HB 1899 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 certified educators and applicants for
6	certification to provide notification of change of
7	address; authorizing service by regular mail for certain
8	purposes; amending s. 1012.79, F.S.; revising the number
9	of members required for certain panels of the Education
10	Practices Commission; amending s. 1012.795, F.S., relating
11	to the Education Practices Commission's authority to
12	discipline; revising grounds for discipline; providing
13	penalties; amending s. 1012.796, F.S.; requiring certain
14	agencies to provide unredacted documents to the Department
15	of Education for purposes of investigating and prosecuting
16	certified educators; providing requirements for an
17	educator who is on probation; revising penalties that the
18	Education Practices Commission may impose; revising
19	criteria for the use of an order to show cause; amending
20	s. 1012.798, F.S.; revising provisions relating to the
21	recovery network program for educators; amending s.
22	943.0585, F.S.; allowing certain employers of educators to
23	have access to expunged records; amending s. 943.059,
24	F.S.; allowing certain employers of educators to have
25	access to sealed records; providing an effective date.
26
27	Be It Enacted by the Legislature of the State of Florida:
28
29	Section 1. Paragraph (b) of subsection (2) of section
30	1012.56, Florida Statutes, is amended to read:
31	1012.56 Educator certification requirements.--
32	(2) ELIGIBILITY CRITERIA.--To be eligible to seek
33	certification pursuant to this chapter, a person must:
34	(b) File an affidavita written statement, under oath,
35	that the applicant subscribes to and will uphold the principles
36	incorporated in the Constitution of the United States and the
37	Constitution of the State of Florida and that the information
38	provided in the application is true, accurate, and complete. The
39	affidavit shall be in substantially the following form:
40
41	Under penalty of perjury, I, (name of applicant), do hereby
42	certify that I subscribe to and will uphold the principles
43	incorporated in the Constitution of the United States and the
44	Constitution of the State of Florida and that all information
45	provided in this application is true, accurate, and complete.
46
47	Signature or electronic authentication.
48
49	The affidavit shall include substantially the following warning:
50
51	WARNING: GIVING FALSE INFORMATION IN ORDER TO OBTAIN OR RENEW A
52	FLORIDA EDUCATOR’S CERTIFICATE IS A CRIMINAL OFFENSE UNDER
53	FLORIDA LAW. ANYONE GIVING FALSE INFORMATION ON THIS AFFIDAVIT
54	IS SUBJECT TO CRIMINAL PROSECUTION, AS WELL AS DISCIPLINARY
55	ACTION BY THE EDUCATION PRACTICES COMMISSION.
56
57	Section 2. Section 1012.561, Florida Statutes, is created
58	to read:
59	1012.561 Address of record.--
60	(1) Each certified educator is responsible for notifying
61	the Bureau of Educator Certification of a change of address. A
62	certified educator or applicant for certification who is
63	employed by a district school board must notify his or her
64	employing school district of a change of address in writing
65	within 10 days after the change has occurred. The employing
66	district school board must notify the bureau of the change of
67	address, in the manner prescribed by the Department of
68	Education, within 20 days after the district school board
69	receives such notification.
70	(2) Notwithstanding any other provision of law to the
71	contrary, effective January 1, 2004, service by regular mail to
72	a certified educator's or applicant's last known address of
73	record with the bureau constitutes adequate and sufficient
74	notice to the certified educator or applicant of any official
75	communication to the educator or applicant by the Department of
76	Education, the Education Practices Commission, or the Recovery
77	Network for Educators.
78	Section 3. Paragraph (a) of subsection (8) of section
79	1012.79, Florida Statutes, is amended to read:
80	1012.79 Education Practices Commission; organization.--
81	(8)(a) The commission shall, from time to time, designate
82	members of the commission to serve on panels for the purpose of
83	reviewing and issuing final orders upon cases presented to the
84	commission. A case concerning a complaint against a teacher
85	shall be reviewed and a final order thereon shall be entered by
86	a panel composed of fiveseven commission members, threefourof
87	whom shall be teachers. A case concerning a complaint against an
88	administrator shall be reviewed and a final order thereon shall
89	be entered by a panel composed of fiveseven commission members,
90	threefourof whom shall be administrators.
