HB 645

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. 68.07, F.S.;
52requiring a set of fingerprints as part of a name change
53petition; amending s. 943.05, F.S.; authorizing the
54department to retain fingerprints in certain circumstances
55and use retained fingerprints for certain purposes;
56providing for an annual fee; amending s. 943.053, F.S.;
57requiring the department to make certain information
58available to judges; limiting use of information;
59authorizing a criminal justice agency to obtain a criminal
60history background check of a noncertified agency employee
61by submitting fingerprints to the department; requiring
62the department to adopt rules setting a fee for conducting
63the criminal history background search and establishing
64procedures; requiring that the criminal history check be
65provided by the department in certain circumstances;
66amending s. 943.0585, F.S.; prohibiting a court from
67expunging a criminal history record containing certain
68sexual offenses or certain offenses that require
69registration as a sexual offender; requiring a valid
70certificate of eligibility for expunction in a petition to
71expunge a criminal history record; specifying the time
72during which a certificate of eligibility for expunction
73is valid; requiring that a trial may not have occurred in
74order for a person to obtain a statement from the state
75attorney authorizing the expunction of a criminal record;
76authorizing a person who has secured a prior sealing or
77expunction of a criminal history record to seek a
78certificate of eligibility for expunction if the criminal
79history record was previously sealed for a certain number
80of years and is otherwise eligible for expunction;
81providing that a person who is seeking authorization for
82employment within or access to a seaport may not deny or
83fail to acknowledge arrests covered by expunged records;
84providing that the department may acknowledge expunged
85criminal history records under certain circumstances;
86amending s. 943.059, F.S.; enumerating certain sexual
87offenses and offenses that require registration as a
88sexual offender which may not be sealed; requiring a valid
89certificate of eligibility for sealing in a petition to
90seal a criminal history record; specifying the period
91during which a certificate of eligibility for sealing is
92valid; providing that the information contained in a
93sealed criminal record is available to a criminal justice
94agency for the purpose of conducting a criminal history
95background check for approval of a firearms purchase or
96transfer; prohibiting a person from denying arrests
97covered by his or her sealed criminal record when
98attempting to purchase a firearm; providing that a person
99who is seeking authorization for employment within or
100access to a seaport may not deny or fail to acknowledge
101arrests covered by sealed records; providing that the
102department may acknowledge sealed criminal history records
103under certain circumstances; amending s. 943.13, F.S.;
104requiring the department to enter fingerprints into a
105statewide automated fingerprint identification system;
106requiring the department to search each arrest fingerprint
107card received against fingerprints retained in the
108statewide automated fingerprint identification system;
109providing for refingerprinting by a certain date; amending
110ss. 943.1715 and 943.1716, F.S.; deleting the minimum
111number of hours required for basic skills training and
112continued employment training relating to diverse
113populations for law enforcement officers; repealing s.
114943.2569, F.S., relating to an annual financial audit of
115criminal justice selection centers; amending s. 943.257,
116F.S.; authorizing the Criminal Justice Standards and
117Training Commission and the advisory board of a criminal
118justice selection center to inspect and copy any documents
119from a center in order to carry out oversight
120responsibilities, including documents pertaining to any
121internal or independent audits; amending s. 943.401, F.S.;
122requiring the department to investigate all public
123assistance that is provided by the state; requiring public
124assistance recipients to consent in writing to an
125investigation into their employment and financial
126histories by the Agency for Workforce Innovation;
127requiring the department to report the results of the
128investigations to the Agency for Workforce Innovation;
129authorizing the department to purchase goodwill and
130promotional materials; limiting the annual amount of such
131expenditures; prohibiting the unauthorized use of the
132department's emblems and names; providing a penalty;
133providing effective dates.
134
135Be It Enacted by the Legislature of the State of Florida:
136
137     Section 1.  Effective February 1, 2006, paragraph (a) of
138subsection (2) of section 790.065, Florida Statutes, is amended
139to read:     
140     790.065  Sale and delivery of firearms.--
141     (2)  Upon receipt of a request for a criminal history
142record check, the Department of Law Enforcement shall, during
143the licensee's call or by return call, forthwith:
144     (a)  Review criminal history records and other records that
145have been provided to the department to determine if the
146potential buyer or transferee:
147     1.  Has been convicted of a felony and is prohibited from
148receipt or possession of a firearm pursuant to s. 790.23;
149     2.  Has been convicted of a misdemeanor crime of domestic
150violence, and therefore is prohibited from purchasing a firearm;
151or
152     3.  Has had adjudication of guilt withheld or imposition of
153sentence suspended on any felony or misdemeanor crime of
154domestic violence unless 3 years have elapsed since probation or
155any other conditions set by the court have been fulfilled or
156expunction has occurred; or.
157     4.  Has been adjudicated mentally defective or has been
158committed to a mental institution by a court and as a result is
159prohibited by federal law from purchasing a firearm.
160     a.  As used in this subparagraph, "adjudicated mentally
161defective" means a determination by a court that a person, as a
162result of marked subnormal intelligence, or mental illness,
163incompetency, condition, or disease, is a danger to himself or
164herself or to others or lacks the mental capacity to contract or
165manage his or her own affairs. The phrase shall include a
166judicial finding of incapacity under s. 744.331(6)(a), an
167acquittal by reason of insanity of a person charged with a
168criminal offense, and a judicial finding that a criminal
169defendant is not competent to stand trial.
170     b.  As used in this subparagraph, "committed to a mental
171institution" means involuntary commitment, commitment for mental
172defectiveness or mental illness, and commitment for substance
173abuse. The phrase shall include involuntary inpatient placement
174as defined in s. 394.467, involuntary assessment and
175stabilization under s. 397.6818, and involuntary substance abuse
176treatment under s. 397.6957, but shall not include a person in a
177mental institution for observation or discharged from a mental
178institution based upon the initial review by the physician or a
179voluntary admission to a mental institution.
180     c.  In order to check for these conditions, the department
181shall compile and maintain an automated database of persons who
182are prohibited from purchasing a firearm based on court records
183of adjudications of mental defectiveness or commitments to
184mental institutions. Clerks of court are required to submit
185these records to the department within one month of the
186rendition of the adjudication or commitment. Reports may be
187submitted in an automated format. The reports must, at a
188minimum, include the name, along with any known alias or former
189name, the sex, and the date of birth of the subject. The
190department shall delete any mental health record from the
191database upon request of an individual, when 5 years have
192elapsed since the individual's restoration to capacity by court
193order after being adjudicated an incapacitated person under s.
194744.331, or similar laws of any other state; or, in the case of
195an individual who was previously committed to a mental
196institution under chapter 394, or similar laws of any other
197state, when the individual produces a certificate from a
198licensed psychiatrist that he or she has not suffered from
199disability for at least 5 years prior to the date of request for
200removal of the record. Where the department has received a
201subsequent record of an adjudication of mental defectiveness or
202commitment to a mental institution for such individual, the 5-
203year timeframe would be calculated from the most recent
204adjudication of incapacitation or commitment.
