HB 0645

1
A bill to be entitled
2An act relating to the Department of Law Enforcement;
3amending s. 790.065, F.S.; requiring the department to
4review other records in addition to criminal history
5records to evaluate a potential buyer or transferee of a
6firearm, including an adjudication of mental defectiveness
7or a commitment to a mental institution as criteria that
8prohibit a person from purchasing a firearm; providing
9definitions; requiring the department to maintain an
10automated database of persons who are prohibited from
11purchasing a firearm; requiring each clerk of court to
12submit certain court records to the department within a
13certain period; requiring the department to delete certain
14records from the automated database upon the request of an
15individual meeting specified conditions; authorizing the
16department to disclose collected data to other federal or
17state agencies with regard to the sale or transfer of a
18firearm; authorizing the department to disclose certain
19information to the Department of Agriculture and Consumer
20Services for determining the eligibility of an applicant
21for a concealed weapons or concealed firearms license;
22requiring the clerk of court or mental hospital to provide
23additional information upon request following an appeal of
24an unapproved sale or transfer of a firearm; amending s.
25914.25, F.S.; providing for recertification for protective
26services for an additional period, with reimbursement for
27expenses from the Victim and Witness Protection Review
28Committee; providing for unlimited protective services for
29a victim or witness without reimbursement; amending s.
30937.021, F.S.; providing immunity to the department, other
31law enforcement agencies, and media representatives from
32civil liability for complying in good faith with a request
33to record or report information of an Amber Alert or
34Missing Child Alert; providing that a technical or
35clerical error or incorrect or incomplete information does
36not overcome the presumption of good faith in reporting
37information about an Amber Alert or Missing Child Alert;
38providing that it is a discretionary decision of the law
39enforcement agency or its employees to report, record, or
40display Amber Alert or Missing Child Alert information;
41amending s. 938.07, F.S.; requiring that a portion of
42certain court costs imposed for a conviction of driving or
43boating under the influence be deposited into the
44department's Operating Trust Fund instead of the Criminal
45Justice Standards and Training Trust Fund; amending s.
46938.27, F.S.; requiring that investigative costs recovered
47on behalf of the department be deposited into the
48Forfeiture and Investigative Trust Fund of the department;
49amending s. 943.052, F.S.; requiring that disposition
50reports for dispositions relating to minor offenders are
51mandatory after a specified date; amending s. 943.053,
52F.S.; authorizing a criminal justice agency to obtain a
53criminal history background check of a noncertified agency
54employee by submitting fingerprints to the department;
55requiring the department to adopt rules setting a fee for
56conducting the criminal history background search and
57establishing procedures; amending s. 943.0585, F.S.;
58prohibiting a court from expunging a criminal history
59record containing certain sexual offenses or certain
60offenses that require registration as a sexual offender or
61career criminal; requiring a valid certificate of
62eligibility for expunction in a petition to expunge a
63criminal history record; specifying the time during which
64a certificate of eligibility for expunction is valid;
65requiring that a trial may not have occurred in order for
66a person to obtain a statement from the state attorney
67authorizing the expunction of a criminal record;
68authorizing a person who has secured a prior sealing or
69expunction of a criminal history record to seek a
70certificate of eligibility for expunction if the criminal
71history record was previously sealed for a certain number
72of years and is otherwise eligible for expunction;
73amending s. 943.059, F.S.; enumerating certain sexual
74offenses and offenses that require registration as a
75sexual offender or career criminal which may not be
76sealed; requiring a valid certificate of eligibility for
77sealing in a petition to seal a criminal history record;
78specifying the period during which a certificate of
79eligibility for sealing is valid; providing that the
80information contained in a sealed criminal record is
81available to a criminal justice agency for the purpose of
82conducting a criminal history background check for
83approval of a firearms purchase or transfer; prohibiting a
84person from denying arrests covered by his or her sealed
85criminal record when attempting to purchase a firearm;
86amending s. 943.13, F.S.; requiring the department to
87enter the fingerprints of law enforcement or correctional
88officers into a statewide automated fingerprint
89identification system; requiring the department to search
90each arrest fingerprint card received against fingerprints
91retained in the statewide automated fingerprint
92identification system; providing for refingerprinting by a
93certain date; amending ss. 943.1715 and 943.1716, F.S.;
94deleting the minimum number of hours required for basic
95skills training and continued employment training relating
96to diverse populations for law enforcement officers;
97repealing s. 943.2569, F.S., relating to an annual
98financial audit of criminal justice selection centers;
99amending s. 943.257, F.S.; authorizing the Criminal
100Justice Standards and Training Commission and the advisory
101board of a criminal justice selection center to inspect
102and copy any documents from a center in order to carry out
103oversight responsibilities, including documents pertaining
104to any internal or independent audits; amending s.
105943.401, F.S.; requiring the department to investigate all
106public assistance that is provided by the state; requiring
107public assistance recipients to consent in writing to an
108investigation into their employment and financial
109histories by the Agency for Workforce Innovation;
110requiring the department to report the results of the
111investigations to the Agency for Workforce Innovation;
112authorizing the department to purchase goodwill and
113promotional materials; limiting the annual amount of such
114expenditures; prohibiting the unauthorized use of the
115department's emblems and names; providing a penalty;
116providing an effective date.
117
118Be It Enacted by the Legislature of the State of Florida:
119
120     Section 1.  Paragraph (a) of subsection (2) of section
121790.065, Florida Statutes, is amended to read:
122     790.065  Sale and delivery of firearms.--
123     (2)  Upon receipt of a request for a criminal history
124record check, the Department of Law Enforcement shall, during
125the licensee's call or by return call, forthwith:
126     (a)  Review criminal history records and other records that
127have been provided to the department to determine if the
128potential buyer or transferee:
129     1.  Has been convicted of a felony and is prohibited from
130receipt or possession of a firearm pursuant to s. 790.23;
131     2.  Has been convicted of a misdemeanor crime of domestic
132violence, and therefore is prohibited from purchasing a firearm;
133or
134     3.  Has had adjudication of guilt withheld or imposition of
135sentence suspended on any felony or misdemeanor crime of
136domestic violence unless 3 years have elapsed since probation or
137any other conditions set by the court have been fulfilled or
138expunction has occurred; or.
