Senate Bill sb2006c1

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    Florida Senate - 2003                           CS for SB 2006

    By the Committee on Education; and Senator Clary





    304-2046-03

  1                      A bill to be entitled

  2         An act relating to educator certification and

  3         discipline; amending s. 1012.56, F.S.;

  4         prescribing an affidavit for educator

  5         certification eligibility requirements;

  6         creating s. 1012.561, F.S.; requiring each

  7         certified educator and applicant for

  8         certification as an educator to notify the

  9         Bureau of Educator Certification in writing of

10         his or her current mailing address; providing a

11         penalty for noncompliance; authorizing service

12         by regular mail for certain purposes; amending

13         s. 1012.79, F.S.; amending the number of

14         members required for certain panels of the

15         Education Practices Commission; amending s.

16         1012.795, F.S., relating to the Education

17         Practices Commission's authority to discipline;

18         revising grounds for discipline; providing

19         penalties; amending s. 1012.796, F.S.;

20         requiring certain agencies to provide

21         unredacted documents to the Department of

22         Education for purposes of investigating and

23         prosecuting certified educators and applicants

24         for certification; providing minimum standards

25         that a probationer must meet; revising

26         penalties that the Education Practices

27         Commission may impose; revising criteria for

28         the use of an order to show cause; amending s.

29         1012.798, F.S.; revising provisions relating to

30         the recovery network program for educators;

31         amending s. 943.0585, F.S.; allowing certain

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 1         employers of educators to have access to

 2         expunged records; amending s. 943.059, F.S.;

 3         allowing certain employers of educators to have

 4         access to sealed records; providing an

 5         effective date.

 6  

 7  Be It Enacted by the Legislature of the State of Florida:

 8  

 9         Section 1.  Paragraph (b) of subsection (2) of section

10  1012.56, Florida Statutes, is amended to read:

11         1012.56  Educator certification requirements.--

12         (2)  ELIGIBILITY CRITERIA.--To be eligible to seek

13  certification pursuant to this chapter, a person must:

14         (b)  File an affidavit a written statement, under oath,

15  that the applicant subscribes to and will uphold the

16  principles incorporated in the Constitution of the United

17  States and the Constitution of the State of Florida and that

18  the information provided in the application is true, accurate,

19  and complete. The affidavit shall be in substantially the

20  following form:.

21  

22         Under penalty of perjury, I, ...(name of

23         applicant)..., do hereby certify that I

24         subscribe to and will uphold the principles

25         incorporated in the Constitution of the United

26         States and the Constitution of the State of

27         Florida and that all information provided in

28         this application is true, accurate, and

29         complete.

30  

31         Signature or electronic authentication

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 1  

 2         The affidavit shall include substantially the following

 3  warning:

 4  

 5         WARNING: GIVING FALSE INFORMATION IN ORDER TO

 6         OBTAIN OR RENEW A FLORIDA EDUCATOR'S

 7         CERTIFICATE IS A CRIMINAL OFFENSE UNDER FLORIDA

 8         LAW. ANYONE GIVING FALSE INFORMATION ON THIS

 9         AFFIDAVIT IS SUBJECT TO CRIMINAL PROSECUTION,

10         AS WELL AS DISCIPLINARY ACTION BY THE EDUCATION

11         PRACTICES COMMISSION.

12         Section 2.  Section 1012.561, Florida Statutes, is

13  created to read:

14         1012.561  Address of record.--

15         (1)  Each certified educator or applicant for

16  certification as an educator is solely responsible for

17  notifying the Bureau of Educator Certification in writing of

18  his or her current mailing address and for notifying the

19  bureau of a change of address. A certified educator or

20  applicant for certification who is employed by a district

21  school board must notify his or her employing school district

22  of a change of address within 10 days after the change has

23  occurred. The employing district school board must notify the

24  bureau of the change of address, in the manner prescribed by

25  the Department of Education, within 20 days after the school

26  board receives notification from the certified educator or

27  applicant for certification. A certified educator or applicant

28  for certification who is not employed by a district school

29  board must personally notify the bureau in writing of a change

30  of address within 30 days after the change has occurred. The

31  bureau shall allow electronic notification; however, the

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 1  certified educator or applicant for certification is

 2  responsible for ensuring that the bureau has received the

 3  electronic notification. Failure to notify the bureau of a

 4  change of address constitutes a violation of this section, and

 5  the certified educator or applicant for certification may be

 6  disciplined by the Education Practices Commission as provided

 7  in s. 1012.795 for such a failure.

