HB 151

1
A bill to be entitled
2An act relating to law enforcement; amending s. 790.065,
3F.S.; requiring the Department of Law Enforcement 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 of Law
31Enforcement, other law enforcement agencies, and media
32representatives from civil liability for complying in good
33faith with a request to record or report information of an
34Amber Alert or Missing Child Alert; providing that a
35technical or clerical error or incorrect or incomplete
36information does not overcome the presumption of good
37faith in reporting information about an Amber Alert or
38Missing Child Alert; providing that it is a discretionary
39decision to report, record, or display Amber Alert or
40Missing Child Alert information received from the local
41law enforcement agency having jurisdiction; amending s.
42938.07, F.S.; requiring that a portion of certain court
43costs imposed for a conviction of driving or boating under
44the influence be deposited into the Operating Trust Fund
45of the Department of Law Enforcement instead of the
46Criminal Justice Standards and Training Trust Fund;
47amending s. 938.27, F.S.; requiring that investigative
48costs recovered on behalf of the Department of Law
49Enforcement be deposited into the department's Forfeiture
50and Investigative Trust Fund; amending s. 943.052, F.S.;
51requiring that disposition reports for dispositions
52relating to minor offenders are mandatory after a
53specified date; amending s. 68.07, F.S.; requiring a set
54of fingerprints as part of a name change petition;
55amending s. 943.05, F.S.; authorizing the Department of
56Law Enforcement to retain fingerprints in certain
57circumstances and use retained fingerprints for certain
58purposes; providing for an annual fee; providing for
59waiver of the fee for good cause shown; providing for free
60services for certain purposes; amending s. 943.053, F.S.;
61requiring the department to make certain information
62available to judges; limiting use of information;
63authorizing a criminal justice agency to obtain a criminal
64history background check of a noncertified agency employee
65by submitting fingerprints to the department; requiring
66that the criminal history check be provided by the
67department in certain circumstances; amending s. 943.0585,
68F.S.; prohibiting a court from expunging a criminal
69history record containing certain sexual offenses or
70certain offenses that require registration as a sexual
71offender; requiring a valid certificate of eligibility for
72expunction in a petition to expunge a criminal history
73record; specifying the time during which a certificate of
74eligibility for expunction is valid; requiring that a
75trial may not have occurred in order for a person to
76obtain a statement from the state attorney authorizing the
77expunction of a criminal record; authorizing a person who
78has secured a prior sealing of a criminal history record
79to seek a certificate of eligibility for expunction if the
80criminal history record was previously sealed for a
81certain number of years and is otherwise eligible for
82expunction; providing that a person who is seeking
83authorization for employment within or access to a seaport
84may not deny or fail to acknowledge arrests covered by
85expunged records; providing that the department may
86acknowledge expunged criminal history records under
87certain circumstances; prohibiting seaport employees from
88disclosing expunged criminal history record information
89except to certain persons; providing penalties; amending
90s. 943.059, F.S.; enumerating certain sexual offenses and
91offenses that require registration as a sexual offender
92which may not be sealed; requiring a valid certificate of
93eligibility for sealing in a petition to seal a criminal
94history record; specifying the period during which a
95certificate of eligibility for sealing is valid; providing
96that the information contained in a sealed criminal record
97is available to a criminal justice agency for the purpose
98of conducting a criminal history background check for
99approval of a firearms purchase or transfer; prohibiting a
100person from denying arrests covered by his or her sealed
101criminal record when attempting to purchase a firearm;
102providing that a person who is seeking authorization for
103employment within or access to a seaport may not deny or
104fail to acknowledge arrests covered by sealed records;
105providing that the department may acknowledge sealed
106criminal history records under certain circumstances;
107prohibiting seaport employees from disclosing sealed
108criminal history record information except to certain
109persons; providing penalties; amending s. 943.13, F.S.;
110requiring the department to enter law enforcement,
111correctional, and correctional probation officers'
112fingerprints into a statewide automated fingerprint
113identification system; requiring the department to search
114each arrest fingerprint card received against fingerprints
115retained in the statewide automated fingerprint
116identification system; providing for refingerprinting by a
117certain date; amending ss. 943.1715 and 943.1716, F.S.;
118deleting the minimum number of hours required for basic
119skills training and continued employment training relating
120to diverse populations for law enforcement, correctional,
121and correctional probation officers; repealing s.
122943.2569, F.S., relating to an annual financial audit of
123criminal justice selection centers; amending s. 943.257,
124F.S.; authorizing the Criminal Justice Standards and
125Training Commission and the advisory board of a criminal
126justice selection center to inspect and copy any documents
127from a center in order to carry out oversight
128responsibilities, including documents pertaining to any
129internal or independent audits; amending s. 943.401, F.S.;
130requiring the department to investigate all public
131assistance that is provided by the state; requiring public
132assistance recipients to consent in writing to an
133investigation into their employment and financial
134histories by the Agency for Workforce Innovation;
135requiring the department to report the results of the
136investigations to the Agency for Workforce Innovation;
137authorizing the department to purchase goodwill and
138promotional materials; limiting the annual amount of such
139expenditures; prohibiting the unauthorized use of the
140department's emblems and names; providing a penalty;
141providing effective dates.
142
143Be It Enacted by the Legislature of the State of Florida:
144
145     Section 1.  Effective February 1, 2007, paragraph (a) of
146subsection (2) of section 790.065, Florida Statutes, is amended
147to read:
148     790.065  Sale and delivery of firearms.--
149     (2)  Upon receipt of a request for a criminal history
150record check, the Department of Law Enforcement shall, during
151the licensee's call or by return call, forthwith:
152     (a)  Review criminal history records and other records that
153have been provided to the department to determine if the
154potential buyer or transferee:
155     1.  Has been convicted of a felony and is prohibited from
156receipt or possession of a firearm pursuant to s. 790.23;
157     2.  Has been convicted of a misdemeanor crime of domestic
158violence, and therefore is prohibited from purchasing a firearm;
159or
160     3.  Has had adjudication of guilt withheld or imposition of
161sentence suspended on any felony or misdemeanor crime of
162domestic violence unless 3 years have elapsed since probation or
163any other conditions set by the court have been fulfilled or
164expunction has occurred; or.
165     4.  Has been adjudicated mentally defective or has been
166committed to a mental institution by a court and as a result is
167prohibited by federal law from purchasing a firearm.
168     a.  As used in this subparagraph, "adjudicated mentally
169defective" means a determination by a court that a person, as a
170result of marked subnormal intelligence, or mental illness,
171incompetency, condition, or disease, is a danger to himself or
172herself or to others or lacks the mental capacity to contract or
173manage his or her own affairs. The phrase shall include a
174judicial finding of incapacity under s. 744.331(6)(a), an
175acquittal by reason of insanity of a person charged with a
176criminal offense, and a judicial finding that a criminal
177defendant is not competent to stand trial.
