HB 0645

CS

CHAMBER ACTION

1	The Criminal Justice Committee recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to the Department of Law Enforcement;
7	amending s. 790.065, F.S.; requiring the department to
8	review other records in addition to criminal history
9	records to evaluate a potential buyer or transferee of a
10	firearm, including an adjudication of mental defectiveness
11	or a commitment to a mental institution as criteria that
12	prohibit a person from purchasing a firearm; providing
13	definitions; requiring the department to maintain an
14	automated database of persons who are prohibited from
15	purchasing a firearm; requiring each clerk of court to
16	submit certain court records to the department within a
17	certain period; requiring the department to delete certain
18	records from the automated database upon the request of an
19	individual meeting specified conditions; authorizing the
20	department to disclose collected data to other federal or
21	state agencies with regard to the sale or transfer of a
22	firearm; authorizing the department to disclose certain
23	information to the Department of Agriculture and Consumer
24	Services for determining the eligibility of an applicant
25	for a concealed weapons or concealed firearms license;
26	requiring the clerk of court or mental hospital to provide
27	additional information upon request following an appeal of
28	an unapproved sale or transfer of a firearm; amending s.
29	914.25, F.S.; providing for recertification for protective
30	services for an additional period, with reimbursement for
31	expenses from the Victim and Witness Protection Review
32	Committee; providing for unlimited protective services for
33	a victim or witness without reimbursement; amending s.
34	937.021, F.S.; providing immunity to the department, other
35	law enforcement agencies, and media representatives from
36	civil liability for complying in good faith with a request
37	to record or report information of an Amber Alert or
38	Missing Child Alert; providing that a technical or
39	clerical error or incorrect or incomplete information does
40	not overcome the presumption of good faith in reporting
41	information about an Amber Alert or Missing Child Alert;
42	providing that it is a discretionary decision of the law
43	enforcement agency or its employees to report, record, or
44	display Amber Alert or Missing Child Alert information;
45	amending s. 938.07, F.S.; requiring that a portion of
46	certain court costs imposed for a conviction of driving or
47	boating under the influence be deposited into the
48	department's Operating Trust Fund instead of the Criminal
49	Justice Standards and Training Trust Fund; amending s.
50	938.27, F.S.; requiring that investigative costs recovered
51	on behalf of the department be deposited into the
52	Forfeiture and Investigative Trust Fund of the department;
53	amending s. 943.052, F.S.; requiring that disposition
54	reports for dispositions relating to minor offenders are
55	mandatory after a specified date; amending s. 68.07, F.S.;
56	requiring a set of fingerprints as part of a name change
57	petition; amending s. 943.05, F.S.; authorizing the
58	department to retain fingerprints in certain circumstances
59	and use retained fingerprints for certain purposes;
60	providing for an annual fee; amending s. 943.053, F.S.;
61	requiring the department to make certain information
62	available to judges; limiting use of information;
63	authorizing a criminal justice agency to obtain a criminal
64	history background check of a noncertified agency employee
65	by submitting fingerprints to the department; requiring
66	the department to adopt rules setting a fee for conducting
67	the criminal history background search and establishing
68	procedures; requiring that the criminal history check be
69	provided by the department in certain circumstances;
70	amending s. 943.0585, F.S.; prohibiting a court from
71	expunging a criminal history record containing certain
72	sexual offenses or certain offenses that require
73	registration as a sexual offender; requiring a valid
74	certificate of eligibility for expunction in a petition to
75	expunge a criminal history record; specifying the time
76	during which a certificate of eligibility for expunction
77	is valid; requiring that a trial may not have occurred in
78	order for a person to obtain a statement from the state
79	attorney authorizing the expunction of a criminal record;
80	authorizing a person who has secured a prior sealing or
81	expunction of a criminal history record to seek a
82	certificate of eligibility for expunction if the criminal
83	history record was previously sealed for a certain number
84	of years and is otherwise eligible for expunction;
85	providing that a person who is seeking authorization for
86	employment within or access to a seaport may not deny or
87	fail to acknowledge arrests covered by expunged records;
88	providing that the department may acknowledge expunged
89	criminal history records under certain circumstances;
90	amending s. 943.059, F.S.; enumerating certain sexual
91	offenses and offenses that require registration as a
92	sexual offender which may not be sealed; requiring a valid
93	certificate of eligibility for sealing in a petition to
94	seal a criminal history record; specifying the period
95	during which a certificate of eligibility for sealing is
96	valid; providing that the information contained in a
97	sealed criminal record is available to a criminal justice
98	agency for the purpose of conducting a criminal history
99	background check for approval of a firearms purchase or
100	transfer; prohibiting a person from denying arrests
101	covered by his or her sealed criminal record when
102	attempting to purchase a firearm; providing that a person
103	who is seeking authorization for employment within or
104	access to a seaport may not deny or fail to acknowledge
105	arrests covered by sealed records; providing that the
106	department may acknowledge sealed criminal history records
107	under certain circumstances; amending s. 943.13, F.S.;
108	requiring the department to enter fingerprints into a
109	statewide automated fingerprint identification system;
110	requiring the department to search each arrest fingerprint
111	card received against fingerprints retained in the
112	statewide automated fingerprint identification system;
113	providing for refingerprinting by a certain date; amending
114	ss. 943.1715 and 943.1716, F.S.; deleting the minimum
115	number of hours required for basic skills training and
116	continued employment training relating to diverse
117	populations for law enforcement officers; repealing s.
118	943.2569, F.S., relating to an annual financial audit of
119	criminal justice selection centers; amending s. 943.257,
120	F.S.; authorizing the Criminal Justice Standards and
121	Training Commission and the advisory board of a criminal
122	justice selection center to inspect and copy any documents
123	from a center in order to carry out oversight
124	responsibilities, including documents pertaining to any
125	internal or independent audits; amending s. 943.401, F.S.;
126	requiring the department to investigate all public
127	assistance that is provided by the state; requiring public
128	assistance recipients to consent in writing to an
129	investigation into their employment and financial
130	histories by the Agency for Workforce Innovation;
131	requiring the department to report the results of the
132	investigations to the Agency for Workforce Innovation;
133	authorizing the department to purchase goodwill and
134	promotional materials; limiting the annual amount of such
135	expenditures; prohibiting the unauthorized use of the
136	department's emblems and names; providing a penalty;
137	providing effective dates.
138
139	Be It Enacted by the Legislature of the State of Florida:
140
141	Section 1.  Effective February 1, 2006, paragraph (a) of
142	subsection (2) of section 790.065, Florida Statutes, is amended
143	to read:
144	790.065  Sale and delivery of firearms.--
145	(2)  Upon receipt of a request for a criminal history
146	record check, the Department of Law Enforcement shall, during
147	the licensee's call or by return call, forthwith:
148	(a)  Review criminal history records and other records that
149	have been provided to the department to determine if the
150	potential buyer or transferee:
151	1.  Has been convicted of a felony and is prohibited from
152	receipt or possession of a firearm pursuant to s. 790.23;
153	2.  Has been convicted of a misdemeanor crime of domestic
154	violence, and therefore is prohibited from purchasing a firearm;
155	or
156	3.  Has had adjudication of guilt withheld or imposition of
157	sentence suspended on any felony or misdemeanor crime of
158	domestic violence unless 3 years have elapsed since probation or
159	any other conditions set by the court have been fulfilled or
160	expunction has occurred; or.
161	4.  Has been adjudicated mentally defective or has been
162	committed to a mental institution by a court and as a result is
163	prohibited by federal law from purchasing a firearm.