91	Section 4. Section 1012.795, Florida Statutes, is amended
92	to read:
93	1012.795 Education Practices Commission; authority to
94	discipline.--
95	(1) The Education Practices Commission may suspend the
96	educator certificate of any person as defined in s. 1012.01(2)
97	or (3) for a period of time not to exceed 53years, thereby
98	denying that person the privilegeright to teach or otherwise be
99	employed in a public school in any capacity that requires direct
100	contact with studentsfor that period of time, after which the
101	holder may return to teaching as provided in subsection (4); may
102	revoke the educator certificate of any person, thereby denying
103	that person the privilegeright to teach or otherwise be
104	employed in a public school in any capacity that requires direct
105	contact with studentsfor a period of time not to exceed 10
106	years, with reinstatement subject to the provisions of
107	subsection (4); may revoke permanently the educator certificate
108	of any person, thereby denying that person the privilege to
109	teach or otherwise be employed in a public school in any
110	capacity that requires direct contact with students; may suspend
111	the educator certificate, upon order of the court, of any person
112	found to have a delinquent child support obligation; or may
113	impose any other penalty provided by law, ifprovidedit can be
114	shown that the person:
115	(a) Obtained or attempted to obtain antheeducator
116	certificate by fraudulent means.
117	(b) Has proved to be incompetent to teach or to perform
118	duties as an employee of the public school system or to teach in
119	or to operate a private school.
120	(c) Has been guilty of gross immorality or an act
121	involving moral turpitude.
122	(d) Has had an educator certificate sanctioned byrevoked
123	inanother state.
124	(e) Has been convicted of a crime in any jurisdiction
125	misdemeanor, felony, or any other criminal charge, other than a
126	minor traffic violation.
127	(f) Upon investigation, has been found guilty of personal
128	conduct which seriously reduces that person's effectiveness as
129	an employee of the district school board.
130	(g) Has breached a contract, as provided in s. 1012.33(2).
131	(h) Has been the subject of a court order directing the
132	Education Practices Commission to suspend the certificate as a
133	result of a delinquent child support obligation.
134	(i) Has violated the Principles of Professional Conduct
135	for the Education Profession prescribed by State Board of
136	Education rules.
137	(j) Has otherwise violated the provisions of law, the
138	penalty for which is the revocation of the educator certificate.
139	(k) Has violated any order of the Education Practices
140	Commission.
141	(l) Has been the subject of a court order plea in any
142	jurisdiction which requires the certificateholder to surrender
143	or otherwise relinquish his or her educator's certificate. Any
144	surrender or relinquishment constitutes a permanent revocation
145	of the certificate. A person may not surrender or otherwise
146	relinquish his or her certificate prior to a finding of probable
147	cause by the commissioner as provided in s. 1012.796.
148	(2) The plea of guilty in any court, the decision of
149	guilty by any court, the forfeiture by the teaching
150	certificateholder of a bond in any court of law, or the written
151	acknowledgment, duly witnessed, of offenses listed in subsection
152	(1) to the district school superintendent or a duly appointed
153	representative or to the district school board shall be prima
154	facie proof of grounds for revocation of the certificate as
155	listed in subsection (1) in the absence of proof by the
156	certificateholder that the plea of guilty, forfeiture of bond,
157	or admission of guilt was caused by threats, coercion, or
158	fraudulent means.
159	(3) The revocation by the Education Practices Commission
160	of an educator certificate of any person automatically revokes
161	any and all Florida educator certificates held by that person.
162	(4)(a) An educator certificate which has been suspended
163	under this section is automatically reinstated at the end of the
164	suspension period, provided the certificate did not expire
165	during the period of suspension. If the certificate expired
166	during the period of suspension, the holder of the former
167	certificate may secure a new certificate by making application
168	therefor and by meeting the certification requirements of the
169	state board current at the time of the application for the new
170	certificate. An educator certificate suspended pursuant to a
171	court order for a delinquent child support obligation may only
172	be reinstated upon notice from the court that the party has
173	complied with the terms of the court order.