178     b.  As used in this subparagraph, "committed to a mental
179institution" means involuntary commitment, commitment for mental
180defectiveness or mental illness, and commitment for substance
181abuse. The phrase shall include involuntary inpatient placement
182as defined in s. 394.467, involuntary assessment and
183stabilization under s. 397.6818, and involuntary substance abuse
184treatment under s. 397.6957, but shall not include a person in a
185mental institution for observation or discharged from a mental
186institution based upon the initial review by the physician or a
187voluntary admission to a mental institution.
188     c.  In order to check for these conditions, the department
189shall compile and maintain an automated database of persons who
190are prohibited from purchasing a firearm based on court records
191of adjudications of mental defectiveness or commitments to
192mental institutions. Clerks of court are required to submit
193these records to the department within 1 month after the
194rendition of the adjudication or commitment. Reports may be
195submitted in an automated format. The reports must, at a
196minimum, include the name, along with any known alias or former
197name, the sex, and the date of birth of the subject. The
198department shall delete any mental health record from the
199database upon request of an individual when 5 years have elapsed
200since the individual's restoration to capacity by court order
201after being adjudicated an incapacitated person under s.
202744.331, or similar laws of any other state; or, in the case of
203an individual who was previously committed to a mental
204institution under chapter 394, or similar laws of any other
205state, when the individual produces a certificate from a
206licensed psychiatrist that he or she has not suffered from
207disability for at least 5 years prior to the date of request for
208removal of the record. Where the department has received a
209subsequent record of an adjudication of mental defectiveness or
210commitment to a mental institution for such individual, the 5-
211year timeframe shall be calculated from the most recent
212adjudication of incapacitation or commitment.
213     d.  The department is authorized to disclose the collected
214data to agencies of the Federal Government and other states for
215use exclusively in determining the lawfulness of a firearm sale
216or transfer. The department is also authorized to disclose any
217applicable collected data to the Department of Agriculture and
218Consumer Services for determination of eligibility for issuance
219of a concealed weapons or concealed firearms license upon
220receipt of an applicant fingerprint submission forwarded
221pursuant to s. 790.06(6)(a). When a potential buyer or
222transferee appeals a nonapproval based on these records, the
223clerks of court and mental institutions shall, upon request by
224the department, provide information to help determine whether
225the potential buyer or transferee is the same person as the
226subject of the record. Photographs and any other data that could
227confirm or negate identity must be made available to the
228department for such purposes, notwithstanding any other
229provision of state law to the contrary. Any such information
230that is made confidential or exempt from disclosure by law shall
231retain such confidential or exempt status when transferred to
232the department.
233     Section 2.  Subsections (4) and (5) of section 914.25,
234Florida Statutes, are amended to read:
235     914.25  Protective services for certain victims and
236witnesses.--
237     (4)(a)  When a victim or witness is certified as provided
238in subsection (3), a law enforcement agency, in consultation
239with the certifying state attorney or the statewide prosecutor,
240may provide appropriate protective services. If a victim or
241witness needs to be temporarily relocated, the statewide
242prosecutor or the state attorney must notify the Department of
243Law Enforcement. The Department of Law Enforcement, in
244consultation with the statewide prosecutor or the state
245attorney, and any other law enforcement agency involved in the
246criminal investigation or prosecution, shall coordinate the
247temporary relocation of the victim or witness.
248     (b)  Protective services, including temporary relocation
249services, may initially be provided for up to 1 year or until
250the risk giving rise to the certification has diminished,
251whichever occurs sooner. If deemed necessary, The statewide
252prosecutor or the state attorney may, at the end of the
253certification year, recertify a victim or witness at risk of
254harm for an additional period of up to 1 year or until the risk
255giving rise to the certification has diminished, whichever
256occurs first. A victim or witness at risk of harm may be
257certified and recertified annually as provided in this section
258to provide a maximum of 4 years of eligibility for protective
259services.
260     (5)  The lead law enforcement agency that provides
261protective services, as authorized in this section, may seek
262reimbursement for its reasonable expenses from the Victim and
263Witness Protection Review Committee, pursuant to the provisions
264of s. 943.031. This section does not prevent any law enforcement
265agency from providing protective services at the agency's
266expense beyond the 4-year maximum period established in this
267section. Any such additional expenditures for protective
268services are not eligible for the reimbursement provided in this
269section.
270     Section 3.  Subsection (3) is added to section 937.021,
271Florida Statutes, to read:
272     937.021  Missing child reports.--
273     (3)(a)  Upon receiving a request to record, report,
274transmit, display, or release Amber Alert or Missing Child Alert
275information from the law enforcement agency having jurisdiction
276over the missing or endangered child, the Department of Law
277Enforcement as the state Amber Alert coordinator; any state or
278local law enforcement agency and the personnel of these
279agencies; any radio or television network, broadcaster, or other
280media representative; or any agency, employee, individual, or
281entity is immune from civil liability for damages for complying
282in good faith with the request and is presumed to have acted in
283good faith in recording, reporting, transmitting, displaying, or
284releasing Amber Alert or Missing Child Alert information
285pertaining to such child.
286     (b)  The presumption of good faith is not overcome if a
287technical or clerical error is made by any such agency,
288employee, individual, or entity acting at the request of the
289local law enforcement agency having jurisdiction or if the Amber
290Alert or Missing Child Alert information is incomplete or
291incorrect because the information received from the local law
292enforcement agency was incomplete or incorrect.
293     (c)  Neither this subsection nor any other provision of law
294creates a duty of the agency, employee, individual, or entity to
295record, report, transmit, display, or release the Amber Alert or
296Missing Child Alert information received from the local law
297enforcement agency having jurisdiction. The decision to record,
298report, transmit, display, or release information is
299discretionary with the agency, employee, individual, or entity
300receiving that information from the local law enforcement agency
301having jurisdiction.
302     Section 4.  Section 938.07, Florida Statutes, is amended to
303read:
304     938.07  Driving or boating under the
305influence.--Notwithstanding any other provision of s. 316.193 or
306s. 327.35, a court cost of $135 shall be added to any fine
307imposed pursuant to s. 316.193 or s. 327.35. The clerks shall
308remit the funds to the Department of Revenue, $25 of which shall
309be deposited in the Emergency Medical Services Trust Fund, $50
310shall be deposited in the Operating Criminal Justice Standards
311and Training Trust Fund of the Department of Law Enforcement to
312be used for operational expenses in conducting the statewide
313criminal analysis laboratory system established in s. 943.32,
314and $60 shall be deposited in the Brain and Spinal Cord Injury
315Rehabilitation Trust Fund created in s. 381.79.
316     Section 5.  Subsection (7) of section 938.27, Florida
317Statutes, is amended to read:
318     938.27  Judgment for costs on conviction.--
319     (7)  Investigative costs that which are recovered shall be
320returned to the appropriate investigative agency that which
321incurred the expense. Such costs shall include actual expenses
322incurred in conducting the investigation and prosecution of the
323criminal case; however, costs may also include the salaries of
324permanent employees. Any investigative costs recovered on behalf
325of a state agency must be remitted to the Department of Revenue
326for deposit in the agency operating trust fund, and a report of
327the payment must be sent to the agency, except that any
328investigative costs recovered on behalf of the Department of Law
329Enforcement shall be deposited in the department's Forfeiture
330and Investigative Support Trust Fund under s. 943.362.