164	a.  As used in this subparagraph, "adjudicated mentally
165	defective" means a determination by a court that a person, as a
166	result of marked subnormal intelligence, or mental illness,
167	incompetency, condition, or disease, is a danger to himself or
168	herself or to others or lacks the mental capacity to contract or
169	manage his or her own affairs. The phrase shall include a
170	judicial finding of incapacity under s. 744.331(6)(a), an
171	acquittal by reason of insanity of a person charged with a
172	criminal offense, and a judicial finding that a criminal
173	defendant is not competent to stand trial.
174	b.  As used in this subparagraph, "committed to a mental
175	institution" means involuntary commitment, commitment for mental
176	defectiveness or mental illness, and commitment for substance
177	abuse. The phrase shall include involuntary inpatient placement
178	as defined in s. 394.467, involuntary assessment and
179	stabilization under s. 397.6818, and involuntary substance abuse
180	treatment under s. 397.6957, but shall not include a person in a
181	mental institution for observation or discharged from a mental
182	institution based upon the initial review by the physician or a
183	voluntary admission to a mental institution.
184	c.  In order to check for these conditions, the department
185	shall compile and maintain an automated database of persons who
186	are prohibited from purchasing a firearm based on court records
187	of adjudications of mental defectiveness or commitments to
188	mental institutions. Clerks of court are required to submit
189	these records to the department within one month of the
190	rendition of the adjudication or commitment. Reports may be
191	submitted in an automated format. The reports must, at a
192	minimum, include the name, along with any known alias or former
193	name, the sex, and the date of birth of the subject. The
194	department shall delete any mental health record from the
195	database upon request of an individual, when 5 years have
196	elapsed since the individual's restoration to capacity by court
197	order after being adjudicated an incapacitated person under s.
198	744.331, or similar laws of any other state; or, in the case of
199	an individual who was previously committed to a mental
200	institution under chapter 394, or similar laws of any other
201	state, when the individual produces a certificate from a
202	licensed psychiatrist that he or she has not suffered from
203	disability for at least 5 years prior to the date of request for
204	removal of the record. Where the department has received a
205	subsequent record of an adjudication of mental defectiveness or
206	commitment to a mental institution for such individual, the 5-
207	year timeframe would be calculated from the most recent
208	adjudication of incapacitation or commitment.
209	d.  The department is authorized to disclose the collected
210	data to agencies of the Federal Government and other states for
211	use exclusively in determining the lawfulness of a firearm sale
212	or transfer. The department is also authorized to disclose any
213	applicable collected data to the Department of Agriculture and
214	Consumer Services for determination of eligibility for issuance
215	of a concealed weapons or concealed firearms license upon
216	receipt of an applicant fingerprint submission forwarded
217	pursuant to s. 790.06(6)(a). When a potential buyer or
218	transferee appeals a nonapproval based on these records, the
219	clerks of court and mental institutions shall, upon request by
220	the department, provide information to help determine whether
221	the potential buyer or transferee is the same person as the
222	subject of the record. Photographs and any other data that could
223	confirm or negate identity must be made available to the
224	department for such purposes, notwithstanding any other
225	provision of state law to the contrary. Any such information
226	which is made confidential or exempt from disclosure by law
227	shall retain such confidential or exempt status when transferred
228	to the department.
229	Section 2.  Subsections (4) and (5) of section 914.25,
230	Florida Statutes, are amended to read:
231	914.25  Protective services for certain victims and
232	witnesses.--
233	(4)(a)  When a victim or witness is certified as provided
234	in subsection (3), a law enforcement agency, in consultation
235	with the certifying state attorney or the statewide prosecutor,
236	may provide appropriate protective services. If a victim or
237	witness needs to be temporarily relocated, the statewide
238	prosecutor or the state attorney must notify the Department of
239	Law Enforcement. The Department of Law Enforcement, in
240	consultation with the statewide prosecutor or the state
241	attorney, and any other law enforcement agency involved in the
242	criminal investigation or prosecution, shall coordinate the
243	temporary relocation of the victim or witness.
244	(b)  Protective services, including temporary relocation
245	services, may initially be provided for up to 1 year or until
246	the risk giving rise to the certification has diminished,
247	whichever occurs sooner. If deemed necessary, The statewide
248	prosecutor or the state attorney may, at the end of the
249	certification year, recertify a victim or witness at risk of
250	harm for an additional period of up to 1 year or until the risk
251	giving rise to the certification has diminished, whichever
252	occurs first. A victim or witness at risk of harm may be
253	certified and recertified annually as provided in this section
254	to provide a maximum of 4 years of eligibility for protective
255	services.
256	(5)  The lead law enforcement agency that provides
257	protective services, as authorized in this section, may seek
258	reimbursement for its reasonable expenses from the Victim and
259	Witness Protection Review Committee, pursuant to the provisions
260	of s. 943.031. This section does not prevent any law enforcement
261	agency from providing protective services at the agency's
262	expense beyond the 4-year maximum period established in this
263	section. Any such additional expenditures for protective
264	services are not eligible for the reimbursement provided in this
265	section.
266	Section 3.  Subsection (3) is added to section 937.021,
267	Florida Statutes, to read:
268	937.021  Missing child reports.--
269	(3)(a)  Upon receiving a request to record, report,
270	transmit, display, or release Amber Alert or Missing Child Alert
271	information from the law enforcement agency having jurisdiction
272	over the missing or endangered child, the Department of Law
273	Enforcement as the state Amber Alert coordinator; any state or
274	local law enforcement agency and the personnel of these
275	agencies; any radio or television network, broadcaster, or other
276	media representative; or any agency, employee, individual, or
277	entity is immune from civil liability for damages for complying
278	in good faith with the request, and is presumed to have acted in
279	good faith in recording, reporting, transmitting, displaying, or
280	releasing Amber Alert or Missing Child Alert information
281	pertaining to such child.
282	(b)  The presumption of good faith is not overcome if a
283	technical or clerical error is made by any such agency,
284	employee, individual, or entity acting at the request of the
285	local law enforcement agency having jurisdiction, or if the
286	Amber Alert or Missing Child Alert information is incomplete or
287	incorrect because the information received from the local law
288	enforcement agency was incomplete or incorrect.
289	(c)  This subsection or any other provision of law does not
290	create a duty of the agency, employee, individual, or entity to
291	record, report, transmit, display, or release the Amber Alert or
292	Missing Child Alert information received from the local law
293	enforcement agency having jurisdiction. The decision to record,
294	report, transmit, display, or release information is
295	discretionary with the agency, employee, individual, or entity
296	receiving that information from the local law enforcement agency
297	having jurisdiction.
298	Section 4.  Section 938.07, Florida Statutes, is amended to
299	read:
300	938.07  Driving or boating under the
301	influence.--Notwithstanding any other provision of s. 316.193 or
302	s. 327.35, a court cost of $135 shall be added to any fine
303	imposed pursuant to s. 316.193 or s. 327.35. The clerks shall
304	remit the funds to the Department of Revenue, $25 of which shall
305	be deposited in the Emergency Medical Services Trust Fund, $50
306	shall be deposited in the Operating Criminal Justice Standards
307	and Training Trust Fund of the Department of Law Enforcement to
308	be used for operational expenses in conducting the statewide
309	criminal analysis laboratory system established in s. 943.32,
310	and $60 shall be deposited in the Brain and Spinal Cord Injury
311	Rehabilitation Trust Fund created in s. 381.79.
312	Section 5.  Subsection (7) of section 938.27, Florida
313	Statutes, is amended to read:
314	938.27  Judgment for costs on conviction.--
315	(7)  Investigative costs that which are recovered shall be
316	returned to the appropriate investigative agency that which
317	incurred the expense. Such costs shall include actual expenses
318	incurred in conducting the investigation and prosecution of the
319	criminal case; however, costs may also include the salaries of
320	permanent employees. Any investigative costs recovered on behalf
321	of a state agency must be remitted to the Department of Revenue
322	for deposit in the agency operating trust fund, and a report of
323	the payment must be sent to the agency, except that any
324	investigative costs recovered on behalf of the Department of Law
325	Enforcement shall be deposited in the department's Forfeiture
326	and Investigative Support Trust Fund under s. 943.362.
