HB 0151CS

CHAMBER ACTION



1The Criminal Justice Appropriations Committee recommends the
2following:
3
4     Council/Committee Substitute
5     Remove the entire bill and insert:
6
A bill to be entitled
7An act relating to law enforcement; amending s. 790.065,
8F.S.; requiring the Department of Law Enforcement to
9review other records in addition to criminal history
10records to evaluate a potential buyer or transferee of a
11firearm, including an adjudication of mental defectiveness
12or a commitment to a mental institution as criteria that
13prohibit a person from purchasing a firearm; providing
14definitions; requiring the department to maintain an
15automated database of persons who are prohibited from
16purchasing a firearm; requiring each clerk of court to
17submit certain court records to the department within a
18certain period; requiring the department to delete certain
19records from the automated database upon the request of an
20individual meeting specified conditions; authorizing the
21department to disclose collected data to other federal or
22state agencies with regard to the sale or transfer of a
23firearm; authorizing the department to disclose certain
24information to the Department of Agriculture and Consumer
25Services for determining the eligibility of an applicant
26for a concealed weapons or concealed firearms license;
27requiring the clerk of court or mental hospital to provide
28additional information upon request following an appeal of
29an unapproved sale or transfer of a firearm; amending s.
30914.25, F.S.; providing for recertification for protective
31services for an additional period, with reimbursement for
32expenses from the Victim and Witness Protection Review
33Committee; providing for unlimited protective services for
34a victim or witness without reimbursement; amending s.
35937.021, F.S.; providing immunity to the Department of Law
36Enforcement, other law enforcement agencies, media
37representatives, and dealers of communications services
38from civil liability for complying in good faith with a
39request to record or report information of an Amber Alert
40or Missing Child Alert; providing that a technical or
41clerical error or incorrect or incomplete information does
42not overcome the presumption of good faith in reporting
43information about an Amber Alert or Missing Child Alert;
44providing that it is a discretionary decision to report,
45record, or display Amber Alert or Missing Child Alert
46information received from the local law enforcement agency
47having jurisdiction; amending s. 938.07, F.S.; requiring
48that a portion of certain court costs imposed for a
49conviction of driving or boating under the influence be
50deposited into the Operating Trust Fund of the Department
51of Law Enforcement instead of the Criminal Justice
52Standards and Training Trust Fund; amending s. 938.27,
53F.S.; requiring that investigative costs recovered on
54behalf of the Department of Law Enforcement be deposited
55into the department's Forfeiture and Investigative Trust
56Fund; amending s. 943.052, F.S.; requiring that
57disposition reports for dispositions relating to minor
58offenders are mandatory after a specified date; amending
59s. 68.07, F.S.; requiring a set of fingerprints as part of
60a name change petition; amending s. 943.05, F.S.;
61authorizing the Department of Law Enforcement to retain
62fingerprints in certain circumstances and use retained
63fingerprints for certain purposes; providing for an annual
64fee; providing for waiver of the fee for good cause shown;
65providing for free services for certain purposes; amending
66s. 943.053, F.S.; requiring the department to make certain
67information available to judges; limiting use of
68information; authorizing a criminal justice agency to
69obtain a criminal history background check of a
70noncertified agency employee by submitting fingerprints to
71the department; requiring that the criminal history check
72be provided by the department in certain circumstances;
73amending s. 943.0585, F.S.; prohibiting a court from
74expunging a criminal history record containing certain
75sexual offenses or certain offenses that require
76registration as a sexual offender; requiring a valid
77certificate of eligibility for expunction in a petition to
78expunge a criminal history record; specifying the time
79during which a certificate of eligibility for expunction
80is valid; requiring that a trial may not have occurred in
81order for a person to obtain a statement from the state
82attorney authorizing the expunction of a criminal record;
83authorizing a person who has secured a prior sealing of a
84criminal history record to seek a certificate of
85eligibility for expunction if the criminal history record
86was previously sealed for a certain number of years and is
87otherwise eligible for expunction; providing that a person
88who is seeking authorization for employment within or
89access to a seaport may not deny or fail to acknowledge
90arrests covered by expunged records; providing that the
91department may acknowledge expunged criminal history
92records under certain circumstances; prohibiting seaport
93employees from disclosing expunged criminal history record
94information except to certain persons; providing
95penalties; amending s. 943.059, F.S.; enumerating certain
96sexual offenses and offenses that require registration as
97a sexual offender which may not be sealed; requiring a
98valid certificate of eligibility for sealing in a petition
99to seal a criminal history record; specifying the period
100during which a certificate of eligibility for sealing is
101valid; providing that the information contained in a
102sealed criminal record is available to a criminal justice
103agency for the purpose of conducting a criminal history
104background check for approval of a firearms purchase or
105transfer; prohibiting a person from denying arrests
106covered by his or her sealed criminal record when
107attempting to purchase a firearm; providing that a person