331     Section 6.  Subsection (2) of section 943.052, Florida
332Statutes, is amended to read:
333     943.052  Disposition reporting.--The Criminal Justice
334Information Program shall, by rule, establish procedures and a
335format for each criminal justice agency to monitor its records
336and submit reports, as provided by this section, to the program.
337The disposition report shall be developed by the program and
338shall include the offender-based transaction system number.
339     (2)  Each clerk of the court shall submit the uniform
340dispositions to the program or in a manner acceptable to the
341program. The report shall be submitted at least once a month
342and, when acceptable by the program, may be submitted in an
343automated format. The disposition report is mandatory for
344dispositions relating to adult offenders only. Beginning July 1,
3452008, a disposition report for each disposition relating to a
346minor offender is mandatory.
347     Section 7.  Subsections (2) and (5) of section 68.07,
348Florida Statutes, are amended to read:
349     68.07  Change of name.--
350     (2)  The petition shall include a set copy of the
351petitioner's fingerprints taken by a law enforcement agency
352except where a former name is being restored and be verified and
353show:
354     (a)  That petitioner is a bona fide resident of and
355domiciled in the county where the change of name is sought.
356     (b)  If known, the date and place of birth of petitioner,
357petitioner's father's name, mother's maiden name, and where
358petitioner has resided since birth.
359     (c)  If petitioner is married, the name of petitioner's
360spouse and if petitioner has children, the names and ages of
361each and where they reside.
362     (d)  If petitioner's name has previously been changed and
363when and where and by what court.
364     (e)  Petitioner's occupation and where petitioner is
365employed and has been employed for 5 years next preceding filing
366of the petition. If petitioner owns and operates a business, the
367name and place of it shall be stated and petitioner's connection
368therewith and how long petitioner has been identified with said
369business. If petitioner is in a profession, the profession shall
370be stated, where the petitioner has practiced the profession and
371if a graduate of a school or schools, the name or names thereof,
372time of graduation, and degrees received.
373     (f)  Whether the petitioner has been generally known or
374called by any other names and if so, by what names and where.
375     (g)  Whether petitioner has ever been adjudicated a
376bankrupt and if so, where and when.
377     (h)  Whether petitioner has ever been arrested for or
378charged with, pled guilty or nolo contendere to, or been found
379to have committed a criminal offense, regardless of
380adjudication, and if so, when and where.
381     (i)  Whether any money judgment has ever been entered
382against petitioner and if so, the name of the judgment creditor,
383the amount and date thereof, the court by which entered, and
384whether the judgment has been satisfied.
385     (j)  That the petition is filed for no ulterior or illegal
386purpose and granting it will not in any manner invade the
387property rights of others, whether partnership, patent, good
388will, privacy, trademark, or otherwise.
389     (k)  That the petitioner's civil rights have never been
390suspended, or if the petitioner's civil rights have been
391suspended, that full restoration of civil rights has occurred.
392     (5)  The clerk must, upon the filing of the final judgment,
393send a report of the judgment to the Department of Law
394Enforcement on a form to be furnished by that department. The
395Department of Law Enforcement must send a copy of the report to
396the Department of Highway Safety and Motor Vehicles, which may
397be delivered by electronic transmission. The report must contain
398sufficient information to identify the petitioner, including a
399set copy of the petitioner's fingerprints taken by a law
400enforcement agency, the new name of the petitioner, and the file
401number of the judgment. Any information retained by the
402Department of Law Enforcement and the Department of Highway
403Safety and Motor Vehicles may be revised or supplemented by said
404departments to reflect changes made by the final judgment. With
405respect to a person convicted of a felony in another state or of
406a federal offense, the Department of Law Enforcement must send
407the report to the respective state's office of law enforcement
408records or to the office of the Federal Bureau of Investigation.
409The Department of Law Enforcement may forward the report to any
410other law enforcement agency it believes may retain information
411related to the petitioner. Any costs associated with
412fingerprinting must be paid by the petitioner.
413     Section 8.  Paragraphs (g) and (h) are added to subsection
414(2) of section 943.05, Florida Statutes, to read:
415     943.05  Criminal Justice Information Program; duties; crime
416reports.--
417     (2)  The program shall:
418     (g)  As authorized by law, retain fingerprints submitted by
419criminal and noncriminal justice agencies to the department for
420a criminal history background screening in a manner provided by
421rule and enter the fingerprints in the statewide automated
422fingerprint identification system authorized by paragraph (b).
423Such fingerprints shall thereafter be available for all purposes
424and uses authorized for arrest fingerprint cards entered into
425the statewide automated fingerprint identification system
426pursuant to s. 943.051.
427     (h)1.  As authorized by law, search all arrest fingerprint
428cards received under s. 943.051 against the fingerprints
429retained in the statewide automated fingerprint identification
430system under paragraph (g). Any arrest record that is identified
431with the retained fingerprints of a person subject to background
432screening as provided in paragraph (g) shall be reported to the
433appropriate agency.
434     2.  Agencies may participate in this search process by
435payment of an annual fee to the department and by informing the
436department of any change in the affiliation, employment, or
437contractual status or place of affiliation, employment, or
438contracting of the persons whose fingerprints are retained under
439paragraph (g). The department shall adopt a rule setting the
440amount of the annual fee to be imposed upon each participating
441agency for performing these searches and establishing the
442procedures for the retention of fingerprints and the
443dissemination of search results. The fee may be borne as
444provided by law. Fees may be waived or reduced by the executive
445director for good cause shown. Consistent with the recognition
446of criminal justice agencies expressed in s. 943.053(3), these
447services will be provided to criminal justice agencies for
448criminal justice purposes free of charge.
449     Section 9.  Subsections (5) through (9) of section 943.053,
450Florida Statutes, are renumbered as subsections (6) through
451(10), respectively, and new subsections (5), (11), and (12) are
452added to that section, to read:
453     943.053  Dissemination of criminal justice information;
454fees.--
455     (5)  Notwithstanding the provisions of s. 943.0525, and any
456user agreements adopted pursuant thereto, and notwithstanding
457the confidentiality of sealed records as provided for in s.
458943.059, the department shall make online access to Florida
459criminal justice information available to each judge in the
460state courts system for the purpose of assisting judges in their
461case-related decisionmaking responsibilities. Such online access
462shall be provided without charge to the state courts system.
463Sealed records received by the courts under this section remain
464confidential and exempt from the provisions of s. 119.07(1). The
465information provided pursuant to this section shall not take the
466place of any information required to be provided to the courts
467by any other agency or entity. Information provided under this
468section shall be used only for the official court business for
469which it was requested and may not be further disseminated.
470     (11)  A criminal justice agency that is authorized under
471federal rules or law to conduct a criminal history background
472check on an agency employee who is not certified by the Criminal
473Justice Standards and Training Commission under s. 943.12 may
474submit to the department the fingerprints of the noncertified
475employee to obtain state and national criminal history
476information. Effective January 15, 2007, the fingerprints
477submitted shall be retained and entered in the statewide
478automated fingerprint identification system authorized by s.