 8         (2)  Notwithstanding any other provision of law to the

 9  contrary, effective January 1, 2004, service by regular mail

10  to a certified educator's or applicant's last known address of

11  record with the bureau constitutes adequate and sufficient

12  notice to the certified educator or applicant of any official

13  communication to the educator or applicant by the Department

14  of Education, the Education Practices Commission, or the

15  Recovery Network for Educators.

16         Section 3.  Paragraph (a) of subsection (8) of section

17  1012.79, Florida Statutes, is amended to read:

18         1012.79  Education Practices Commission;

19  organization.--

20         (8)(a)  The commission shall, from time to time,

21  designate members of the commission to serve on panels for the

22  purpose of reviewing and issuing final orders upon cases

23  presented to the commission.  A case concerning a complaint

24  against a teacher shall be reviewed and a final order thereon

25  shall be entered by a panel composed of five seven commission

26  members, three four of whom shall be teachers. A case

27  concerning a complaint against an administrator shall be

28  reviewed and a final order thereon shall be entered by a panel

29  composed of five seven commission members, three four of whom

30  shall be administrators.

31  

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 1         Section 4.  Section 1012.795, Florida Statutes, is

 2  amended to read:

 3         1012.795  Education Practices Commission; authority to

 4  discipline.--

 5         (1)  The Education Practices Commission may suspend the

 6  educator certificate of any person as defined in s. 1012.01(2)

 7  or (3) for a period of time not to exceed 5 3 years, thereby

 8  denying that person the privilege right to teach or otherwise

 9  be employed in a public school in any capacity that requires

10  direct contact with students for that period of time, after

11  which the holder may return to teaching as provided in

12  subsection (4); may revoke the educator certificate of any

13  person, thereby denying that person the privilege right to

14  teach or otherwise be employed in a public school in any

15  capacity that requires direct contact with students for a

16  period of time not to exceed 10 years, with reinstatement

17  subject to the provisions of subsection (4); may revoke

18  permanently the educator certificate of any person, thereby

19  denying that person the privilege to teach or otherwise be

20  employed in a public school in any capacity that requires

21  direct contact with students; may suspend the educator

22  certificate, upon order of the court, of any person found to

23  have a delinquent child support obligation; or may impose any

24  other penalty provided by law, if provided it can be shown

25  that the person:

26         (a)  Obtained or attempted to obtain an the educator

27  certificate by fraudulent means.

28         (b)  Has proved to be incompetent to teach or to

29  perform duties as an employee of the public school system or

30  to teach in or to operate a private school.

31  

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 1         (c)  Has been guilty of gross immorality or an act

 2  involving moral turpitude.

 3         (d)  Has had an educator certificate sanctioned by

 4  revoked in another state.

 5         (e)  Has been convicted of a crime in any jurisdiction

 6  misdemeanor, felony, or any other criminal charge, other than

 7  a minor traffic violation. As used in this paragraph, the term

 8  "conviction" means a finding of guilt, a plea of guilty, a

 9  plea of nolo contendere, or entering a pretrial intervention

10  program, whether or not there is a formal adjudication of

11  guilt.

12         (f)  Upon investigation, has been found guilty of

13  personal conduct which seriously reduces that person's

14  effectiveness as an employee of the district school board.

15         (g)  Has breached a contract, as provided in s.

16  1012.33(2).

17         (h)  Has been the subject of a court order directing

18  the Education Practices Commission to suspend the certificate

19  as a result of a delinquent child support obligation.

20         (i)  Has violated the Principles of Professional

21  Conduct for the Education Profession prescribed by State Board

22  of Education rules.

23         (j)  Has otherwise violated the provisions of law, the

24  penalty for which is the revocation of the educator

25  certificate.

26         (k)  Has violated any order of the Education Practices

27  Commission.

28         (l)  Has failed to maintain a current address with the

29  Bureau of Educator Certification as required under s.

30  1012.561.

31  

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 1         (m)  Has been the subject of a court order or plea

 2  agreement in any jurisdiction which requires the

 3  certificateholder to surrender or otherwise relinquish his or

 4  her educator's certificate. Any surrender or relinquishment

 5  constitutes a permanent revocation of the certificate. A

 6  person may not surrender or otherwise relinquish his or her

 7  certificate prior to a finding of probable cause by the

 8  commissioner as provided in s. 1012.796.