174	(b) A person whose educator certificate has been revoked
175	under this section may apply for a new certificate at the
176	expiration of that period of ineligibility fixed by the
177	Education Practices Commission by making application therefor
178	and by meeting the certification requirements of the state board
179	current at the time of the application for the new certificate.
180	(5) Each district school superintendent and the governing
181	authority of each university lab school, state-supported school,
182	or private school shall report to the department the name of any
183	person certified pursuant to this chapter or employed and
184	qualified pursuant to s. 1012.39:
185	(a) Who has been convicted of, or who has pled nolo
186	contendere to, a misdemeanor, felony, or any other criminal
187	charge, other than a minor traffic infraction;
188	(b) Who that official has reason to believe has committed
189	or is found to have committed any act which would be a ground
190	for revocation or suspension under subsection (1); or
191	(c) Who has been dismissed or severed from employment
192	because of conduct involving any immoral, unnatural, or
193	lascivious act.
194	(6)(a) When an individual violates any provision ofthe
195	provisions of a settlement agreement enforced bya final order
196	of the Education Practices Commission, the Department of
197	Education may request thatan order to show cause may be issued
198	by the clerk of the commission issue an order to show cause. The
199	order shall require the individual to appear before the
200	commission to show cause why further penalties should not be
201	levied against the individual's certificate pursuant to the
202	authority provided to the Education Practices Commission in
203	subsection (1). The Education Practices Commission may fashion
204	further penalties under the authority of subsection (1) as it
205	deemsdeemed appropriate upon consideringwhenthe show cause
206	order is responded to by the individual.
207	(b) The Education Practices Commission shall issue a final
208	order revoking an individual's Florida educator's certificate
209	for a minimum of 1 year if the individual has been the subject
210	of sanctions by the Education Practices Commission on two
211	previous occasions.under the following circumstances:
212	1. If the individual:
213	a. Has been found to have violated the provisions of this
214	section, such that the Education Practices Commission has the
215	authority to discipline the individual's Florida educator's
216	certificate on two separate occasions;
217	b. Has twice entered into a settlement agreement enforced
218	by a final order of the Education Practices Commission; or
219	c. Has been found to have violated the provisions of this
220	section, such that the Education Practices Commission has the
221	authority to discipline the individual's Florida educator's
222	certificate on one occasion and entered into a settlement
223	agreement enforced by a final order of the Education Practices
224	Commission on one occasion; and
225	2. A third finding of probable cause and a finding that
226	the allegations are proven or admitted to is subsequently found
227	by the Commissioner of Education.
228
229	If, in the third instance, the individual enters into a
230	settlement agreement with the Department of Education, that
231	agreement shall also include a penalty revoking that
232	individual's Florida educator's certificate for a minimum of 1
233	year.
234	Section 5. Paragraph (d) is added to subsection (1) of
235	section 1012.796, Florida Statutes, and subsections (6), (7),
236	and (8) of said section are amended, to read:
237	1012.796 Complaints against teachers and administrators;
238	procedure; penalties.--
239	(1)
240	(d) Notwithstanding any other provision of law to the
241	contrary, all law enforcement agencies, state attorneys, social
242	service agencies, and district school boards, and the Division
243	of Administrative Hearings, shall fully cooperate with, and upon
244	request shall provide unredacted documents to, the Department of
245	Education to further investigations and prosecutions conducted
246	as authorized by this section. Any such document may not be
247	redisclosed except as authorized by law.
248	(6) Upon the finding of probable cause, the commissioner
249	shall file a formal complaint and prosecute the complaint
250	pursuant to the provisions of chapter 120, except as provided in
251	s. 1012.561. An administrative law judge shall be assigned by
252	the Division of Administrative Hearings of the Department of
253	Management Services to hear the complaint if there are disputed
254	issues of material fact. The administrative law judge shall make
255	recommendations in accordance with the provisions of subsection
256	(7) to the appropriate Education Practices Commission panel
257	which shall conduct a formal review of such recommendations and
258	other pertinent information and issue a final order. The
259	commission shall consult with its legal counsel prior to
260	issuance of a final order.