479943.05 and shall be available for all purposes and uses
480authorized for arrest fingerprint cards entered in the statewide
481automated fingerprint identification system pursuant to s.
482943.051. The department shall search all arrest fingerprint
483cards received pursuant to s. 943.051 against the fingerprints
484retained in the statewide automated fingerprint identification
485system pursuant to this section. In addition to all purposes and
486uses authorized for arrest fingerprint cards for which submitted
487fingerprints may be used, any arrest record that is identified
488with the retained employee fingerprints must be reported to the
489submitting employing agency.
490     (12)  Notwithstanding any other provision of law, when a
491criminal history check or a duty to disclose the absence of a
492criminal history check is mandated by state law, or when a
493privilege or benefit is conferred by state law in return for
494exercising an option of conducting a criminal history check, the
495referenced criminal history check, whether it is an initial or
496renewal check, shall include a Florida criminal history provided
497by the department as set forth in this section. Such Florida
498criminal history information may be provided by a private vendor
499only if that information is directly obtained from the
500department for each request. When a national criminal history
501check is required or authorized by state law, the national
502criminal history check shall be submitted by and through the
503department in the manner established by the department for such
504checks, unless otherwise required by federal law. The fee for
505criminal history information as established by state law or, in
506the case of national checks, by the Federal Government, shall be
507borne by the person or entity submitting the request, or as
508provided by law. Criminal history information provided by any
509other governmental entity of this state or any private entity
510shall not be substituted for criminal history information
511provided by the department when the criminal history check or a
512duty to disclose the absence of a criminal history check is
513required by statute or is made a condition of a privilege or
514benefit by law.
515     Section 10.  Section 943.0585, Florida Statutes, is amended
516to read:
517     943.0585  Court-ordered expunction of criminal history
518records.--The courts of this state have jurisdiction over their
519own procedures, including the maintenance, expunction, and
520correction of judicial records containing criminal history
521information to the extent such procedures are not inconsistent
522with the conditions, responsibilities, and duties established by
523this section. Any court of competent jurisdiction may order a
524criminal justice agency to expunge the criminal history record
525of a minor or an adult who complies with the requirements of
526this section. The court shall not order a criminal justice
527agency to expunge a criminal history record until the person
528seeking to expunge a criminal history record has applied for and
529received a certificate of eligibility for expunction pursuant to
530subsection (2). A criminal history record that relates to a
531violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794,
532s. 796.03, s. 800.04, s. 810.14, s. 817.034, s. 825.1025, s.
533827.071, chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s.
534893.135, s. 916.1075, or a violation enumerated in s. 907.041,
535or any violation specified as a predicate offense for
536registration as a sexual predator pursuant to s. 775.21, without
537regard to whether that offense alone is sufficient to require
538such registration, or for registration as a sexual offender
539pursuant to s. 943.0435, may not be expunged, without regard to
540whether adjudication was withheld, if the defendant was found
541guilty of or pled guilty or nolo contendere to the offense, or
542if the defendant, as a minor, was found to have committed, or
543pled guilty or nolo contendere to committing, the offense as a
544delinquent act. The court may only order expunction of a
545criminal history record pertaining to one arrest or one incident
546of alleged criminal activity, except as provided in this
547section. The court may, at its sole discretion, order the
548expunction of a criminal history record pertaining to more than
549one arrest if the additional arrests directly relate to the
550original arrest. If the court intends to order the expunction of
551records pertaining to such additional arrests, such intent must
552be specified in the order. A criminal justice agency may not
553expunge any record pertaining to such additional arrests if the
554order to expunge does not articulate the intention of the court
555to expunge a record pertaining to more than one arrest. This
556section does not prevent the court from ordering the expunction
557of only a portion of a criminal history record pertaining to one
558arrest or one incident of alleged criminal activity.
559Notwithstanding any law to the contrary, a criminal justice
560agency may comply with laws, court orders, and official requests
561of other jurisdictions relating to expunction, correction, or
562confidential handling of criminal history records or information
563derived therefrom. This section does not confer any right to the
564expunction of any criminal history record, and any request for
565expunction of a criminal history record may be denied at the
566sole discretion of the court.
567     (1)  PETITION TO EXPUNGE A CRIMINAL HISTORY RECORD.--Each
568petition to a court to expunge a criminal history record is
569complete only when accompanied by:
570     (a)  A valid certificate of eligibility for expunction
571issued by the department pursuant to subsection (2).
572     (b)  The petitioner's sworn statement attesting that the
573petitioner:
574     1.  Has never, prior to the date on which the petition is
575filed, been adjudicated guilty of a criminal offense or
576comparable ordinance violation, or been adjudicated delinquent
577for committing any a felony or a misdemeanor specified in s.
578943.051(3)(b).
579     2.  Has not been adjudicated guilty of, or adjudicated
580delinquent for committing, any of the acts stemming from the
581arrest or alleged criminal activity to which the petition
582pertains.
583     3.  Has never secured a prior sealing or expunction of a
584criminal history record under this section, former s. 893.14,
585former s. 901.33, or former s. 943.058, or from any jurisdiction
586outside the state, unless expunction is sought of a criminal
587history record previously sealed for 10 years pursuant to
588paragraph (2)(h) and the record is otherwise eligible for
589expunction.
590     4.  Is eligible for such an expunction to the best of his
591or her knowledge or belief and does not have any other petition
592to expunge or any petition to seal pending before any court.
593
594Any person who knowingly provides false information on such
595sworn statement to the court commits a felony of the third
596degree, punishable as provided in s. 775.082, s. 775.083, or s.
597775.084.
598     (2)  CERTIFICATE OF ELIGIBILITY FOR EXPUNCTION.--Prior to
599petitioning the court to expunge a criminal history record, a
600person seeking to expunge a criminal history record shall apply
601to the department for a certificate of eligibility for
602expunction. The department shall, by rule adopted pursuant to
603chapter 120, establish procedures pertaining to the application
604for and issuance of certificates of eligibility for expunction.
605A certificate of eligibility for expunction is valid for 12
606months after the date stamped on the certificate when issued by
607the department. After that time, the petitioner must reapply to
608the department for a new certificate of eligibility. Eligibility
609for a renewed certification of eligibility must be based on the
610status of the applicant and the law in effect at the time of the
611most recent application. The department shall issue a
612certificate of eligibility for expunction to a person who is the
613subject of a criminal history record if that person:
614     (a)  Has obtained, and submitted to the department, a
615written, certified statement from the appropriate state attorney
616or statewide prosecutor which indicates:
617     1.  That an indictment, information, or other charging
618document was not filed or issued in the case.
619     2.  That an indictment, information, or other charging
620document, if filed or issued in the case, was dismissed or nolle
621prosequi by the state attorney or statewide prosecutor, or was
622dismissed by a court of competent jurisdiction, and that none of
623the charges related to the arrest or alleged criminal activity
624to which the petition to expunge pertains resulted in a trial,
625without regard to whether the outcome of the trial was other
626than an adjudication of guilt.
627     3.  That the criminal history record does not relate to a
628violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794,
629s. 796.03, s. 800.04, s. 810.14, s. 817.034, s. 825.1025, s.