 9         (2)  A finding of guilt, a The plea of guilty, or a

10  plea of nolo contendere to any crime in any jurisdiction other

11  than a minor traffic violation, whether or not there is a

12  formal adjudication of guilt; entering a pretrial intervention

13  program concerning any crime in any jurisdiction; in any

14  court, the decision of guilty by any court, the forfeiture by

15  the teaching certificateholder of a bond in any court of law;,

16  or the written acknowledgment, duly witnessed, of offenses

17  listed in subsection (1) to the district school superintendent

18  or a duly appointed representative or to the district school

19  board constitutes shall be prima facie proof of grounds for

20  revocation of the certificate as listed in subsection (1) in

21  the absence of proof by the certificateholder that the plea of

22  guilty, forfeiture of bond, or admission of guilt was caused

23  by threats, coercion, or fraudulent means.

24         (3)  The revocation by the Education Practices

25  Commission of an educator certificate of any person

26  automatically revokes any and all Florida educator

27  certificates held by that person.

28         (4)(a)  An educator certificate which has been

29  suspended under this section is automatically reinstated at

30  the end of the suspension period, provided the certificate did

31  not expire during the period of suspension.  If the

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 1  certificate expired during the period of suspension, the

 2  holder of the former certificate may secure a new certificate

 3  by making application therefor and by meeting the

 4  certification requirements of the state board current at the

 5  time of the application for the new certificate. An educator

 6  certificate suspended pursuant to a court order for a

 7  delinquent child support obligation may only be reinstated

 8  upon notice from the court that the party has complied with

 9  the terms of the court order.

10         (b)  A person whose educator certificate has been

11  revoked under this section may apply for a new certificate at

12  the expiration of that period of ineligibility fixed by the

13  Education Practices Commission by making application therefor

14  and by meeting the certification requirements of the state

15  board current at the time of the application for the new

16  certificate.

17         (5)  Each district school superintendent and the

18  governing authority of each university lab school,

19  state-supported school, or private school shall report to the

20  department the name of any person certified pursuant to this

21  chapter or employed and qualified pursuant to s. 1012.39:

22         (a)  Who has been convicted of a crime in any

23  jurisdiction, other than a minor traffic violation. As used in

24  this paragraph, the term "conviction" means a finding of

25  guilt, a plea of guilty, a plea of nolo contendere, or

26  entering a pretrial intervention program, whether or not there

27  is a formal adjudication of guilt, or who has pled nolo

28  contendere to, a misdemeanor, felony, or any other criminal

29  charge, other than a minor traffic infraction;

30  

31  

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 1         (b)  Who that official has reason to believe has

 2  committed or is found to have committed any act which would be

 3  a ground for revocation or suspension under subsection (1); or

 4         (c)  Who has been dismissed or severed from employment

 5  because of conduct involving any immoral, unnatural, or

 6  lascivious act.

 7         (6)(a)  When an individual violates any provision of

 8  the provisions of a settlement agreement enforced by a final

 9  order of the Education Practices Commission, the Department of

10  Education may request that an order to show cause may be

11  issued by the clerk of the commission issue an order to show

12  cause. The order shall require the individual to appear before

13  the commission to show cause why further penalties should not

14  be levied against the individual's certificate pursuant to the

15  authority provided to the Education Practices Commission in

16  subsection (1). The Education Practices Commission may fashion

17  further penalties under the authority of subsection (1) as it

18  deems deemed appropriate upon considering when the show cause

19  order is responded to by the individual.

20         (b)  The Education Practices Commission shall issue a

21  final order revoking an individual's Florida educator's

22  certificate for a minimum of 1 year if the individual has been

23  the subject of sanctions by the Education Practices Commission

24  on two previous occasions. under the following circumstances:

25         1.  If the individual:

26         a.  Has been found to have violated the provisions of

27  this section, such that the Education Practices Commission has

28  the authority to discipline the individual's Florida

29  educator's certificate on two separate occasions;

30  

31  

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 1         b.  Has twice entered into a settlement agreement

 2  enforced by a final order of the Education Practices

 3  Commission; or

 4         c.  Has been found to have violated the provisions of

 5  this section, such that the Education Practices Commission has

 6  the authority to discipline the individual's Florida

 7  educator's certificate on one occasion and entered into a

 8  settlement agreement enforced by a final order of the

 9  Education Practices Commission on one occasion; and

10         2.  A third finding of probable cause and a finding

11  that the allegations are proven or admitted to is subsequently

12  found by the Commissioner of Education.

13  

14  If, in the third instance, the individual enters into a

15  settlement agreement with the Department of Education, that

16  agreement shall also include a penalty revoking that

17  individual's Florida educator's certificate for a minimum of 1

18  year.