205     d.  The department is authorized to disclose the collected
206data to agencies of the Federal Government and other states for
207use exclusively in determining the lawfulness of a firearm sale
208or transfer. The department is also authorized to disclose any
209applicable collected data to the Department of Agriculture and
210Consumer Services for determination of eligibility for issuance
211of a concealed weapons or concealed firearms license upon
212receipt of an applicant fingerprint submission forwarded
213pursuant to s. 790.06(6)(a). When a potential buyer or
214transferee appeals a nonapproval based on these records, the
215clerks of court and mental institutions shall, upon request by
216the department, provide information to help determine whether
217the potential buyer or transferee is the same person as the
218subject of the record. Photographs and any other data that could
219confirm or negate identity must be made available to the
220department for such purposes, notwithstanding any other
221provision of state law to the contrary. Any such information
222which is made confidential or exempt from disclosure by law
223shall retain such confidential or exempt status when transferred
224to the department.
225     Section 2.  Subsections (4) and (5) of section 914.25,
226Florida Statutes, are amended to read:
227     914.25  Protective services for certain victims and
228witnesses.--
229     (4)(a)  When a victim or witness is certified as provided
230in subsection (3), a law enforcement agency, in consultation
231with the certifying state attorney or the statewide prosecutor,
232may provide appropriate protective services. If a victim or
233witness needs to be temporarily relocated, the statewide
234prosecutor or the state attorney must notify the Department of
235Law Enforcement. The Department of Law Enforcement, in
236consultation with the statewide prosecutor or the state
237attorney, and any other law enforcement agency involved in the
238criminal investigation or prosecution, shall coordinate the
239temporary relocation of the victim or witness.
240     (b)  Protective services, including temporary relocation
241services, may initially be provided for up to 1 year or until
242the risk giving rise to the certification has diminished,
243whichever occurs sooner. If deemed necessary, The statewide
244prosecutor or the state attorney may, at the end of the
245certification year, recertify a victim or witness at risk of
246harm for an additional period of up to 1 year or until the risk
247giving rise to the certification has diminished, whichever
248occurs first. A victim or witness at risk of harm may be
249certified and recertified annually as provided in this section
250to provide a maximum of 4 years of eligibility for protective
251services.
252     (5)  The lead law enforcement agency that provides
253protective services, as authorized in this section, may seek
254reimbursement for its reasonable expenses from the Victim and
255Witness Protection Review Committee, pursuant to the provisions
256of s. 943.031. This section does not prevent any law enforcement
257agency from providing protective services at the agency's
258expense beyond the 4-year maximum period established in this
259section. Any such additional expenditures for protective
260services are not eligible for the reimbursement provided in this
261section.
262     Section 3.  Subsection (3) is added to section 937.021,
263Florida Statutes, to read:
264     937.021  Missing child reports.--
265     (3)(a)  Upon receiving a request to record, report,
266transmit, display, or release Amber Alert or Missing Child Alert
267information from the law enforcement agency having jurisdiction
268over the missing or endangered child, the Department of Law
269Enforcement as the state Amber Alert coordinator; any state or
270local law enforcement agency and the personnel of these
271agencies; any radio or television network, broadcaster, or other
272media representative; or any agency, employee, individual, or
273entity is immune from civil liability for damages for complying
274in good faith with the request, and is presumed to have acted in
275good faith in recording, reporting, transmitting, displaying, or
276releasing Amber Alert or Missing Child Alert information
277pertaining to such child.
278     (b)  The presumption of good faith is not overcome if a
279technical or clerical error is made by any such agency,
280employee, individual, or entity acting at the request of the
281local law enforcement agency having jurisdiction, or if the
282Amber Alert or Missing Child Alert information is incomplete or
283incorrect because the information received from the local law
284enforcement agency was incomplete or incorrect.
285     (c)  This subsection or any other provision of law does not
286create a duty of the agency, employee, individual, or entity to
287record, report, transmit, display, or release the Amber Alert or
288Missing Child Alert information received from the local law
289enforcement agency having jurisdiction. The decision to record,
290report, transmit, display, or release information is
291discretionary with the agency, employee, individual, or entity
292receiving that information from the local law enforcement agency
293having jurisdiction.
294     Section 4.  Section 938.07, Florida Statutes, is amended to
295read:
296     938.07  Driving or boating under the
297influence.--Notwithstanding any other provision of s. 316.193 or
298s. 327.35, a court cost of $135 shall be added to any fine
299imposed pursuant to s. 316.193 or s. 327.35. The clerks shall
300remit the funds to the Department of Revenue, $25 of which shall
301be deposited in the Emergency Medical Services Trust Fund, $50
302shall be deposited in the Operating Criminal Justice Standards
303and Training Trust Fund of the Department of Law Enforcement to
304be used for operational expenses in conducting the statewide
305criminal analysis laboratory system established in s. 943.32,
306and $60 shall be deposited in the Brain and Spinal Cord Injury
307Rehabilitation Trust Fund created in s. 381.79.
308     Section 5.  Subsection (7) of section 938.27, Florida
309Statutes, is amended to read:
310     938.27  Judgment for costs on conviction.--
311     (7)  Investigative costs that which are recovered shall be
312returned to the appropriate investigative agency that which
313incurred the expense. Such costs shall include actual expenses
314incurred in conducting the investigation and prosecution of the
315criminal case; however, costs may also include the salaries of
316permanent employees. Any investigative costs recovered on behalf
317of a state agency must be remitted to the Department of Revenue
318for deposit in the agency operating trust fund, and a report of
319the payment must be sent to the agency, except that any
320investigative costs recovered on behalf of the Department of Law
321Enforcement shall be deposited in the department's Forfeiture
322and Investigative Support Trust Fund under s. 943.362.
323     Section 6.  Subsection (2) of section 943.052, Florida
324Statutes, is amended to read:
325     943.052  Disposition reporting.--The Criminal Justice
326Information Program shall, by rule, establish procedures and a
327format for each criminal justice agency to monitor its records
328and submit reports, as provided by this section, to the program.  
329The disposition report shall be developed by the program and
330shall include the offender-based transaction system number.
331     (2)  Each clerk of the court shall submit the uniform
332dispositions to the program or in a manner acceptable to the
333program. The report shall be submitted at least once a month
334and, when acceptable by the program, may be submitted in an
335automated format. The disposition report is mandatory for
336dispositions relating to adult offenders only. Beginning July 1,
3372008, a disposition report for each disposition relating to a
338minor offender is mandatory.
339     Section 7.  Subsections (2) and (5) of section 68.07,
340Florida Statutes, are amended to read:
341     68.07  Change of name.--
342     (2)  The petition shall include a set copy of the
343petitioner's fingerprints taken by a law enforcement agency
344except where a former name is being restored and be verified and
345show:
346     (a)  That petitioner is a bona fide resident of and
347domiciled in the county where the change of name is sought.
