HB 0151

CS

CHAMBER ACTION

1	The Criminal Justice Committee recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to law enforcement; amending s. 790.065,
7	F.S.; requiring the Department of Law Enforcement to
8	review other records in addition to criminal history
9	records to evaluate a potential buyer or transferee of a
10	firearm, including an adjudication of mental defectiveness
11	or a commitment to a mental institution as criteria that
12	prohibit a person from purchasing a firearm; providing
13	definitions; requiring the department to maintain an
14	automated database of persons who are prohibited from
15	purchasing a firearm; requiring each clerk of court to
16	submit certain court records to the department within a
17	certain period; requiring the department to delete certain
18	records from the automated database upon the request of an
19	individual meeting specified conditions; authorizing the
20	department to disclose collected data to other federal or
21	state agencies with regard to the sale or transfer of a
22	firearm; authorizing the department to disclose certain
23	information to the Department of Agriculture and Consumer
24	Services for determining the eligibility of an applicant
25	for a concealed weapons or concealed firearms license;
26	requiring the clerk of court or mental hospital to provide
27	additional information upon request following an appeal of
28	an unapproved sale or transfer of a firearm; amending s.
29	914.25, F.S.; providing for recertification for protective
30	services for an additional period, with reimbursement for
31	expenses from the Victim and Witness Protection Review
32	Committee; providing for unlimited protective services for
33	a victim or witness without reimbursement; amending s.
34	937.021, F.S.; providing immunity to the Department of Law
35	Enforcement, other law enforcement agencies, and media
36	representatives from civil liability for complying in good
37	faith with a request to record or report information of an
38	Amber Alert or Missing Child Alert; providing that a
39	technical or clerical error or incorrect or incomplete
40	information does not overcome the presumption of good
41	faith in reporting information about an Amber Alert or
42	Missing Child Alert; providing that it is a discretionary
43	decision to report, record, or display Amber Alert or
44	Missing Child Alert information received from the local
45	law enforcement agency having jurisdiction; amending s.
46	938.07, F.S.; requiring that a portion of certain court
47	costs imposed for a conviction of driving or boating under
48	the influence be deposited into the Operating Trust Fund
49	of the Department of Law Enforcement instead of the
50	Criminal Justice Standards and Training Trust Fund;
51	amending s. 938.27, F.S.; requiring that investigative
52	costs recovered on behalf of the Department of Law
53	Enforcement be deposited into the department's Forfeiture
54	and Investigative Trust Fund; amending s. 943.052, F.S.;
55	requiring that disposition reports for dispositions
56	relating to minor offenders are mandatory after a
57	specified date; amending s. 68.07, F.S.; requiring a set
58	of fingerprints as part of a name change petition;
59	amending s. 943.05, F.S.; authorizing the Department of
60	Law Enforcement to retain fingerprints in certain
61	circumstances and use retained fingerprints for certain
62	purposes; providing for an annual fee; providing for
63	waiver of the fee for good cause shown; providing for free
64	services for certain purposes; amending s. 943.053, F.S.;
65	requiring the department to make certain information
66	available to judges; limiting use of information;
67	authorizing a criminal justice agency to obtain a criminal
68	history background check of a noncertified agency employee
69	by submitting fingerprints to the department; requiring
70	that the criminal history check be provided by the
71	department in certain circumstances; amending s. 943.0585,
72	F.S.; prohibiting a court from expunging a criminal
73	history record containing certain sexual offenses or
74	certain offenses that require registration as a sexual
75	offender; requiring a valid certificate of eligibility for
76	expunction in a petition to expunge a criminal history
77	record; specifying the time during which a certificate of
78	eligibility for expunction is valid; requiring that a
79	trial may not have occurred in order for a person to
80	obtain a statement from the state attorney authorizing the
81	expunction of a criminal record; authorizing a person who
82	has secured a prior sealing of a criminal history record
83	to seek a certificate of eligibility for expunction if the
84	criminal history record was previously sealed for a
85	certain number of years and is otherwise eligible for
86	expunction; providing that a person who is seeking
87	authorization for employment within or access to a seaport
88	may not deny or fail to acknowledge arrests covered by
89	expunged records; providing that the department may
90	acknowledge expunged criminal history records under
91	certain circumstances; prohibiting seaport employees from
92	disclosing expunged criminal history record information
93	except to certain persons; providing penalties; amending
94	s. 943.059, F.S.; enumerating certain sexual offenses and
95	offenses that require registration as a sexual offender
96	which may not be sealed; requiring a valid certificate of
97	eligibility for sealing in a petition to seal a criminal
98	history record; specifying the period during which a
99	certificate of eligibility for sealing is valid; providing
100	that the information contained in a sealed criminal record
101	is available to a criminal justice agency for the purpose
102	of conducting a criminal history background check for
103	approval of a firearms purchase or transfer; prohibiting a
104	person from denying arrests covered by his or her sealed
105	criminal record when attempting to purchase a firearm;
106	providing that a person who is seeking authorization for
107	employment within or access to a seaport may not deny or
108	fail to acknowledge arrests covered by sealed records;
109	providing that the department may acknowledge sealed
110	criminal history records under certain circumstances;
111	prohibiting seaport employees from disclosing sealed
112	criminal history record information except to certain
113	persons; providing penalties; amending s. 943.13, F.S.;
114	requiring the department to enter law enforcement,
115	correctional, and correctional probation officers'
116	fingerprints into a statewide automated fingerprint
117	identification system; requiring the department to search
118	each arrest fingerprint card received against fingerprints
119	retained in the statewide automated fingerprint
120	identification system; providing for refingerprinting by a
121	certain date; amending ss. 943.1715 and 943.1716, F.S.;
122	deleting the minimum number of hours required for basic
123	skills training and continued employment training relating
124	to diverse populations for law enforcement, correctional,
125	and correctional probation officers; repealing s.
126	943.2569, F.S., relating to an annual financial audit of
127	criminal justice selection centers; amending s. 943.257,
128	F.S.; authorizing the Criminal Justice Standards and
129	Training Commission and the advisory board of a criminal
130	justice selection center to inspect and copy any documents
131	from a center in order to carry out oversight
132	responsibilities, including documents pertaining to any
133	internal or independent audits; amending s. 943.401, F.S.;
134	requiring the department to investigate all public
135	assistance that is provided by the state; requiring public
136	assistance recipients to consent in writing to an
137	investigation into their employment and financial
138	histories by the Agency for Workforce Innovation;
139	requiring the department to report the results of the
140	investigations to the Agency for Workforce Innovation;
141	authorizing the department to purchase goodwill and
142	promotional materials; limiting the annual amount of such
143	expenditures; prohibiting the unauthorized use of the
144	department's emblems and names; providing a penalty;
145	providing effective dates.
146
147	Be It Enacted by the Legislature of the State of Florida:
148
149	Section 1.  Effective February 1, 2007, paragraph (a) of
150	subsection (2) of section 790.065, Florida Statutes, is amended
151	to read:
152	790.065  Sale and delivery of firearms.--
153	(2)  Upon receipt of a request for a criminal history
154	record check, the Department of Law Enforcement shall, during
155	the licensee's call or by return call, forthwith:
156	(a)  Review criminal history records and other records that
157	have been provided to the department to determine if the
158	potential buyer or transferee:
159	1.  Has been convicted of a felony and is prohibited from
160	receipt or possession of a firearm pursuant to s. 790.23;
161	2.  Has been convicted of a misdemeanor crime of domestic
162	violence, and therefore is prohibited from purchasing a firearm;
163	or
164	3.  Has had adjudication of guilt withheld or imposition of
165	sentence suspended on any felony or misdemeanor crime of
166	domestic violence unless 3 years have elapsed since probation or
167	any other conditions set by the court have been fulfilled or
168	expunction has occurred; or.