139     4.  Has been adjudicated mentally defective or has been
140committed to a mental institution by a court and as a result is
141prohibited by federal law from purchasing a firearm.
142     a.  As used in this subparagraph, "adjudicated mentally
143defective" means a determination by a court that a person, as a
144result of marked subnormal intelligence, or mental illness,
145incompetency, condition, or disease, is a danger to himself or
146herself or to others or lacks the mental capacity to contract or
147manage his or her own affairs. The phrase shall include a
148judicial finding of incapacity under s. 744.331(6)(a), an
149acquittal by reason of insanity of a person charged with a
150criminal offense, and a judicial finding that a criminal
151defendant is not competent to stand trial.
152     b.  As used in this subparagraph, "committed to a mental
153institution" means involuntary commitment, commitment for mental
154defectiveness or mental illness, and commitment for substance
155abuse. The phrase shall include involuntary inpatient placement
156as defined in s. 394.467, involuntary assessment and
157stabilization under s. 397.6818, and involuntary substance abuse
158treatment under s. 397.6957, but shall not include a person in a
159mental institution for observation or discharged from a mental
160institution based upon the initial review by the physician or a
161voluntary admission to a mental institution.
162     c.  In order to check for these conditions, the department
163shall compile and maintain an automated database of persons who
164are prohibited from purchasing a firearm based on court records
165of adjudications of mental defectiveness or commitments to
166mental institutions. Clerks of court are required to submit
167these records to the department within one month of the
168rendition of the adjudication or commitment. Reports may be
169submitted in an automated format. The reports must, at a
170minimum, include the name, along with any known alias or former
171name, the sex, and the date of birth of the subject. The
172department shall delete any mental health record from the
173database upon request of an individual, when 5 years have
174elapsed since the individual's restoration to capacity by court
175order after being adjudicated an incapacitated person under s.
176744.331, or similar laws of any other state; or, in the case of
177an individual who was previously committed to a mental
178institution under chapter 394, or similar laws of any other
179state, when the individual produces a certificate from a
180licensed psychiatrist that he or she has not suffered from
181disability for at least 5 years prior to the date of request for
182removal of the record. Where the department has received a
183subsequent record of an adjudication of mental defectiveness or
184commitment to a mental institution for such individual, the 5-
185year timeframe would be calculated from the most recent
186adjudication of incapacitation or commitment.
187     d.  The department is authorized to disclose the collected
188data to agencies of the Federal Government and other states for
189use exclusively in determining the lawfulness of a firearm sale
190or transfer. The department is also authorized to disclose any
191applicable collected data to the Department of Agriculture and
192Consumer Services for determination of eligibility for issuance
193of a concealed weapons or concealed firearms license upon
194receipt of an applicant fingerprint submission forwarded
195pursuant to s. 790.06(6)(a). When a potential buyer or
196transferee appeals a nonapproval based on these records, the
197clerks of court and mental institutions shall, upon request by
198the department, provide information to help determine whether
199the potential buyer or transferee is the same person as the
200subject of the record. Photographs and any other data that could
201confirm or negate identity must be made available to the
202department for such purposes, notwithstanding any other
203provision of state law to the contrary. Any such information
204which is made confidential or exempt from disclosure by law
205shall retain such confidential or exempt status when transferred
206to the department.
207     Section 2.  Subsections (4) and (5) of section 914.25,
208Florida Statutes, are amended to read:
209     914.25  Protective services for certain victims and
210witnesses.--
211     (4)(a)  When a victim or witness is certified as provided
212in subsection (3), a law enforcement agency, in consultation
213with the certifying state attorney or the statewide prosecutor,
214may provide appropriate protective services. If a victim or
215witness needs to be temporarily relocated, the statewide
216prosecutor or the state attorney must notify the Department of
217Law Enforcement. The Department of Law Enforcement, in
218consultation with the statewide prosecutor or the state
219attorney, and any other law enforcement agency involved in the
220criminal investigation or prosecution, shall coordinate the
221temporary relocation of the victim or witness.
222     (b)  Protective services, including temporary relocation
223services, may initially be provided for up to 1 year or until
224the risk giving rise to the certification has diminished,
225whichever occurs sooner. If deemed necessary, The statewide
226prosecutor or the state attorney may, at the end of the
227certification year, recertify a victim or witness at risk of
228harm for an additional period of up to 1 year or until the risk
229giving rise to the certification has diminished, whichever
230occurs first. A victim or witness at risk of harm may be
231certified and recertified annually as provided in this section
232to provide a maximum of 4 years of eligibility for protective
233services.
234     (5)  The lead law enforcement agency that provides
235protective services, as authorized in this section, may seek
236reimbursement for its reasonable expenses from the Victim and
237Witness Protection Review Committee, pursuant to the provisions
238of s. 943.031. This section does not prevent any law enforcement
239agency from providing protective services at the agency's
240expense beyond the 4-year maximum period established in this
241section. Any such additional expenditures for protective
242services are not eligible for the reimbursement provided in this
243section.
244     Section 3.  Subsection (3) is added to section 937.021,
245Florida Statutes, to read:
246     937.021  Missing child reports.--
247     (3)(a)  Upon receiving a request to record, report,
248transmit, display, or release Amber Alert or Missing Child Alert
249information from the law enforcement agency having jurisdiction
250over the missing or endangered child, the Department of Law
251Enforcement as the state Amber Alert coordinator; any state or
252local law enforcement agency and the personnel of these
253agencies; any radio or television network, broadcaster, or other
254media representative; or any agency, employee, individual, or
255entity is immune from civil liability for damages for complying
256in good faith with the request, and is presumed to have acted in
257good faith in recording, reporting, transmitting, displaying, or
258releasing Amber Alert or Missing Child Alert information
259pertaining to such child.
260     (b)  The presumption of good faith is not overcome if a
261technical or clerical error is made by any such agency,
262employee, individual, or entity acting at the request of the
263local law enforcement agency having jurisdiction, or if the
264Amber Alert or Missing Child Alert information is incomplete or
265incorrect because the information received from the local law
266enforcement agency was incomplete or incorrect.