348     (b)  If known, the date and place of birth of petitioner,
349petitioner's father's name, mother's maiden name, and where
350petitioner has resided since birth.
351     (c)  If petitioner is married, the name of petitioner's
352spouse and if petitioner has children, the names and ages of
353each and where they reside.
354     (d)  If petitioner's name has previously been changed and
355when and where and by what court.
356     (e)  Petitioner's occupation and where petitioner is
357employed and has been employed for 5 years next preceding filing
358of the petition. If petitioner owns and operates a business, the
359name and place of it shall be stated and petitioner's connection
360therewith and how long petitioner has been identified with said
361business. If petitioner is in a profession, the profession shall
362be stated, where the petitioner has practiced the profession and
363if a graduate of a school or schools, the name or names thereof,
364time of graduation, and degrees received.
365     (f)  Whether the petitioner has been generally known or
366called by any other names and if so, by what names and where.
367     (g)  Whether petitioner has ever been adjudicated a
368bankrupt and if so, where and when.
369     (h)  Whether petitioner has ever been arrested for or
370charged with, pled guilty or nolo contendere to, or been found
371to have committed a criminal offense, regardless of
372adjudication, and if so, when and where.
373     (i)  Whether any money judgment has ever been entered
374against petitioner and if so, the name of the judgment creditor,
375the amount and date thereof, the court by which entered, and
376whether the judgment has been satisfied.
377     (j)  That the petition is filed for no ulterior or illegal
378purpose and granting it will not in any manner invade the
379property rights of others, whether partnership, patent, good
380will, privacy, trademark, or otherwise.
381     (k)  That the petitioner's civil rights have never been
382suspended, or if the petitioner's civil rights have been
383suspended, that full restoration of civil rights has occurred.
384     (5)  The clerk must, upon the filing of the final judgment,
385send a report of the judgment to the Department of Law
386Enforcement on a form to be furnished by that department. The
387Department of Law Enforcement must send a copy of the report to
388the Department of Highway Safety and Motor Vehicles, which may
389be delivered by electronic transmission. The report must contain
390sufficient information to identify the petitioner, including a
391set copy of the petitioner's fingerprints taken by a law
392enforcement agency, the new name of the petitioner, and the file
393number of the judgment. Any information retained by the
394Department of Law Enforcement and the Department of Highway
395Safety and Motor Vehicles may be revised or supplemented by said
396departments to reflect changes made by the final judgment. With
397respect to a person convicted of a felony in another state or of
398a federal offense, the Department of Law Enforcement must send
399the report to the respective state's office of law enforcement
400records or to the office of the Federal Bureau of Investigation.
401The Department of Law Enforcement may forward the report to any
402other law enforcement agency it believes may retain information
403related to the petitioner. Any costs associated with
404fingerprinting must be paid by the petitioner.
405     Section 8.  Paragraphs (g) and (h) are added to subsection
406(2) of section 943.05, Florida Statutes, to read:
407     943.05  Criminal Justice Information Program; duties; crime
408reports.--
409     (2)  The program shall:
410     (g)  As authorized by law, retain fingerprints submitted by
411criminal and noncriminal justice agencies to the department for
412a criminal history background screening in a manner provided by
413rule, and enter the fingerprints in the statewide automated
414fingerprint identification system authorized by paragraph (b).
415Such fingerprints shall thereafter be available for all purposes
416and uses authorized for arrest fingerprint cards entered into
417the statewide automated fingerprint identification system
418pursuant to s. 943.051.
419     (h)  As authorized by law, search all arrest fingerprint
420cards received under s. 943.051 against the fingerprints
421retained in the statewide automated fingerprint identification
422system under paragraph (g). Any arrest record that is identified
423with the retained fingerprints of a person subject to background
424screening as provided in paragraph (g) shall be reported to the
425appropriate agency. Agencies may participate in this search
426process by payment of an annual fee to the department and by
427informing the department of any change in the affiliation,
428employment, or contractual status or place of affiliation,
429employment, or contracting of the persons whose fingerprints are
430retained under paragraph (g). The department shall adopt a rule
431setting the amount of the annual fee to be imposed upon each
432participating agency for performing these searches and
433establishing the procedures for the retention of fingerprints
434and the dissemination of search results. The fee may be borne as
435provided by law.
436     Section 9.  Subsections (5) through (9) of section 943.053,
437Florida Statutes, are renumbered as subsections (6) through
438(10), respectively, and new subsections (5), (11), and (12) are
439added to said section, to read:
440     943.053  Dissemination of criminal justice information;
441fees.--
442     (5)  Notwithstanding the provisions of s. 943.0525, and any
443user agreements adopted pursuant thereto, and notwithstanding
444the confidentiality of sealed records as provided for in s.
445943.059, the department shall make online access to Florida
446criminal justice information available to each judge in the
447state courts system for the purpose of assisting judges in their
448case-related decisionmaking responsibilities. Such online access
449shall be provided without charge to the state court system.
450Sealed records received by the courts under this section remain
451confidential and exempt from the provisions of s. 119.07(1). The
452information provided pursuant to this section shall not take the
453place of any information required to be provided to the courts
454by any other agency or entity. Information provided under this
455section shall be used only for the official court business for
456which it was requested and may not be further disseminated.
457     (11)  A criminal justice agency that is authorized under
458federal rules or law to conduct a criminal history background
459check on an agency employee who is not certified by the Criminal
460Justice Standards and Training Commission under s. 943.12 may
461submit to the department the fingerprints of the noncertified
462employee to obtain state and national criminal history
463information. Effective December 15, 2005, the fingerprints
464submitted shall be retained and entered in the statewide
465automated fingerprint identification system authorized by s.
466943.05 and shall be available for all purposes and uses
467authorized for arrest fingerprint cards entered in the statewide
468automated fingerprint identification system pursuant to s.
469943.051. The department shall search all arrest fingerprint
470cards received pursuant to s. 943.051 against the fingerprints
471retained in the statewide automated fingerprint identification
472system pursuant to this section. In addition to all purposes and
473uses authorized for arrest fingerprint cards for which submitted
474fingerprints may be used, any arrest record that is identified
475with the retained employee fingerprints must be reported to the
476submitting employing agency. The department shall adopt rules
477setting the amount of the fee to be imposed upon each submitting
478agency for performing searches and for establishing procedures
479for retaining the fingerprints and disseminating search results
480to a submitting agency.