169	4.  Has been adjudicated mentally defective or has been
170	committed to a mental institution by a court and as a result is
171	prohibited by federal law from purchasing a firearm.
172	a.  As used in this subparagraph, "adjudicated mentally
173	defective" means a determination by a court that a person, as a
174	result of marked subnormal intelligence, or mental illness,
175	incompetency, condition, or disease, is a danger to himself or
176	herself or to others or lacks the mental capacity to contract or
177	manage his or her own affairs. The phrase shall include a
178	judicial finding of incapacity under s. 744.331(6)(a), an
179	acquittal by reason of insanity of a person charged with a
180	criminal offense, and a judicial finding that a criminal
181	defendant is not competent to stand trial.
182	b.  As used in this subparagraph, "committed to a mental
183	institution" means involuntary commitment, commitment for mental
184	defectiveness or mental illness, and commitment for substance
185	abuse. The phrase shall include involuntary inpatient placement
186	as defined in s. 394.467, involuntary assessment and
187	stabilization under s. 397.6818, and involuntary substance abuse
188	treatment under s. 397.6957, but shall not include a person in a
189	mental institution for observation or discharged from a mental
190	institution based upon the initial review by the physician or a
191	voluntary admission to a mental institution.
192	c.  In order to check for these conditions, the department
193	shall compile and maintain an automated database of persons who
194	are prohibited from purchasing a firearm based on court records
195	of adjudications of mental defectiveness or commitments to
196	mental institutions. Clerks of court are required to submit
197	these records to the department within 1 month after the
198	rendition of the adjudication or commitment. Reports may be
199	submitted in an automated format. The reports must, at a
200	minimum, include the name, along with any known alias or former
201	name, the sex, and the date of birth of the subject. The
202	department shall delete any mental health record from the
203	database upon request of an individual when 5 years have elapsed
204	since the individual's restoration to capacity by court order
205	after being adjudicated an incapacitated person under s.
206	744.331, or similar laws of any other state; or, in the case of
207	an individual who was previously committed to a mental
208	institution under chapter 394, or similar laws of any other
209	state, when the individual produces a certificate from a
210	licensed psychiatrist that he or she has not suffered from
211	disability for at least 5 years prior to the date of request for
212	removal of the record. Where the department has received a
213	subsequent record of an adjudication of mental defectiveness or
214	commitment to a mental institution for such individual, the 5-
215	year timeframe shall be calculated from the most recent
216	adjudication of incapacitation or commitment.
217	d.  The department is authorized to disclose the collected
218	data to agencies of the Federal Government and other states for
219	use exclusively in determining the lawfulness of a firearm sale
220	or transfer. The department is also authorized to disclose any
221	applicable collected data to the Department of Agriculture and
222	Consumer Services for determination of eligibility for issuance
223	of a concealed weapons or concealed firearms license upon
224	receipt of an applicant fingerprint submission forwarded
225	pursuant to s. 790.06(6)(a). When a potential buyer or
226	transferee appeals a nonapproval based on these records, the
227	clerks of court and mental institutions shall, upon request by
228	the department, provide information to help determine whether
229	the potential buyer or transferee is the same person as the
230	subject of the record. Photographs and any other data that could
231	confirm or negate identity must be made available to the
232	department for such purposes, notwithstanding any other
233	provision of state law to the contrary. Any such information
234	that is made confidential or exempt from disclosure by law shall
235	retain such confidential or exempt status when transferred to
236	the department.
237	Section 2.  Subsections (4) and (5) of section 914.25,
238	Florida Statutes, are amended to read:
239	914.25  Protective services for certain victims and
240	witnesses.--
241	(4)(a)  When a victim or witness is certified as provided
242	in subsection (3), a law enforcement agency, in consultation
243	with the certifying state attorney or the statewide prosecutor,
244	may provide appropriate protective services. If a victim or
245	witness needs to be temporarily relocated, the statewide
246	prosecutor or the state attorney must notify the Department of
247	Law Enforcement. The Department of Law Enforcement, in
248	consultation with the statewide prosecutor or the state
249	attorney, and any other law enforcement agency involved in the
250	criminal investigation or prosecution, shall coordinate the
251	temporary relocation of the victim or witness.
252	(b)  Protective services, including temporary relocation
253	services, may initially be provided for up to 1 year or until
254	the risk giving rise to the certification has diminished,
255	whichever occurs sooner. If deemed necessary, The statewide
256	prosecutor or the state attorney may, at the end of the
257	certification year, recertify a victim or witness at risk of
258	harm for an additional period of up to 1 year or until the risk
259	giving rise to the certification has diminished, whichever
260	occurs first. A victim or witness at risk of harm may be
261	certified and recertified annually as provided in this section
262	to provide a maximum of 4 years of eligibility for protective
263	services.
264	(5)  The lead law enforcement agency that provides
265	protective services, as authorized in this section, may seek
266	reimbursement for its reasonable expenses from the Victim and
267	Witness Protection Review Committee, pursuant to the provisions
268	of s. 943.031. This section does not prevent any law enforcement
269	agency from providing protective services at the agency's
270	expense beyond the 4-year maximum period established in this
271	section. Any such additional expenditures for protective
272	services are not eligible for the reimbursement provided in this
273	section.
274	Section 3.  Subsection (3) is added to section 937.021,
275	Florida Statutes, to read:
276	937.021  Missing child reports.--
277	(3)(a)  Upon receiving a request to record, report,
278	transmit, display, or release Amber Alert or Missing Child Alert
279	information from the law enforcement agency having jurisdiction
280	over the missing or endangered child, the Department of Law
281	Enforcement as the state Amber Alert coordinator; any state or
282	local law enforcement agency and the personnel of these
283	agencies; any radio or television network, broadcaster, or other
284	media representative; or any agency, employee, individual, or
285	entity is immune from civil liability for damages for complying
286	in good faith with the request and is presumed to have acted in
287	good faith in recording, reporting, transmitting, displaying, or
288	releasing Amber Alert or Missing Child Alert information
289	pertaining to such child.
290	(b)  The presumption of good faith is not overcome if a
291	technical or clerical error is made by any such agency,
292	employee, individual, or entity acting at the request of the
293	local law enforcement agency having jurisdiction or if the Amber
294	Alert or Missing Child Alert information is incomplete or
295	incorrect because the information received from the local law
296	enforcement agency was incomplete or incorrect.
297	(c)  Neither this subsection nor any other provision of law
298	creates a duty of the agency, employee, individual, or entity to
299	record, report, transmit, display, or release the Amber Alert or
300	Missing Child Alert information received from the local law
301	enforcement agency having jurisdiction. The decision to record,
302	report, transmit, display, or release information is
303	discretionary with the agency, employee, individual, or entity
304	receiving that information from the local law enforcement agency
305	having jurisdiction.