630827.071, chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s.
631893.135, s. 916.1075, or a violation enumerated in s. 907.041,
632or any violation specified as a predicate offense for
633registration as a sexual predator pursuant to s. 775.21, without
634regard to whether that offense alone is sufficient to require
635such registration, or for registration as a sexual offender
636pursuant to s. 943.0435, where the defendant was found guilty
637of, or pled guilty or nolo contendere to any such offense, or
638that the defendant, as a minor, was found to have committed, or
639pled guilty or nolo contendere to committing, such an offense as
640a delinquent act, without regard to whether adjudication was
641withheld.
642     (b)  Remits a $75 processing fee to the department for
643placement in the Department of Law Enforcement Operating Trust
644Fund, unless such fee is waived by the executive director.
645     (c)  Has submitted to the department a certified copy of
646the disposition of the charge to which the petition to expunge
647pertains.
648     (d)  Has never, prior to the date on which the application
649for a certificate of eligibility is filed, been adjudicated
650guilty of a criminal offense or comparable ordinance violation,
651or been adjudicated delinquent for committing any a felony or a
652misdemeanor specified in s. 943.051(3)(b).
653     (e)  Has not been adjudicated guilty of, or adjudicated
654delinquent for committing, any of the acts stemming from the
655arrest or alleged criminal activity to which the petition to
656expunge pertains.
657     (f)  Has never secured a prior sealing or expunction of a
658criminal history record under this section, former s. 893.14,
659former s. 901.33, or former s. 943.058, unless expunction is
660sought of a criminal history record previously sealed for 10
661years pursuant to paragraph (h) and the record is otherwise
662eligible for expunction.
663     (g)  Is no longer under court supervision applicable to the
664disposition of the arrest or alleged criminal activity to which
665the petition to expunge pertains.
666     (h)  Has previously obtained a court order sealing the
667record under this section, former s. 893.14, former s. 901.33,
668or former s. 943.058 for a minimum of 10 years because
669adjudication was withheld or because all charges related to the
670arrest or alleged criminal activity to which the petition to
671expunge pertains were not dismissed prior to trial, without
672regard to whether the outcome of the trial was other than an
673adjudication of guilt. The requirement for the record to have
674previously been sealed for a minimum of 10 years does not apply
675when a plea was not entered or all charges related to the arrest
676or alleged criminal activity to which the petition to expunge
677pertains were dismissed prior to trial. Is not required to wait
678a minimum of 10 years prior to being eligible for an expunction
679of such records because all charges related to the arrest or
680criminal activity to which the petition to expunge pertains were
681dismissed prior to trial, adjudication, or the withholding of
682adjudication. Otherwise, such criminal history record must be
683sealed under this section, former s. 893.14, former s. 901.33,
684or former s. 943.058 for at least 10 years before such record is
685eligible for expunction.
686     (3)  PROCESSING OF A PETITION OR ORDER TO EXPUNGE.--
687     (a)  In judicial proceedings under this section, a copy of
688the completed petition to expunge shall be served upon the
689appropriate state attorney or the statewide prosecutor and upon
690the arresting agency; however, it is not necessary to make any
691agency other than the state a party. The appropriate state
692attorney or the statewide prosecutor and the arresting agency
693may respond to the court regarding the completed petition to
694expunge.
695     (b)  If relief is granted by the court, the clerk of the
696court shall certify copies of the order to the appropriate state
697attorney or the statewide prosecutor and the arresting agency.
698The arresting agency is responsible for forwarding the order to
699any other agency to which the arresting agency disseminated the
700criminal history record information to which the order pertains.
701The department shall forward the order to expunge to the Federal
702Bureau of Investigation. The clerk of the court shall certify a
703copy of the order to any other agency which the records of the
704court reflect has received the criminal history record from the
705court.
706     (c)  For an order to expunge entered by a court prior to
707July 1, 1992, the department shall notify the appropriate state
708attorney or statewide prosecutor of an order to expunge which is
709contrary to law because the person who is the subject of the
710record has previously been convicted of a crime or comparable
711ordinance violation or has had a prior criminal history record
712sealed or expunged. Upon receipt of such notice, the appropriate
713state attorney or statewide prosecutor shall take action, within
71460 days, to correct the record and petition the court to void
715the order to expunge. The department shall seal the record until
716such time as the order is voided by the court.
717     (d)  On or after July 1, 1992, the department or any other
718criminal justice agency is not required to act on an order to
719expunge entered by a court when such order does not comply with
720the requirements of this section. Upon receipt of such an order,
721the department must notify the issuing court, the appropriate
722state attorney or statewide prosecutor, the petitioner or the
723petitioner's attorney, and the arresting agency of the reason
724for noncompliance. The appropriate state attorney or statewide
725prosecutor shall take action within 60 days to correct the
726record and petition the court to void the order. No cause of
727action, including contempt of court, shall arise against any
728criminal justice agency for failure to comply with an order to
729expunge when the petitioner for such order failed to obtain the
730certificate of eligibility as required by this section or such
731order does not otherwise comply with the requirements of this
732section.
733     (4)  EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.--Any
734criminal history record of a minor or an adult which is ordered
735expunged by a court of competent jurisdiction pursuant to this
736section must be physically destroyed or obliterated by any
737criminal justice agency having custody of such record; except
738that any criminal history record in the custody of the
739department must be retained in all cases. A criminal history
740record ordered expunged that is retained by the department is
741confidential and exempt from the provisions of s. 119.07(1) and
742s. 24(a), Art. I of the State Constitution and not available to
743any person or entity except upon order of a court of competent
744jurisdiction. A criminal justice agency may retain a notation
745indicating compliance with an order to expunge.
746     (a)  The person who is the subject of a criminal history
747record that is expunged under this section or under other
748provisions of law, including former s. 893.14, former s. 901.33,
749and former s. 943.058, may lawfully deny or fail to acknowledge
750the arrests covered by the expunged record, except when the
751subject of the record:
752     1.  Is a candidate for employment with a criminal justice
753agency;
754     2.  Is a defendant in a criminal prosecution;
755     3.  Concurrently or subsequently petitions for relief under
756this section or s. 943.059;
757     4.  Is a candidate for admission to The Florida Bar;
758     5.  Is seeking to be employed or licensed by or to contract
759with the Department of Children and Family Services or the
760Department of Juvenile Justice or to be employed or used by such
761contractor or licensee in a sensitive position having direct
762contact with children, the developmentally disabled, the aged,
763or the elderly as provided in s. 110.1127(3), s. 393.063, s.
764394.4572(1), s. 397.451, s. 402.302(3), s. 402.313(3), s.
765409.175(2)(i), s. 415.102(4), s. 916.106(10) and (13), s.
766985.407, or chapter 400; or
767     6.  Is seeking to be employed or licensed by the Department
768of Education, any district school board, any university
769laboratory school, any charter school, any private or parochial
770school, or any local governmental entity that licenses child
771care facilities; or
772     7.  Is seeking authorization from a Florida seaport
773identified in s. 311.09 for employment within or access to one
774or more of such seaports pursuant to s. 311.12 or s. 311.125.
