreement.
453	(d) If a treatment throughcontract withthe program is a
454	condition of a final order of the Education Practices
455	Commission, the program administrator'scommissioner's
456	determination of ineligibility constitutes a finding of probable
457	cause that the person failed to comply with the final order.
458	Pursuant to ss. 1012.795 and 1012.796, upon the request of the
459	Department of Education, the clerk of the Education Practices
460	Commission shall issue to the educator an order to show cause,
461	or the commissioner mayshall issue an administrative complaint,
462	and the case shall proceed under ss. 1012.795 and 1012.796,in
463	the same manner as incases based on a failure to comply with an
464	order of the Education Practices Commission.
465	(e) If the person voluntarily entered into a treatment
466	contract with the program, the program administrator
467	commissionershall issue a written notice stating the reasons
468	for the determination of ineligibility. Within 20 days after the
469	date of such notice, the person may contest the determination of
470	ineligibility pursuant to ss. 120.569 and 120.57.
471	Section 7. Subsection (4) of section 943.0585, Florida
472	Statutes, is amended to read:
473	943.0585 Court-ordered expunction of criminal history
474	records.--The courts of this state have jurisdiction over their
475	own procedures, including the maintenance, expunction, and
476	correction of judicial records containing criminal history
477	information to the extent such procedures are not inconsistent
478	with the conditions, responsibilities, and duties established by
479	this section. Any court of competent jurisdiction may order a
480	criminal justice agency to expunge the criminal history record
481	of a minor or an adult who complies with the requirements of
482	this section. The court shall not order a criminal justice
483	agency to expunge a criminal history record until the person
484	seeking to expunge a criminal history record has applied for and
485	received a certificate of eligibility for expunction pursuant to
486	subsection (2). A criminal history record that relates to a
487	violation of s. 787.025, chapter 794, s. 796.03, s. 800.04, s.
488	817.034, s. 825.1025, s. 827.071, chapter 839, s. 847.0133, s.
489	847.0135, s. 847.0145, s. 893.135, or a violation enumerated in
490	s. 907.041 may not be expunged, without regard to whether
491	adjudication was withheld, if the defendant was found guilty of
492	or pled guilty or nolo contendere to the offense, or if the
493	defendant, as a minor, was found to have committed, or pled
494	guilty or nolo contendere to committing, the offense as a
495	delinquent act. The court may only order expunction of a
496	criminal history record pertaining to one arrest or one incident
497	of alleged criminal activity, except as provided in this
498	section. The court may, at its sole discretion, order the
499	expunction of a criminal history record pertaining to more than
500	one arrest if the additional arrests directly relate to the
501	original arrest. If the court intends to order the expunction of
502	records pertaining to such additional arrests, such intent must
503	be specified in the order. A criminal justice agency may not
504	expunge any record pertaining to such additional arrests if the
505	order to expunge does not articulate the intention of the court
506	to expunge a record pertaining to more than one arrest. This
507	section does not prevent the court from ordering the expunction
508	of only a portion of a criminal history record pertaining to one
509	arrest or one incident of alleged criminal activity.
510	Notwithstanding any law to the contrary, a criminal justice
511	agency may comply with laws, court orders, and official requests
512	of other jurisdictions relating to expunction, correction, or
513	confidential handling of criminal history records or information
514	derived therefrom. This section does not confer any right to the
515	expunction of any criminal history record, and any request for
516	expunction of a criminal history record may be denied at the
517	sole discretion of the court.
518	(4) EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.--Any
519	criminal history record of a minor or an adult which is ordered
520	expunged by a court of competent jurisdiction pursuant to this
521	section must be physically destroyed or obliterated by any
522	criminal justice agency having custody of such record; except
523	that any criminal history record in the custody of the
524	department must be retained in all cases. A criminal history
525	record ordered expunged that is retained by the department is
526	confidential and exempt from the provisions of s. 119.07(1) and
527	s. 24(a), Art. I of the State Constitution and not available to
528	any person or entity except upon order of a court of competent
529	jurisdiction. A criminal justice agency may retain a notation
530	indicating compliance with an order to expunge.