306	Section 4.  Section 938.07, Florida Statutes, is amended to
307	read:
308	938.07  Driving or boating under the
309	influence.--Notwithstanding any other provision of s. 316.193 or
310	s. 327.35, a court cost of $135 shall be added to any fine
311	imposed pursuant to s. 316.193 or s. 327.35. The clerks shall
312	remit the funds to the Department of Revenue, $25 of which shall
313	be deposited in the Emergency Medical Services Trust Fund, $50
314	shall be deposited in the Operating Criminal Justice Standards
315	and Training Trust Fund of the Department of Law Enforcement to
316	be used for operational expenses in conducting the statewide
317	criminal analysis laboratory system established in s. 943.32,
318	and $60 shall be deposited in the Brain and Spinal Cord Injury
319	Rehabilitation Trust Fund created in s. 381.79.
320	Section 5.  Subsection (7) of section 938.27, Florida
321	Statutes, is amended to read:
322	938.27  Judgment for costs on conviction.--
323	(7)  Investigative costs that which are recovered shall be
324	returned to the appropriate investigative agency that which
325	incurred the expense. Such costs shall include actual expenses
326	incurred in conducting the investigation and prosecution of the
327	criminal case; however, costs may also include the salaries of
328	permanent employees. Any investigative costs recovered on behalf
329	of a state agency must be remitted to the Department of Revenue
330	for deposit in the agency operating trust fund, and a report of
331	the payment must be sent to the agency, except that any
332	investigative costs recovered on behalf of the Department of Law
333	Enforcement shall be deposited in the department's Forfeiture
334	and Investigative Support Trust Fund under s. 943.362.
335	Section 6.  Subsection (2) of section 943.052, Florida
336	Statutes, is amended to read:
337	943.052  Disposition reporting.--The Criminal Justice
338	Information Program shall, by rule, establish procedures and a
339	format for each criminal justice agency to monitor its records
340	and submit reports, as provided by this section, to the program.
341	The disposition report shall be developed by the program and
342	shall include the offender-based transaction system number.
343	(2)  Each clerk of the court shall submit the uniform
344	dispositions to the program or in a manner acceptable to the
345	program. The report shall be submitted at least once a month
346	and, when acceptable by the program, may be submitted in an
347	automated format. The disposition report is mandatory for
348	dispositions relating to adult offenders only. Beginning July 1,
349	2008, a disposition report for each disposition relating to a
350	minor offender is mandatory.
351	Section 7.  Subsections (2) and (5) of section 68.07,
352	Florida Statutes, are amended to read:
353	68.07  Change of name.--
354	(2)  The petition shall include a set copy of the
355	petitioner's fingerprints taken by a law enforcement agency
356	except where a former name is being restored and be verified and
357	show:
358	(a)  That petitioner is a bona fide resident of and
359	domiciled in the county where the change of name is sought.
360	(b)  If known, the date and place of birth of petitioner,
361	petitioner's father's name, mother's maiden name, and where
362	petitioner has resided since birth.
363	(c)  If petitioner is married, the name of petitioner's
364	spouse and if petitioner has children, the names and ages of
365	each and where they reside.
366	(d)  If petitioner's name has previously been changed and
367	when and where and by what court.
368	(e)  Petitioner's occupation and where petitioner is
369	employed and has been employed for 5 years next preceding filing
370	of the petition. If petitioner owns and operates a business, the
371	name and place of it shall be stated and petitioner's connection
372	therewith and how long petitioner has been identified with said
373	business. If petitioner is in a profession, the profession shall
374	be stated, where the petitioner has practiced the profession and
375	if a graduate of a school or schools, the name or names thereof,
376	time of graduation, and degrees received.
377	(f)  Whether the petitioner has been generally known or
378	called by any other names and if so, by what names and where.
379	(g)  Whether petitioner has ever been adjudicated a
380	bankrupt and if so, where and when.
381	(h)  Whether petitioner has ever been arrested for or
382	charged with, pled guilty or nolo contendere to, or been found
383	to have committed a criminal offense, regardless of
384	adjudication, and if so, when and where.
385	(i)  Whether any money judgment has ever been entered
386	against petitioner and if so, the name of the judgment creditor,
387	the amount and date thereof, the court by which entered, and
388	whether the judgment has been satisfied.
389	(j)  That the petition is filed for no ulterior or illegal
390	purpose and granting it will not in any manner invade the
391	property rights of others, whether partnership, patent, good
392	will, privacy, trademark, or otherwise.
393	(k)  That the petitioner's civil rights have never been
394	suspended, or if the petitioner's civil rights have been
395	suspended, that full restoration of civil rights has occurred.
396	(5)  The clerk must, upon the filing of the final judgment,
397	send a report of the judgment to the Department of Law
398	Enforcement on a form to be furnished by that department. The
399	Department of Law Enforcement must send a copy of the report to
400	the Department of Highway Safety and Motor Vehicles, which may
401	be delivered by electronic transmission. The report must contain
402	sufficient information to identify the petitioner, including a
403	set copy of the petitioner's fingerprints taken by a law
404	enforcement agency, the new name of the petitioner, and the file
405	number of the judgment. Any information retained by the
406	Department of Law Enforcement and the Department of Highway
407	Safety and Motor Vehicles may be revised or supplemented by said
408	departments to reflect changes made by the final judgment. With
409	respect to a person convicted of a felony in another state or of
410	a federal offense, the Department of Law Enforcement must send
411	the report to the respective state's office of law enforcement
412	records or to the office of the Federal Bureau of Investigation.
413	The Department of Law Enforcement may forward the report to any
414	other law enforcement agency it believes may retain information
415	related to the petitioner. Any costs associated with
416	fingerprinting must be paid by the petitioner.
417	Section 8.  Paragraphs (g) and (h) are added to subsection
418	(2) of section 943.05, Florida Statutes, to read:
419	943.05  Criminal Justice Information Program; duties; crime
420	reports.--
421	(2)  The program shall:
422	(g)  As authorized by law, retain fingerprints submitted by
423	criminal and noncriminal justice agencies to the department for
424	a criminal history background screening in a manner provided by
425	law and enter the fingerprints in the statewide automated
426	fingerprint identification system authorized by paragraph (b).
427	Such fingerprints shall thereafter be available for all purposes
428	and uses authorized for arrest fingerprint cards entered into
429	the statewide automated fingerprint identification system
430	pursuant to s. 943.051.
431	(h)1.  As authorized by law, search all arrest fingerprint
432	cards received under s. 943.051 against the fingerprints
433	retained in the statewide automated fingerprint identification
434	system under paragraph (g). Any arrest record that is identified
435	with the retained fingerprints of a person subject to background
436	screening as provided in paragraph (g) shall be reported to the
437	appropriate agency.
438	2.  Agencies may participate in this search process by
439	payment of an annual fee to the department and by informing the
440	department of any change in the affiliation, employment, or
441	contractual status or place of affiliation, employment, or
442	contracting of the persons whose fingerprints are retained under
443	paragraph (g). The department shall adopt a rule setting the
444	amount of the annual fee to be imposed upon each participating
445	agency for performing these searches and establishing the
446	procedures for the retention of fingerprints and the
447	dissemination of search results. The fee may be borne as
448	provided by law. Fees may be waived or reduced by the executive
449	director for good cause shown. Consistent with the recognition
450	of criminal justice agencies expressed in s. 943.053(3), these
451	services will be provided to criminal justice agencies for
452	criminal justice purposes free of charge.
453	Section 9.  Subsections (5) through (9) of section 943.053,
454	Florida Statutes, are renumbered as subsections (6) through
455	(10), respectively, and new subsections (5), (11), and (12) are
456	added to that section, to read:
457	943.053  Dissemination of criminal justice information;
458	fees.--
459	(5)  Notwithstanding the provisions of s. 943.0525, and any
460	user agreements adopted pursuant thereto, and notwithstanding
461	the confidentiality of sealed records as provided for in s.
462	943.059, the department shall make online access to Florida
463	criminal justice information available to each judge in the
464	state courts system for the purpose of assisting judges in their
465	case-related decisionmaking responsibilities. Such online access
466	shall be provided without charge to the state courts system.