19         Section 5.  Paragraph (d) is added to subsection (1) of

20  section 1012.796, Florida Statutes, and subsections (6), (7),

21  and (8) of that section are amended, to read:

22         1012.796  Complaints against teachers and

23  administrators; procedure; penalties.--

24         (1)

25         (d)  Notwithstanding any other provision of law to the

26  contrary, all law enforcement agencies, state attorneys,

27  social service agencies, and district school boards, and the

28  Division of Administrative Hearings, shall fully cooperate

29  with, and upon request shall provide unredacted documents to,

30  the Department of Education to further investigations and

31  

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 1  prosecutions conducted as authorized by this section. Any such

 2  document may not be redisclosed except as authorized by law.

 3         (6)  Upon the finding of probable cause, the

 4  commissioner shall file a formal complaint and prosecute the

 5  complaint pursuant to the provisions of chapter 120, except as

 6  provided in s. 1012.561. An administrative law judge shall be

 7  assigned by the Division of Administrative Hearings of the

 8  Department of Management Services to hear the complaint if

 9  there are disputed issues of material fact. The administrative

10  law judge shall make recommendations in accordance with the

11  provisions of subsection (7) to the appropriate Education

12  Practices Commission panel which shall conduct a formal review

13  of such recommendations and other pertinent information and

14  issue a final order. The commission shall consult with its

15  legal counsel prior to issuance of a final order.

16         (7)  A panel of the commission shall enter a final

17  order either dismissing the complaint or imposing one or more

18  of the following penalties:

19         (a)  Denial of an application for a teaching

20  certificate or for an administrative or supervisory

21  endorsement on a teaching certificate.  The denial may provide

22  that the applicant may not reapply for certification, and that

23  the department may refuse to consider that applicant's

24  application, for a specified period of time or permanently.

25         (b)  Revocation or suspension of a certificate.

26         (c)  Imposition of an administrative fine not to exceed

27  $2,000 for each count or separate offense.

28         (d)  Placement of the teacher, administrator, or

29  supervisor on probation for a period of time and subject to

30  such conditions as the commission may specify, including

31  requiring the certified teacher, administrator, or supervisor

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 1  to complete additional appropriate college courses or work

 2  with another certified educator, with the administrative costs

 3  of monitoring the probation assessed to the educator placed on

 4  probation. At a minimum, an educator who is on probation

 5  shall:

 6         1.  Immediately notify the Bureau of Educator Standards

 7  upon his or her employment or termination of employment in the

 8  state in any public or private position that requires a

 9  Florida educator's certificate.

10         2.  Have his or her immediate supervisor submit annual

11  performance reports to the Bureau of Educator Standards.

12         3.  Pay to the commission within the first 6 months of

13  each probation year the administrative costs of monitoring

14  probation which have been assessed to him or her.

15         4.  Not violate any law and shall fully comply with all

16  district school board policies, school rules, and State Board

17  of Education rules.

18         5.  Satisfactorily perform his or her assigned duties

19  in a competent, professional manner.

20         6.  Bear all costs of complying with the terms of a

21  final order entered by the commission.

22         (e)  Restriction of the authorized scope of practice of

23  the teacher, administrator, or supervisor.

24         (f)  Reprimand of the teacher, administrator, or

25  supervisor in writing, with a copy to be placed in the

26  certification file of such person.

27         (g)  Imposition of an administrative sanction, upon a

28  person whose teaching certificate has expired, for an act or

29  acts committed while that person possessed a teaching

30  certificate or an expired certificate subject to late renewal,

31  

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 1  which sanction bars that person from applying for a new

 2  certificate for a period of 10 years or less, or permanently.

 3         (h)  Refer the teacher, administrator, or supervisor to

 4  the recovery network program provided in s. 1012.798 under

 5  such terms and conditions as the commission specifies.