775     (b)  Subject to the exceptions in paragraph (a), a person
776who has been granted an expunction under this section, former s.
777893.14, former s. 901.33, or former s. 943.058 may not be held
778under any provision of law of this state to commit perjury or to
779be otherwise liable for giving a false statement by reason of
780such person's failure to recite or acknowledge an expunged
781criminal history record.
782     (c)  Information relating to the existence of an expunged
783criminal history record which is provided in accordance with
784paragraph (a) is confidential and exempt from the provisions of
785s. 119.07(1) and s. 24(a), Art. I of the State Constitution,
786except that the department shall disclose the existence of a
787criminal history record ordered expunged to the entities set
788forth in subparagraphs (a)1., 4., 5., and 6., and 7. for their
789respective licensing, access authorization, and employment
790purposes, and to criminal justice agencies for their respective
791criminal justice purposes. It is unlawful for any employee of an
792entity set forth in subparagraph (a)1., subparagraph (a)4.,
793subparagraph (a)5., or subparagraph (a)6., or subparagraph(a)7.
794to disclose information relating to the existence of an expunged
795criminal history record of a person seeking employment, access
796authorization, or licensure with such entity or contractor,
797except to the person to whom the criminal history record relates
798or to persons having direct responsibility for employment,
799access authorization, or licensure decisions. Any person who
800violates this paragraph commits a misdemeanor of the first
801degree, punishable as provided in s. 775.082 or s. 775.083.
802     (5)  STATUTORY REFERENCES.--Any reference to any other
803chapter, section, or subdivision of the Florida Statutes in this
804section constitutes a general reference under the doctrine of
805incorporation by reference.
806     Section 11.  Section 943.059, Florida Statutes, is amended
807to read:
808     943.059  Court-ordered sealing of criminal history
809records.--The courts of this state shall continue to have
810jurisdiction over their own procedures, including the
811maintenance, sealing, and correction of judicial records
812containing criminal history information to the extent such
813procedures are not inconsistent with the conditions,
814responsibilities, and duties established by this section. Any
815court of competent jurisdiction may order a criminal justice
816agency to seal the criminal history record of a minor or an
817adult who complies with the requirements of this section. The
818court shall not order a criminal justice agency to seal a
819criminal history record until the person seeking to seal a
820criminal history record has applied for and received a
821certificate of eligibility for sealing pursuant to subsection
822(2). A criminal history record that relates to a violation of s.
823393.135, s. 394.4593, s. 787.025, chapter 794, s. 796.03, s.
824800.04, s. 810.14, s. 817.034, s. 825.1025, s. 827.071, chapter
825839, s. 847.0133, s. 847.0135, s. 847.0145, s. 893.135, s.
826916.1075, or a violation enumerated in s. 907.041, or any
827violation specified as a predicate offense for registration as a
828sexual predator pursuant to s. 775.21, without regard to whether
829that offense alone is sufficient to require such registration,
830or for registration as a sexual offender pursuant to s.
831943.0435, may not be sealed, without regard to whether
832adjudication was withheld, if the defendant was found guilty of
833or pled guilty or nolo contendere to the offense, or if the
834defendant, as a minor, was found to have committed or pled
835guilty or nolo contendere to committing the offense as a
836delinquent act. The court may only order sealing of a criminal
837history record pertaining to one arrest or one incident of
838alleged criminal activity, except as provided in this section.
839The court may, at its sole discretion, order the sealing of a
840criminal history record pertaining to more than one arrest if
841the additional arrests directly relate to the original arrest.
842If the court intends to order the sealing of records pertaining
843to such additional arrests, such intent must be specified in the
844order. A criminal justice agency may not seal any record
845pertaining to such additional arrests if the order to seal does
846not articulate the intention of the court to seal records
847pertaining to more than one arrest. This section does not
848prevent the court from ordering the sealing of only a portion of
849a criminal history record pertaining to one arrest or one
850incident of alleged criminal activity. Notwithstanding any law
851to the contrary, a criminal justice agency may comply with laws,
852court orders, and official requests of other jurisdictions
853relating to sealing, correction, or confidential handling of
854criminal history records or information derived therefrom. This
855section does not confer any right to the sealing of any criminal
856history record, and any request for sealing a criminal history
857record may be denied at the sole discretion of the court.
858     (1)  PETITION TO SEAL A CRIMINAL HISTORY RECORD.--Each
859petition to a court to seal a criminal history record is
860complete only when accompanied by:
861     (a)  A valid certificate of eligibility for sealing issued
862by the department pursuant to subsection (2).
863     (b)  The petitioner's sworn statement attesting that the
864petitioner:
865     1.  Has never, prior to the date on which the petition is
866filed, been adjudicated guilty of a criminal offense or
867comparable ordinance violation, or been adjudicated delinquent
868for committing any a felony or a misdemeanor specified in s.
869943.051(3)(b).
870     2.  Has not been adjudicated guilty of or adjudicated
871delinquent for committing any of the acts stemming from the
872arrest or alleged criminal activity to which the petition to
873seal pertains.
874     3.  Has never secured a prior sealing or expunction of a
875criminal history record under this section, former s. 893.14,
876former s. 901.33, former s. 943.058, or from any jurisdiction
877outside the state.
878     4.  Is eligible for such a sealing to the best of his or
879her knowledge or belief and does not have any other petition to
880seal or any petition to expunge pending before any court.
881
882Any person who knowingly provides false information on such
883sworn statement to the court commits a felony of the third
884degree, punishable as provided in s. 775.082, s. 775.083, or s.
885775.084.
886     (2)  CERTIFICATE OF ELIGIBILITY FOR SEALING.--Prior to
887petitioning the court to seal a criminal history record, a
888person seeking to seal a criminal history record shall apply to
889the department for a certificate of eligibility for sealing. The
890department shall, by rule adopted pursuant to chapter 120,
891establish procedures pertaining to the application for and
892issuance of certificates of eligibility for sealing. A
893certificate of eligibility for sealing is valid for 12 months
894after the date stamped on the certificate when issued by the
895department. After that time, the petitioner must reapply to the
896department for a new certificate of eligibility. Eligibility for
897a renewed certification of eligibility must be based on the
898status of the applicant and the law in effect at the time of the
899most recent application. The department shall issue a
900certificate of eligibility for sealing to a person who is the
901subject of a criminal history record provided that such person:
902     (a)  Has submitted to the department a certified copy of
903the disposition of the charge to which the petition to seal
904pertains.
905     (b)  Remits a $75 processing fee to the department for
906placement in the Department of Law Enforcement Operating Trust
907Fund, unless such fee is waived by the executive director.
908     (c)  Has never, prior to the date on which the application
909for a certificate of eligibility is filed, been adjudicated
910guilty of a criminal offense or comparable ordinance violation,
911or been adjudicated delinquent for committing any a felony or a
912misdemeanor specified in s. 943.051(3)(b).
913     (d)  Has not been adjudicated guilty of or adjudicated
914delinquent for committing any of the acts stemming from the
915arrest or alleged criminal activity to which the petition to
916seal pertains.
917     (e)  Has never secured a prior sealing or expunction of a
918criminal history record under this section, former s. 893.14,
919former s. 901.33, or former s. 943.058.