327	Section 6.  Subsection (2) of section 943.052, Florida
328	Statutes, is amended to read:
329	943.052  Disposition reporting.--The Criminal Justice
330	Information Program shall, by rule, establish procedures and a
331	format for each criminal justice agency to monitor its records
332	and submit reports, as provided by this section, to the program.
333	The disposition report shall be developed by the program and
334	shall include the offender-based transaction system number.
335	(2)  Each clerk of the court shall submit the uniform
336	dispositions to the program or in a manner acceptable to the
337	program. The report shall be submitted at least once a month
338	and, when acceptable by the program, may be submitted in an
339	automated format. The disposition report is mandatory for
340	dispositions relating to adult offenders only. Beginning July 1,
341	2008, a disposition report for each disposition relating to a
342	minor offender is mandatory.
343	Section 7.  Subsections (2) and (5) of section 68.07,
344	Florida Statutes, are amended to read:
345	68.07  Change of name.--
346	(2)  The petition shall include a set copy of the
347	petitioner's fingerprints taken by a law enforcement agency
348	except where a former name is being restored and be verified and
349	show:
350	(a)  That petitioner is a bona fide resident of and
351	domiciled in the county where the change of name is sought.
352	(b)  If known, the date and place of birth of petitioner,
353	petitioner's father's name, mother's maiden name, and where
354	petitioner has resided since birth.
355	(c)  If petitioner is married, the name of petitioner's
356	spouse and if petitioner has children, the names and ages of
357	each and where they reside.
358	(d)  If petitioner's name has previously been changed and
359	when and where and by what court.
360	(e)  Petitioner's occupation and where petitioner is
361	employed and has been employed for 5 years next preceding filing
362	of the petition. If petitioner owns and operates a business, the
363	name and place of it shall be stated and petitioner's connection
364	therewith and how long petitioner has been identified with said
365	business. If petitioner is in a profession, the profession shall
366	be stated, where the petitioner has practiced the profession and
367	if a graduate of a school or schools, the name or names thereof,
368	time of graduation, and degrees received.
369	(f)  Whether the petitioner has been generally known or
370	called by any other names and if so, by what names and where.
371	(g)  Whether petitioner has ever been adjudicated a
372	bankrupt and if so, where and when.
373	(h)  Whether petitioner has ever been arrested for or
374	charged with, pled guilty or nolo contendere to, or been found
375	to have committed a criminal offense, regardless of
376	adjudication, and if so, when and where.
377	(i)  Whether any money judgment has ever been entered
378	against petitioner and if so, the name of the judgment creditor,
379	the amount and date thereof, the court by which entered, and
380	whether the judgment has been satisfied.
381	(j)  That the petition is filed for no ulterior or illegal
382	purpose and granting it will not in any manner invade the
383	property rights of others, whether partnership, patent, good
384	will, privacy, trademark, or otherwise.
385	(k)  That the petitioner's civil rights have never been
386	suspended, or if the petitioner's civil rights have been
387	suspended, that full restoration of civil rights has occurred.
388	(5)  The clerk must, upon the filing of the final judgment,
389	send a report of the judgment to the Department of Law
390	Enforcement on a form to be furnished by that department. The
391	Department of Law Enforcement must send a copy of the report to
392	the Department of Highway Safety and Motor Vehicles, which may
393	be delivered by electronic transmission. The report must contain
394	sufficient information to identify the petitioner, including a
395	set copy of the petitioner's fingerprints taken by a law
396	enforcement agency, the new name of the petitioner, and the file
397	number of the judgment. Any information retained by the
398	Department of Law Enforcement and the Department of Highway
399	Safety and Motor Vehicles may be revised or supplemented by said
400	departments to reflect changes made by the final judgment. With
401	respect to a person convicted of a felony in another state or of
402	a federal offense, the Department of Law Enforcement must send
403	the report to the respective state's office of law enforcement
404	records or to the office of the Federal Bureau of Investigation.
405	The Department of Law Enforcement may forward the report to any
406	other law enforcement agency it believes may retain information
407	related to the petitioner. Any costs associated with
408	fingerprinting must be paid by the petitioner.
409	Section 8.  Paragraphs (g) and (h) are added to subsection
410	(2) of section 943.05, Florida Statutes, to read:
411	943.05  Criminal Justice Information Program; duties; crime
412	reports.--
413	(2)  The program shall:
414	(g)  As authorized by law, retain fingerprints submitted by
415	criminal and noncriminal justice agencies to the department for
416	a criminal history background screening in a manner provided by
417	rule, and enter the fingerprints in the statewide automated
418	fingerprint identification system authorized by paragraph (b).
419	Such fingerprints shall thereafter be available for all purposes
420	and uses authorized for arrest fingerprint cards entered into
421	the statewide automated fingerprint identification system
422	pursuant to s. 943.051.
423	(h)  As authorized by law, search all arrest fingerprint
424	cards received under s. 943.051 against the fingerprints
425	retained in the statewide automated fingerprint identification
426	system under paragraph (g). Any arrest record that is identified
427	with the retained fingerprints of a person subject to background
428	screening as provided in paragraph (g) shall be reported to the
429	appropriate agency. Agencies may participate in this search
430	process by payment of an annual fee to the department and by
431	informing the department of any change in the affiliation,
432	employment, or contractual status or place of affiliation,
433	employment, or contracting of the persons whose fingerprints are
434	retained under paragraph (g). The department shall adopt a rule
435	setting the amount of the annual fee to be imposed upon each
436	participating agency for performing these searches and
437	establishing the procedures for the retention of fingerprints
438	and the dissemination of search results. The fee may be borne as
439	provided by law.
440	Section 9.  Subsections (5) through (9) of section 943.053,
441	Florida Statutes, are renumbered as subsections (6) through
442	(10), respectively, and new subsections (5), (11), and (12) are
443	added to said section, to read:
444	943.053  Dissemination of criminal justice information;
445	fees.--
446	(5)  Notwithstanding the provisions of s. 943.0525, and any
447	user agreements adopted pursuant thereto, and notwithstanding
448	the confidentiality of sealed records as provided for in s.
449	943.059, the department shall make online access to Florida
450	criminal justice information available to each judge in the
451	state courts system for the purpose of assisting judges in their
452	case-related decisionmaking responsibilities. Such online access
453	shall be provided without charge to the state court system.
454	Sealed records received by the courts under this section remain
455	confidential and exempt from the provisions of s. 119.07(1). The
456	information provided pursuant to this section shall not take the
457	place of any information required to be provided to the courts
458	by any other agency or entity. Information provided under this
459	section shall be used only for the official court business for
460	which it was requested and may not be further disseminated.