 6         (8)  Violations of the provisions of a final order

 7  probation shall result in an order to show cause issued by the

 8  clerk of the Education Practices Commission when requested by

 9  the Department of Education. Upon failure of the educator

10  probationer, at the time and place stated in the order, to

11  show cause satisfactorily to the Education Practices

12  Commission why a penalty for violating the provisions of a

13  final order probation should not be imposed, the Education

14  Practices Commission shall impose whatever penalty is

15  appropriate as established in s. 1012.795(6). Any probation

16  period will be tolled when an order to show cause has been

17  issued until the issue is resolved by the Education Practices

18  Commission.

19         Section 6.  Subsections (1), (3), and (10) and

20  paragraph (c) of subsection (6) of section 1012.798, Florida

21  Statutes, are amended to read:

22         1012.798  Recovery network program for educators.--

23         (1)  RECOVERY NETWORK ESTABLISHED.--There is created

24  within the Department of Education, a recovery network program

25  to assist educators who are impaired as a result of alcohol

26  abuse, drug abuse, or a mental condition in obtaining

27  treatment to permit their continued contribution to the

28  education profession.  Any person who has applied for or holds

29  certification issued by the department pursuant to s. 1012.56

30  is eligible for the program assistance. The individual may

31  enter the program voluntarily or may be directed to

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 1  participate through a deferred prosecution agreement with the

 2  Commissioner of Education or a final order of the Education

 3  Practices Commission pursuant to s. 1012.796.

 4         (3)  PURPOSE.--The recovery network program shall

 5  assist educators in obtaining treatment and services from

 6  approved treatment providers, but each impaired educator must

 7  pay for his or her treatment under terms and conditions agreed

 8  upon by the impaired educator and the treatment provider.  A

 9  person who is admitted to the recovery network program must

10  contract with the treatment provider and the program.  The

11  treatment contract must prescribe the type of treatment and

12  the responsibilities of the impaired educator and of the

13  provider and must provide that the impaired educator's

14  progress will be monitored by the recovery network program.

15         (6)  PARTICIPATION.--The recovery network program shall

16  operate independently of employee assistance programs operated

17  by local school districts, and the powers and duties of school

18  districts to make employment decisions, including disciplinary

19  decisions, is not affected except as provided in this section:

20         (c)  A person who has not previously been under

21  investigation by the department may be enrolled in a treatment

22  program by the recovery network program after an investigation

23  pursuant to s. 1012.796 has commenced, if the person:

24         1.  Acknowledges his or her impairment.

25         2.  Agrees to evaluation, as approved by the recovery

26  network.

27         3.  Agrees to enroll in an appropriate treatment

28  program approved by the recovery network.

29         4.  Executes releases for all medical and treatment

30  records regarding his or her impairment and participation in a

31  treatment program to the recovery network, pursuant to 42

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 1  U.S.C. s. 290dd-3 and the federal regulations adopted

 2  thereunder.

 3         5.  Enters into a deferred prosecution agreement with

 4  the commissioner, which provides that no prosecution shall be

 5  instituted concerning the matters enumerated in the agreement

 6  if the person is properly enrolled in the treatment program

 7  and successfully completes the program as certified by the

 8  recovery network. The commissioner is under no obligation to

 9  enter into a deferred prosecution agreement with the educator

10  but may do so if he or she determines that it is in the best

11  interest of the educational program of the state and the

12  educator:.

13         a.6.  Has not previously entered a substance abuse

14  program.

15         b.7.  Is not being investigated for any action

16  involving commission of a felony or violent act against

17  another person.

18         c.8.  Has not had multiple arrests for minor drug use,

19  possession, or abuse of alcohol.

20         (10)  DECLARATION OF INELIGIBILITY.--

21         (a)  A person may be declared ineligible for further

22  assistance from the recovery network program if he or she does

23  not progress satisfactorily in a treatment program or leaves a

24  prescribed program or course of treatment without the approval

25  of the treatment provider.

26         (b)  The determination of ineligibility must be made by

27  the commissioner in cases referred to him or her by the

28  program administrator or his or her designee after review of

29  the circumstances of the case. Before referring a case to the

30  commissioner, the administrator must discuss the circumstances

31  with the treatment provider.  The commissioner may direct the

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 1  Office of Professional Practices Services to investigate the

 2  case and provide a report.

 3         (c)  If a treatment through contract with the program

 4  is a condition of a deferred prosecution agreement, and the

 5  program administrator commissioner determines that the person

 6  is ineligible for further assistance, the commissioner may

 7  agree to modify the terms and conditions of the deferred

 8  prosecution agreement or may issue an administrative

 9  complaint, pursuant to s. 1012.796, alleging the charges

10  regarding which prosecution was deferred.  The person may

11  dispute the determination as an affirmative defense to the

12  administrative complaint by including with his or her request

13  for hearing on the administrative complaint a written

14  statement setting forth the facts and circumstances that show

15  that the determination of ineligibility was erroneous.  If

16  administrative proceedings regarding the administrative

17  complaint, pursuant to ss. 120.569 and 120.57, result in a

18  finding that the determination of ineligibility was erroneous,

19  the person is eligible to participate in the program. If the

20  determination of ineligibility was the only reason for setting

21  aside the deferred prosecution agreement and issuing the

22  administrative complaint and the administrative proceedings

23  result in a finding that the determination was erroneous, the

24  complaint shall be dismissed and the deferred prosecution

25  agreement reinstated without prejudice to the commissioner's

26  right to reissue the administrative complaint for other

27  breaches of the agreement.