481     (12)  Notwithstanding any other provision of law, when a
482criminal history check or a duty to disclose the absence of a
483criminal history check is mandated by state law, or when a
484privilege or benefit is conferred by state law in return for
485exercising an option of conducting a criminal history check, the
486referenced criminal history check, whether it is an initial or
487renewal check, shall include a Florida criminal history provided
488by the department as set forth in this section. Such Florida
489criminal history information may be provided by a private vendor
490only if that information is directly obtained from the
491department for each request. When a national criminal history
492check is required or authorized by state law, the national
493criminal history check shall be submitted by and through the
494department in the manner established by the department for such
495checks, unless otherwise required by federal law. The fee for
496criminal history information as established by state law or, in
497the case of national checks, by the Federal Government, shall be
498borne by the person or entity submitting the request, or as
499provided by law. Criminal history information provided by any
500other governmental entity of this state or any private entity
501shall not be substituted for criminal history information
502provided by the department when the criminal history check or a
503duty to disclose the absence of a criminal history check is
504required by statute or is made a condition of a privilege or
505benefit by law.
506     Section 10.  Section 943.0585, Florida Statutes, is amended
507to read:
508     943.0585  Court-ordered expunction of criminal history
509records.--The courts of this state have jurisdiction over their
510own procedures, including the maintenance, expunction, and
511correction of judicial records containing criminal history
512information to the extent such procedures are not inconsistent
513with the conditions, responsibilities, and duties established by
514this section. Any court of competent jurisdiction may order a
515criminal justice agency to expunge the criminal history record
516of a minor or an adult who complies with the requirements of
517this section. The court shall not order a criminal justice
518agency to expunge a criminal history record until the person
519seeking to expunge a criminal history record has applied for and
520received a certificate of eligibility for expunction pursuant to
521subsection (2). A criminal history record that relates to a
522violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794,
523s. 796.03, s. 800.04, s. 810.14, s. 817.034, s. 825.1025, s.
524827.071, chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s.
525893.135, s. 916.1075, or a violation enumerated in s. 907.041,
526or any violation specified as a predicate offense for
527registration as a sexual predator pursuant to s. 775.21, without
528regard to whether that offense alone is sufficient to require
529such registration, or for registration as a sexual offender
530pursuant to s. 943.0435, may not be expunged, without regard to
531whether adjudication was withheld, if the defendant was found
532guilty of or pled guilty or nolo contendere to the offense, or
533if the defendant, as a minor, was found to have committed, or
534pled guilty or nolo contendere to committing, the offense as a
535delinquent act. The court may only order expunction of a
536criminal history record pertaining to one arrest or one incident
537of alleged criminal activity, except as provided in this
538section. The court may, at its sole discretion, order the
539expunction of a criminal history record pertaining to more than
540one arrest if the additional arrests directly relate to the
541original arrest. If the court intends to order the expunction of
542records pertaining to such additional arrests, such intent must
543be specified in the order. A criminal justice agency may not
544expunge any record pertaining to such additional arrests if the
545order to expunge does not articulate the intention of the court
546to expunge a record pertaining to more than one arrest. This
547section does not prevent the court from ordering the expunction
548of only a portion of a criminal history record pertaining to one
549arrest or one incident of alleged criminal activity.
550Notwithstanding any law to the contrary, a criminal justice
551agency may comply with laws, court orders, and official requests
552of other jurisdictions relating to expunction, correction, or
553confidential handling of criminal history records or information
554derived therefrom. This section does not confer any right to the
555expunction of any criminal history record, and any request for
556expunction of a criminal history record may be denied at the
557sole discretion of the court.
558     (1)  PETITION TO EXPUNGE A CRIMINAL HISTORY RECORD.--Each
559petition to a court to expunge a criminal history record is
560complete only when accompanied by:
561     (a)  A valid certificate of eligibility for expunction
562issued by the department pursuant to subsection (2).
563     (b)  The petitioner's sworn statement attesting that the
564petitioner:
565     1.  Has never, prior to the date on which the petition is
566filed, been adjudicated guilty of a criminal offense or
567comparable ordinance violation, or been adjudicated delinquent
568for committing any a felony or a misdemeanor specified in s.
569943.051(3)(b).
570     2.  Has not been adjudicated guilty of, or adjudicated
571delinquent for committing, any of the acts stemming from the
572arrest or alleged criminal activity to which the petition
573pertains.
574     3.  Has never secured a prior sealing or expunction of a
575criminal history record under this section, former s. 893.14,
576former s. 901.33, or former s. 943.058, or from any jurisdiction
577outside the state.
578     4.  Is eligible for such an expunction to the best of his
579or her knowledge or belief and does not have any other petition
580to expunge or any petition to seal pending before any court.
581
582Any person who knowingly provides false information on such
583sworn statement to the court commits a felony of the third
584degree, punishable as provided in s. 775.082, s. 775.083, or s.
585775.084.
586     (2)  CERTIFICATE OF ELIGIBILITY FOR EXPUNCTION.--Prior to
587petitioning the court to expunge a criminal history record, a
588person seeking to expunge a criminal history record shall apply
589to the department for a certificate of eligibility for
590expunction. The department shall, by rule adopted pursuant to
591chapter 120, establish procedures pertaining to the application
592for and issuance of certificates of eligibility for expunction.
593A certificate of eligibility for expunction is valid for 12
594months after the date stamped on the certificate when issued by
595the department. After that time, the petitioner must reapply to
596the department for a new certificate of eligibility. Eligibility
597for a renewed certification of eligibility must be based on the
598status of the applicant and the law in effect at the time of the
599most recent application. The department shall issue a
600certificate of eligibility for expunction to a person who is the
601subject of a criminal history record if that person:
602     (a)  Has obtained, and submitted to the department, a
603written, certified statement from the appropriate state attorney
604or statewide prosecutor which indicates:
605     1.  That an indictment, information, or other charging
606document was not filed or issued in the case.
607     2.  That an indictment, information, or other charging
608document, if filed or issued in the case, was dismissed or nolle
609prosequi by the state attorney or statewide prosecutor, or was
610dismissed by a court of competent jurisdiction, and that none of
611the charges related to the arrest or alleged criminal activity
612to which the petition to expunge pertains resulted in a trial,
613without regard to whether the outcome of the trial was other
614than an adjudication of guilt.
615     3.  That the criminal history record does not relate to a
616violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794,
617s. 796.03, s. 800.04, s. 810.14, s. 817.034, s. 825.1025, s.
618827.071, chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s.
619893.135, s. 916.1075, or a violation enumerated in s. 907.041,
620or any violation specified as a predicate offense for
621registration as a sexual predator pursuant to s. 775.21, without
622regard to whether that offense alone is sufficient to require
623such registration, or for registration as a sexual offender
624pursuant to s. 943.0435, where the defendant was found guilty
625of, or pled guilty or nolo contendere to any such offense, or
626that the defendant, as a minor, was found to have committed, or
627pled guilty or nolo contendere to committing, such an offense as
628a delinquent act, without regard to whether adjudication was
629withheld.
630     (b)  Remits a $75 processing fee to the department for
631placement in the Department of Law Enforcement Operating Trust
632Fund, unless such fee is waived by the executive director.
633     (c)  Has submitted to the department a certified copy of
634the disposition of the charge to which the petition to expunge
635pertains.