261	(7) A panel of the commission shall enter a final order
262	either dismissing the complaint or imposing one or more of the
263	following penalties:
264	(a) Denial of an application for a teaching certificate or
265	for an administrative or supervisory endorsement on a teaching
266	certificate. The denial may provide that the applicant may not
267	reapply for certification, and that the department may refuse to
268	consider that applicant's application, for a specified period of
269	time or permanently.
270	(b) Revocation or suspension of a certificate.
271	(c) Imposition of an administrative fine not to exceed
272	$2,000 for each count or separate offense.
273	(d) Placement of the teacher, administrator, or supervisor
274	on probation for a period of time and subject to such conditions
275	as the commission may specify, including requiring the certified
276	teacher, administrator, or supervisor to complete additional
277	appropriate college courses or work with another certified
278	educator, with the administrative costs of monitoring the
279	probation assessed to the educator placed on probation. At a
280	minimum, an educator who is on probation shall:
281	1. Immediately notify the Bureau of Educator Standards
282	upon his or her employment or termination of employment in the
283	state in any public or private position that requires a Florida
284	educator's certificate.
285	2. Have his or her immediate supervisor submit annual
286	performance reports to the Bureau of Educator Standards.
287	3. Pay to the commission within the first 6 months of each
288	probation year the administrative costs of monitoring probation
289	which have been assessed to him or her.
290	4. Not violate any law, and shall fully comply with all
291	district school board policies, school rules, and State Board of
292	Education rules.
293	5. Satisfactorily perform his or her assigned duties in a
294	competent, professional manner.
295	6. Bear all costs of complying with the terms of a final
296	order entered by the commission.
297	(e) Restriction of the authorized scope of practice of the
298	teacher, administrator, or supervisor.
299	(f) Reprimand of the teacher, administrator, or supervisor
300	in writing, with a copy to be placed in the certification file
301	of such person.
302	(g) Imposition of an administrative sanction, upon a
303	person whose teaching certificate has expired, for an act or
304	acts committed while that person possessed a teaching
305	certificate or an expired certificate subject to late renewal,
306	which sanction bars that person from applying for a new
307	certificate for a period of 10 years or less, or permanently.
308	(h) Referral of the teacher, administrator, or supervisor
309	to the recovery network program provided in s. 1012.798 under
310	such terms and conditions as the commission specifies.
311	(8) Violations of the provisions of a final order
312	probationshall result in an order to show cause issued by the
313	clerk of the Education Practices Commission when requested by
314	the Department of Education. Upon failure of the educator
315	probationer, at the time and place stated in the order, to show
316	cause satisfactorily to the Education Practices Commission why a
317	penalty for violating the provisions of a final orderprobation
318	should not be imposed, the Education Practices Commission shall
319	impose whatever penalty is appropriate as established in s.
320	1012.795(6). Any probation period will be tolled when an order
321	to show cause has been issued until the issue is resolved by the
322	Education Practices Commission.
323	Section 6. Subsections (1) and (3), paragraph (c) of
324	subsection (6), and subsection (10) of section 1012.798, Florida
325	Statutes, are amended to read:
326	1012.798 Recovery network program for educators.--
327	(1) RECOVERY NETWORK ESTABLISHED.--There is created within
328	the Department of Education, a recovery network program to
329	assist educators who are impaired as a result of alcohol abuse,
330	drug abuse, or a mental condition in obtaining treatment to
331	permit their continued contribution to the education profession.
332	Any person who has applied for orholds certification issued by
333	the department pursuant to s. 1012.56 is eligible for the
334	programassistance. The individual may enter the program
335	voluntarily or may be directed to participate through a deferred
336	prosecution agreement with the Commissioner of Education or a
337	final order of the Education Practices Commission pursuant to s.
338	1012.796.
339	(3) PURPOSE.--The recovery network program shall assist
340	educators in obtaining treatment and services from approved
341	treatment providers, but each impaired educator must pay for his
342	or her treatment under terms and conditions agreed upon by the
343	impaired educator and the treatment provider. A person who is
344	admitted to the recovery networkprogram must contract with the
345	treatment provider and the program. The treatment contract must
346	prescribe the type of treatment and the responsibilities of the
347	impaired educator and of the provider and must provide that the
348	impaired educator's progress will be monitored by the recovery
349	networkprogram.