267     (c)  This subsection or any other provision of law does not
268create a duty of the agency, employee, individual, or entity to
269record, report, transmit, display, or release the Amber Alert or
270Missing Child Alert information received from the local law
271enforcement agency having jurisdiction. The decision to record,
272report, transmit, display, or release information is
273discretionary with the agency, employee, individual, or entity
274receiving that information from the local law enforcement agency
275having jurisdiction.
276     Section 4.  Section 938.07, Florida Statutes, is amended to
277read:
278     938.07  Driving or boating under the
279influence.--Notwithstanding any other provision of s. 316.193 or
280s. 327.35, a court cost of $135 shall be added to any fine
281imposed pursuant to s. 316.193 or s. 327.35. The clerks shall
282remit the funds to the Department of Revenue, $25 of which shall
283be deposited in the Emergency Medical Services Trust Fund, $50
284shall be deposited in the Operating Criminal Justice Standards
285and Training Trust Fund of the Department of Law Enforcement to
286be used for operational expenses in conducting the statewide
287criminal analysis laboratory system established in s. 943.32,
288and $60 shall be deposited in the Brain and Spinal Cord Injury
289Rehabilitation Trust Fund created in s. 381.79.
290     Section 5.  Subsection (7) of section 938.27, Florida
291Statutes, is amended to read:
292     938.27  Judgment for costs on conviction.--
293     (7)  Investigative costs that which are recovered shall be
294returned to the appropriate investigative agency that which
295incurred the expense. Such costs shall include actual expenses
296incurred in conducting the investigation and prosecution of the
297criminal case; however, costs may also include the salaries of
298permanent employees. Any investigative costs recovered on behalf
299of a state agency must be remitted to the Department of Revenue
300for deposit in the agency operating trust fund, and a report of
301the payment must be sent to the agency, except that any
302investigative costs recovered on behalf of the Department of Law
303Enforcement shall be deposited in the department's Forfeiture
304and Investigative Support Trust Fund under s. 943.362.
305     Section 6.  Subsection (2) of section 943.052, Florida
306Statutes, is amended to read:
307     943.052  Disposition reporting.--The Criminal Justice
308Information Program shall, by rule, establish procedures and a
309format for each criminal justice agency to monitor its records
310and submit reports, as provided by this section, to the program.
311 The disposition report shall be developed by the program and
312shall include the offender-based transaction system number.
313     (2)  Each clerk of the court shall submit the uniform
314dispositions to the program or in a manner acceptable to the
315program. The report shall be submitted at least once a month
316and, when acceptable by the program, may be submitted in an
317automated format. The disposition report is mandatory for
318dispositions relating to adult offenders only. Beginning July 1,
3192008, a disposition report for each disposition relating to a
320minor offender is mandatory.
321     Section 7.  Subsection (10) is added to section 943.053,
322Florida Statutes, to read:
323     943.053  Dissemination of criminal justice information;
324fees.--
325     (10)  A criminal justice agency that is authorized under
326federal rules or law to conduct a criminal history background
327check on an agency employee who is not certified by the Criminal
328Justice Standards and Training Commission under s. 943.12 may
329submit to the department the fingerprints of the noncertified
330employee to obtain state and national criminal history
331information. The fingerprints submitted shall be retained and
332entered in the statewide automated fingerprint identification
333system authorized by s. 943.05 and shall be available for all
334purposes and uses authorized for arrest fingerprint cards
335entered in the statewide automated fingerprint identification
336system pursuant to s. 943.051. The department shall search all
337arrest fingerprint cards received pursuant to s. 943.051 against
338the fingerprints retained in the statewide automated fingerprint
339identification system pursuant to this section. In addition to
340all purposes and uses authorized for arrest fingerprint cards
341for which submitted fingerprints may be used, any arrest record
342that is identified with the retained employee fingerprints must
343be reported to the submitting employing agency. The department
344shall adopt rules setting the amount of the fee to be imposed
345upon each submitting agency for performing a search, which may
346not exceed the actual cost of performing the search, and for
347establishing procedures for retaining the fingerprints and
348disseminating search results to a submitting agency.
349     Section 8.  Section 943.0585, Florida Statutes, is amended
350to read:
351     943.0585  Court-ordered expunction of criminal history
352records.--The courts of this state have jurisdiction over their
353own procedures, including the maintenance, expunction, and
354correction of judicial records containing criminal history
355information to the extent such procedures are not inconsistent
356with the conditions, responsibilities, and duties established by
357this section. Any court of competent jurisdiction may order a
358criminal justice agency to expunge the criminal history record
359of a minor or an adult who complies with the requirements of
360this section. The court shall not order a criminal justice
361agency to expunge a criminal history record until the person
362seeking to expunge a criminal history record has applied for and
363received a certificate of eligibility for expunction pursuant to
364subsection (2). A criminal history record that relates to a
365violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794,
366s. 796.03, s. 800.04, s. 810.14, s. 817.034, s. 825.1025, s.
367827.071, chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s.
368893.135, s. 916.1075, or a violation enumerated in s. 907.041,
369or any violation specified as a predicate offense for
370registration as a sexual predator pursuant to s. 775.21, as a
371sexual offender pursuant to s. 943.0435, or as a career offender
372pursuant to s. 775.26, may not be expunged, without regard to
373whether adjudication was withheld, if the defendant was found
374guilty of or pled guilty or nolo contendere to the offense, or
375if the defendant, as a minor, was found to have committed, or
376pled guilty or nolo contendere to committing, the offense as a
377delinquent act. The court may only order expunction of a
378criminal history record pertaining to one arrest or one incident
379of alleged criminal activity, except as provided in this
380section. The court may, at its sole discretion, order the
381expunction of a criminal history record pertaining to more than
382one arrest if the additional arrests directly relate to the
383original arrest. If the court intends to order the expunction of
384records pertaining to such additional arrests, such intent must
385be specified in the order. A criminal justice agency may not
386expunge any record pertaining to such additional arrests if the
387order to expunge does not articulate the intention of the court
388to expunge a record pertaining to more than one arrest. This
389section does not prevent the court from ordering the expunction
390of only a portion of a criminal history record pertaining to one
391arrest or one incident of alleged criminal activity.