636     (d)  Has never, prior to the date on which the application
637for a certificate of eligibility is filed, been adjudicated
638guilty of a criminal offense or comparable ordinance violation,
639or been adjudicated delinquent for committing any a felony or a
640misdemeanor specified in s. 943.051(3)(b).
641     (e)  Has not been adjudicated guilty of, or adjudicated
642delinquent for committing, any of the acts stemming from the
643arrest or alleged criminal activity to which the petition to
644expunge pertains.
645     (f)  Has never secured a prior sealing or expunction of a
646criminal history record under this section, former s. 893.14,
647former s. 901.33, or former s. 943.058, unless expunction is
648sought of a criminal history record previously sealed for 10
649years pursuant to paragraph (h) and the record is otherwise
650eligible for expunction.
651     (g)  Is no longer under court supervision applicable to the
652disposition of the arrest or alleged criminal activity to which
653the petition to expunge pertains.
654     (h)  Has previously obtained a court order sealing the
655record under this section, former s. 893.14, former s. 901.33,
656or former s. 943.058 for a minimum of 10 years because
657adjudication was withheld or because all charges related to the
658arrest or alleged criminal activity to which the petition to
659expunge pertains were not dismissed prior to trial, without
660regard to whether the outcome of the trial was other than an
661adjudication of guilt. The requirement for the record to have
662previously been sealed for a minimum of 10 years does not apply
663when a plea was not entered or all charges related to the arrest
664or alleged criminal activity to which the petition to expunge
665pertains were dismissed prior to trial. Is not required to wait
666a minimum of 10 years prior to being eligible for an expunction
667of such records because all charges related to the arrest or
668criminal activity to which the petition to expunge pertains were
669dismissed prior to trial, adjudication, or the withholding of
670adjudication. Otherwise, such criminal history record must be
671sealed under this section, former s. 893.14, former s. 901.33,
672or former s. 943.058 for at least 10 years before such record is
673eligible for expunction.
674     (3)  PROCESSING OF A PETITION OR ORDER TO EXPUNGE.--
675     (a)  In judicial proceedings under this section, a copy of
676the completed petition to expunge shall be served upon the
677appropriate state attorney or the statewide prosecutor and upon
678the arresting agency; however, it is not necessary to make any
679agency other than the state a party. The appropriate state
680attorney or the statewide prosecutor and the arresting agency
681may respond to the court regarding the completed petition to
682expunge.
683     (b)  If relief is granted by the court, the clerk of the
684court shall certify copies of the order to the appropriate state
685attorney or the statewide prosecutor and the arresting agency.
686The arresting agency is responsible for forwarding the order to
687any other agency to which the arresting agency disseminated the
688criminal history record information to which the order pertains.
689The department shall forward the order to expunge to the Federal
690Bureau of Investigation. The clerk of the court shall certify a
691copy of the order to any other agency which the records of the
692court reflect has received the criminal history record from the
693court.
694     (c)  For an order to expunge entered by a court prior to
695July 1, 1992, the department shall notify the appropriate state
696attorney or statewide prosecutor of an order to expunge which is
697contrary to law because the person who is the subject of the
698record has previously been convicted of a crime or comparable
699ordinance violation or has had a prior criminal history record
700sealed or expunged. Upon receipt of such notice, the appropriate
701state attorney or statewide prosecutor shall take action, within
70260 days, to correct the record and petition the court to void
703the order to expunge. The department shall seal the record until
704such time as the order is voided by the court.
705     (d)  On or after July 1, 1992, the department or any other
706criminal justice agency is not required to act on an order to
707expunge entered by a court when such order does not comply with
708the requirements of this section. Upon receipt of such an order,
709the department must notify the issuing court, the appropriate
710state attorney or statewide prosecutor, the petitioner or the
711petitioner's attorney, and the arresting agency of the reason
712for noncompliance. The appropriate state attorney or statewide
713prosecutor shall take action within 60 days to correct the
714record and petition the court to void the order. No cause of
715action, including contempt of court, shall arise against any
716criminal justice agency for failure to comply with an order to
717expunge when the petitioner for such order failed to obtain the
718certificate of eligibility as required by this section or such
719order does not otherwise comply with the requirements of this
720section.
721     (4)  EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.--Any
722criminal history record of a minor or an adult which is ordered
723expunged by a court of competent jurisdiction pursuant to this
724section must be physically destroyed or obliterated by any
725criminal justice agency having custody of such record; except
726that any criminal history record in the custody of the
727department must be retained in all cases. A criminal history
728record ordered expunged that is retained by the department is
729confidential and exempt from the provisions of s. 119.07(1) and
730s. 24(a), Art. I of the State Constitution and not available to
731any person or entity except upon order of a court of competent
732jurisdiction. A criminal justice agency may retain a notation
733indicating compliance with an order to expunge.
734     (a)  The person who is the subject of a criminal history
735record that is expunged under this section or under other
736provisions of law, including former s. 893.14, former s. 901.33,
737and former s. 943.058, may lawfully deny or fail to acknowledge
738the arrests covered by the expunged record, except when the
739subject of the record:
740     1.  Is a candidate for employment with a criminal justice
741agency;
742     2.  Is a defendant in a criminal prosecution;
743     3.  Concurrently or subsequently petitions for relief under
744this section or s. 943.059;
745     4.  Is a candidate for admission to The Florida Bar;
746     5.  Is seeking to be employed or licensed by or to contract
747with the Department of Children and Family Services or the
748Department of Juvenile Justice or to be employed or used by such
749contractor or licensee in a sensitive position having direct
750contact with children, the developmentally disabled, the aged,
751or the elderly as provided in s. 110.1127(3), s. 393.063, s.
752394.4572(1), s. 397.451, s. 402.302(3), s. 402.313(3), s.
753409.175(2)(i), s. 415.102(4), s. 916.106(10) and (13), s.
754985.407, or chapter 400; or
755     6.  Is seeking to be employed or licensed by the Department
756of Education, any district school board, any university
757laboratory school, any charter school, any private or parochial
758school, or any local governmental entity that licenses child
759care facilities; or
760     7.  Is seeking authorization from a Florida seaport
761identified in s. 311.09 for employment within or access to one
762or more of such seaports pursuant to s. 311.12 or s. 311.125.
763     (b)  Subject to the exceptions in paragraph (a), a person
764who has been granted an expunction under this section, former s.
765893.14, former s. 901.33, or former s. 943.058 may not be held
766under any provision of law of this state to commit perjury or to
767be otherwise liable for giving a false statement by reason of
768such person's failure to recite or acknowledge an expunged
769criminal history record.