467	Sealed records received by the courts under this section remain
468	confidential and exempt from the provisions of s. 119.07(1). The
469	information provided pursuant to this section shall not take the
470	place of any information required to be provided to the courts
471	by any other agency or entity. Information provided under this
472	section shall be used only for the official court business for
473	which it was requested and may not be further disseminated.
474	(11)  A criminal justice agency that is authorized under
475	federal rules or law to conduct a criminal history background
476	check on an agency employee who is not certified by the Criminal
477	Justice Standards and Training Commission under s. 943.12 may
478	submit to the department the fingerprints of the noncertified
479	employee to obtain state and national criminal history
480	information. Effective January 15, 2007, the fingerprints
481	submitted shall be retained and entered in the statewide
482	automated fingerprint identification system authorized by s.
483	943.05 and shall be available for all purposes and uses
484	authorized for arrest fingerprint cards entered in the statewide
485	automated fingerprint identification system pursuant to s.
486	943.051. The department shall search all arrest fingerprint
487	cards received pursuant to s. 943.051 against the fingerprints
488	retained in the statewide automated fingerprint identification
489	system pursuant to this section. In addition to all purposes and
490	uses authorized for arrest fingerprint cards for which submitted
491	fingerprints may be used, any arrest record that is identified
492	with the retained employee fingerprints must be reported to the
493	submitting employing agency.
494	(12)  Notwithstanding any other provision of law, when a
495	criminal history check or a duty to disclose the absence of a
496	criminal history check is mandated by state law, or when a
497	privilege or benefit is conferred by state law in return for
498	exercising an option of conducting a criminal history check, the
499	referenced criminal history check, whether it is an initial or
500	renewal check, shall include a Florida criminal history provided
501	by the department as set forth in this section. Such Florida
502	criminal history information may be provided by a private vendor
503	only if that information is directly obtained from the
504	department for each request. When a national criminal history
505	check is required or authorized by state law, the national
506	criminal history check shall be submitted by and through the
507	department in the manner established by the department for such
508	checks, unless otherwise required by federal law. The fee for
509	criminal history information as established by state law or, in
510	the case of national checks, by the Federal Government, shall be
511	borne by the person or entity submitting the request, or as
512	provided by law. Criminal history information provided by any
513	other governmental entity of this state or any private entity
514	shall not be substituted for criminal history information
515	provided by the department when the criminal history check or a
516	duty to disclose the absence of a criminal history check is
517	required by statute or is made a condition of a privilege or
518	benefit by law.
519	Section 10.  Section 943.0585, Florida Statutes, is amended
520	to read:
521	943.0585  Court-ordered expunction of criminal history
522	records.--The courts of this state have jurisdiction over their
523	own procedures, including the maintenance, expunction, and
524	correction of judicial records containing criminal history
525	information to the extent such procedures are not inconsistent
526	with the conditions, responsibilities, and duties established by
527	this section. Any court of competent jurisdiction may order a
528	criminal justice agency to expunge the criminal history record
529	of a minor or an adult who complies with the requirements of
530	this section. The court shall not order a criminal justice
531	agency to expunge a criminal history record until the person
532	seeking to expunge a criminal history record has applied for and
533	received a certificate of eligibility for expunction pursuant to
534	subsection (2). A criminal history record that relates to a
535	violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794,
536	s. 796.03, s. 800.04, s. 810.14, s. 817.034, s. 825.1025, s.
537	827.071, chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s.
538	893.135, s. 916.1075, or a violation enumerated in s. 907.041,
539	or any violation specified as a predicate offense for
540	registration as a sexual predator pursuant to s. 775.21, without
541	regard to whether that offense alone is sufficient to require
542	such registration, or for registration as a sexual offender
543	pursuant to s. 943.0435, may not be expunged, without regard to
544	whether adjudication was withheld, if the defendant was found
545	guilty of or pled guilty or nolo contendere to the offense, or
546	if the defendant, as a minor, was found to have committed, or
547	pled guilty or nolo contendere to committing, the offense as a
548	delinquent act. The court may only order expunction of a
549	criminal history record pertaining to one arrest or one incident
550	of alleged criminal activity, except as provided in this
551	section. The court may, at its sole discretion, order the
552	expunction of a criminal history record pertaining to more than
553	one arrest if the additional arrests directly relate to the
554	original arrest. If the court intends to order the expunction of
555	records pertaining to such additional arrests, such intent must
556	be specified in the order. A criminal justice agency may not
557	expunge any record pertaining to such additional arrests if the
558	order to expunge does not articulate the intention of the court
559	to expunge a record pertaining to more than one arrest. This
560	section does not prevent the court from ordering the expunction
561	of only a portion of a criminal history record pertaining to one
562	arrest or one incident of alleged criminal activity.
563	Notwithstanding any law to the contrary, a criminal justice
564	agency may comply with laws, court orders, and official requests
565	of other jurisdictions relating to expunction, correction, or
566	confidential handling of criminal history records or information
567	derived therefrom. This section does not confer any right to the
568	expunction of any criminal history record, and any request for
569	expunction of a criminal history record may be denied at the
570	sole discretion of the court.
571	(1)  PETITION TO EXPUNGE A CRIMINAL HISTORY RECORD.--Each
572	petition to a court to expunge a criminal history record is
573	complete only when accompanied by:
574	(a)  A valid certificate of eligibility for expunction
575	issued by the department pursuant to subsection (2).
576	(b)  The petitioner's sworn statement attesting that the
577	petitioner:
578	1.  Has never, prior to the date on which the petition is
579	filed, been adjudicated guilty of a criminal offense or
580	comparable ordinance violation, or been adjudicated delinquent
581	for committing any a felony or a misdemeanor specified in s.
582	943.051(3)(b).
583	2.  Has not been adjudicated guilty of, or adjudicated
584	delinquent for committing, any of the acts stemming from the
585	arrest or alleged criminal activity to which the petition
586	pertains.
587	3.  Has never secured a prior sealing or expunction of a
588	criminal history record under this section, former s. 893.14,
589	former s. 901.33, or former s. 943.058, or from any jurisdiction
590	outside the state, unless expunction is sought of a criminal
591	history record previously sealed for 10 years pursuant to
592	paragraph (2)(h) and the record is otherwise eligible for
593	expunction.
594	4.  Is eligible for such an expunction to the best of his
595	or her knowledge or belief and does not have any other petition
596	to expunge or any petition to seal pending before any court.
597
598	Any person who knowingly provides false information on such
599	sworn statement to the court commits a felony of the third
600	degree, punishable as provided in s. 775.082, s. 775.083, or s.
601	775.084.
602	(2)  CERTIFICATE OF ELIGIBILITY FOR EXPUNCTION.--Prior to
603	petitioning the court to expunge a criminal history record, a
604	person seeking to expunge a criminal history record shall apply
605	to the department for a certificate of eligibility for
606	expunction. The department shall, by rule adopted pursuant to
607	chapter 120, establish procedures pertaining to the application
608	for and issuance of certificates of eligibility for expunction.
609	A certificate of eligibility for expunction is valid for 12
610	months after the date stamped on the certificate when issued by
611	the department. After that time, the petitioner must reapply to
612	the department for a new certificate of eligibility. Eligibility
613	for a renewed certification of eligibility must be based on the
614	status of the applicant and the law in effect at the time of the
615	most recent application. The department shall issue a
616	certificate of eligibility for expunction to a person who is the
617	subject of a criminal history record if that person:
618	(a)  Has obtained, and submitted to the department, a
619	written, certified statement from the appropriate state attorney
620	or statewide prosecutor which indicates:
621	1.  That an indictment, information, or other charging
622	document was not filed or issued in the case.