28         (d)  If a treatment through contract with the program

29  is a condition of a final order of the Education Practices

30  Commission, the program administrator's commissioner's

31  determination of ineligibility constitutes a finding of

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 1  probable cause that the person failed to comply with the final

 2  order. Pursuant to ss. 1012.795 and 1012.796, upon the request

 3  of the Department of Education, the clerk of the Education

 4  Practices Commission shall issue to the educator an order to

 5  show cause, or the commissioner may shall issue an

 6  administrative complaint, and the case shall proceed under ss.

 7  1012.795 and 1012.796, in the same manner as in cases based on

 8  a failure to comply with an order of the Education Practices

 9  Commission.

10         (e)  If the person voluntarily entered into a treatment

11  contract with the program, the program administrator

12  commissioner shall issue a written notice stating the reasons

13  for the determination of ineligibility. Within 20 days after

14  the date of such notice, the person may contest the

15  determination of ineligibility pursuant to ss. 120.569 and

16  120.57.

17         Section 7.  Subsection (4) of section 943.0585, Florida

18  Statutes, is amended to read:

19         943.0585  Court-ordered expunction of criminal history

20  records.--The courts of this state have jurisdiction over

21  their own procedures, including the maintenance, expunction,

22  and correction of judicial records containing criminal history

23  information to the extent such procedures are not inconsistent

24  with the conditions, responsibilities, and duties established

25  by this section. Any court of competent jurisdiction may order

26  a criminal justice agency to expunge the criminal history

27  record of a minor or an adult who complies with the

28  requirements of this section. The court shall not order a

29  criminal justice agency to expunge a criminal history record

30  until the person seeking to expunge a criminal history record

31  has applied for and received a certificate of eligibility for

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 1  expunction pursuant to subsection (2). A criminal history

 2  record that relates to a violation of s. 787.025, chapter 794,

 3  s. 796.03, s. 800.04, s. 817.034, s. 825.1025, s. 827.071,

 4  chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s.

 5  893.135, or a violation enumerated in s. 907.041 may not be

 6  expunged, without regard to whether adjudication was withheld,

 7  if the defendant was found guilty of or pled guilty or nolo

 8  contendere to the offense, or if the defendant, as a minor,

 9  was found to have committed, or pled guilty or nolo contendere

10  to committing, the offense as a delinquent act. The court may

11  only order expunction of a criminal history record pertaining

12  to one arrest or one incident of alleged criminal activity,

13  except as provided in this section. The court may, at its sole

14  discretion, order the expunction of a criminal history record

15  pertaining to more than one arrest if the additional arrests

16  directly relate to the original arrest. If the court intends

17  to order the expunction of records pertaining to such

18  additional arrests, such intent must be specified in the

19  order. A criminal justice agency may not expunge any record

20  pertaining to such additional arrests if the order to expunge

21  does not articulate the intention of the court to expunge a

22  record pertaining to more than one arrest. This section does

23  not prevent the court from ordering the expunction of only a

24  portion of a criminal history record pertaining to one arrest

25  or one incident of alleged criminal activity. Notwithstanding

26  any law to the contrary, a criminal justice agency may comply

27  with laws, court orders, and official requests of other

28  jurisdictions relating to expunction, correction, or

29  confidential handling of criminal history records or

30  information derived therefrom. This section does not confer

31  any right to the expunction of any criminal history record,

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 1  and any request for expunction of a criminal history record

 2  may be denied at the sole discretion of the court.

 3         (4)  EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.--Any

 4  criminal history record of a minor or an adult which is

 5  ordered expunged by a court of competent jurisdiction pursuant

 6  to this section must be physically destroyed or obliterated by

 7  any criminal justice agency having custody of such record;

 8  except that any criminal history record in the custody of the

 9  department must be retained in all cases. A criminal history

10  record ordered expunged that is retained by the department is

11  confidential and exempt from the provisions of s. 119.07(1)

12  and s. 24(a), Art. I of the State Constitution and not

13  available to any person or entity except upon order of a court

14  of competent jurisdiction. A criminal justice agency may

15  retain a notation indicating compliance with an order to

16  expunge.