770     (c)  Information relating to the existence of an expunged
771criminal history record which is provided in accordance with
772paragraph (a) is confidential and exempt from the provisions of
773s. 119.07(1) and s. 24(a), Art. I of the State Constitution,
774except that the department shall disclose the existence of a
775criminal history record ordered expunged to the entities set
776forth in subparagraphs (a)1., 4., 5., and 6., and 7. for their
777respective licensing, access authorization, and employment
778purposes, and to criminal justice agencies for their respective
779criminal justice purposes. It is unlawful for any employee of an
780entity set forth in subparagraph (a)1., subparagraph (a)4.,
781subparagraph (a)5., or subparagraph (a)6., or subparagraph(a)7.
782to disclose information relating to the existence of an expunged
783criminal history record of a person seeking employment, access
784authorization, or licensure with such entity or contractor,
785except to the person to whom the criminal history record relates
786or to persons having direct responsibility for employment,
787access authorization, or licensure decisions. Any person who
788violates this paragraph commits a misdemeanor of the first
789degree, punishable as provided in s. 775.082 or s. 775.083.
790     (5)  STATUTORY REFERENCES.--Any reference to any other
791chapter, section, or subdivision of the Florida Statutes in this
792section constitutes a general reference under the doctrine of
793incorporation by reference.
794     Section 11.  Section 943.059, Florida Statutes, is amended
795to read:
796     943.059  Court-ordered sealing of criminal history
797records.--The courts of this state shall continue to have
798jurisdiction over their own procedures, including the
799maintenance, sealing, and correction of judicial records
800containing criminal history information to the extent such
801procedures are not inconsistent with the conditions,
802responsibilities, and duties established by this section. Any
803court of competent jurisdiction may order a criminal justice
804agency to seal the criminal history record of a minor or an
805adult who complies with the requirements of this section. The
806court shall not order a criminal justice agency to seal a
807criminal history record until the person seeking to seal a
808criminal history record has applied for and received a
809certificate of eligibility for sealing pursuant to subsection
810(2). A criminal history record that relates to a violation of s.
811393.135, s. 394.4593, s. 787.025, chapter 794, s. 796.03, s.
812800.04, s. 810.14, s. 817.034, s. 825.1025, s. 827.071, chapter
813839, s. 847.0133, s. 847.0135, s. 847.0145, s. 893.135, s.
814916.1075, or a violation enumerated in s. 907.041, or any
815violation specified as a predicate offense for registration as a
816sexual predator pursuant to s. 775.21, without regard to whether
817that offense alone is sufficient to require such registration,
818or for registration as a sexual offender pursuant to s.
819943.0435, may not be sealed, without regard to whether
820adjudication was withheld, if the defendant was found guilty of
821or pled guilty or nolo contendere to the offense, or if the
822defendant, as a minor, was found to have committed or pled
823guilty or nolo contendere to committing the offense as a
824delinquent act. The court may only order sealing of a criminal
825history record pertaining to one arrest or one incident of
826alleged criminal activity, except as provided in this section.
827The court may, at its sole discretion, order the sealing of a
828criminal history record pertaining to more than one arrest if
829the additional arrests directly relate to the original arrest.
830If the court intends to order the sealing of records pertaining
831to such additional arrests, such intent must be specified in the
832order. A criminal justice agency may not seal any record
833pertaining to such additional arrests if the order to seal does
834not articulate the intention of the court to seal records
835pertaining to more than one arrest. This section does not
836prevent the court from ordering the sealing of only a portion of
837a criminal history record pertaining to one arrest or one
838incident of alleged criminal activity. Notwithstanding any law
839to the contrary, a criminal justice agency may comply with laws,
840court orders, and official requests of other jurisdictions
841relating to sealing, correction, or confidential handling of
842criminal history records or information derived therefrom. This
843section does not confer any right to the sealing of any criminal
844history record, and any request for sealing a criminal history
845record may be denied at the sole discretion of the court.
846     (1)  PETITION TO SEAL A CRIMINAL HISTORY RECORD.--Each
847petition to a court to seal a criminal history record is
848complete only when accompanied by:
849     (a)  A valid certificate of eligibility for sealing issued
850by the department pursuant to subsection (2).
851     (b)  The petitioner's sworn statement attesting that the
852petitioner:
853     1.  Has never, prior to the date on which the petition is
854filed, been adjudicated guilty of a criminal offense or
855comparable ordinance violation, or been adjudicated delinquent
856for committing any a felony or a misdemeanor specified in s.
857943.051(3)(b).
858     2.  Has not been adjudicated guilty of or adjudicated
859delinquent for committing any of the acts stemming from the
860arrest or alleged criminal activity to which the petition to
861seal pertains.
862     3.  Has never secured a prior sealing or expunction of a
863criminal history record under this section, former s. 893.14,
864former s. 901.33, former s. 943.058, or from any jurisdiction
865outside the state.
866     4.  Is eligible for such a sealing to the best of his or
867her knowledge or belief and does not have any other petition to
868seal or any petition to expunge pending before any court.
869
870Any person who knowingly provides false information on such
871sworn statement to the court commits a felony of the third
872degree, punishable as provided in s. 775.082, s. 775.083, or s.
873775.084.
874     (2)  CERTIFICATE OF ELIGIBILITY FOR SEALING.--Prior to
875petitioning the court to seal a criminal history record, a
876person seeking to seal a criminal history record shall apply to
877the department for a certificate of eligibility for sealing. The
878department shall, by rule adopted pursuant to chapter 120,
879establish procedures pertaining to the application for and
880issuance of certificates of eligibility for sealing. A
881certificate of eligibility for sealing is valid for 12 months
882after the date stamped on the certificate when issued by the
883department. After that time, the petitioner must reapply to the
884department for a new certificate of eligibility. Eligibility for
885a renewed certification of eligibility must be based on the
886status of the applicant and the law in effect at the time of the
887most recent application. The department shall issue a
888certificate of eligibility for sealing to a person who is the
889subject of a criminal history record provided that such person:
890     (a)  Has submitted to the department a certified copy of
891the disposition of the charge to which the petition to seal
892pertains.
893     (b)  Remits a $75 processing fee to the department for
894placement in the Department of Law Enforcement Operating Trust
895Fund, unless such fee is waived by the executive director.
896     (c)  Has never, prior to the date on which the application
897for a certificate of eligibility is filed, been adjudicated
898guilty of a criminal offense or comparable ordinance violation,
899or been adjudicated delinquent for committing any a felony or a
900misdemeanor specified in s. 943.051(3)(b).
901     (d)  Has not been adjudicated guilty of or adjudicated
902delinquent for committing any of the acts stemming from the
903arrest or alleged criminal activity to which the petition to
904seal pertains.
905     (e)  Has never secured a prior sealing or expunction of a
906criminal history record under this section, former s. 893.14,
907former s. 901.33, or former s. 943.058.
908     (f)  Is no longer under court supervision applicable to the
909disposition of the arrest or alleged criminal activity to which
910the petition to seal pertains.