623	2.  That an indictment, information, or other charging
624	document, if filed or issued in the case, was dismissed or nolle
625	prosequi by the state attorney or statewide prosecutor, or was
626	dismissed by a court of competent jurisdiction, and that none of
627	the charges related to the arrest or alleged criminal activity
628	to which the petition to expunge pertains resulted in a trial,
629	without regard to whether the outcome of the trial was other
630	than an adjudication of guilt.
631	3.  That the criminal history record does not relate to a
632	violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794,
633	s. 796.03, s. 800.04, s. 810.14, s. 817.034, s. 825.1025, s.
634	827.071, chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s.
635	893.135, s. 916.1075, or a violation enumerated in s. 907.041,
636	or any violation specified as a predicate offense for
637	registration as a sexual predator pursuant to s. 775.21, without
638	regard to whether that offense alone is sufficient to require
639	such registration, or for registration as a sexual offender
640	pursuant to s. 943.0435, where the defendant was found guilty
641	of, or pled guilty or nolo contendere to any such offense, or
642	that the defendant, as a minor, was found to have committed, or
643	pled guilty or nolo contendere to committing, such an offense as
644	a delinquent act, without regard to whether adjudication was
645	withheld.
646	(b)  Remits a $75 processing fee to the department for
647	placement in the Department of Law Enforcement Operating Trust
648	Fund, unless such fee is waived by the executive director.
649	(c)  Has submitted to the department a certified copy of
650	the disposition of the charge to which the petition to expunge
651	pertains.
652	(d)  Has never, prior to the date on which the application
653	for a certificate of eligibility is filed, been adjudicated
654	guilty of a criminal offense or comparable ordinance violation,
655	or been adjudicated delinquent for committing any a felony or a
656	misdemeanor specified in s. 943.051(3)(b).
657	(e)  Has not been adjudicated guilty of, or adjudicated
658	delinquent for committing, any of the acts stemming from the
659	arrest or alleged criminal activity to which the petition to
660	expunge pertains.
661	(f)  Has never secured a prior sealing or expunction of a
662	criminal history record under this section, former s. 893.14,
663	former s. 901.33, or former s. 943.058, unless expunction is
664	sought of a criminal history record previously sealed for 10
665	years pursuant to paragraph (h) and the record is otherwise
666	eligible for expunction.
667	(g)  Is no longer under court supervision applicable to the
668	disposition of the arrest or alleged criminal activity to which
669	the petition to expunge pertains.
670	(h)  Has previously obtained a court order sealing the
671	record under this section, former s. 893.14, former s. 901.33,
672	or former s. 943.058 for a minimum of 10 years because
673	adjudication was withheld or because all charges related to the
674	arrest or alleged criminal activity to which the petition to
675	expunge pertains were not dismissed prior to trial, without
676	regard to whether the outcome of the trial was other than an
677	adjudication of guilt. The requirement for the record to have
678	previously been sealed for a minimum of 10 years does not apply
679	when a plea was not entered or all charges related to the arrest
680	or alleged criminal activity to which the petition to expunge
681	pertains were dismissed prior to trial. Is not required to wait
682	a minimum of 10 years prior to being eligible for an expunction
683	of such records because all charges related to the arrest or
684	criminal activity to which the petition to expunge pertains were
685	dismissed prior to trial, adjudication, or the withholding of
686	adjudication. Otherwise, such criminal history record must be
687	sealed under this section, former s. 893.14, former s. 901.33,
688	or former s. 943.058 for at least 10 years before such record is
689	eligible for expunction.
690	(3)  PROCESSING OF A PETITION OR ORDER TO EXPUNGE.--
691	(a)  In judicial proceedings under this section, a copy of
692	the completed petition to expunge shall be served upon the
693	appropriate state attorney or the statewide prosecutor and upon
694	the arresting agency; however, it is not necessary to make any
695	agency other than the state a party. The appropriate state
696	attorney or the statewide prosecutor and the arresting agency
697	may respond to the court regarding the completed petition to
698	expunge.
699	(b)  If relief is granted by the court, the clerk of the
700	court shall certify copies of the order to the appropriate state
701	attorney or the statewide prosecutor and the arresting agency.
702	The arresting agency is responsible for forwarding the order to
703	any other agency to which the arresting agency disseminated the
704	criminal history record information to which the order pertains.
705	The department shall forward the order to expunge to the Federal
706	Bureau of Investigation. The clerk of the court shall certify a
707	copy of the order to any other agency which the records of the
708	court reflect has received the criminal history record from the
709	court.
710	(c)  For an order to expunge entered by a court prior to
711	July 1, 1992, the department shall notify the appropriate state
712	attorney or statewide prosecutor of an order to expunge which is
713	contrary to law because the person who is the subject of the
714	record has previously been convicted of a crime or comparable
715	ordinance violation or has had a prior criminal history record
716	sealed or expunged. Upon receipt of such notice, the appropriate
717	state attorney or statewide prosecutor shall take action, within
718	60 days, to correct the record and petition the court to void
719	the order to expunge. The department shall seal the record until
720	such time as the order is voided by the court.
721	(d)  On or after July 1, 1992, the department or any other
722	criminal justice agency is not required to act on an order to
723	expunge entered by a court when such order does not comply with
724	the requirements of this section. Upon receipt of such an order,
725	the department must notify the issuing court, the appropriate
726	state attorney or statewide prosecutor, the petitioner or the
727	petitioner's attorney, and the arresting agency of the reason
728	for noncompliance. The appropriate state attorney or statewide
729	prosecutor shall take action within 60 days to correct the
730	record and petition the court to void the order. No cause of
731	action, including contempt of court, shall arise against any
732	criminal justice agency for failure to comply with an order to
733	expunge when the petitioner for such order failed to obtain the
734	certificate of eligibility as required by this section or such
735	order does not otherwise comply with the requirements of this
736	section.
737	(4)  EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.--Any
738	criminal history record of a minor or an adult which is ordered
739	expunged by a court of competent jurisdiction pursuant to this
740	section must be physically destroyed or obliterated by any
741	criminal justice agency having custody of such record; except
742	that any criminal history record in the custody of the
743	department must be retained in all cases. A criminal history
744	record ordered expunged that is retained by the department is
745	confidential and exempt from the provisions of s. 119.07(1) and
746	s. 24(a), Art. I of the State Constitution and not available to
747	any person or entity except upon order of a court of competent
748	jurisdiction. A criminal justice agency may retain a notation
749	indicating compliance with an order to expunge.
750	(a)  The person who is the subject of a criminal history
751	record that is expunged under this section or under other
752	provisions of law, including former s. 893.14, former s. 901.33,
753	and former s. 943.058, may lawfully deny or fail to acknowledge
754	the arrests covered by the expunged record, except when the
755	subject of the record:
756	1.  Is a candidate for employment with a criminal justice
757	agency;
758	2.  Is a defendant in a criminal prosecution;
759	3.  Concurrently or subsequently petitions for relief under
760	this section or s. 943.059;
761	4.  Is a candidate for admission to The Florida Bar;
762	5.  Is seeking to be employed or licensed by or to contract
763	with the Department of Children and Family Services or the
764	Department of Juvenile Justice or to be employed or used by such
765	contractor or licensee in a sensitive position having direct
766	contact with children, the developmentally disabled, the aged,
767	or the elderly as provided in s. 110.1127(3), s. 393.063, s.
768	394.4572(1), s. 397.451, s. 402.302(3), s. 402.313(3), s.