392Notwithstanding any law to the contrary, a criminal justice
393agency may comply with laws, court orders, and official requests
394of other jurisdictions relating to expunction, correction, or
395confidential handling of criminal history records or information
396derived therefrom. This section does not confer any right to the
397expunction of any criminal history record, and any request for
398expunction of a criminal history record may be denied at the
399sole discretion of the court.
400     (1)  PETITION TO EXPUNGE A CRIMINAL HISTORY RECORD.--Each
401petition to a court to expunge a criminal history record is
402complete only when accompanied by:
403     (a)  A valid certificate of eligibility for expunction
404issued by the department pursuant to subsection (2).
405     (b)  The petitioner's sworn statement attesting that the
406petitioner:
407     1.  Has never, prior to the date on which the petition is
408filed, been adjudicated guilty of a criminal offense or
409comparable ordinance violation, or been adjudicated delinquent
410for committing any a felony or a misdemeanor specified in s.
411943.051(3)(b).
412     2.  Has not been adjudicated guilty of, or adjudicated
413delinquent for committing, any of the acts stemming from the
414arrest or alleged criminal activity to which the petition
415pertains.
416     3.  Has never secured a prior sealing or expunction of a
417criminal history record under this section, former s. 893.14,
418former s. 901.33, or former s. 943.058, or from any jurisdiction
419outside the state.
420     4.  Is eligible for such an expunction to the best of his
421or her knowledge or belief and does not have any other petition
422to expunge or any petition to seal pending before any court.
423
424Any person who knowingly provides false information on such
425sworn statement to the court commits a felony of the third
426degree, punishable as provided in s. 775.082, s. 775.083, or s.
427775.084.
428     (2)  CERTIFICATE OF ELIGIBILITY FOR EXPUNCTION.--Prior to
429petitioning the court to expunge a criminal history record, a
430person seeking to expunge a criminal history record shall apply
431to the department for a certificate of eligibility for
432expunction. The department shall, by rule adopted pursuant to
433chapter 120, establish procedures pertaining to the application
434for and issuance of certificates of eligibility for expunction.
435A certificate of eligibility for expunction is valid for 12
436months after the date stamped on the certificate when issued by
437the Department of Law Enforcement. After that time, the
438petitioner must reapply to the department for a new certificate
439of eligibility. Eligibility for a renewed certification of
440eligibility must be based on the status of the applicant and the
441law in effect at the time of the most recent application. The
442department shall issue a certificate of eligibility for
443expunction to a person who is the subject of a criminal history
444record if that person:
445     (a)  Has obtained, and submitted to the department, a
446written, certified statement from the appropriate state attorney
447or statewide prosecutor which indicates:
448     1.  That an indictment, information, or other charging
449document was not filed or issued in the case.
450     2.  That an indictment, information, or other charging
451document, if filed or issued in the case, was dismissed or nolle
452prosequi by the state attorney or statewide prosecutor, or was
453dismissed by a court of competent jurisdiction, and that none of
454the charges related to the arrest or alleged criminal activity
455to which the petition to expunge pertains resulted in a trial,
456without regard to whether the outcome of the trial was other
457than an adjudication of guilt.
458     3.  That the criminal history record does not relate to a
459violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794,
460s. 796.03, s. 800.04, s. 810.14, s. 817.034, s. 825.1025, s.
461827.071, chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s.
462893.135, s. 916.1075, or a violation enumerated in s. 907.041,
463or any violation specified as a predicate offense for
464registration as a sexual predator pursuant to s. 775.21, as a
465sexual offender pursuant to s. 943.0435, or as a career offender
466pursuant to s. 775.26, where the defendant was found guilty of,
467or pled guilty or nolo contendere to any such offense, or that
468the defendant, as a minor, was found to have committed, or pled
469guilty or nolo contendere to committing, such an offense as a
470delinquent act, without regard to whether adjudication was
471withheld.
472     (b)  Remits a $75 processing fee to the department for
473placement in the Department of Law Enforcement Operating Trust
474Fund, unless such fee is waived by the executive director.
475     (c)  Has submitted to the department a certified copy of
476the disposition of the charge to which the petition to expunge
477pertains.
478     (d)  Has never, prior to the date on which the application
479for a certificate of eligibility is filed, been adjudicated
480guilty of a criminal offense or comparable ordinance violation,
481or been adjudicated delinquent for committing any a felony or a
482misdemeanor specified in s. 943.051(3)(b).
483     (e)  Has not been adjudicated guilty of, or adjudicated
484delinquent for committing, any of the acts stemming from the
485arrest or alleged criminal activity to which the petition to
486expunge pertains.
487     (f)  Has never secured a prior sealing or expunction of a
488criminal history record under this section, former s. 893.14,
489former s. 901.33, or former s. 943.058, unless expunction is
490sought of a criminal history record previously sealed for 10
491years pursuant to paragraph (h) and the record is otherwise
492eligible for expunction.
493     (g)  Is no longer under court supervision applicable to the
494disposition of the arrest or alleged criminal activity to which
495the petition to expunge pertains.
496     (h)  Has previously obtained a court order sealing the
497record under this section, former s. 893.14, former s. 901.33,
498or former s. 943.058 for a minimum of 10 years because
499adjudication was withheld or because all charges related to the
500arrest or alleged criminal activity to which the petition to
501expunge pertains were not dismissed prior to trial, without
502regard to whether the outcome of the trial was other than an
503adjudication of guilt. The requirement for the record to have
504previously been sealed for a minimum of 10 years does not apply
505when a plea was not entered or all charges related to the arrest
506or alleged criminal activity to which the petition to expunge
507pertains were dismissed prior to trial. Is not required to wait
508a minimum of 10 years prior to being eligible for an expunction
509of such records because all charges related to the arrest or
510criminal activity to which the petition to expunge pertains were
511dismissed prior to trial, adjudication, or the withholding of
512adjudication. Otherwise, such criminal history record must be
513sealed under this section, former s. 893.14, former s. 901.33,
514or former s. 943.058 for at least 10 years before such record is
515eligible for expunction.