350	(6) PARTICIPATION.--The recovery network program shall
351	operate independently of employee assistance programs operated
352	by local school districts, and the powers and duties of school
353	districts to make employment decisions, including disciplinary
354	decisions, is not affected except as provided in this section:
355	(c) A person who has not previously been under
356	investigation by the departmentmay be enrolled in a treatment
357	program by the recovery network program after an investigation
358	pursuant to s. 1012.796has commenced, if the person:
359	1. Acknowledges his or her impairment.
360	2. Agrees to evaluation, as approved by the recovery
361	network.
362	3. Agrees to enroll in an appropriate treatment program
363	approved by the recovery network.
364	4. Executes releases for all medical and treatment records
365	regarding his or her impairment and participation in a treatment
366	program to the recovery network, pursuant to 42 U.S.C. s. 290dd-
367	3 and the federal regulations adopted thereunder.
368	5. Enters into a deferred prosecution agreement with the
369	commissioner, which provides that no prosecution shall be
370	instituted concerning the matters enumerated in the agreement if
371	the person is properly enrolled in the treatment program and
372	successfully completes the program as certified by the recovery
373	network. The commissioner is under no obligation to enter into a
374	deferred prosecution agreement with the educator but may do so
375	if he or she determines that it is in the best interest of the
376	educational program of the state and the educator:.
377	a.6.Has not previously entered a substance abuse program.
378	b.7.Is not being investigated for any action involving
379	commission of a felony or violent act against another person.
380	c.8.Has not had multiple arrests for minor drug use,
381	possession, or abuse of alcohol.
382	(10) DECLARATION OF INELIGIBILITY.--
383	(a) A person may be declared ineligible for further
384	assistance from the recovery network program if he or she does
385	not progress satisfactorily in a treatment program or leaves a
386	prescribed program or course of treatment without the approval
387	of the treatment provider.
388	(b) The determination of ineligibility must be made by the
389	commissioner in cases referred to him or her bythe program
390	administrator or his or her designee after review of the
391	circumstances of the case. Before referring a case to the
392	commissioner, the administrator must discuss the circumstances
393	with the treatment provider. The commissioner may direct the
394	Office of Professional Practices Services to investigate the
395	case and provide a report.
396	(c) If a treatment throughcontract withthe program is a
397	condition of a deferred prosecution agreement, and the program
398	administratorcommissionerdetermines that the person is
399	ineligible for further assistance, the commissioner may agree to
400	modify the terms and conditions of the deferred prosecution
401	agreement or may issue an administrative complaint, pursuant to
402	s. 1012.796, alleging the charges regarding which prosecution
403	was deferred. The person may dispute the determination as an
404	affirmative defense to the administrative complaint by including
405	with his or her request for hearing on the administrative
406	complaint a written statement setting forth the facts and
407	circumstances that show that the determination of ineligibility
408	was erroneous. If administrative proceedings regarding the
409	administrative complaint, pursuant to ss. 120.569 and 120.57,
410	result in a finding that the determination of ineligibility was
411	erroneous, the person is eligible to participate in the program.
412	If the determination of ineligibility was the only reason for
413	setting aside the deferred prosecution agreement and issuing the
414	administrative complaint and the administrative proceedings
415	result in a finding that the determination was erroneous, the
416	complaint shall be dismissed and the deferred prosecution
417	agreement reinstated without prejudice to the commissioner's
418	right to reissue the administrative complaint for other breaches
419	of the agreement.
420	(d) If a treatment throughcontract withthe program is a
421	condition of a final order of the Education Practices
422	Commission, the program administrator'scommissioner's
423	determination of ineligibility constitutes a finding of probable
424	cause that the person failed to comply with the final order.