769	409.175(2)(i), s. 415.102(4), s. 916.106(10) and (13), s.
770	985.407, or chapter 400; or
771	6.  Is seeking to be employed or licensed by the Department
772	of Education, any district school board, any university
773	laboratory school, any charter school, any private or parochial
774	school, or any local governmental entity that licenses child
775	care facilities; or
776	7.  Is seeking authorization from a Florida seaport
777	identified in s. 311.09 for employment within or access to one
778	or more of such seaports pursuant to s. 311.12 or s. 311.125.
779	(b)  Subject to the exceptions in paragraph (a), a person
780	who has been granted an expunction under this section, former s.
781	893.14, former s. 901.33, or former s. 943.058 may not be held
782	under any provision of law of this state to commit perjury or to
783	be otherwise liable for giving a false statement by reason of
784	such person's failure to recite or acknowledge an expunged
785	criminal history record.
786	(c)  Information relating to the existence of an expunged
787	criminal history record which is provided in accordance with
788	paragraph (a) is confidential and exempt from the provisions of
789	s. 119.07(1) and s. 24(a), Art. I of the State Constitution,
790	except that the department shall disclose the existence of a
791	criminal history record ordered expunged to the entities set
792	forth in subparagraphs (a)1., 4., 5., and 6., and 7. for their
793	respective licensing, access authorization, and employment
794	purposes, and to criminal justice agencies for their respective
795	criminal justice purposes. It is unlawful for any employee of an
796	entity set forth in subparagraph (a)1., subparagraph (a)4.,
797	subparagraph (a)5., or subparagraph (a)6., or subparagraph(a)7.
798	to disclose information relating to the existence of an expunged
799	criminal history record of a person seeking employment, access
800	authorization, or licensure with such entity or contractor,
801	except to the person to whom the criminal history record relates
802	or to persons having direct responsibility for employment,
803	access authorization, or licensure decisions. Any person who
804	violates this paragraph commits a misdemeanor of the first
805	degree, punishable as provided in s. 775.082 or s. 775.083.
806	(5)  STATUTORY REFERENCES.--Any reference to any other
807	chapter, section, or subdivision of the Florida Statutes in this
808	section constitutes a general reference under the doctrine of
809	incorporation by reference.
810	Section 11.  Section 943.059, Florida Statutes, is amended
811	to read:
812	943.059  Court-ordered sealing of criminal history
813	records.--The courts of this state shall continue to have
814	jurisdiction over their own procedures, including the
815	maintenance, sealing, and correction of judicial records
816	containing criminal history information to the extent such
817	procedures are not inconsistent with the conditions,
818	responsibilities, and duties established by this section. Any
819	court of competent jurisdiction may order a criminal justice
820	agency to seal the criminal history record of a minor or an
821	adult who complies with the requirements of this section. The
822	court shall not order a criminal justice agency to seal a
823	criminal history record until the person seeking to seal a
824	criminal history record has applied for and received a
825	certificate of eligibility for sealing pursuant to subsection
826	(2). A criminal history record that relates to a violation of s.
827	393.135, s. 394.4593, s. 787.025, chapter 794, s. 796.03, s.
828	800.04, s. 810.14, s. 817.034, s. 825.1025, s. 827.071, chapter
829	839, s. 847.0133, s. 847.0135, s. 847.0145, s. 893.135, s.
830	916.1075, or a violation enumerated in s. 907.041, or any
831	violation specified as a predicate offense for registration as a
832	sexual predator pursuant to s. 775.21, without regard to whether
833	that offense alone is sufficient to require such registration,
834	or for registration as a sexual offender pursuant to s.
835	943.0435, may not be sealed, without regard to whether
836	adjudication was withheld, if the defendant was found guilty of
837	or pled guilty or nolo contendere to the offense, or if the
838	defendant, as a minor, was found to have committed or pled
839	guilty or nolo contendere to committing the offense as a
840	delinquent act. The court may only order sealing of a criminal
841	history record pertaining to one arrest or one incident of
842	alleged criminal activity, except as provided in this section.
843	The court may, at its sole discretion, order the sealing of a
844	criminal history record pertaining to more than one arrest if
845	the additional arrests directly relate to the original arrest.
846	If the court intends to order the sealing of records pertaining
847	to such additional arrests, such intent must be specified in the
848	order. A criminal justice agency may not seal any record
849	pertaining to such additional arrests if the order to seal does
850	not articulate the intention of the court to seal records
851	pertaining to more than one arrest. This section does not
852	prevent the court from ordering the sealing of only a portion of
853	a criminal history record pertaining to one arrest or one
854	incident of alleged criminal activity. Notwithstanding any law
855	to the contrary, a criminal justice agency may comply with laws,
856	court orders, and official requests of other jurisdictions
857	relating to sealing, correction, or confidential handling of
858	criminal history records or information derived therefrom. This
859	section does not confer any right to the sealing of any criminal
860	history record, and any request for sealing a criminal history
861	record may be denied at the sole discretion of the court.
862	(1)  PETITION TO SEAL A CRIMINAL HISTORY RECORD.--Each
863	petition to a court to seal a criminal history record is
864	complete only when accompanied by:
865	(a)  A valid certificate of eligibility for sealing issued
866	by the department pursuant to subsection (2).
867	(b)  The petitioner's sworn statement attesting that the
868	petitioner:
869	1.  Has never, prior to the date on which the petition is
870	filed, been adjudicated guilty of a criminal offense or
871	comparable ordinance violation, or been adjudicated delinquent
872	for committing any a felony or a misdemeanor specified in s.
873	943.051(3)(b).
874	2.  Has not been adjudicated guilty of or adjudicated
875	delinquent for committing any of the acts stemming from the
876	arrest or alleged criminal activity to which the petition to
877	seal pertains.
878	3.  Has never secured a prior sealing or expunction of a
879	criminal history record under this section, former s. 893.14,
880	former s. 901.33, former s. 943.058, or from any jurisdiction
881	outside the state.
882	4.  Is eligible for such a sealing to the best of his or
883	her knowledge or belief and does not have any other petition to
884	seal or any petition to expunge pending before any court.
885
886	Any person who knowingly provides false information on such
887	sworn statement to the court commits a felony of the third
888	degree, punishable as provided in s. 775.082, s. 775.083, or s.
889	775.084.
890	(2)  CERTIFICATE OF ELIGIBILITY FOR SEALING.--Prior to
891	petitioning the court to seal a criminal history record, a
892	person seeking to seal a criminal history record shall apply to
893	the department for a certificate of eligibility for sealing. The
894	department shall, by rule adopted pursuant to chapter 120,
895	establish procedures pertaining to the application for and
896	issuance of certificates of eligibility for sealing. A
897	certificate of eligibility for sealing is valid for 12 months
898	after the date stamped on the certificate when issued by the
899	department. After that time, the petitioner must reapply to the
900	department for a new certificate of eligibility. Eligibility for
901	a renewed certification of eligibility must be based on the
902	status of the applicant and the law in effect at the time of the
903	most recent application. The department shall issue a
904	certificate of eligibility for sealing to a person who is the
905	subject of a criminal history record provided that such person:
906	(a)  Has submitted to the department a certified copy of
907	the disposition of the charge to which the petition to seal
908	pertains.
909	(b)  Remits a $75 processing fee to the department for
910	placement in the Department of Law Enforcement Operating Trust
911	Fund, unless such fee is waived by the executive director.
912	(c)  Has never, prior to the date on which the application
913	for a certificate of eligibility is filed, been adjudicated
914	guilty of a criminal offense or comparable ordinance violation,
915	or been adjudicated delinquent for committing any a felony or a
916	misdemeanor specified in s. 943.051(3)(b).
