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