531	(a) The person who is the subject of a criminal history
532	record that is expunged under this section or under other
533	provisions of law, including former s. 893.14, former s. 901.33,
534	and former s. 943.058, may lawfully deny or fail to acknowledge
535	the arrests covered by the expunged record, except when the
536	subject of the record:
537	1. Is a candidate for employment with a criminal justice
538	agency;
539	2. Is a defendant in a criminal prosecution;
540	3. Concurrently or subsequently petitions for relief under
541	this section or s. 943.059;
542	4. Is a candidate for admission to The Florida Bar;
543	5. Is seeking to be employed or licensed by or to contract
544	with the Department of Children and Family Services or the
545	Department of Juvenile Justice or to be employed or used by such
546	contractor or licensee in a sensitive position having direct
547	contact with children, the developmentally disabled, the aged,
548	or the elderly as provided in s. 110.1127(3), s. 393.063(15), s.
549	394.4572(1), s. 397.451, s. 402.302(3), s. 402.313(3), s.
550	409.175(2)(i), s. 415.102(4), s. 985.407, or chapter 400; or
551	6. Is seeking to be employed or licensed by the Office of
552	Teacher Education, Certification, Staff Development, and
553	Professional Practices ofthe Department of Education, any
554	district school board, any university laboratory school, any
555	charter school, any private or parochial school,or any local
556	governmental entity that licenses child care facilities.
557	(b) Subject to the exceptions in paragraph (a), a person
558	who has been granted an expunction under this section, former s.
559	893.14, former s. 901.33, or former s. 943.058 may not be held
560	under any provision of law of this state to commit perjury or to
561	be otherwise liable for giving a false statement by reason of
562	such person's failure to recite or acknowledge an expunged
563	criminal history record.
564	(c) Information relating to the existence of an expunged
565	criminal history record which is provided in accordance with
566	paragraph (a) is confidential and exempt from the provisions of
567	s. 119.07(1) and s. 24(a), Art. I of the State Constitution,
568	except that the department shall disclose the existence of a
569	criminal history record ordered expunged to the entities set
570	forth in subparagraphs (a)1., 4., 5., and 6. for their
571	respective licensing and employment purposes, and to criminal
572	justice agencies for their respective criminal justice purposes.
573	It is unlawful for any employee of an entity set forth in
574	subparagraph (a)1., subparagraph (a)4., subparagraph (a)5., or
575	subparagraph (a)6. to disclose information relating to the
576	existence of an expunged criminal history record of a person
577	seeking employment or licensure with such entity or contractor,
578	except to the person to whom the criminal history record relates
579	or to persons having direct responsibility for employment or
580	licensure decisions. Any person who violates this paragraph
581	commits a misdemeanor of the first degree, punishable as
582	provided in s. 775.082 or s. 775.083.
583	Section 8. Subsection (4) of section 943.059, Florida
584	Statutes, is amended to read:
585	943.059 Court-ordered sealing of criminal history
586	records.--The courts of this state shall continue to have
587	jurisdiction over their own procedures, including the
588	maintenance, sealing, and correction of judicial records
589	containing criminal history information to the extent such
590	procedures are not inconsistent with the conditions,
591	responsibilities, and duties established by this section. Any
592	court of competent jurisdiction may order a criminal justice
593	agency to seal the criminal history record of a minor or an
594	adult who complies with the requirements of this section. The
595	court shall not order a criminal justice agency to seal a
596	criminal history record until the person seeking to seal a
597	criminal history record has applied for and received a
598	certificate of eligibility for sealing pursuant to subsection
599	(2). A criminal history record that relates to a violation of s.
600	787.025, chapter 794, s. 796.03, s. 800.04, s. 817.034, s.
601	825.1025, s. 827.071, chapter 839, s. 847.0133, s. 847.0135, s.