516     (3)  PROCESSING OF A PETITION OR ORDER TO EXPUNGE.--
517     (a)  In judicial proceedings under this section, a copy of
518the completed petition to expunge shall be served upon the
519appropriate state attorney or the statewide prosecutor and upon
520the arresting agency; however, it is not necessary to make any
521agency other than the state a party. The appropriate state
522attorney or the statewide prosecutor and the arresting agency
523may respond to the court regarding the completed petition to
524expunge.
525     (b)  If relief is granted by the court, the clerk of the
526court shall certify copies of the order to the appropriate state
527attorney or the statewide prosecutor and the arresting agency.
528The arresting agency is responsible for forwarding the order to
529any other agency to which the arresting agency disseminated the
530criminal history record information to which the order pertains.
531The department shall forward the order to expunge to the Federal
532Bureau of Investigation. The clerk of the court shall certify a
533copy of the order to any other agency which the records of the
534court reflect has received the criminal history record from the
535court.
536     (c)  For an order to expunge entered by a court prior to
537July 1, 1992, the department shall notify the appropriate state
538attorney or statewide prosecutor of an order to expunge which is
539contrary to law because the person who is the subject of the
540record has previously been convicted of a crime or comparable
541ordinance violation or has had a prior criminal history record
542sealed or expunged. Upon receipt of such notice, the appropriate
543state attorney or statewide prosecutor shall take action, within
54460 days, to correct the record and petition the court to void
545the order to expunge. The department shall seal the record until
546such time as the order is voided by the court.
547     (d)  On or after July 1, 1992, the department or any other
548criminal justice agency is not required to act on an order to
549expunge entered by a court when such order does not comply with
550the requirements of this section. Upon receipt of such an order,
551the department must notify the issuing court, the appropriate
552state attorney or statewide prosecutor, the petitioner or the
553petitioner's attorney, and the arresting agency of the reason
554for noncompliance. The appropriate state attorney or statewide
555prosecutor shall take action within 60 days to correct the
556record and petition the court to void the order. No cause of
557action, including contempt of court, shall arise against any
558criminal justice agency for failure to comply with an order to
559expunge when the petitioner for such order failed to obtain the
560certificate of eligibility as required by this section or such
561order does not otherwise comply with the requirements of this
562section.
563     (4)  EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.--Any
564criminal history record of a minor or an adult which is ordered
565expunged by a court of competent jurisdiction pursuant to this
566section must be physically destroyed or obliterated by any
567criminal justice agency having custody of such record; except
568that any criminal history record in the custody of the
569department must be retained in all cases. A criminal history
570record ordered expunged that is retained by the department is
571confidential and exempt from the provisions of s. 119.07(1) and
572s. 24(a), Art. I of the State Constitution and not available to
573any person or entity except upon order of a court of competent
574jurisdiction. A criminal justice agency may retain a notation
575indicating compliance with an order to expunge.
576     (a)  The person who is the subject of a criminal history
577record that is expunged under this section or under other
578provisions of law, including former s. 893.14, former s. 901.33,
579and former s. 943.058, may lawfully deny or fail to acknowledge
580the arrests covered by the expunged record, except when the
581subject of the record:
582     1.  Is a candidate for employment with a criminal justice
583agency;
584     2.  Is a defendant in a criminal prosecution;
585     3.  Concurrently or subsequently petitions for relief under
586this section or s. 943.059;
587     4.  Is a candidate for admission to The Florida Bar;
588     5.  Is seeking to be employed or licensed by or to contract
589with the Department of Children and Family Services or the
590Department of Juvenile Justice or to be employed or used by such
591contractor or licensee in a sensitive position having direct
592contact with children, the developmentally disabled, the aged,
593or the elderly as provided in s. 110.1127(3), s. 393.063, s.
594394.4572(1), s. 397.451, s. 402.302(3), s. 402.313(3), s.
595409.175(2)(i), s. 415.102(4), s. 916.106(10) and (13), s.
596985.407, or chapter 400; or
597     6.  Is seeking to be employed or licensed by the Department
598of Education, any district school board, any university
599laboratory school, any charter school, any private or parochial
600school, or any local governmental entity that licenses child
601care facilities.
602     (b)  Subject to the exceptions in paragraph (a), a person
603who has been granted an expunction under this section, former s.
604893.14, former s. 901.33, or former s. 943.058 may not be held
605under any provision of law of this state to commit perjury or to
606be otherwise liable for giving a false statement by reason of
607such person's failure to recite or acknowledge an expunged
608criminal history record.
609     (c)  Information relating to the existence of an expunged
610criminal history record which is provided in accordance with
611paragraph (a) is confidential and exempt from the provisions of
612s. 119.07(1) and s. 24(a), Art. I of the State Constitution,
613except that the department shall disclose the existence of a
614criminal history record ordered expunged to the entities set
615forth in subparagraphs (a)1., 4., 5., and 6. for their
616respective licensing and employment purposes, and to criminal
617justice agencies for their respective criminal justice purposes.
618It is unlawful for any employee of an entity set forth in
619subparagraph (a)1., subparagraph (a)4., subparagraph (a)5., or
620subparagraph (a)6. to disclose information relating to the
621existence of an expunged criminal history record of a person
622seeking employment or licensure with such entity or contractor,
623except to the person to whom the criminal history record relates
624or to persons having direct responsibility for employment or
625licensure decisions. Any person who violates this paragraph
626commits a misdemeanor of the first degree, punishable as
627provided in s. 775.082 or s. 775.083.
628     (5)  STATUTORY REFERENCES.--Any reference to any other
629chapter, section, or subdivision of the Florida Statutes in this
630section constitutes a general reference under the doctrine of
631incorporation by reference.
632     Section 9.  Section 943.059, Florida Statutes, is amended
633to read:
634     943.059  Court-ordered sealing of criminal history
635records.--The courts of this state shall continue to have
636jurisdiction over their own procedures, including the
637maintenance, sealing, and correction of judicial records
638containing criminal history information to the extent such
639procedures are not inconsistent with the conditions,
640responsibilities, and duties established by this section. Any
641court of competent jurisdiction may order a criminal justice
642agency to seal the criminal history record of a minor or an
643adult who complies with the requirements of this section. The
644court shall not order a criminal justice agency to seal a
645criminal history record until the person seeking to seal a
646criminal history record has applied for and received a
647certificate of eligibility for sealing pursuant to subsection
648(2). A criminal history record that relates to a violation of s.