920     (f)  Is no longer under court supervision applicable to the
921disposition of the arrest or alleged criminal activity to which
922the petition to seal pertains.
923     (3)  PROCESSING OF A PETITION OR ORDER TO SEAL.--
924     (a)  In judicial proceedings under this section, a copy of
925the completed petition to seal shall be served upon the
926appropriate state attorney or the statewide prosecutor and upon
927the arresting agency; however, it is not necessary to make any
928agency other than the state a party. The appropriate state
929attorney or the statewide prosecutor and the arresting agency
930may respond to the court regarding the completed petition to
931seal.
932     (b)  If relief is granted by the court, the clerk of the
933court shall certify copies of the order to the appropriate state
934attorney or the statewide prosecutor and to the arresting
935agency. The arresting agency is responsible for forwarding the
936order to any other agency to which the arresting agency
937disseminated the criminal history record information to which
938the order pertains. The department shall forward the order to
939seal to the Federal Bureau of Investigation. The clerk of the
940court shall certify a copy of the order to any other agency
941which the records of the court reflect has received the criminal
942history record from the court.
943     (c)  For an order to seal entered by a court prior to July
9441, 1992, the department shall notify the appropriate state
945attorney or statewide prosecutor of any order to seal which is
946contrary to law because the person who is the subject of the
947record has previously been convicted of a crime or comparable
948ordinance violation or has had a prior criminal history record
949sealed or expunged. Upon receipt of such notice, the appropriate
950state attorney or statewide prosecutor shall take action, within
95160 days, to correct the record and petition the court to void
952the order to seal. The department shall seal the record until
953such time as the order is voided by the court.
954     (d)  On or after July 1, 1992, the department or any other
955criminal justice agency is not required to act on an order to
956seal entered by a court when such order does not comply with the
957requirements of this section. Upon receipt of such an order, the
958department must notify the issuing court, the appropriate state
959attorney or statewide prosecutor, the petitioner or the
960petitioner's attorney, and the arresting agency of the reason
961for noncompliance. The appropriate state attorney or statewide
962prosecutor shall take action within 60 days to correct the
963record and petition the court to void the order. No cause of
964action, including contempt of court, shall arise against any
965criminal justice agency for failure to comply with an order to
966seal when the petitioner for such order failed to obtain the
967certificate of eligibility as required by this section or when
968such order does not comply with the requirements of this
969section.
970     (e)  An order sealing a criminal history record pursuant to
971this section does not require that such record be surrendered to
972the court, and such record shall continue to be maintained by
973the department and other criminal justice agencies.
974     (4)  EFFECT OF CRIMINAL HISTORY RECORD SEALING.--A criminal
975history record of a minor or an adult which is ordered sealed by
976a court of competent jurisdiction pursuant to this section is
977confidential and exempt from the provisions of s. 119.07(1) and
978s. 24(a), Art. I of the State Constitution and is available only
979to the person who is the subject of the record, to the subject's
980attorney, to criminal justice agencies for their respective
981criminal justice purposes, which include conducting a criminal
982history background check for approval of firearms purchases or
983transfers as authorized by state or federal law, or to those
984entities set forth in subparagraphs (a)1., 4., 5., and 6., and
9858. for their respective licensing, access authorization, and
986employment purposes.
987     (a)  The subject of a criminal history record sealed under
988this section or under other provisions of law, including former
989s. 893.14, former s. 901.33, and former s. 943.058, may lawfully
990deny or fail to acknowledge the arrests covered by the sealed
991record, except when the subject of the record:
992     1.  Is a candidate for employment with a criminal justice
993agency;
994     2.  Is a defendant in a criminal prosecution;
995     3.  Concurrently or subsequently petitions for relief under
996this section or s. 943.0585;
997     4.  Is a candidate for admission to The Florida Bar;
998     5.  Is seeking to be employed or licensed by or to contract
999with the Department of Children and Family Services or the
1000Department of Juvenile Justice or to be employed or used by such
1001contractor or licensee in a sensitive position having direct
1002contact with children, the developmentally disabled, the aged,
1003or the elderly as provided in s. 110.1127(3), s. 393.063, s.
1004394.4572(1), s. 397.451, s. 402.302(3), s. 402.313(3), s.
1005409.175(2)(i), s. 415.102(4), s. 415.103, s. 916.106(10) and
1006(13), s. 985.407, or chapter 400; or
1007     6.  Is seeking to be employed or licensed by the Department
1008of Education, any district school board, any university
1009laboratory school, any charter school, any private or parochial
1010school, or any local governmental entity that licenses child
1011care facilities;.
1012     7.  Is attempting to purchase a firearm from a licensed
1013importer, licensed manufacturer, or licensed dealer and is
1014subject to a criminal history background check under state or
1015federal law; or
1016     8.  Is seeking authorization from a Florida seaport
1017identified in s. 311.09 for employment within or access to one
1018or more of such seaports pursuant to s. 311.12 or s. 311.125.
1019     (b)  Subject to the exceptions in paragraph (a), a person
1020who has been granted a sealing under this section, former s.
1021893.14, former s. 901.33, or former s. 943.058 may not be held
1022under any provision of law of this state to commit perjury or to
1023be otherwise liable for giving a false statement by reason of
1024such person's failure to recite or acknowledge a sealed criminal
1025history record.
1026     (c)  Information relating to the existence of a sealed
1027criminal record provided in accordance with the provisions of
1028paragraph (a) is confidential and exempt from the provisions of
1029s. 119.07(1) and s. 24(a), Art. I of the State Constitution,
1030except that the department shall disclose the sealed criminal
1031history record to the entities set forth in subparagraphs (a)1.,
10324., 5., and 6., and 8. for their respective licensing, access
1033authorization, and employment purposes. It is unlawful for any
1034employee of an entity set forth in subparagraph (a)1.,
1035subparagraph (a)4., subparagraph (a)5., or subparagraph (a)6.,
1036or subparagraph (a)8. to disclose information relating to the
1037existence of a sealed criminal history record of a person
1038seeking employment, access authorization, or licensure with such
1039entity or contractor, except to the person to whom the criminal
1040history record relates or to persons having direct
1041responsibility for employment, access authorization, or
1042licensure decisions. Any person who violates the provisions of
1043this paragraph commits a misdemeanor of the first degree,
1044punishable as provided in s. 775.082 or s. 775.083.
1045     (5)  STATUTORY REFERENCES.--Any reference to any other
1046chapter, section, or subdivision of the Florida Statutes in this
1047section constitutes a general reference under the doctrine of
1048incorporation by reference.