602	847.0145, s. 893.135, or a violation enumerated in s. 907.041
603	may not be sealed, without regard to whether adjudication was
604	withheld, if the defendant was found guilty of or pled guilty or
605	nolo contendere to the offense, or if the defendant, as a minor,
606	was found to have committed or pled guilty or nolo contendere to
607	committing the offense as a delinquent act. The court may only
608	order sealing of a criminal history record pertaining to one
609	arrest or one incident of alleged criminal activity, except as
610	provided in this section. The court may, at its sole discretion,
611	order the sealing of a criminal history record pertaining to
612	more than one arrest if the additional arrests directly relate
613	to the original arrest. If the court intends to order the
614	sealing of records pertaining to such additional arrests, such
615	intent must be specified in the order. A criminal justice agency
616	may not seal any record pertaining to such additional arrests if
617	the order to seal does not articulate the intention of the court
618	to seal records pertaining to more than one arrest. This section
619	does not prevent the court from ordering the sealing of only a
620	portion of a criminal history record pertaining to one arrest or
621	one incident of alleged criminal activity. Notwithstanding any
622	law to the contrary, a criminal justice agency may comply with
623	laws, court orders, and official requests of other jurisdictions
624	relating to sealing, correction, or confidential handling of
625	criminal history records or information derived therefrom. This
626	section does not confer any right to the sealing of any criminal
627	history record, and any request for sealing a criminal history
628	record may be denied at the sole discretion of the court.
629	(4) EFFECT OF CRIMINAL HISTORY RECORD SEALING.--A criminal
630	history record of a minor or an adult which is ordered sealed by
631	a court of competent jurisdiction pursuant to this section is
632	confidential and exempt from the provisions of s. 119.07(1) and
633	s. 24(a), Art. I of the State Constitution and is available only
634	to the person who is the subject of the record, to the subject's
635	attorney, to criminal justice agencies for their respective
636	criminal justice purposes, or to those entities set forth in
637	subparagraphs (a)1., 4., 5., and 6. for their respective
638	licensing and employment purposes.
639	(a) The subject of a criminal history record sealed under
640	this section or under other provisions of law, including former
641	s. 893.14, former s. 901.33, and former s. 943.058, may lawfully
642	deny or fail to acknowledge the arrests covered by the sealed
643	record, except when the subject of the record:
644	1. Is a candidate for employment with a criminal justice
645	agency;
646	2. Is a defendant in a criminal prosecution;
647	3. Concurrently or subsequently petitions for relief under
648	this section or s. 943.0585;
649	4. Is a candidate for admission to The Florida Bar;
650	5. Is seeking to be employed or licensed by or to contract
651	with the Department of Children and Family Services or the
652	Department of Juvenile Justice or to be employed or used by such
653	contractor or licensee in a sensitive position having direct
654	contact with children, the developmentally disabled, the aged,
655	or the elderly as provided in s. 110.1127(3), s. 393.063(15), s.
656	394.4572(1), s. 397.451, s. 402.302(3), s. 402.313(3), s.
657	409.175(2)(i), s. 415.102(4), s. 415.103, s. 985.407, or chapter
658	400; or
659	6. Is seeking to be employed or licensed by the Office of
660	Teacher Education, Certification, Staff Development, and
661	Professional Practices ofthe Department of Education, any
662	district school board, any university laboratory school, any
663	charter school, any private or parochial school,or any local
664	governmental entity thatwhichlicenses child care facilities.
665	(b) Subject to the exceptions in paragraph (a), a person
666	who has been granted a sealing under this section, former s.
667	893.14, former s. 901.33, or former s. 943.058 may not be held
668	under any provision of law of this state to commit perjury or to
669	be otherwise liable for giving a false statement by reason of
670	such person's failure to recite or acknowledge a sealed criminal
671	history record.
672	(c) Information relating to the existence of a sealed
673	criminal record provided in accordance with the provisions of
674	paragraph (a) is confidential and exempt from the provisions of
675	s. 119.07(1) and s. 24(a), Art. I of the State Constitution,
676	except that the department shall disclose the sealed criminal
677	history record to the entities set forth in subparagraphs (a)1.,
678	4., 5., and 6. for their respective licensing and employment
679	purposes. It is unlawful for any employee of an entity set forth
680	in subparagraph (a)1., subparagraph (a)4., subparagraph (a)5.,
681	or subparagraph (a)6. to disclose information relating to the
682	existence of a sealed criminal history record of a person
683	seeking employment or licensure with such entity or contractor,
684	except to the person to whom the criminal history record relates
685	or to persons having direct responsibility for employment or
686	licensure decisions. Any person who violates the provisions of
687	this paragraph commits a misdemeanor of the first degree,
688	punishable as provided in s. 775.082 or s. 775.083.
689	Section 9. This act shall take effect upon becoming a law.