461	(11)  A criminal justice agency that is authorized under
462	federal rules or law to conduct a criminal history background
463	check on an agency employee who is not certified by the Criminal
464	Justice Standards and Training Commission under s. 943.12 may
465	submit to the department the fingerprints of the noncertified
466	employee to obtain state and national criminal history
467	information. Effective December 15, 2005, the fingerprints
468	submitted shall be retained and entered in the statewide
469	automated fingerprint identification system authorized by s.
470	943.05 and shall be available for all purposes and uses
471	authorized for arrest fingerprint cards entered in the statewide
472	automated fingerprint identification system pursuant to s.
473	943.051. The department shall search all arrest fingerprint
474	cards received pursuant to s. 943.051 against the fingerprints
475	retained in the statewide automated fingerprint identification
476	system pursuant to this section. In addition to all purposes and
477	uses authorized for arrest fingerprint cards for which submitted
478	fingerprints may be used, any arrest record that is identified
479	with the retained employee fingerprints must be reported to the
480	submitting employing agency. The department shall adopt rules
481	setting the amount of the fee to be imposed upon each submitting
482	agency for performing searches and for establishing procedures
483	for retaining the fingerprints and disseminating search results
484	to a submitting agency.
485	(12)  Notwithstanding any other provision of law, when a
486	criminal history check or a duty to disclose the absence of a
487	criminal history check is mandated by state law, or when a
488	privilege or benefit is conferred by state law in return for
489	exercising an option of conducting a criminal history check, the
490	referenced criminal history check, whether it is an initial or
491	renewal check, shall include a Florida criminal history provided
492	by the department as set forth in this section. Such Florida
493	criminal history information may be provided by a private vendor
494	only if that information is directly obtained from the
495	department for each request. When a national criminal history
496	check is required or authorized by state law, the national
497	criminal history check shall be submitted by and through the
498	department in the manner established by the department for such
499	checks, unless otherwise required by federal law. The fee for
500	criminal history information as established by state law or, in
501	the case of national checks, by the Federal Government, shall be
502	borne by the person or entity submitting the request, or as
503	provided by law. Criminal history information provided by any
504	other governmental entity of this state or any private entity
505	shall not be substituted for criminal history information
506	provided by the department when the criminal history check or a
507	duty to disclose the absence of a criminal history check is
508	required by statute or is made a condition of a privilege or
509	benefit by law.
510	Section 10.  Section 943.0585, Florida Statutes, is amended
511	to read:
512	943.0585  Court-ordered expunction of criminal history
513	records.--The courts of this state have jurisdiction over their
514	own procedures, including the maintenance, expunction, and
515	correction of judicial records containing criminal history
516	information to the extent such procedures are not inconsistent
517	with the conditions, responsibilities, and duties established by
518	this section. Any court of competent jurisdiction may order a
519	criminal justice agency to expunge the criminal history record
520	of a minor or an adult who complies with the requirements of
521	this section. The court shall not order a criminal justice
522	agency to expunge a criminal history record until the person
523	seeking to expunge a criminal history record has applied for and
524	received a certificate of eligibility for expunction pursuant to
525	subsection (2). A criminal history record that relates to a
526	violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794,
527	s. 796.03, s. 800.04, s. 810.14, s. 817.034, s. 825.1025, s.
528	827.071, chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s.
529	893.135, s. 916.1075, or a violation enumerated in s. 907.041,
530	or any violation specified as a predicate offense for
531	registration as a sexual predator pursuant to s. 775.21, without
532	regard to whether that offense alone is sufficient to require
533	such registration, or for registration as a sexual offender
534	pursuant to s. 943.0435, may not be expunged, without regard to
535	whether adjudication was withheld, if the defendant was found
536	guilty of or pled guilty or nolo contendere to the offense, or
537	if the defendant, as a minor, was found to have committed, or
538	pled guilty or nolo contendere to committing, the offense as a
539	delinquent act. The court may only order expunction of a
540	criminal history record pertaining to one arrest or one incident
541	of alleged criminal activity, except as provided in this
542	section. The court may, at its sole discretion, order the
543	expunction of a criminal history record pertaining to more than
544	one arrest if the additional arrests directly relate to the
545	original arrest. If the court intends to order the expunction of
546	records pertaining to such additional arrests, such intent must
547	be specified in the order. A criminal justice agency may not
548	expunge any record pertaining to such additional arrests if the
549	order to expunge does not articulate the intention of the court
550	to expunge a record pertaining to more than one arrest. This
551	section does not prevent the court from ordering the expunction
552	of only a portion of a criminal history record pertaining to one
553	arrest or one incident of alleged criminal activity.
554	Notwithstanding any law to the contrary, a criminal justice
555	agency may comply with laws, court orders, and official requests
556	of other jurisdictions relating to expunction, correction, or
557	confidential handling of criminal history records or information
558	derived therefrom. This section does not confer any right to the
559	expunction of any criminal history record, and any request for
560	expunction of a criminal history record may be denied at the
561	sole discretion of the court.
562	(1)  PETITION TO EXPUNGE A CRIMINAL HISTORY RECORD.--Each
563	petition to a court to expunge a criminal history record is
564	complete only when accompanied by:
565	(a)  A valid certificate of eligibility for expunction
566	issued by the department pursuant to subsection (2).
567	(b)  The petitioner's sworn statement attesting that the
568	petitioner:
569	1.  Has never, prior to the date on which the petition is
570	filed, been adjudicated guilty of a criminal offense or
571	comparable ordinance violation, or been adjudicated delinquent
572	for committing any a felony or a misdemeanor specified in s.
573	943.051(3)(b).
574	2.  Has not been adjudicated guilty of, or adjudicated
575	delinquent for committing, any of the acts stemming from the
576	arrest or alleged criminal activity to which the petition
577	pertains.
578	3.  Has never secured a prior sealing or expunction of a
579	criminal history record under this section, former s. 893.14,
580	former s. 901.33, or former s. 943.058, or from any jurisdiction
581	outside the state.
582	4.  Is eligible for such an expunction to the best of his
583	or her knowledge or belief and does not have any other petition
584	to expunge or any petition to seal pending before any court.
585
586	Any person who knowingly provides false information on such
587	sworn statement to the court commits a felony of the third
588	degree, punishable as provided in s. 775.082, s. 775.083, or s.
589	775.084.
590	(2)  CERTIFICATE OF ELIGIBILITY FOR EXPUNCTION.--Prior to
591	petitioning the court to expunge a criminal history record, a
592	person seeking to expunge a criminal history record shall apply
593	to the department for a certificate of eligibility for
594	expunction. The department shall, by rule adopted pursuant to
595	chapter 120, establish procedures pertaining to the application
596	for and issuance of certificates of eligibility for expunction.
597	A certificate of eligibility for expunction is valid for 12
598	months after the date stamped on the certificate when issued by
599	the department. After that time, the petitioner must reapply to
600	the department for a new certificate of eligibility. Eligibility
601	for a renewed certification of eligibility must be based on the
602	status of the applicant and the law in effect at the time of the
603	most recent application. The department shall issue a
604	certificate of eligibility for expunction to a person who is the
605	subject of a criminal history record if that person:
606	(a)  Has obtained, and submitted to the department, a
607	written, certified statement from the appropriate state attorney
608	or statewide prosecutor which indicates:
609	1.  That an indictment, information, or other charging
610	document was not filed or issued in the case.