425	Pursuant to ss. 1012.795 and 1012.796, upon the request of the
426	Department of Education, the clerk of the Education Practices
427	Commission shall issue to the educator an order to show cause,
428	or the commissioner mayshall issue an administrative complaint,
429	and the case shall proceed under ss. 1012.795 and 1012.796,in
430	the same manner as incases based on a failure to comply with an
431	order of the Education Practices Commission.
432	(e) If the person voluntarily entered into a treatment
433	contract with the program, the program administrator
434	commissionershall issue a written notice stating the reasons
435	for the determination of ineligibility. Within 20 days after the
436	date of such notice, the person may contest the determination of
437	ineligibility pursuant to ss. 120.569 and 120.57.
438	Section 7. Subsection (4) of section 943.0585, Florida
439	Statutes, is amended to read:
440	943.0585 Court-ordered expunction of criminal history
441	records.--The courts of this state have jurisdiction over their
442	own procedures, including the maintenance, expunction, and
443	correction of judicial records containing criminal history
444	information to the extent such procedures are not inconsistent
445	with the conditions, responsibilities, and duties established by
446	this section. Any court of competent jurisdiction may order a
447	criminal justice agency to expunge the criminal history record
448	of a minor or an adult who complies with the requirements of
449	this section. The court shall not order a criminal justice
450	agency to expunge a criminal history record until the person
451	seeking to expunge a criminal history record has applied for and
452	received a certificate of eligibility for expunction pursuant to
453	subsection (2). A criminal history record that relates to a
454	violation of s. 787.025, chapter 794, s. 796.03, s. 800.04, s.
455	817.034, s. 825.1025, s. 827.071, chapter 839, s. 847.0133, s.
456	847.0135, s. 847.0145, s. 893.135, or a violation enumerated in
457	s. 907.041 may not be expunged, without regard to whether
458	adjudication was withheld, if the defendant was found guilty of
459	or pled guilty or nolo contendere to the offense, or if the
460	defendant, as a minor, was found to have committed, or pled
461	guilty or nolo contendere to committing, the offense as a
462	delinquent act. The court may only order expunction of a
463	criminal history record pertaining to one arrest or one incident
464	of alleged criminal activity, except as provided in this
465	section. The court may, at its sole discretion, order the
466	expunction of a criminal history record pertaining to more than
467	one arrest if the additional arrests directly relate to the
468	original arrest. If the court intends to order the expunction of
469	records pertaining to such additional arrests, such intent must
470	be specified in the order. A criminal justice agency may not
471	expunge any record pertaining to such additional arrests if the
472	order to expunge does not articulate the intention of the court
473	to expunge a record pertaining to more than one arrest. This
474	section does not prevent the court from ordering the expunction
475	of only a portion of a criminal history record pertaining to one
476	arrest or one incident of alleged criminal activity.
477	Notwithstanding any law to the contrary, a criminal justice
478	agency may comply with laws, court orders, and official requests
479	of other jurisdictions relating to expunction, correction, or
480	confidential handling of criminal history records or information
481	derived therefrom. This section does not confer any right to the
482	expunction of any criminal history record, and any request for
483	expunction of a criminal history record may be denied at the
484	sole discretion of the court.
485	(4) EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.--Any
486	criminal history record of a minor or an adult which is ordered
487	expunged by a court of competent jurisdiction pursuant to this
488	section must be physically destroyed or obliterated by any
489	criminal justice agency having custody of such record; except
490	that any criminal history record in the custody of the
491	department must be retained in all cases. A criminal history
492	record ordered expunged that is retained by the department is
493	confidential and exempt from the provisions of s. 119.07(1) and
494	s. 24(a), Art. I of the State Constitution and not available to
495	any person or entity except upon order of a court of competent
496	jurisdiction. A criminal justice agency may retain a notation
497	indicating compliance with an order to expunge.