917	(d)  Has not been adjudicated guilty of or adjudicated
918	delinquent for committing any of the acts stemming from the
919	arrest or alleged criminal activity to which the petition to
920	seal pertains.
921	(e)  Has never secured a prior sealing or expunction of a
922	criminal history record under this section, former s. 893.14,
923	former s. 901.33, or former s. 943.058.
924	(f)  Is no longer under court supervision applicable to the
925	disposition of the arrest or alleged criminal activity to which
926	the petition to seal pertains.
927	(3)  PROCESSING OF A PETITION OR ORDER TO SEAL.--
928	(a)  In judicial proceedings under this section, a copy of
929	the completed petition to seal shall be served upon the
930	appropriate state attorney or the statewide prosecutor and upon
931	the arresting agency; however, it is not necessary to make any
932	agency other than the state a party. The appropriate state
933	attorney or the statewide prosecutor and the arresting agency
934	may respond to the court regarding the completed petition to
935	seal.
936	(b)  If relief is granted by the court, the clerk of the
937	court shall certify copies of the order to the appropriate state
938	attorney or the statewide prosecutor and to the arresting
939	agency. The arresting agency is responsible for forwarding the
940	order to any other agency to which the arresting agency
941	disseminated the criminal history record information to which
942	the order pertains. The department shall forward the order to
943	seal to the Federal Bureau of Investigation. The clerk of the
944	court shall certify a copy of the order to any other agency
945	which the records of the court reflect has received the criminal
946	history record from the court.
947	(c)  For an order to seal entered by a court prior to July
948	1, 1992, the department shall notify the appropriate state
949	attorney or statewide prosecutor of any order to seal which is
950	contrary to law because the person who is the subject of the
951	record has previously been convicted of a crime or comparable
952	ordinance violation or has had a prior criminal history record
953	sealed or expunged. Upon receipt of such notice, the appropriate
954	state attorney or statewide prosecutor shall take action, within
955	60 days, to correct the record and petition the court to void
956	the order to seal. The department shall seal the record until
957	such time as the order is voided by the court.
958	(d)  On or after July 1, 1992, the department or any other
959	criminal justice agency is not required to act on an order to
960	seal entered by a court when such order does not comply with the
961	requirements of this section. Upon receipt of such an order, the
962	department must notify the issuing court, the appropriate state
963	attorney or statewide prosecutor, the petitioner or the
964	petitioner's attorney, and the arresting agency of the reason
965	for noncompliance. The appropriate state attorney or statewide
966	prosecutor shall take action within 60 days to correct the
967	record and petition the court to void the order. No cause of
968	action, including contempt of court, shall arise against any
969	criminal justice agency for failure to comply with an order to
970	seal when the petitioner for such order failed to obtain the
971	certificate of eligibility as required by this section or when
972	such order does not comply with the requirements of this
973	section.
974	(e)  An order sealing a criminal history record pursuant to
975	this section does not require that such record be surrendered to
976	the court, and such record shall continue to be maintained by
977	the department and other criminal justice agencies.
978	(4)  EFFECT OF CRIMINAL HISTORY RECORD SEALING.--A criminal
979	history record of a minor or an adult which is ordered sealed by
980	a court of competent jurisdiction pursuant to this section is
981	confidential and exempt from the provisions of s. 119.07(1) and
982	s. 24(a), Art. I of the State Constitution and is available only
983	to the person who is the subject of the record, to the subject's
984	attorney, to criminal justice agencies for their respective
985	criminal justice purposes, which include conducting a criminal
986	history background check for approval of firearms purchases or
987	transfers as authorized by state or federal law, or to those
988	entities set forth in subparagraphs (a)1., 4., 5., and 6., and
989	8. for their respective licensing, access authorization, and
990	employment purposes.
991	(a)  The subject of a criminal history record sealed under
992	this section or under other provisions of law, including former
993	s. 893.14, former s. 901.33, and former s. 943.058, may lawfully
994	deny or fail to acknowledge the arrests covered by the sealed
995	record, except when the subject of the record:
996	1.  Is a candidate for employment with a criminal justice
997	agency;
998	2.  Is a defendant in a criminal prosecution;
999	3.  Concurrently or subsequently petitions for relief under
1000	this section or s. 943.0585;
1001	4.  Is a candidate for admission to The Florida Bar;
1002	5.  Is seeking to be employed or licensed by or to contract
1003	with the Department of Children and Family Services or the
1004	Department of Juvenile Justice or to be employed or used by such
1005	contractor or licensee in a sensitive position having direct
1006	contact with children, the developmentally disabled, the aged,
1007	or the elderly as provided in s. 110.1127(3), s. 393.063, s.
1008	394.4572(1), s. 397.451, s. 402.302(3), s. 402.313(3), s.
1009	409.175(2)(i), s. 415.102(4), s. 415.103, s. 916.106(10) and
1010	(13), s. 985.407, or chapter 400; or
1011	6.  Is seeking to be employed or licensed by the Department
1012	of Education, any district school board, any university
1013	laboratory school, any charter school, any private or parochial
1014	school, or any local governmental entity that licenses child
1015	care facilities;.
1016	7.  Is attempting to purchase a firearm from a licensed
1017	importer, licensed manufacturer, or licensed dealer and is
1018	subject to a criminal history background check under state or
1019	federal law; or
1020	8.  Is seeking authorization from a Florida seaport
1021	identified in s. 311.09 for employment within or access to one
1022	or more of such seaports pursuant to s. 311.12 or s. 311.125.
1023	(b)  Subject to the exceptions in paragraph (a), a person
1024	who has been granted a sealing under this section, former s.
1025	893.14, former s. 901.33, or former s. 943.058 may not be held
1026	under any provision of law of this state to commit perjury or to
1027	be otherwise liable for giving a false statement by reason of
1028	such person's failure to recite or acknowledge a sealed criminal
1029	history record.
1030	(c)  Information relating to the existence of a sealed
1031	criminal record provided in accordance with the provisions of
1032	paragraph (a) is confidential and exempt from the provisions of
1033	s. 119.07(1) and s. 24(a), Art. I of the State Constitution,
1034	except that the department shall disclose the sealed criminal
1035	history record to the entities set forth in subparagraphs (a)1.,
1036	4., 5., and 6., and 8. for their respective licensing, access
1037	authorization, and employment purposes. It is unlawful for any
1038	employee of an entity set forth in subparagraph (a)1.,
1039	subparagraph (a)4., subparagraph (a)5., or subparagraph (a)6.,
1040	or subparagraph (a)8. to disclose information relating to the
1041	existence of a sealed criminal history record of a person
1042	seeking employment, access authorization, or licensure with such
1043	entity or contractor, except to the person to whom the criminal
1044	history record relates or to persons having direct
1045	responsibility for employment, access authorization, or
1046	licensure decisions. Any person who violates the provisions of
1047	this paragraph commits a misdemeanor of the first degree,
1048	punishable as provided in s. 775.082 or s. 775.083.
1049	(5)  STATUTORY REFERENCES.--Any reference to any other
1050	chapter, section, or subdivision of the Florida Statutes in this
1051	section constitutes a general reference under the doctrine of
1052	incorporation by reference.