611	2.  That an indictment, information, or other charging
612	document, if filed or issued in the case, was dismissed or nolle
613	prosequi by the state attorney or statewide prosecutor, or was
614	dismissed by a court of competent jurisdiction, and that none of
615	the charges related to the arrest or alleged criminal activity
616	to which the petition to expunge pertains resulted in a trial,
617	without regard to whether the outcome of the trial was other
618	than an adjudication of guilt.
619	3.  That the criminal history record does not relate to a
620	violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794,
621	s. 796.03, s. 800.04, s. 810.14, s. 817.034, s. 825.1025, s.
622	827.071, chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s.
623	893.135, s. 916.1075, or a violation enumerated in s. 907.041,
624	or any violation specified as a predicate offense for
625	registration as a sexual predator pursuant to s. 775.21, without
626	regard to whether that offense alone is sufficient to require
627	such registration, or for registration as a sexual offender
628	pursuant to s. 943.0435, where the defendant was found guilty
629	of, or pled guilty or nolo contendere to any such offense, or
630	that the defendant, as a minor, was found to have committed, or
631	pled guilty or nolo contendere to committing, such an offense as
632	a delinquent act, without regard to whether adjudication was
633	withheld.
634	(b)  Remits a $75 processing fee to the department for
635	placement in the Department of Law Enforcement Operating Trust
636	Fund, unless such fee is waived by the executive director.
637	(c)  Has submitted to the department a certified copy of
638	the disposition of the charge to which the petition to expunge
639	pertains.
640	(d)  Has never, prior to the date on which the application
641	for a certificate of eligibility is filed, been adjudicated
642	guilty of a criminal offense or comparable ordinance violation,
643	or been adjudicated delinquent for committing any a felony or a
644	misdemeanor specified in s. 943.051(3)(b).
645	(e)  Has not been adjudicated guilty of, or adjudicated
646	delinquent for committing, any of the acts stemming from the
647	arrest or alleged criminal activity to which the petition to
648	expunge pertains.
649	(f)  Has never secured a prior sealing or expunction of a
650	criminal history record under this section, former s. 893.14,
651	former s. 901.33, or former s. 943.058, unless expunction is
652	sought of a criminal history record previously sealed for 10
653	years pursuant to paragraph (h) and the record is otherwise
654	eligible for expunction.
655	(g)  Is no longer under court supervision applicable to the
656	disposition of the arrest or alleged criminal activity to which
657	the petition to expunge pertains.
658	(h)  Has previously obtained a court order sealing the
659	record under this section, former s. 893.14, former s. 901.33,
660	or former s. 943.058 for a minimum of 10 years because
661	adjudication was withheld or because all charges related to the
662	arrest or alleged criminal activity to which the petition to
663	expunge pertains were not dismissed prior to trial, without
664	regard to whether the outcome of the trial was other than an
665	adjudication of guilt. The requirement for the record to have
666	previously been sealed for a minimum of 10 years does not apply
667	when a plea was not entered or all charges related to the arrest
668	or alleged criminal activity to which the petition to expunge
669	pertains were dismissed prior to trial. Is not required to wait
670	a minimum of 10 years prior to being eligible for an expunction
671	of such records because all charges related to the arrest or
672	criminal activity to which the petition to expunge pertains were
673	dismissed prior to trial, adjudication, or the withholding of
674	adjudication. Otherwise, such criminal history record must be
675	sealed under this section, former s. 893.14, former s. 901.33,
676	or former s. 943.058 for at least 10 years before such record is
677	eligible for expunction.
678	(3)  PROCESSING OF A PETITION OR ORDER TO EXPUNGE.--
679	(a)  In judicial proceedings under this section, a copy of
680	the completed petition to expunge shall be served upon the
681	appropriate state attorney or the statewide prosecutor and upon
682	the arresting agency; however, it is not necessary to make any
683	agency other than the state a party. The appropriate state
684	attorney or the statewide prosecutor and the arresting agency
685	may respond to the court regarding the completed petition to
686	expunge.
687	(b)  If relief is granted by the court, the clerk of the
688	court shall certify copies of the order to the appropriate state
689	attorney or the statewide prosecutor and the arresting agency.
690	The arresting agency is responsible for forwarding the order to
691	any other agency to which the arresting agency disseminated the
692	criminal history record information to which the order pertains.
693	The department shall forward the order to expunge to the Federal
694	Bureau of Investigation. The clerk of the court shall certify a
695	copy of the order to any other agency which the records of the
696	court reflect has received the criminal history record from the
697	court.
698	(c)  For an order to expunge entered by a court prior to
699	July 1, 1992, the department shall notify the appropriate state
700	attorney or statewide prosecutor of an order to expunge which is
701	contrary to law because the person who is the subject of the
702	record has previously been convicted of a crime or comparable
703	ordinance violation or has had a prior criminal history record
704	sealed or expunged. Upon receipt of such notice, the appropriate
705	state attorney or statewide prosecutor shall take action, within
706	60 days, to correct the record and petition the court to void
707	the order to expunge. The department shall seal the record until
708	such time as the order is voided by the court.
709	(d)  On or after July 1, 1992, the department or any other
710	criminal justice agency is not required to act on an order to
711	expunge entered by a court when such order does not comply with
712	the requirements of this section. Upon receipt of such an order,
713	the department must notify the issuing court, the appropriate
714	state attorney or statewide prosecutor, the petitioner or the
715	petitioner's attorney, and the arresting agency of the reason
716	for noncompliance. The appropriate state attorney or statewide
717	prosecutor shall take action within 60 days to correct the
718	record and petition the court to void the order. No cause of
719	action, including contempt of court, shall arise against any
720	criminal justice agency for failure to comply with an order to
721	expunge when the petitioner for such order failed to obtain the
722	certificate of eligibility as required by this section or such
723	order does not otherwise comply with the requirements of this
724	section.
725	(4)  EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.--Any
726	criminal history record of a minor or an adult which is ordered
727	expunged by a court of competent jurisdiction pursuant to this
728	section must be physically destroyed or obliterated by any
729	criminal justice agency having custody of such record; except
730	that any criminal history record in the custody of the
731	department must be retained in all cases. A criminal history
732	record ordered expunged that is retained by the department is
733	confidential and exempt from the provisions of s. 119.07(1) and
734	s. 24(a), Art. I of the State Constitution and not available to
735	any person or entity except upon order of a court of competent
736	jurisdiction. A criminal justice agency may retain a notation
737	indicating compliance with an order to expunge.
738	(a)  The person who is the subject of a criminal history
739	record that is expunged under this section or under other
740	provisions of law, including former s. 893.14, former s. 901.33,
741	and former s. 943.058, may lawfully deny or fail to acknowledge
742	the arrests covered by the expunged record, except when the
743	subject of the record:
744	1.  Is a candidate for employment with a criminal justice
745	agency;
746	2.  Is a defendant in a criminal prosecution;
747	3.  Concurrently or subsequently petitions for relief under
748	this section or s. 943.059;
749	4.  Is a candidate for admission to The Florida Bar;
750	5.  Is seeking to be employed or licensed by or to contract
751	with the Department of Children and Family Services or the
752	Department of Juvenile Justice or to be employed or used by such
753	contractor or licensee in a sensitive position having direct
754	contact with children, the developmentally disabled, the aged,
755	or the elderly as provided in s. 110.1127(3), s. 393.063, s.
756	394.4572(1), s. 397.451, s. 402.302(3), s. 402.313(3), s.
757	409.175(2)(i), s. 415.102(4), s. 916.106(10) and (13), s.