649393.135, s. 394.4593, s. 787.025, chapter 794, s. 796.03, s.
650800.04, s. 810.14, s. 817.034, s. 825.1025, s. 827.071, chapter
651839, s. 847.0133, s. 847.0135, s. 847.0145, s. 893.135, s.
652916.1075, or a violation enumerated in s. 907.041, or any
653violation specified as a predicate offense for registration as a
654sexual predator pursuant to s. 775.21, as a sexual offender
655pursuant to s. 943.0435, or as a career offender pursuant to s.
656775.26 may not be sealed, without regard to whether adjudication
657was withheld, if the defendant was found guilty of or pled
658guilty or nolo contendere to the offense, or if the defendant,
659as a minor, was found to have committed or pled guilty or nolo
660contendere to committing the offense as a delinquent act. The
661court may only order sealing of a criminal history record
662pertaining to one arrest or one incident of alleged criminal
663activity, except as provided in this section. The court may, at
664its sole discretion, order the sealing of a criminal history
665record pertaining to more than one arrest if the additional
666arrests directly relate to the original arrest. If the court
667intends to order the sealing of records pertaining to such
668additional arrests, such intent must be specified in the order.
669A criminal justice agency may not seal any record pertaining to
670such additional arrests if the order to seal does not articulate
671the intention of the court to seal records pertaining to more
672than one arrest. This section does not prevent the court from
673ordering the sealing of only a portion of a criminal history
674record pertaining to one arrest or one incident of alleged
675criminal activity. Notwithstanding any law to the contrary, a
676criminal justice agency may comply with laws, court orders, and
677official requests of other jurisdictions relating to sealing,
678correction, or confidential handling of criminal history records
679or information derived therefrom. This section does not confer
680any right to the sealing of any criminal history record, and any
681request for sealing a criminal history record may be denied at
682the sole discretion of the court.
683     (1)  PETITION TO SEAL A CRIMINAL HISTORY RECORD.--Each
684petition to a court to seal a criminal history record is
685complete only when accompanied by:
686     (a)  A valid certificate of eligibility for sealing issued
687by the department pursuant to subsection (2).
688     (b)  The petitioner's sworn statement attesting that the
689petitioner:
690     1.  Has never, prior to the date on which the petition is
691filed, been adjudicated guilty of a criminal offense or
692comparable ordinance violation, or been adjudicated delinquent
693for committing any a felony or a misdemeanor specified in s.
694943.051(3)(b).
695     2.  Has not been adjudicated guilty of or adjudicated
696delinquent for committing any of the acts stemming from the
697arrest or alleged criminal activity to which the petition to
698seal pertains.
699     3.  Has never secured a prior sealing or expunction of a
700criminal history record under this section, former s. 893.14,
701former s. 901.33, former s. 943.058, or from any jurisdiction
702outside the state.
703     4.  Is eligible for such a sealing to the best of his or
704her knowledge or belief and does not have any other petition to
705seal or any petition to expunge pending before any court.
706
707Any person who knowingly provides false information on such
708sworn statement to the court commits a felony of the third
709degree, punishable as provided in s. 775.082, s. 775.083, or s.
710775.084.
711     (2)  CERTIFICATE OF ELIGIBILITY FOR SEALING.--Prior to
712petitioning the court to seal a criminal history record, a
713person seeking to seal a criminal history record shall apply to
714the department for a certificate of eligibility for sealing. The
715department shall, by rule adopted pursuant to chapter 120,
716establish procedures pertaining to the application for and
717issuance of certificates of eligibility for sealing. A
718certificate of eligibility for sealing is valid for 12 months
719after the date stamped on the certificate when issued by the
720Department of Law Enforcement. After that time, the petitioner
721must reapply to the department for a new certificate of
722eligibility. Eligibility for a renewed certification of
723eligibility must be based on the status of the applicant and the
724law in effect at the time of the most recent application. The
725department shall issue a certificate of eligibility for sealing
726to a person who is the subject of a criminal history record
727provided that such person:
728     (a)  Has submitted to the department a certified copy of
729the disposition of the charge to which the petition to seal
730pertains.
731     (b)  Remits a $75 processing fee to the department for
732placement in the Department of Law Enforcement Operating Trust
733Fund, unless such fee is waived by the executive director.
734     (c)  Has never, prior to the date on which the application
735for a certificate of eligibility is filed, been adjudicated
736guilty of a criminal offense or comparable ordinance violation,
737or been adjudicated delinquent for committing any a felony or a
738misdemeanor specified in s. 943.051(3)(b).
739     (d)  Has not been adjudicated guilty of or adjudicated
740delinquent for committing any of the acts stemming from the
741arrest or alleged criminal activity to which the petition to
742seal pertains.
743     (e)  Has never secured a prior sealing or expunction of a
744criminal history record under this section, former s. 893.14,
745former s. 901.33, or former s. 943.058.
746     (f)  Is no longer under court supervision applicable to the
747disposition of the arrest or alleged criminal activity to which
748the petition to seal pertains.
749     (3)  PROCESSING OF A PETITION OR ORDER TO SEAL.--
750     (a)  In judicial proceedings under this section, a copy of
751the completed petition to seal shall be served upon the
752appropriate state attorney or the statewide prosecutor and upon
753the arresting agency; however, it is not necessary to make any
754agency other than the state a party. The appropriate state
755attorney or the statewide prosecutor and the arresting agency
756may respond to the court regarding the completed petition to
757seal.
758     (b)  If relief is granted by the court, the clerk of the
759court shall certify copies of the order to the appropriate state
760attorney or the statewide prosecutor and to the arresting
761agency. The arresting agency is responsible for forwarding the
762order to any other agency to which the arresting agency
763disseminated the criminal history record information to which
764the order pertains. The department shall forward the order to
765seal to the Federal Bureau of Investigation. The clerk of the
766court shall certify a copy of the order to any other agency
767which the records of the court reflect has received the criminal
768history record from the court.