17         (a)  The person who is the subject of a criminal

18  history record that is expunged under this section or under

19  other provisions of law, including former s. 893.14, former s.

20  901.33, and former s. 943.058, may lawfully deny or fail to

21  acknowledge the arrests covered by the expunged record, except

22  when the subject of the record:

23         1.  Is a candidate for employment with a criminal

24  justice agency;

25         2.  Is a defendant in a criminal prosecution;

26         3.  Concurrently or subsequently petitions for relief

27  under this section or s. 943.059;

28         4.  Is a candidate for admission to The Florida Bar;

29         5.  Is seeking to be employed or licensed by or to

30  contract with the Department of Children and Family Services

31  or the Department of Juvenile Justice or to be employed or

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 1  used by such contractor or licensee in a sensitive position

 2  having direct contact with children, the developmentally

 3  disabled, the aged, or the elderly as provided in s.

 4  110.1127(3), s. 393.063(15), s. 394.4572(1), s. 397.451, s.

 5  402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4), s.

 6  985.407, or chapter 400; or

 7         6.  Is seeking to be employed or licensed by the Office

 8  of Teacher Education, Certification, Staff Development, and

 9  Professional Practices of the Department of Education, any

10  district school board, any university laboratory school, any

11  charter school, any private or parochial school, or any local

12  governmental entity that licenses child care facilities.

13         (b)  Subject to the exceptions in paragraph (a), a

14  person who has been granted an expunction under this section,

15  former s. 893.14, former s. 901.33, or former s. 943.058 may

16  not be held under any provision of law of this state to commit

17  perjury or to be otherwise liable for giving a false statement

18  by reason of such person's failure to recite or acknowledge an

19  expunged criminal history record.

20         (c)  Information relating to the existence of an

21  expunged criminal history record which is provided in

22  accordance with paragraph (a) is confidential and exempt from

23  the provisions of s. 119.07(1) and s. 24(a), Art. I of the

24  State Constitution, except that the department shall disclose

25  the existence of a criminal history record ordered expunged to

26  the entities set forth in subparagraphs (a)1., 4., 5., and 6.

27  for their respective licensing and employment purposes, and to

28  criminal justice agencies for their respective criminal

29  justice purposes. It is unlawful for any employee of an entity

30  set forth in subparagraph (a)1., subparagraph (a)4.,

31  subparagraph (a)5., or subparagraph (a)6. to disclose

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 1  information relating to the existence of an expunged criminal

 2  history record of a person seeking employment or licensure

 3  with such entity or contractor, except to the person to whom

 4  the criminal history record relates or to persons having

 5  direct responsibility for employment or licensure decisions.

 6  Any person who violates this paragraph commits a misdemeanor

 7  of the first degree, punishable as provided in s. 775.082 or

 8  s. 775.083.

 9         Section 8.  Subsection (4) of section 943.059, Florida

10  Statutes, is amended to read:

11         943.059  Court-ordered sealing of criminal history

12  records.--The courts of this state shall continue to have

13  jurisdiction over their own procedures, including the

14  maintenance, sealing, and correction of judicial records

15  containing criminal history information to the extent such

16  procedures are not inconsistent with the conditions,

17  responsibilities, and duties established by this section. Any

18  court of competent jurisdiction may order a criminal justice

19  agency to seal the criminal history record of a minor or an

20  adult who complies with the requirements of this section. The

21  court shall not order a criminal justice agency to seal a

22  criminal history record until the person seeking to seal a

23  criminal history record has applied for and received a

24  certificate of eligibility for sealing pursuant to subsection

25  (2). A criminal history record that relates to a violation of

26  s. 787.025, chapter 794, s. 796.03, s. 800.04, s. 817.034, s.

27  825.1025, s. 827.071, chapter 839, s. 847.0133, s. 847.0135,

28  s. 847.0145, s. 893.135, or a violation enumerated in s.

29  907.041 may not be sealed, without regard to whether

30  adjudication was withheld, if the defendant was found guilty

31  of or pled guilty or nolo contendere to the offense, or if the

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 1  defendant, as a minor, was found to have committed or pled

 2  guilty or nolo contendere to committing the offense as a

 3  delinquent act. The court may only order sealing of a criminal

 4  history record pertaining to one arrest or one incident of

 5  alleged criminal activity, except as provided in this section.

 6  The court may, at its sole discretion, order the sealing of a

 7  criminal history record pertaining to more than one arrest if

 8  the additional arrests directly relate to the original arrest.