758	985.407, or chapter 400; or
759	6.  Is seeking to be employed or licensed by the Department
760	of Education, any district school board, any university
761	laboratory school, any charter school, any private or parochial
762	school, or any local governmental entity that licenses child
763	care facilities; or
764	7.  Is seeking authorization from a Florida seaport
765	identified in s. 311.09 for employment within or access to one
766	or more of such seaports pursuant to s. 311.12 or s. 311.125.
767	(b)  Subject to the exceptions in paragraph (a), a person
768	who has been granted an expunction under this section, former s.
769	893.14, former s. 901.33, or former s. 943.058 may not be held
770	under any provision of law of this state to commit perjury or to
771	be otherwise liable for giving a false statement by reason of
772	such person's failure to recite or acknowledge an expunged
773	criminal history record.
774	(c)  Information relating to the existence of an expunged
775	criminal history record which is provided in accordance with
776	paragraph (a) is confidential and exempt from the provisions of
777	s. 119.07(1) and s. 24(a), Art. I of the State Constitution,
778	except that the department shall disclose the existence of a
779	criminal history record ordered expunged to the entities set
780	forth in subparagraphs (a)1., 4., 5., and 6., and 7. for their
781	respective licensing, access authorization, and employment
782	purposes, and to criminal justice agencies for their respective
783	criminal justice purposes. It is unlawful for any employee of an
784	entity set forth in subparagraph (a)1., subparagraph (a)4.,
785	subparagraph (a)5., or subparagraph (a)6., or subparagraph(a)7.
786	to disclose information relating to the existence of an expunged
787	criminal history record of a person seeking employment, access
788	authorization, or licensure with such entity or contractor,
789	except to the person to whom the criminal history record relates
790	or to persons having direct responsibility for employment,
791	access authorization, or licensure decisions. Any person who
792	violates this paragraph commits a misdemeanor of the first
793	degree, punishable as provided in s. 775.082 or s. 775.083.
794	(5)  STATUTORY REFERENCES.--Any reference to any other
795	chapter, section, or subdivision of the Florida Statutes in this
796	section constitutes a general reference under the doctrine of
797	incorporation by reference.
798	Section 11.  Section 943.059, Florida Statutes, is amended
799	to read:
800	943.059  Court-ordered sealing of criminal history
801	records.--The courts of this state shall continue to have
802	jurisdiction over their own procedures, including the
803	maintenance, sealing, and correction of judicial records
804	containing criminal history information to the extent such
805	procedures are not inconsistent with the conditions,
806	responsibilities, and duties established by this section. Any
807	court of competent jurisdiction may order a criminal justice
808	agency to seal the criminal history record of a minor or an
809	adult who complies with the requirements of this section. The
810	court shall not order a criminal justice agency to seal a
811	criminal history record until the person seeking to seal a
812	criminal history record has applied for and received a
813	certificate of eligibility for sealing pursuant to subsection
814	(2). A criminal history record that relates to a violation of s.
815	393.135, s. 394.4593, s. 787.025, chapter 794, s. 796.03, s.
816	800.04, s. 810.14, s. 817.034, s. 825.1025, s. 827.071, chapter
817	839, s. 847.0133, s. 847.0135, s. 847.0145, s. 893.135, s.
818	916.1075, or a violation enumerated in s. 907.041, or any
819	violation specified as a predicate offense for registration as a
820	sexual predator pursuant to s. 775.21, without regard to whether
821	that offense alone is sufficient to require such registration,
822	or for registration as a sexual offender pursuant to s.
823	943.0435, may not be sealed, without regard to whether
824	adjudication was withheld, if the defendant was found guilty of
825	or pled guilty or nolo contendere to the offense, or if the
826	defendant, as a minor, was found to have committed or pled
827	guilty or nolo contendere to committing the offense as a
828	delinquent act. The court may only order sealing of a criminal
829	history record pertaining to one arrest or one incident of
830	alleged criminal activity, except as provided in this section.
831	The court may, at its sole discretion, order the sealing of a
832	criminal history record pertaining to more than one arrest if
833	the additional arrests directly relate to the original arrest.
834	If the court intends to order the sealing of records pertaining
835	to such additional arrests, such intent must be specified in the
836	order. A criminal justice agency may not seal any record
837	pertaining to such additional arrests if the order to seal does
838	not articulate the intention of the court to seal records
839	pertaining to more than one arrest. This section does not
840	prevent the court from ordering the sealing of only a portion of
841	a criminal history record pertaining to one arrest or one
842	incident of alleged criminal activity. Notwithstanding any law
843	to the contrary, a criminal justice agency may comply with laws,
844	court orders, and official requests of other jurisdictions
845	relating to sealing, correction, or confidential handling of
846	criminal history records or information derived therefrom. This
847	section does not confer any right to the sealing of any criminal
848	history record, and any request for sealing a criminal history
849	record may be denied at the sole discretion of the court.
850	(1)  PETITION TO SEAL A CRIMINAL HISTORY RECORD.--Each
851	petition to a court to seal a criminal history record is
852	complete only when accompanied by:
853	(a)  A valid certificate of eligibility for sealing issued
854	by the department pursuant to subsection (2).
855	(b)  The petitioner's sworn statement attesting that the
856	petitioner:
857	1.  Has never, prior to the date on which the petition is
858	filed, been adjudicated guilty of a criminal offense or
859	comparable ordinance violation, or been adjudicated delinquent
860	for committing any a felony or a misdemeanor specified in s.
861	943.051(3)(b).
862	2.  Has not been adjudicated guilty of or adjudicated
863	delinquent for committing any of the acts stemming from the
864	arrest or alleged criminal activity to which the petition to
865	seal pertains.
866	3.  Has never secured a prior sealing or expunction of a
867	criminal history record under this section, former s. 893.14,
868	former s. 901.33, former s. 943.058, or from any jurisdiction
869	outside the state.
870	4.  Is eligible for such a sealing to the best of his or
871	her knowledge or belief and does not have any other petition to
872	seal or any petition to expunge pending before any court.
873
874	Any person who knowingly provides false information on such
875	sworn statement to the court commits a felony of the third
876	degree, punishable as provided in s. 775.082, s. 775.083, or s.
877	775.084.
878	(2)  CERTIFICATE OF ELIGIBILITY FOR SEALING.--Prior to
879	petitioning the court to seal a criminal history record, a
880	person seeking to seal a criminal history record shall apply to
881	the department for a certificate of eligibility for sealing. The
882	department shall, by rule adopted pursuant to chapter 120,
883	establish procedures pertaining to the application for and
884	issuance of certificates of eligibility for sealing. A
885	certificate of eligibility for sealing is valid for 12 months
886	after the date stamped on the certificate when issued by the
887	department. After that time, the petitioner must reapply to the
888	department for a new certificate of eligibility. Eligibility for
889	a renewed certification of eligibility must be based on the
890	status of the applicant and the law in effect at the time of the
891	most recent application. The department shall issue a
892	certificate of eligibility for sealing to a person who is the
893	subject of a criminal history record provided that such person:
894	(a)  Has submitted to the department a certified copy of
895	the disposition of the charge to which the petition to seal
896	pertains.
897	(b)  Remits a $75 processing fee to the department for
898	placement in the Department of Law Enforcement Operating Trust
899	Fund, unless such fee is waived by the executive director.
900	(c)  Has never, prior to the date on which the application
901	for a certificate of eligibility is filed, been adjudicated
902	guilty of a criminal offense or comparable ordinance violation,
903	or been adjudicated delinquent for committing any a felony or a
904	misdemeanor specified in s. 943.051(3)(b).