769     (c)  For an order to seal entered by a court prior to July
7701, 1992, the department shall notify the appropriate state
771attorney or statewide prosecutor of any order to seal which is
772contrary to law because the person who is the subject of the
773record has previously been convicted of a crime or comparable
774ordinance violation or has had a prior criminal history record
775sealed or expunged. Upon receipt of such notice, the appropriate
776state attorney or statewide prosecutor shall take action, within
77760 days, to correct the record and petition the court to void
778the order to seal. The department shall seal the record until
779such time as the order is voided by the court.
780     (d)  On or after July 1, 1992, the department or any other
781criminal justice agency is not required to act on an order to
782seal entered by a court when such order does not comply with the
783requirements of this section. Upon receipt of such an order, the
784department must notify the issuing court, the appropriate state
785attorney or statewide prosecutor, the petitioner or the
786petitioner's attorney, and the arresting agency of the reason
787for noncompliance. The appropriate state attorney or statewide
788prosecutor shall take action within 60 days to correct the
789record and petition the court to void the order. No cause of
790action, including contempt of court, shall arise against any
791criminal justice agency for failure to comply with an order to
792seal when the petitioner for such order failed to obtain the
793certificate of eligibility as required by this section or when
794such order does not comply with the requirements of this
795section.
796     (e)  An order sealing a criminal history record pursuant to
797this section does not require that such record be surrendered to
798the court, and such record shall continue to be maintained by
799the department and other criminal justice agencies.
800     (4)  EFFECT OF CRIMINAL HISTORY RECORD SEALING.--A criminal
801history record of a minor or an adult which is ordered sealed by
802a court of competent jurisdiction pursuant to this section is
803confidential and exempt from the provisions of s. 119.07(1) and
804s. 24(a), Art. I of the State Constitution and is available only
805to the person who is the subject of the record, to the subject's
806attorney, to criminal justice agencies for their respective
807criminal justice purposes, which include conducting a criminal
808history background check for approval of firearms purchases or
809transfers as authorized by state or federal law, or to those
810entities set forth in subparagraphs (a)1., 4., 5., and 6. for
811their respective licensing and employment purposes.
812     (a)  The subject of a criminal history record sealed under
813this section or under other provisions of law, including former
814s. 893.14, former s. 901.33, and former s. 943.058, may lawfully
815deny or fail to acknowledge the arrests covered by the sealed
816record, except when the subject of the record:
817     1.  Is a candidate for employment with a criminal justice
818agency;
819     2.  Is a defendant in a criminal prosecution;
820     3.  Concurrently or subsequently petitions for relief under
821this section or s. 943.0585;
822     4.  Is a candidate for admission to The Florida Bar;
823     5.  Is seeking to be employed or licensed by or to contract
824with the Department of Children and Family Services or the
825Department of Juvenile Justice or to be employed or used by such
826contractor or licensee in a sensitive position having direct
827contact with children, the developmentally disabled, the aged,
828or the elderly as provided in s. 110.1127(3), s. 393.063, s.
829394.4572(1), s. 397.451, s. 402.302(3), s. 402.313(3), s.
830409.175(2)(i), s. 415.102(4), s. 415.103, s. 916.106(10) and
831(13), s. 985.407, or chapter 400; or
832     6.  Is seeking to be employed or licensed by the Department
833of Education, any district school board, any university
834laboratory school, any charter school, any private or parochial
835school, or any local governmental entity that licenses child
836care facilities; or.
837     7.  Is attempting to purchase a firearm from a licensed
838importer, licensed manufacturer, or licensed dealer and is
839subject to a criminal history background check under state or
840federal law.
841     (b)  Subject to the exceptions in paragraph (a), a person
842who has been granted a sealing under this section, former s.
843893.14, former s. 901.33, or former s. 943.058 may not be held
844under any provision of law of this state to commit perjury or to
845be otherwise liable for giving a false statement by reason of
846such person's failure to recite or acknowledge a sealed criminal
847history record.
848     (c)  Information relating to the existence of a sealed
849criminal record provided in accordance with the provisions of
850paragraph (a) is confidential and exempt from the provisions of
851s. 119.07(1) and s. 24(a), Art. I of the State Constitution,
852except that the department shall disclose the sealed criminal
853history record to the entities set forth in subparagraphs (a)1.,
8544., 5., and 6. for their respective licensing and employment
855purposes. It is unlawful for any employee of an entity set forth
856in subparagraph (a)1., subparagraph (a)4., subparagraph (a)5.,
857or subparagraph (a)6. to disclose information relating to the
858existence of a sealed criminal history record of a person
859seeking employment or licensure with such entity or contractor,
860except to the person to whom the criminal history record relates
861or to persons having direct responsibility for employment or
862licensure decisions. Any person who violates the provisions of
863this paragraph commits a misdemeanor of the first degree,
864punishable as provided in s. 775.082 or s. 775.083.
865     (5)  STATUTORY REFERENCES.--Any reference to any other
866chapter, section, or subdivision of the Florida Statutes in this
867section constitutes a general reference under the doctrine of
868incorporation by reference.
869     Section 10.  Subsection (5) of section 943.13, Florida
870Statutes, is amended to read:
871     943.13  Officers' minimum qualifications for employment or
872appointment.--On or after October 1, 1984, any person employed
873or appointed as a full-time, part-time, or auxiliary law
874enforcement officer or correctional officer; on or after October
8751, 1986, any person employed as a full-time, part-time, or
876auxiliary correctional probation officer; and on or after
877October 1, 1986, any person employed as a full-time, part-time,
878or auxiliary correctional officer by a private entity under
879contract to the Department of Corrections, to a county
880commission, or to the Department of Management Services shall:
881     (5)  Have documentation of his or her processed
882fingerprints on file with the employing agency or, if a private
883correctional officer, have documentation of his or her processed
884fingerprints on file with the Department of Corrections or the
885Criminal Justice Standards and Training Commission. If
886administrative delays are caused by the department or the
887Federal Bureau of Investigation and the person has complied with
888subsections (1)-(4) and (6)-(9), he or she may be employed or
889appointed for a period not to exceed 1 calendar year from the
890date he or she was employed or appointed or until return of the
891processed fingerprints documenting noncompliance with
892subsections (1)-(4) or subsection (7), whichever occurs first.