498	(a) The person who is the subject of a criminal history
499	record that is expunged under this section or under other
500	provisions of law, including former s. 893.14, former s. 901.33,
501	and former s. 943.058, may lawfully deny or fail to acknowledge
502	the arrests covered by the expunged record, except when the
503	subject of the record:
504	1. Is a candidate for employment with a criminal justice
505	agency;
506	2. Is a defendant in a criminal prosecution;
507	3. Concurrently or subsequently petitions for relief under
508	this section or s. 943.059;
509	4. Is a candidate for admission to The Florida Bar;
510	5. Is seeking to be employed or licensed by or to contract
511	with the Department of Children and Family Services or the
512	Department of Juvenile Justice or to be employed or used by such
513	contractor or licensee in a sensitive position having direct
514	contact with children, the developmentally disabled, the aged,
515	or the elderly as provided in s. 110.1127(3), s. 393.063(15), s.
516	394.4572(1), s. 397.451, s. 402.302(3), s. 402.313(3), s.
517	409.175(2)(i), s. 415.102(4), s. 985.407, or chapter 400; or
518	6. Is seeking to be employed or licensed by the Office of
519	Teacher Education, Certification, Staff Development, and
520	Professional Practices ofthe Department of Education, any
521	district school board, any university laboratory school, any
522	charter school, any private or parochial school,or any local
523	governmental entity that licenses child care facilities.
524	(b) Subject to the exceptions in paragraph (a), a person
525	who has been granted an expunction under this section, former s.
526	893.14, former s. 901.33, or former s. 943.058 may not be held
527	under any provision of law of this state to commit perjury or to
528	be otherwise liable for giving a false statement by reason of
529	such person's failure to recite or acknowledge an expunged
530	criminal history record.
531	(c) Information relating to the existence of an expunged
532	criminal history record which is provided in accordance with
533	paragraph (a) is confidential and exempt from the provisions of
534	s. 119.07(1) and s. 24(a), Art. I of the State Constitution,
535	except that the department shall disclose the existence of a
536	criminal history record ordered expunged to the entities set
537	forth in subparagraphs (a)1., 4., 5., and 6. for their
538	respective licensing and employment purposes, and to criminal
539	justice agencies for their respective criminal justice purposes.
540	It is unlawful for any employee of an entity set forth in
541	subparagraph (a)1., subparagraph (a)4., subparagraph (a)5., or
542	subparagraph (a)6. to disclose information relating to the
543	existence of an expunged criminal history record of a person
544	seeking employment or licensure with such entity or contractor,
545	except to the person to whom the criminal history record relates
546	or to persons having direct responsibility for employment or
547	licensure decisions. Any person who violates this paragraph
548	commits a misdemeanor of the first degree, punishable as
549	provided in s. 775.082 or s. 775.083.
550	Section 8. Subsection (4) of section 943.059, Florida
551	Statutes, is amended to read:
552	943.059 Court-ordered sealing of criminal history
553	records.--The courts of this state shall continue to have
554	jurisdiction over their own procedures, including the
555	maintenance, sealing, and correction of judicial records
556	containing criminal history information to the extent such
557	procedures are not inconsistent with the conditions,
558	responsibilities, and duties established by this section. Any
559	court of competent jurisdiction may order a criminal justice
560	agency to seal the criminal history record of a minor or an
561	adult who complies with the requirements of this section. The
562	court shall not order a criminal justice agency to seal a
563	criminal history record until the person seeking to seal a
564	criminal history record has applied for and received a
565	certificate of eligibility for sealing pursuant to subsection
566	(2). A criminal history record that relates to a violation of s.
567	787.025, chapter 794, s. 796.03, s. 800.04, s. 817.034, s.
568	825.1025, s. 827.071, chapter 839, s. 847.0133, s. 847.0135, s.
569	847.0145, s. 893.135, or a violation enumerated in s. 907.041
570	may not be sealed, without regard to whether adjudication was
571	withheld, if the defendant was found guilty of or pled guilty or
572	nolo contendere to the offense, or if the defendant, as a minor,
573	was found to have committed or pled guilty or nolo contendere to
574	committing the offense as a delinquent act. The court may only
575	order sealing of a criminal history record pertaining to one
576	arrest or one incident of alleged criminal activity, except as
577	provided in this section. The court may, at its sole discretion,
578	order the sealing of a criminal history record pertaining to
579	more than one arrest if the additional arrests directly relate
580	to the original arrest. If the court intends to order the
581	sealing of records pertaining to such additional arrests, such
582	intent must be specified in the order. A criminal justice agency
583	may not seal any record pertaining to such additional arrests if
584	the order to seal does not articulate the intention of the court
585	to seal records pertaining to more than one arrest. This section
586	does not prevent the court from ordering the sealing of only a
587	portion of a criminal history record pertaining to one arrest or
588	one incident of alleged criminal activity. Notwithstanding any
589	law to the contrary, a criminal justice agency may comply with
590	laws, court orders, and official requests of other jurisdictions
591	relating to sealing, correction, or confidential handling of
592	criminal history records or information derived therefrom. This
593	section does not confer any right to the sealing of any criminal
594	history record, and any request for sealing a criminal history
595	record may be denied at the sole discretion of the court.