905	(d)  Has not been adjudicated guilty of or adjudicated
906	delinquent for committing any of the acts stemming from the
907	arrest or alleged criminal activity to which the petition to
908	seal pertains.
909	(e)  Has never secured a prior sealing or expunction of a
910	criminal history record under this section, former s. 893.14,
911	former s. 901.33, or former s. 943.058.
912	(f)  Is no longer under court supervision applicable to the
913	disposition of the arrest or alleged criminal activity to which
914	the petition to seal pertains.
915	(3)  PROCESSING OF A PETITION OR ORDER TO SEAL.--
916	(a)  In judicial proceedings under this section, a copy of
917	the completed petition to seal shall be served upon the
918	appropriate state attorney or the statewide prosecutor and upon
919	the arresting agency; however, it is not necessary to make any
920	agency other than the state a party. The appropriate state
921	attorney or the statewide prosecutor and the arresting agency
922	may respond to the court regarding the completed petition to
923	seal.
924	(b)  If relief is granted by the court, the clerk of the
925	court shall certify copies of the order to the appropriate state
926	attorney or the statewide prosecutor and to the arresting
927	agency. The arresting agency is responsible for forwarding the
928	order to any other agency to which the arresting agency
929	disseminated the criminal history record information to which
930	the order pertains. The department shall forward the order to
931	seal to the Federal Bureau of Investigation. The clerk of the
932	court shall certify a copy of the order to any other agency
933	which the records of the court reflect has received the criminal
934	history record from the court.
935	(c)  For an order to seal entered by a court prior to July
936	1, 1992, the department shall notify the appropriate state
937	attorney or statewide prosecutor of any order to seal which is
938	contrary to law because the person who is the subject of the
939	record has previously been convicted of a crime or comparable
940	ordinance violation or has had a prior criminal history record
941	sealed or expunged. Upon receipt of such notice, the appropriate
942	state attorney or statewide prosecutor shall take action, within
943	60 days, to correct the record and petition the court to void
944	the order to seal. The department shall seal the record until
945	such time as the order is voided by the court.
946	(d)  On or after July 1, 1992, the department or any other
947	criminal justice agency is not required to act on an order to
948	seal entered by a court when such order does not comply with the
949	requirements of this section. Upon receipt of such an order, the
950	department must notify the issuing court, the appropriate state
951	attorney or statewide prosecutor, the petitioner or the
952	petitioner's attorney, and the arresting agency of the reason
953	for noncompliance. The appropriate state attorney or statewide
954	prosecutor shall take action within 60 days to correct the
955	record and petition the court to void the order. No cause of
956	action, including contempt of court, shall arise against any
957	criminal justice agency for failure to comply with an order to
958	seal when the petitioner for such order failed to obtain the
959	certificate of eligibility as required by this section or when
960	such order does not comply with the requirements of this
961	section.
962	(e)  An order sealing a criminal history record pursuant to
963	this section does not require that such record be surrendered to
964	the court, and such record shall continue to be maintained by
965	the department and other criminal justice agencies.
966	(4)  EFFECT OF CRIMINAL HISTORY RECORD SEALING.--A criminal
967	history record of a minor or an adult which is ordered sealed by
968	a court of competent jurisdiction pursuant to this section is
969	confidential and exempt from the provisions of s. 119.07(1) and
970	s. 24(a), Art. I of the State Constitution and is available only
971	to the person who is the subject of the record, to the subject's
972	attorney, to criminal justice agencies for their respective
973	criminal justice purposes, which include conducting a criminal
974	history background check for approval of firearms purchases or
975	transfers as authorized by state or federal law, or to those
976	entities set forth in subparagraphs (a)1., 4., 5., and 6., and
977	8. for their respective licensing, access authorization, and
978	employment purposes.
979	(a)  The subject of a criminal history record sealed under
980	this section or under other provisions of law, including former
981	s. 893.14, former s. 901.33, and former s. 943.058, may lawfully
982	deny or fail to acknowledge the arrests covered by the sealed
983	record, except when the subject of the record:
984	1.  Is a candidate for employment with a criminal justice
985	agency;
986	2.  Is a defendant in a criminal prosecution;
987	3.  Concurrently or subsequently petitions for relief under
988	this section or s. 943.0585;
989	4.  Is a candidate for admission to The Florida Bar;
990	5.  Is seeking to be employed or licensed by or to contract
991	with the Department of Children and Family Services or the
992	Department of Juvenile Justice or to be employed or used by such
993	contractor or licensee in a sensitive position having direct
994	contact with children, the developmentally disabled, the aged,
995	or the elderly as provided in s. 110.1127(3), s. 393.063, s.
996	394.4572(1), s. 397.451, s. 402.302(3), s. 402.313(3), s.
997	409.175(2)(i), s. 415.102(4), s. 415.103, s. 916.106(10) and
998	(13), s. 985.407, or chapter 400; or
999	6.  Is seeking to be employed or licensed by the Department
1000	of Education, any district school board, any university
1001	laboratory school, any charter school, any private or parochial
1002	school, or any local governmental entity that licenses child
1003	care facilities;.
1004	7.  Is attempting to purchase a firearm from a licensed
1005	importer, licensed manufacturer, or licensed dealer and is
1006	subject to a criminal history background check under state or
1007	federal law; or
1008	8.  Is seeking authorization from a Florida seaport
1009	identified in s. 311.09 for employment within or access to one
1010	or more of such seaports pursuant to s. 311.12 or s. 311.125.
1011	(b)  Subject to the exceptions in paragraph (a), a person
1012	who has been granted a sealing under this section, former s.
1013	893.14, former s. 901.33, or former s. 943.058 may not be held
1014	under any provision of law of this state to commit perjury or to
1015	be otherwise liable for giving a false statement by reason of
1016	such person's failure to recite or acknowledge a sealed criminal
1017	history record.
1018	(c)  Information relating to the existence of a sealed
1019	criminal record provided in accordance with the provisions of
1020	paragraph (a) is confidential and exempt from the provisions of
1021	s. 119.07(1) and s. 24(a), Art. I of the State Constitution,
1022	except that the department shall disclose the sealed criminal
1023	history record to the entities set forth in subparagraphs (a)1.,
1024	4., 5., and 6., and 8. for their respective licensing, access
1025	authorization, and employment purposes. It is unlawful for any
1026	employee of an entity set forth in subparagraph (a)1.,
1027	subparagraph (a)4., subparagraph (a)5., or subparagraph (a)6.,
1028	or subparagraph (a)8. to disclose information relating to the
1029	existence of a sealed criminal history record of a person
1030	seeking employment, access authorization, or licensure with such
1031	entity or contractor, except to the person to whom the criminal
1032	history record relates or to persons having direct
1033	responsibility for employment, access authorization, or
1034	licensure decisions. Any person who violates the provisions of
1035	this paragraph commits a misdemeanor of the first degree,
1036	punishable as provided in s. 775.082 or s. 775.083.
1037	(5)  STATUTORY REFERENCES.--Any reference to any other
1038	chapter, section, or subdivision of the Florida Statutes in this
1039	section constitutes a general reference under the doctrine of
1040	incorporation by reference.