893Beginning July 1, 2005, the department shall retain and enter
894into the statewide automated fingerprint identification system
895authorized by s. 943.05 all fingerprints submitted to the
896department as required by this section and all fingerprints
897related to any law enforcement, correctional, or correctional
898probation officers which are submitted to the department for any
899other reason. Thereafter, the fingerprints shall be available
900for all purposes and uses authorized for arrest fingerprint
901cards entered in the statewide automated fingerprint
902identification system pursuant to s. 943.051 in order to ensure
903compliance with any applicable federal law. The department shall
904search all arrest fingerprints cards received pursuant to s.
905943.051 against the fingerprints retained in the statewide
906automated fingerprint identification system pursuant to this
907section and report to the employing agency any arrest records
908that are identified with the retained employee's fingerprints.
909By January 1, 2007, a person who must meet minimum
910qualifications as provided in this section and whose
911fingerprints are not retained by the department pursuant to this
912section must be refingerprinted. These fingerprints must be
913forwarded to the department for processing and retention.
914     Section 11.  Section 943.1715, Florida Statutes, is amended
915to read:
916     943.1715  Basic skills training relating to diverse
917populations.--The commission shall establish and maintain
918standards for instruction of officers in the subject of
919interpersonal skills relating to diverse populations, with an
920emphasis on the awareness of cultural differences. Every basic
921skills course required in order for officers to obtain initial
922certification must include a minimum of 8 hours training in
923interpersonal skills with diverse populations.
924     Section 12.  Section 943.1716, Florida Statutes, is amended
925to read:
926     943.1716  Continued employment training relating to diverse
927populations.--The commission shall by rule require that each
928officer receive, as part of the 40 hours of required instruction
929for continued employment or appointment as an officer, 8 hours
930of instruction in the subject of interpersonal skills relating
931to diverse populations, with an emphasis on the awareness of
932cultural differences.
933     Section 13.  Section 943.2569, Florida Statutes, is
934repealed.
935     Section 14.  Section 943.257, Florida Statutes, is amended
936to read:
937     943.257  Independent audit documentation subject to
938inspection.--The Criminal Justice Standards and Training
939Commission or a center's advisory board may inspect and copy any
940documents from the center as required to carry out the
941commission's or the respective board's oversight
942responsibilities, including information and documents related to
943applicant evaluations and center expenditures. In addition, the
944commission or board may inspect and copy the documentation of
945any internal or independent audits conducted by or on behalf of
946the centers to ensure that candidate and inservice officer
947assessments have been made and that expenditures are in
948conformance with the requirements of this act and with other
949applicable procedures.
950     Section 15.  Subsections (1) and (3) of section 943.401,
951Florida Statutes, are amended to read:
952     943.401  Public assistance fraud.--
953     (1)(a)  The Department of Law Enforcement shall investigate
954all public assistance provided to residents of the state or
955provided to others by the state made under the provisions of
956chapter 409 or chapter 414. In the course of such investigation
957the Department of Law Enforcement shall examine all records,
958including electronic benefits transfer records and make inquiry
959of all persons who may have knowledge as to any irregularity
960incidental to the disbursement of public moneys, food stamps, or
961other items or benefits authorizations to recipients.
962     (b)  All public assistance recipients, as a condition
963precedent to qualification for public assistance under the
964provisions of chapter 409 or chapter 414, shall first give in
965writing, to the Agency for Health Care Administration, the
966Department of Health, the Agency for Workforce Innovation, and
967the Department of Children and Family Services, as appropriate,
968and to the Department of Law Enforcement, consent to make
969inquiry of past or present employers and records, financial or
970otherwise.
971     (3)  The results of such investigation shall be reported by
972the Department of Law Enforcement to the appropriate legislative
973committees, the Agency for Health Care Administration, the
974Department of Health, the Agency for Workforce Innovation, and
975the Department of Children and Family Services, and to such
976others as the Department of Law Enforcement may determine.
977     Section 16.  Authority to purchase goodwill and promotional
978materials.--
979     (1)  The Legislature recognizes that the department
980functions as one of the state's primary law enforcement
981representatives in national and international meetings,
982conferences, and cooperative efforts. The department often hosts
983delegates from other federal, state, local, and international
984agencies and is in a position to function as a representative of
985the state fostering goodwill and effective interagency working
986relationships. It is the intent of the Legislature that the
987department be allowed, consistent with the dignity and integrity
988of the state, to purchase and distribute material and items of
989collection to those with whom the department has contact in
990meetings, conferences, and cooperative efforts.
991     (2)  In addition to expenditures separately authorized by
992law, the department may expend not more than $5,000 annually to
993purchase and distribute promotional materials or items that
994serve to advance with dignity and integrity the goodwill of this
995state and the department and to provide basic refreshments at
996official functions, seminars, or meetings of the department in
997which dignitaries or representatives from the Federal
998Government, other states or nationalities, or other agencies are
999in attendance.
1000     Section 17.  Unauthorized use of Department of Law
1001Enforcement emblems or names prohibited.--
1002     (1)  Whoever, except with the written permission of the
1003executive director of the department or as otherwise expressly
1004authorized by the department, knowingly uses the words "Florida
1005Department of Law Enforcement," the initials "F.D.L.E." or
1006"FDLE," or the words "Florida Capitol Police," or any colorable
1007imitation of such words or initials, or who uses a logo or
1008emblem used by the department in connection with any
1009advertisement, circular, book, pamphlet, or other publication,
1010play, motion picture, broadcast, telecast, or other production,
1011in any Internet web page or upon any product in a manner
1012reasonably calculated to convey the impression that such
1013advertisement, circular, book, pamphlet, or other publication,
1014play, motion picture, broadcast, telecast, or other production,
1015Internet web page, or product is approved, endorsed, or
1016authorized by the Department of Law Enforcement commits a
1017misdemeanor of the first degree, punishable as provided in s.
1018775.082 or s. 775.083.
1019     (2)  A violation of this section may be enjoined upon suit
1020by the department or the Department of Legal Affairs upon
1021complaint filed in any court of competent jurisdiction.
1022     Section 18.  This act shall take effect July 1, 2005.


CODING: Words stricken are deletions; words underlined are additions.