1053	Section 12.  Subsection (5) of section 943.13, Florida
1054	Statutes, is amended to read:
1055	943.13  Officers' minimum qualifications for employment or
1056	appointment.--On or after October 1, 1984, any person employed
1057	or appointed as a full-time, part-time, or auxiliary law
1058	enforcement officer or correctional officer; on or after October
1059	1, 1986, any person employed as a full-time, part-time, or
1060	auxiliary correctional probation officer; and on or after
1061	October 1, 1986, any person employed as a full-time, part-time,
1062	or auxiliary correctional officer by a private entity under
1063	contract to the Department of Corrections, to a county
1064	commission, or to the Department of Management Services shall:
1065	(5)  Have documentation of his or her processed
1066	fingerprints on file with the employing agency or, if a private
1067	correctional officer, have documentation of his or her processed
1068	fingerprints on file with the Department of Corrections or the
1069	Criminal Justice Standards and Training Commission. If
1070	administrative delays are caused by the department or the
1071	Federal Bureau of Investigation and the person has complied with
1072	subsections (1)-(4) and (6)-(9), he or she may be employed or
1073	appointed for a period not to exceed 1 calendar year from the
1074	date he or she was employed or appointed or until return of the
1075	processed fingerprints documenting noncompliance with
1076	subsections (1)-(4) or subsection (7), whichever occurs first.
1077	Beginning January 15, 2007, the department shall retain and
1078	enter into the statewide automated fingerprint identification
1079	system authorized by s. 943.05 all fingerprints submitted to the
1080	department as required by this section. Thereafter, the
1081	fingerprints shall be available for all purposes and uses
1082	authorized for arrest fingerprint cards entered in the statewide
1083	automated fingerprint identification system pursuant to s.
1084	943.051. The department shall search all arrest fingerprint
1085	cards received pursuant to s. 943.051 against the fingerprints
1086	retained in the statewide automated fingerprint identification
1087	system pursuant to this section and report to the employing
1088	agency any arrest records that are identified with the retained
1089	employee's fingerprints. By January 1, 2008, a person who must
1090	meet minimum qualifications as provided in this section and
1091	whose fingerprints are not retained by the department pursuant
1092	to this section must be refingerprinted. These fingerprints must
1093	be forwarded to the department for processing and retention.
1094	Section 13.  Section 943.1715, Florida Statutes, is amended
1095	to read:
1096	943.1715  Basic skills training relating to diverse
1097	populations.--The commission shall establish and maintain
1098	standards for instruction of officers in the subject of
1099	interpersonal skills relating to diverse populations, with an
1100	emphasis on the awareness of cultural differences. Every basic
1101	skills course required in order for officers to obtain initial
1102	certification must include a minimum of 8 hours training in
1103	interpersonal skills with diverse populations.
1104	Section 14.  Section 943.1716, Florida Statutes, is amended
1105	to read:
1106	943.1716  Continued employment training relating to diverse
1107	populations.--The commission shall by rule require that each
1108	officer receive, as part of the 40 hours of required instruction
1109	for continued employment or appointment as an officer, 8 hours
1110	of instruction in the subject of interpersonal skills relating
1111	to diverse populations, with an emphasis on the awareness of
1112	cultural differences.
1113	Section 15.  Section 943.2569, Florida Statutes, is
1114	repealed.
1115	Section 16.  Section 943.257, Florida Statutes, is amended
1116	to read:
1117	943.257  Independent audit documentation subject to
1118	inspection.--The Criminal Justice Standards and Training
1119	Commission or a center's advisory board may inspect and copy any
1120	documents from the center as required to carry out the
1121	commission's or the respective board's oversight
1122	responsibilities, including information and documents related to
1123	applicant evaluations and center expenditures. In addition, the
1124	commission or board may inspect and copy the documentation of
1125	any internal or independent audits conducted by or on behalf of
1126	the centers to ensure that candidate and inservice officer
1127	assessments have been made and that expenditures are in
1128	conformance with the requirements of this act and with other
1129	applicable procedures.
1130	Section 17.  Subsections (1) and (3) of section 943.401,
1131	Florida Statutes, are amended to read:
1132	943.401  Public assistance fraud.--
1133	(1)(a)  The Department of Law Enforcement shall investigate
1134	all public assistance provided to residents of the state or
1135	provided to others by the state made under the provisions of
1136	chapter 409 or chapter 414. In the course of such investigation
1137	the Department of Law Enforcement shall examine all records,
1138	including electronic benefits transfer records and make inquiry
1139	of all persons who may have knowledge as to any irregularity
1140	incidental to the disbursement of public moneys, food stamps, or
1141	other items or benefits authorizations to recipients.
1142	(b)  All public assistance recipients, as a condition
1143	precedent to qualification for public assistance under the
1144	provisions of chapter 409 or chapter 414, shall first give in
1145	writing, to the Agency for Health Care Administration, the
1146	Department of Health, the Agency for Workforce Innovation, and
1147	the Department of Children and Family Services, as appropriate,
1148	and to the Department of Law Enforcement, consent to make
1149	inquiry of past or present employers and records, financial or
1150	otherwise.
1151	(3)  The results of such investigation shall be reported by
1152	the Department of Law Enforcement to the appropriate legislative
1153	committees, the Agency for Health Care Administration, the
1154	Department of Health, the Agency for Workforce Innovation, and
1155	the Department of Children and Family Services, and to such
1156	others as the Department of Law Enforcement may determine.
1157	Section 18.  Authority to purchase goodwill and promotional
1158	materials.--
1159	(1)  The Legislature recognizes that the Department of Law
1160	Enforcement functions as one of the state's primary law
1161	enforcement representatives in national and international
1162	meetings, conferences, and cooperative efforts. The department
1163	often hosts delegates from other federal, state, local, and
1164	international agencies and is in a position to function as a
1165	representative of the state fostering goodwill and effective
1166	interagency working relationships. It is the intent of the
1167	Legislature that the department be allowed, consistent with the
1168	dignity and integrity of the state, to purchase and distribute
1169	material and items of collection to those with whom the
1170	department has contact in meetings, conferences, and cooperative
1171	efforts.
1172	(2)  In addition to expenditures separately authorized by
1173	law, the department may expend not more than $5,000 annually to
1174	purchase and distribute promotional materials or items that
1175	serve to advance with dignity and integrity the goodwill of this
1176	state and the department and to provide basic refreshments at
1177	official functions, seminars, or meetings of the department in
1178	which dignitaries or representatives from the Federal
1179	Government, other states or nationalities, or other agencies are
1180	in attendance.
1181	Section 19.  Unauthorized use of Department of Law
1182	Enforcement emblems or names prohibited.--
1183	(1)  Whoever, except with the written permission of the
1184	executive director of the Department of Law Enforcement or as
1185	otherwise expressly authorized by the department, knowingly uses
1186	the words "Florida Department of Law Enforcement," the initials
1187	"F.D.L.E." or "FDLE," or the words "Florida Capitol Police," or
1188	any colorable imitation of such words or initials, or who uses a
1189	logo or emblem used by the department in connection with any
1190	advertisement, circular, book, pamphlet, or other publication,
1191	play, motion picture, broadcast, telecast, or other production,
1192	in any Internet web page or upon any product in a manner
1193	reasonably calculated to convey the impression that such
1194	advertisement, circular, book, pamphlet, or other publication,
1195	play, motion picture, broadcast, telecast, or other production,
1196	Internet web page, or product is approved, endorsed, or
1197	authorized by the Department of Law Enforcement commits a
1198	misdemeanor of the first degree, punishable as provided in s.
1199	775.082 or s. 775.083, Florida Statutes.
1200	(2)  A violation of this section may be enjoined upon suit
1201	by the department or the Department of Legal Affairs upon
1202	complaint filed in any court of competent jurisdiction.
1203	Section 20.  Except as otherwise expressly provided in this
1204	act, this act shall take effect July 1, 2006.

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