596	(4) EFFECT OF CRIMINAL HISTORY RECORD SEALING.--A criminal
597	history record of a minor or an adult which is ordered sealed by
598	a court of competent jurisdiction pursuant to this section is
599	confidential and exempt from the provisions of s. 119.07(1) and
600	s. 24(a), Art. I of the State Constitution and is available only
601	to the person who is the subject of the record, to the subject's
602	attorney, to criminal justice agencies for their respective
603	criminal justice purposes, or to those entities set forth in
604	subparagraphs (a)1., 4., 5., and 6. for their respective
605	licensing and employment purposes.
606	(a) The subject of a criminal history record sealed under
607	this section or under other provisions of law, including former
608	s. 893.14, former s. 901.33, and former s. 943.058, may lawfully
609	deny or fail to acknowledge the arrests covered by the sealed
610	record, except when the subject of the record:
611	1. Is a candidate for employment with a criminal justice
612	agency;
613	2. Is a defendant in a criminal prosecution;
614	3. Concurrently or subsequently petitions for relief under
615	this section or s. 943.0585;
616	4. Is a candidate for admission to The Florida Bar;
617	5. Is seeking to be employed or licensed by or to contract
618	with the Department of Children and Family Services or the
619	Department of Juvenile Justice or to be employed or used by such
620	contractor or licensee in a sensitive position having direct
621	contact with children, the developmentally disabled, the aged,
622	or the elderly as provided in s. 110.1127(3), s. 393.063(15), s.
623	394.4572(1), s. 397.451, s. 402.302(3), s. 402.313(3), s.
624	409.175(2)(i), s. 415.102(4), s. 415.103, s. 985.407, or chapter
625	400; or
626	6. Is seeking to be employed or licensed by the Office of
627	Teacher Education, Certification, Staff Development, and
628	Professional Practices ofthe Department of Education, any
629	district school board, any university laboratory school, any
630	charter school, any private or parochial school,or any local
631	governmental entity thatwhichlicenses child care facilities.
632	(b) Subject to the exceptions in paragraph (a), a person
633	who has been granted a sealing under this section, former s.
634	893.14, former s. 901.33, or former s. 943.058 may not be held
635	under any provision of law of this state to commit perjury or to
636	be otherwise liable for giving a false statement by reason of
637	such person's failure to recite or acknowledge a sealed criminal
638	history record.
639	(c) Information relating to the existence of a sealed
640	criminal record provided in accordance with the provisions of
641	paragraph (a) is confidential and exempt from the provisions of
642	s. 119.07(1) and s. 24(a), Art. I of the State Constitution,
643	except that the department shall disclose the sealed criminal
644	history record to the entities set forth in subparagraphs (a)1.,
645	4., 5., and 6. for their respective licensing and employment
646	purposes. It is unlawful for any employee of an entity set forth
647	in subparagraph (a)1., subparagraph (a)4., subparagraph (a)5.,
648	or subparagraph (a)6. to disclose information relating to the
649	existence of a sealed criminal history record of a person
650	seeking employment or licensure with such entity or contractor,
651	except to the person to whom the criminal history record relates
652	or to persons having direct responsibility for employment or
653	licensure decisions. Any person who violates the provisions of
654	this paragraph commits a misdemeanor of the first degree,
655	punishable as provided in s. 775.082 or s. 775.083.
656	Section 9. This act shall take effect upon becoming a law.