911     (3)  PROCESSING OF A PETITION OR ORDER TO SEAL.--
912     (a)  In judicial proceedings under this section, a copy of
913the completed petition to seal shall be served upon the
914appropriate state attorney or the statewide prosecutor and upon
915the arresting agency; however, it is not necessary to make any
916agency other than the state a party. The appropriate state
917attorney or the statewide prosecutor and the arresting agency
918may respond to the court regarding the completed petition to
919seal.
920     (b)  If relief is granted by the court, the clerk of the
921court shall certify copies of the order to the appropriate state
922attorney or the statewide prosecutor and to the arresting
923agency. The arresting agency is responsible for forwarding the
924order to any other agency to which the arresting agency
925disseminated the criminal history record information to which
926the order pertains. The department shall forward the order to
927seal to the Federal Bureau of Investigation. The clerk of the
928court shall certify a copy of the order to any other agency
929which the records of the court reflect has received the criminal
930history record from the court.
931     (c)  For an order to seal entered by a court prior to July
9321, 1992, the department shall notify the appropriate state
933attorney or statewide prosecutor of any order to seal which is
934contrary to law because the person who is the subject of the
935record has previously been convicted of a crime or comparable
936ordinance violation or has had a prior criminal history record
937sealed or expunged. Upon receipt of such notice, the appropriate
938state attorney or statewide prosecutor shall take action, within
93960 days, to correct the record and petition the court to void
940the order to seal. The department shall seal the record until
941such time as the order is voided by the court.
942     (d)  On or after July 1, 1992, the department or any other
943criminal justice agency is not required to act on an order to
944seal entered by a court when such order does not comply with the
945requirements of this section. Upon receipt of such an order, the
946department must notify the issuing court, the appropriate state
947attorney or statewide prosecutor, the petitioner or the
948petitioner's attorney, and the arresting agency of the reason
949for noncompliance. The appropriate state attorney or statewide
950prosecutor shall take action within 60 days to correct the
951record and petition the court to void the order. No cause of
952action, including contempt of court, shall arise against any
953criminal justice agency for failure to comply with an order to
954seal when the petitioner for such order failed to obtain the
955certificate of eligibility as required by this section or when
956such order does not comply with the requirements of this
957section.
958     (e)  An order sealing a criminal history record pursuant to
959this section does not require that such record be surrendered to
960the court, and such record shall continue to be maintained by
961the department and other criminal justice agencies.
962     (4)  EFFECT OF CRIMINAL HISTORY RECORD SEALING.--A criminal
963history record of a minor or an adult which is ordered sealed by
964a court of competent jurisdiction pursuant to this section is
965confidential and exempt from the provisions of s. 119.07(1) and
966s. 24(a), Art. I of the State Constitution and is available only
967to the person who is the subject of the record, to the subject's
968attorney, to criminal justice agencies for their respective
969criminal justice purposes, which include conducting a criminal
970history background check for approval of firearms purchases or
971transfers as authorized by state or federal law, or to those
972entities set forth in subparagraphs (a)1., 4., 5., and 6., and
9738. for their respective licensing, access authorization, and
974employment purposes.
975     (a)  The subject of a criminal history record sealed under
976this section or under other provisions of law, including former
977s. 893.14, former s. 901.33, and former s. 943.058, may lawfully
978deny or fail to acknowledge the arrests covered by the sealed
979record, except when the subject of the record:
980     1.  Is a candidate for employment with a criminal justice
981agency;
982     2.  Is a defendant in a criminal prosecution;
983     3.  Concurrently or subsequently petitions for relief under
984this section or s. 943.0585;
985     4.  Is a candidate for admission to The Florida Bar;
986     5.  Is seeking to be employed or licensed by or to contract
987with the Department of Children and Family Services or the
988Department of Juvenile Justice or to be employed or used by such
989contractor or licensee in a sensitive position having direct
990contact with children, the developmentally disabled, the aged,
991or the elderly as provided in s. 110.1127(3), s. 393.063, s.
992394.4572(1), s. 397.451, s. 402.302(3), s. 402.313(3), s.
993409.175(2)(i), s. 415.102(4), s. 415.103, s. 916.106(10) and
994(13), s. 985.407, or chapter 400; or
995     6.  Is seeking to be employed or licensed by the Department
996of Education, any district school board, any university
997laboratory school, any charter school, any private or parochial
998school, or any local governmental entity that licenses child
999care facilities;.
1000     7.  Is attempting to purchase a firearm from a licensed
1001importer, licensed manufacturer, or licensed dealer and is
1002subject to a criminal history background check under state or
1003federal law; or
1004     8.  Is seeking authorization from a Florida seaport
1005identified in s. 311.09 for employment within or access to one
1006or more of such seaports pursuant to s. 311.12 or s. 311.125.
1007     (b)  Subject to the exceptions in paragraph (a), a person
1008who has been granted a sealing under this section, former s.
1009893.14, former s. 901.33, or former s. 943.058 may not be held
1010under any provision of law of this state to commit perjury or to
1011be otherwise liable for giving a false statement by reason of
1012such person's failure to recite or acknowledge a sealed criminal
1013history record.
1014     (c)  Information relating to the existence of a sealed
1015criminal record provided in accordance with the provisions of
1016paragraph (a) is confidential and exempt from the provisions of
1017s. 119.07(1) and s. 24(a), Art. I of the State Constitution,
1018except that the department shall disclose the sealed criminal
1019history record to the entities set forth in subparagraphs (a)1.,
10204., 5., and 6., and 8. for their respective licensing, access
1021authorization, and employment purposes. It is unlawful for any
1022employee of an entity set forth in subparagraph (a)1.,
1023subparagraph (a)4., subparagraph (a)5., or subparagraph (a)6.,
1024or subparagraph (a)8. to disclose information relating to the
1025existence of a sealed criminal history record of a person
1026seeking employment, access authorization, or licensure with such
1027entity or contractor, except to the person to whom the criminal
1028history record relates or to persons having direct
1029responsibility for employment, access authorization, or
1030licensure decisions. Any person who violates the provisions of
1031this paragraph commits a misdemeanor of the first degree,
1032punishable as provided in s. 775.082 or s. 775.083.
1033     (5)  STATUTORY REFERENCES.--Any reference to any other
1034chapter, section, or subdivision of the Florida Statutes in this
1035section constitutes a general reference under the doctrine of
1036incorporation by reference.
1037     Section 12.  Subsection (5) of section 943.13, Florida
1038Statutes, is amended to read:
1039     943.13  Officers' minimum qualifications for employment or
1040appointment.--On or after October 1, 1984, any person employed
1041or appointed as a full-time, part-time, or auxiliary law
1042enforcement officer or correctional officer; on or after October
10431, 1986, any person employed as a full-time, part-time, or
1044auxiliary correctional probation officer; and on or after
1045October 1, 1986, any person employed as a full-time, part-time,
1046or auxiliary correctional officer by a private entity under
1047contract to the Department of Corrections, to a county
1048commission, or to the Department of Management Services shall:
1049     (5)  Have documentation of his or her processed
1050fingerprints on file with the employing agency or, if a private
1051correctional officer, have documentation of his or her processed
1052fingerprints on file with the Department of Corrections or the
1053Criminal Justice Standards and Training Commission. If
1054administrative delays are caused by the department or the
1055Federal Bureau of Investigation and the person has complied with
1056subsections (1)-(4) and (6)-(9), he or she may be employed or
1057appointed for a period not to exceed 1 calendar year from the
1058date he or she was employed or appointed or until return of the
1059processed fingerprints documenting noncompliance with
1060subsections (1)-(4) or subsection (7), whichever occurs first.