 9  If the court intends to order the sealing of records

10  pertaining to such additional arrests, such intent must be

11  specified in the order. A criminal justice agency may not seal

12  any record pertaining to such additional arrests if the order

13  to seal does not articulate the intention of the court to seal

14  records pertaining to more than one arrest. This section does

15  not prevent the court from ordering the sealing of only a

16  portion of a criminal history record pertaining to one arrest

17  or one incident of alleged criminal activity. Notwithstanding

18  any law to the contrary, a criminal justice agency may comply

19  with laws, court orders, and official requests of other

20  jurisdictions relating to sealing, correction, or confidential

21  handling of criminal history records or information derived

22  therefrom. This section does not confer any right to the

23  sealing of any criminal history record, and any request for

24  sealing a criminal history record may be denied at the sole

25  discretion of the court.

26         (4)  EFFECT OF CRIMINAL HISTORY RECORD SEALING.--A

27  criminal history record of a minor or an adult which is

28  ordered sealed by a court of competent jurisdiction pursuant

29  to this section is confidential and exempt from the provisions

30  of s. 119.07(1) and s. 24(a), Art. I of the State Constitution

31  and is available only to the person who is the subject of the

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 1  record, to the subject's attorney, to criminal justice

 2  agencies for their respective criminal justice purposes, or to

 3  those entities set forth in subparagraphs (a)1., 4., 5., and

 4  6. for their respective licensing and employment purposes.

 5         (a)  The subject of a criminal history record sealed

 6  under this section or under other provisions of law, including

 7  former s. 893.14, former s. 901.33, and former s. 943.058, may

 8  lawfully deny or fail to acknowledge the arrests covered by

 9  the sealed record, except when the subject of the record:

10         1.  Is a candidate for employment with a criminal

11  justice agency;

12         2.  Is a defendant in a criminal prosecution;

13         3.  Concurrently or subsequently petitions for relief

14  under this section or s. 943.0585;

15         4.  Is a candidate for admission to The Florida Bar;

16         5.  Is seeking to be employed or licensed by or to

17  contract with the Department of Children and Family Services

18  or the Department of Juvenile Justice or to be employed or

19  used by such contractor or licensee in a sensitive position

20  having direct contact with children, the developmentally

21  disabled, the aged, or the elderly as provided in s.

22  110.1127(3), s. 393.063(15), s. 394.4572(1), s. 397.451, s.

23  402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4), s.

24  415.103, s. 985.407, or chapter 400; or

25         6.  Is seeking to be employed or licensed by the Office

26  of Teacher Education, Certification, Staff Development, and

27  Professional Practices of the Department of Education, any

28  district school board, any university laboratory school, any

29  charter school, any private or parochial school, or any local

30  governmental entity that which licenses child care facilities.

31  

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 1         (b)  Subject to the exceptions in paragraph (a), a

 2  person who has been granted a sealing under this section,

 3  former s. 893.14, former s. 901.33, or former s. 943.058 may

 4  not be held under any provision of law of this state to commit

 5  perjury or to be otherwise liable for giving a false statement

 6  by reason of such person's failure to recite or acknowledge a

 7  sealed criminal history record.

 8         (c)  Information relating to the existence of a sealed

 9  criminal record provided in accordance with the provisions of

10  paragraph (a) is confidential and exempt from the provisions

11  of s. 119.07(1) and s. 24(a), Art. I of the State

12  Constitution, except that the department shall disclose the

13  sealed criminal history record to the entities set forth in

14  subparagraphs (a)1., 4., 5., and 6. for their respective

15  licensing and employment purposes. It is unlawful for any

16  employee of an entity set forth in subparagraph (a)1.,

17  subparagraph (a)4., subparagraph (a)5., or subparagraph (a)6.

18  to disclose information relating to the existence of a sealed

19  criminal history record of a person seeking employment or

20  licensure with such entity or contractor, except to the person

21  to whom the criminal history record relates or to persons

22  having direct responsibility for employment or licensure

23  decisions. Any person who violates the provisions of this

24  paragraph commits a misdemeanor of the first degree,

25  punishable as provided in s. 775.082 or s. 775.083.

26         Section 9.  This act shall take effect upon becoming a

27  law.

28  

29  

30  

31  

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 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 2006

 3                                 

 4  Requires a person who seeks educator certification to file an
    affidavit stating that all information in the application for
 5  certification is true, accurate and complete.

 6  

 7  

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