1049     Section 12.  Subsection (5) of section 943.13, Florida
1050Statutes, is amended to read:
1051     943.13  Officers' minimum qualifications for employment or
1052appointment.--On or after October 1, 1984, any person employed
1053or appointed as a full-time, part-time, or auxiliary law
1054enforcement officer or correctional officer; on or after October
10551, 1986, any person employed as a full-time, part-time, or
1056auxiliary correctional probation officer; and on or after
1057October 1, 1986, any person employed as a full-time, part-time,
1058or auxiliary correctional officer by a private entity under
1059contract to the Department of Corrections, to a county
1060commission, or to the Department of Management Services shall:
1061     (5)  Have documentation of his or her processed
1062fingerprints on file with the employing agency or, if a private
1063correctional officer, have documentation of his or her processed
1064fingerprints on file with the Department of Corrections or the
1065Criminal Justice Standards and Training Commission. If
1066administrative delays are caused by the department or the
1067Federal Bureau of Investigation and the person has complied with
1068subsections (1)-(4) and (6)-(9), he or she may be employed or
1069appointed for a period not to exceed 1 calendar year from the
1070date he or she was employed or appointed or until return of the
1071processed fingerprints documenting noncompliance with
1072subsections (1)-(4) or subsection (7), whichever occurs first.
1073Beginning January 15, 2007, the department shall retain and
1074enter into the statewide automated fingerprint identification
1075system authorized by s. 943.05 all fingerprints submitted to the
1076department as required by this section. Thereafter, the
1077fingerprints shall be available for all purposes and uses
1078authorized for arrest fingerprint cards entered in the statewide
1079automated fingerprint identification system pursuant to s.
1080943.051. The department shall search all arrest fingerprint
1081cards received pursuant to s. 943.051 against the fingerprints
1082retained in the statewide automated fingerprint identification
1083system pursuant to this section and report to the employing
1084agency any arrest records that are identified with the retained
1085employee's fingerprints. By January 1, 2008, a person who must
1086meet minimum qualifications as provided in this section and
1087whose fingerprints are not retained by the department pursuant
1088to this section must be refingerprinted. These fingerprints must
1089be forwarded to the department for processing and retention.
1090     Section 13.  Section 943.1715, Florida Statutes, is amended
1091to read:
1092     943.1715  Basic skills training relating to diverse
1093populations.--The commission shall establish and maintain
1094standards for instruction of officers in the subject of
1095interpersonal skills relating to diverse populations, with an
1096emphasis on the awareness of cultural differences. Every basic
1097skills course required in order for officers to obtain initial
1098certification must include a minimum of 8 hours training in
1099interpersonal skills with diverse populations.
1100     Section 14.  Section 943.1716, Florida Statutes, is amended
1101to read:
1102     943.1716  Continued employment training relating to diverse
1103populations.--The commission shall by rule require that each
1104officer receive, as part of the 40 hours of required instruction
1105for continued employment or appointment as an officer, 8 hours
1106of instruction in the subject of interpersonal skills relating
1107to diverse populations, with an emphasis on the awareness of
1108cultural differences.
1109     Section 15.  Section 943.2569, Florida Statutes, is
1110repealed.
1111     Section 16.  Section 943.257, Florida Statutes, is amended
1112to read:
1113     943.257  Independent audit documentation subject to
1114inspection.--The Criminal Justice Standards and Training
1115Commission or a center's advisory board may inspect and copy any
1116documents from the center as required to carry out the
1117commission's or the respective board's oversight
1118responsibilities, including information and documents related to
1119applicant evaluations and center expenditures. In addition, the
1120commission or board may inspect and copy the documentation of
1121any internal or independent audits conducted by or on behalf of
1122the centers to ensure that candidate and inservice officer
1123assessments have been made and that expenditures are in
1124conformance with the requirements of this act and with other
1125applicable procedures.
1126     Section 17.  Subsections (1) and (3) of section 943.401,
1127Florida Statutes, are amended to read:
1128     943.401  Public assistance fraud.--
1129     (1)(a)  The Department of Law Enforcement shall investigate
1130all public assistance provided to residents of the state or
1131provided to others by the state made under the provisions of
1132chapter 409 or chapter 414. In the course of such investigation
1133the Department of Law Enforcement shall examine all records,
1134including electronic benefits transfer records and make inquiry
1135of all persons who may have knowledge as to any irregularity
1136incidental to the disbursement of public moneys, food stamps, or
1137other items or benefits authorizations to recipients.
1138     (b)  All public assistance recipients, as a condition
1139precedent to qualification for public assistance under the
1140provisions of chapter 409 or chapter 414, shall first give in
1141writing, to the Agency for Health Care Administration, the
1142Department of Health, the Agency for Workforce Innovation, and
1143the Department of Children and Family Services, as appropriate,
1144and to the Department of Law Enforcement, consent to make
1145inquiry of past or present employers and records, financial or
1146otherwise.
1147     (3)  The results of such investigation shall be reported by
1148the Department of Law Enforcement to the appropriate legislative
1149committees, the Agency for Health Care Administration, the
1150Department of Health, the Agency for Workforce Innovation, and
1151the Department of Children and Family Services, and to such
1152others as the Department of Law Enforcement may determine.
1153     Section 18.  Authority to purchase goodwill and promotional
1154materials.--
1155     (1)  The Legislature recognizes that the Department of Law
1156Enforcement functions as one of the state's primary law
1157enforcement representatives in national and international
1158meetings, conferences, and cooperative efforts. The department
1159often hosts delegates from other federal, state, local, and
1160international agencies and is in a position to function as a
1161representative of the state fostering goodwill and effective
1162interagency working relationships. It is the intent of the
1163Legislature that the department be allowed, consistent with the
1164dignity and integrity of the state, to purchase and distribute
1165material and items of collection to those with whom the
1166department has contact in meetings, conferences, and cooperative
1167efforts.
1168     (2)  In addition to expenditures separately authorized by
1169law, the department may expend not more than $5,000 annually to
1170purchase and distribute promotional materials or items that
1171serve to advance with dignity and integrity the goodwill of this
1172state and the department and to provide basic refreshments at
1173official functions, seminars, or meetings of the department in
1174which dignitaries or representatives from the Federal
1175Government, other states or nationalities, or other agencies are
1176in attendance.
1177     Section 19.  Unauthorized use of Department of Law
1178Enforcement emblems or names prohibited.--
1179     (1)  Whoever, except with the written permission of the
1180executive director of the Department of Law Enforcement or as
1181otherwise expressly authorized by the department, knowingly uses
1182the words "Florida Department of Law Enforcement," the initials
1183"F.D.L.E." or "FDLE," or the words "Florida Capitol Police," or
1184any colorable imitation of such words or initials, or who uses a
1185logo or emblem used by the department in connection with any
1186advertisement, circular, book, pamphlet, or other publication,
1187play, motion picture, broadcast, telecast, or other production,
1188in any Internet web page or upon any product in a manner
1189reasonably calculated to convey the impression that such
1190advertisement, circular, book, pamphlet, or other publication,
1191play, motion picture, broadcast, telecast, or other production,
1192Internet web page, or product is approved, endorsed, or
1193authorized by the Department of Law Enforcement commits a
1194misdemeanor of the first degree, punishable as provided in s.
1195775.082 or s. 775.083, Florida Statutes.
1196     (2)  A violation of this section may be enjoined upon suit
1197by the department or the Department of Legal Affairs upon
1198complaint filed in any court of competent jurisdiction.
1199     Section 20.  Except as otherwise expressly provided in this
1200act, this act shall take effect July 1, 2006.


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