1061Beginning December 15, 2005, the department shall retain and
1062enter into the statewide automated fingerprint identification
1063system authorized by s. 943.05 all fingerprints submitted to the
1064department as required by this section. Thereafter, the
1065fingerprints shall be available for all purposes and uses
1066authorized for arrest fingerprint cards entered in the statewide
1067automated fingerprint identification system pursuant to s.
1068943.051. The department shall search all arrest fingerprint
1069cards received pursuant to s. 943.051 against the fingerprints
1070retained in the statewide automated fingerprint identification
1071system pursuant to this section and report to the employing
1072agency any arrest records that are identified with the retained
1073employee's fingerprints. By January 1, 2007, a person who must
1074meet minimum qualifications as provided in this section and
1075whose fingerprints are not retained by the department pursuant
1076to this section must be refingerprinted. These fingerprints must
1077be forwarded to the department for processing and retention.
1078     Section 13.  Section 943.1715, Florida Statutes, is amended
1079to read:
1080     943.1715  Basic skills training relating to diverse
1081populations.--The commission shall establish and maintain
1082standards for instruction of officers in the subject of
1083interpersonal skills relating to diverse populations, with an
1084emphasis on the awareness of cultural differences. Every basic
1085skills course required in order for officers to obtain initial
1086certification must include a minimum of 8 hours training in
1087interpersonal skills with diverse populations.
1088     Section 14.  Section 943.1716, Florida Statutes, is amended
1089to read:
1090     943.1716  Continued employment training relating to diverse
1091populations.--The commission shall by rule require that each
1092officer receive, as part of the 40 hours of required instruction
1093for continued employment or appointment as an officer, 8 hours
1094of instruction in the subject of interpersonal skills relating
1095to diverse populations, with an emphasis on the awareness of
1096cultural differences.
1097     Section 15.  Section 943.2569, Florida Statutes, is
1098repealed.
1099     Section 16.  Section 943.257, Florida Statutes, is amended
1100to read:
1101     943.257  Independent audit documentation subject to
1102inspection.--The Criminal Justice Standards and Training
1103Commission or a center's advisory board may inspect and copy any
1104documents from the center as required to carry out the
1105commission's or the respective board's oversight
1106responsibilities, including information and documents related to
1107applicant evaluations and center expenditures. In addition, the
1108commission or board may inspect and copy the documentation of
1109any internal or independent audits conducted by or on behalf of
1110the centers to ensure that candidate and inservice officer
1111assessments have been made and that expenditures are in
1112conformance with the requirements of this act and with other
1113applicable procedures.
1114     Section 17.  Subsections (1) and (3) of section 943.401,
1115Florida Statutes, are amended to read:
1116     943.401  Public assistance fraud.--
1117     (1)(a)  The Department of Law Enforcement shall investigate
1118all public assistance provided to residents of the state or
1119provided to others by the state made under the provisions of
1120chapter 409 or chapter 414. In the course of such investigation
1121the Department of Law Enforcement shall examine all records,
1122including electronic benefits transfer records and make inquiry
1123of all persons who may have knowledge as to any irregularity
1124incidental to the disbursement of public moneys, food stamps, or
1125other items or benefits authorizations to recipients.
1126     (b)  All public assistance recipients, as a condition
1127precedent to qualification for public assistance under the
1128provisions of chapter 409 or chapter 414, shall first give in
1129writing, to the Agency for Health Care Administration, the
1130Department of Health, the Agency for Workforce Innovation, and
1131the Department of Children and Family Services, as appropriate,
1132and to the Department of Law Enforcement, consent to make
1133inquiry of past or present employers and records, financial or
1134otherwise.
1135     (3)  The results of such investigation shall be reported by
1136the Department of Law Enforcement to the appropriate legislative
1137committees, the Agency for Health Care Administration, the
1138Department of Health, the Agency for Workforce Innovation, and
1139the Department of Children and Family Services, and to such
1140others as the Department of Law Enforcement may determine.
1141     Section 18.  Authority to purchase goodwill and promotional
1142materials.--
1143     (1)  The Legislature recognizes that the department
1144functions as one of the state's primary law enforcement
1145representatives in national and international meetings,
1146conferences, and cooperative efforts. The department often hosts
1147delegates from other federal, state, local, and international
1148agencies and is in a position to function as a representative of
1149the state fostering goodwill and effective interagency working
1150relationships. It is the intent of the Legislature that the
1151department be allowed, consistent with the dignity and integrity
1152of the state, to purchase and distribute material and items of
1153collection to those with whom the department has contact in
1154meetings, conferences, and cooperative efforts.
1155     (2)  In addition to expenditures separately authorized by
1156law, the department may expend not more than $5,000 annually to
1157purchase and distribute promotional materials or items that
1158serve to advance with dignity and integrity the goodwill of this
1159state and the department and to provide basic refreshments at
1160official functions, seminars, or meetings of the department in
1161which dignitaries or representatives from the Federal
1162Government, other states or nationalities, or other agencies are
1163in attendance.
1164     Section 19.  Unauthorized use of Department of Law
1165Enforcement emblems or names prohibited.--
1166     (1)  Whoever, except with the written permission of the
1167executive director of the department or as otherwise expressly
1168authorized by the department, knowingly uses the words "Florida
1169Department of Law Enforcement," the initials "F.D.L.E." or
1170"FDLE," or the words "Florida Capitol Police," or any colorable
1171imitation of such words or initials, or who uses a logo or
1172emblem used by the department in connection with any
1173advertisement, circular, book, pamphlet, or other publication,
1174play, motion picture, broadcast, telecast, or other production,
1175in any Internet web page or upon any product in a manner
1176reasonably calculated to convey the impression that such
1177advertisement, circular, book, pamphlet, or other publication,
1178play, motion picture, broadcast, telecast, or other production,
1179Internet web page, or product is approved, endorsed, or
1180authorized by the Department of Law Enforcement commits a
1181misdemeanor of the first degree, punishable as provided in s.
1182775.082 or s. 775.083, Florida Statutes.
1183     (2)  A violation of this section may be enjoined upon suit
1184by the department or the Department of Legal Affairs upon
1185complaint filed in any court of competent jurisdiction.
1186     Section 20.  Except as otherwise provided herein, this act
1187shall take effect July 1, 2005.


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