1041	Section 12.  Subsection (5) of section 943.13, Florida
1042	Statutes, is amended to read:
1043	943.13  Officers' minimum qualifications for employment or
1044	appointment.--On or after October 1, 1984, any person employed
1045	or appointed as a full-time, part-time, or auxiliary law
1046	enforcement officer or correctional officer; on or after October
1047	1, 1986, any person employed as a full-time, part-time, or
1048	auxiliary correctional probation officer; and on or after
1049	October 1, 1986, any person employed as a full-time, part-time,
1050	or auxiliary correctional officer by a private entity under
1051	contract to the Department of Corrections, to a county
1052	commission, or to the Department of Management Services shall:
1053	(5)  Have documentation of his or her processed
1054	fingerprints on file with the employing agency or, if a private
1055	correctional officer, have documentation of his or her processed
1056	fingerprints on file with the Department of Corrections or the
1057	Criminal Justice Standards and Training Commission. If
1058	administrative delays are caused by the department or the
1059	Federal Bureau of Investigation and the person has complied with
1060	subsections (1)-(4) and (6)-(9), he or she may be employed or
1061	appointed for a period not to exceed 1 calendar year from the
1062	date he or she was employed or appointed or until return of the
1063	processed fingerprints documenting noncompliance with
1064	subsections (1)-(4) or subsection (7), whichever occurs first.
1065	Beginning December 15, 2005, the department shall retain and
1066	enter into the statewide automated fingerprint identification
1067	system authorized by s. 943.05 all fingerprints submitted to the
1068	department as required by this section. Thereafter, the
1069	fingerprints shall be available for all purposes and uses
1070	authorized for arrest fingerprint cards entered in the statewide
1071	automated fingerprint identification system pursuant to s.
1072	943.051. The department shall search all arrest fingerprint
1073	cards received pursuant to s. 943.051 against the fingerprints
1074	retained in the statewide automated fingerprint identification
1075	system pursuant to this section and report to the employing
1076	agency any arrest records that are identified with the retained
1077	employee's fingerprints. By January 1, 2007, a person who must
1078	meet minimum qualifications as provided in this section and
1079	whose fingerprints are not retained by the department pursuant
1080	to this section must be refingerprinted. These fingerprints must
1081	be forwarded to the department for processing and retention.
1082	Section 13.  Section 943.1715, Florida Statutes, is amended
1083	to read:
1084	943.1715  Basic skills training relating to diverse
1085	populations.--The commission shall establish and maintain
1086	standards for instruction of officers in the subject of
1087	interpersonal skills relating to diverse populations, with an
1088	emphasis on the awareness of cultural differences. Every basic
1089	skills course required in order for officers to obtain initial
1090	certification must include a minimum of 8 hours training in
1091	interpersonal skills with diverse populations.
1092	Section 14.  Section 943.1716, Florida Statutes, is amended
1093	to read:
1094	943.1716  Continued employment training relating to diverse
1095	populations.--The commission shall by rule require that each
1096	officer receive, as part of the 40 hours of required instruction
1097	for continued employment or appointment as an officer, 8 hours
1098	of instruction in the subject of interpersonal skills relating
1099	to diverse populations, with an emphasis on the awareness of
1100	cultural differences.
1101	Section 15.  Section 943.2569, Florida Statutes, is
1102	repealed.
1103	Section 16.  Section 943.257, Florida Statutes, is amended
1104	to read:
1105	943.257  Independent audit documentation subject to
1106	inspection.--The Criminal Justice Standards and Training
1107	Commission or a center's advisory board may inspect and copy any
1108	documents from the center as required to carry out the
1109	commission's or the respective board's oversight
1110	responsibilities, including information and documents related to
1111	applicant evaluations and center expenditures. In addition, the
1112	commission or board may inspect and copy the documentation of
1113	any internal or independent audits conducted by or on behalf of
1114	the centers to ensure that candidate and inservice officer
1115	assessments have been made and that expenditures are in
1116	conformance with the requirements of this act and with other
1117	applicable procedures.
1118	Section 17.  Subsections (1) and (3) of section 943.401,
1119	Florida Statutes, are amended to read:
1120	943.401  Public assistance fraud.--
1121	(1)(a)  The Department of Law Enforcement shall investigate
1122	all public assistance provided to residents of the state or
1123	provided to others by the state made under the provisions of
1124	chapter 409 or chapter 414. In the course of such investigation
1125	the Department of Law Enforcement shall examine all records,
1126	including electronic benefits transfer records and make inquiry
1127	of all persons who may have knowledge as to any irregularity
1128	incidental to the disbursement of public moneys, food stamps, or
1129	other items or benefits authorizations to recipients.
1130	(b)  All public assistance recipients, as a condition
1131	precedent to qualification for public assistance under the
1132	provisions of chapter 409 or chapter 414, shall first give in
1133	writing, to the Agency for Health Care Administration, the
1134	Department of Health, the Agency for Workforce Innovation, and
1135	the Department of Children and Family Services, as appropriate,
1136	and to the Department of Law Enforcement, consent to make
1137	inquiry of past or present employers and records, financial or
1138	otherwise.
1139	(3)  The results of such investigation shall be reported by
1140	the Department of Law Enforcement to the appropriate legislative
1141	committees, the Agency for Health Care Administration, the
1142	Department of Health, the Agency for Workforce Innovation, and
1143	the Department of Children and Family Services, and to such
1144	others as the Department of Law Enforcement may determine.
1145	Section 18.  Authority to purchase goodwill and promotional
1146	materials.--
1147	(1)  The Legislature recognizes that the department
1148	functions as one of the state's primary law enforcement
1149	representatives in national and international meetings,
1150	conferences, and cooperative efforts. The department often hosts
1151	delegates from other federal, state, local, and international
1152	agencies and is in a position to function as a representative of
1153	the state fostering goodwill and effective interagency working
1154	relationships. It is the intent of the Legislature that the
1155	department be allowed, consistent with the dignity and integrity
1156	of the state, to purchase and distribute material and items of
1157	collection to those with whom the department has contact in
1158	meetings, conferences, and cooperative efforts.
1159	(2)  In addition to expenditures separately authorized by
1160	law, the department may expend not more than $5,000 annually to
1161	purchase and distribute promotional materials or items that
1162	serve to advance with dignity and integrity the goodwill of this
1163	state and the department and to provide basic refreshments at
1164	official functions, seminars, or meetings of the department in
1165	which dignitaries or representatives from the Federal
1166	Government, other states or nationalities, or other agencies are
1167	in attendance.
1168	Section 19.  Unauthorized use of Department of Law
1169	Enforcement emblems or names prohibited.--
1170	(1)  Whoever, except with the written permission of the
1171	executive director of the department or as otherwise expressly
1172	authorized by the department, knowingly uses the words "Florida
1173	Department of Law Enforcement," the initials "F.D.L.E." or
1174	"FDLE," or the words "Florida Capitol Police," or any colorable
1175	imitation of such words or initials, or who uses a logo or
1176	emblem used by the department in connection with any
1177	advertisement, circular, book, pamphlet, or other publication,
1178	play, motion picture, broadcast, telecast, or other production,
1179	in any Internet web page or upon any product in a manner
1180	reasonably calculated to convey the impression that such
1181	advertisement, circular, book, pamphlet, or other publication,
1182	play, motion picture, broadcast, telecast, or other production,
1183	Internet web page, or product is approved, endorsed, or
1184	authorized by the Department of Law Enforcement commits a
1185	misdemeanor of the first degree, punishable as provided in s.
1186	775.082 or s. 775.083, Florida Statutes.
1187	(2)  A violation of this section may be enjoined upon suit
1188	by the department or the Department of Legal Affairs upon
1189	complaint filed in any court of competent jurisdiction.
1190	Section 20.  Except as otherwise provided herein, this act
1191	shall take effect July 1, 2005.

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