108who is seeking authorization for employment within or
109access to a seaport may not deny or fail to acknowledge
110arrests covered by sealed records; providing that the
111department may acknowledge sealed criminal history records
112under certain circumstances; prohibiting seaport employees
113from disclosing sealed criminal history record information
114except to certain persons; providing penalties; amending
115s. 943.13, F.S.; requiring the department to enter law
116enforcement, correctional, and correctional probation
117officers' fingerprints into a statewide automated
118fingerprint identification system; requiring the
119department to search each arrest fingerprint card received
120against fingerprints retained in the statewide automated
121fingerprint identification system; providing for
122refingerprinting by a certain date; amending ss. 943.1715
123and 943.1716, F.S.; deleting the minimum number of hours
124required for basic skills training and continued
125employment training relating to diverse populations for
126law enforcement, correctional, and correctional probation
127officers; repealing s. 943.2569, F.S., relating to an
128annual financial audit of criminal justice selection
129centers; amending s. 943.257, F.S.; authorizing the
130Criminal Justice Standards and Training Commission and the
131advisory board of a criminal justice selection center to
132inspect and copy any documents from a center in order to
133carry out oversight responsibilities, including documents
134pertaining to any internal or independent audits; amending
135s. 943.401, F.S.; requiring the department to investigate
136all public assistance that is provided by the state;
137requiring public assistance recipients to consent in
138writing to an investigation into their employment and
139financial histories by the Agency for Workforce
140Innovation; requiring the department to report the results
141of the investigations to the Agency for Workforce
142Innovation; authorizing the department to purchase
143goodwill and promotional materials; limiting the annual
144amount of such expenditures; prohibiting the unauthorized
145use of the department's emblems and names; providing a
146penalty; providing effective dates.
147
148Be It Enacted by the Legislature of the State of Florida:
149
150     Section 1.  Effective February 1, 2007, paragraph (a) of
151subsection (2) of section 790.065, Florida Statutes, is amended
152to read:
153     790.065  Sale and delivery of firearms.--
154     (2)  Upon receipt of a request for a criminal history
155record check, the Department of Law Enforcement shall, during
156the licensee's call or by return call, forthwith:
157     (a)  Review criminal history records and other records that
158have been provided to the department to determine if the
159potential buyer or transferee:
160     1.  Has been convicted of a felony and is prohibited from
161receipt or possession of a firearm pursuant to s. 790.23;
162     2.  Has been convicted of a misdemeanor crime of domestic
163violence, and therefore is prohibited from purchasing a firearm;
164or
165     3.  Has had adjudication of guilt withheld or imposition of
166sentence suspended on any felony or misdemeanor crime of
167domestic violence unless 3 years have elapsed since probation or
168any other conditions set by the court have been fulfilled or
169expunction has occurred; or.
170     4.  Has been adjudicated mentally defective or has been
171committed to a mental institution by a court and as a result is
172prohibited by federal law from purchasing a firearm.
173     a.  As used in this subparagraph, "adjudicated mentally
174defective" means a determination by a court that a person, as a
175result of marked subnormal intelligence, or mental illness,
176incompetency, condition, or disease, is a danger to himself or
177herself or to others or lacks the mental capacity to contract or
178manage his or her own affairs. The phrase shall include a
179judicial finding of incapacity under s. 744.331(6)(a), an
180acquittal by reason of insanity of a person charged with a
181criminal offense, and a judicial finding that a criminal
182defendant is not competent to stand trial.
183     b.  As used in this subparagraph, "committed to a mental
184institution" means involuntary commitment, commitment for mental
185defectiveness or mental illness, and commitment for substance
186abuse. The phrase shall include involuntary inpatient placement
187as defined in s. 394.467, involuntary assessment and
188stabilization under s. 397.6818, and involuntary substance abuse
189treatment under s. 397.6957, but shall not include a person in a
190mental institution for observation or discharged from a mental
191institution based upon the initial review by the physician or a
192voluntary admission to a mental institution.
193     c.  In order to check for these conditions, the department
194shall compile and maintain an automated database of persons who
195are prohibited from purchasing a firearm based on court records
196of adjudications of mental defectiveness or commitments to
197mental institutions. Clerks of court are required to submit
198these records to the department within 1 month after the
199rendition of the adjudication or commitment. Reports may be
200submitted in an automated format. The reports must, at a
201minimum, include the name, along with any known alias or former
202name, the sex, and the date of birth of the subject. The
203department shall delete any mental health record from the
204database upon request of an individual when 5 years have elapsed
205since the individual's restoration to capacity by court order
206after being adjudicated an incapacitated person under s.
207744.331, or similar laws of any other state; or, in the case of
208an individual who was previously committed to a mental
209institution under chapter 394, or similar laws of any other
210state, when the individual produces a certificate from a
211licensed psychiatrist that he or she has not suffered from
212disability for at least 5 years prior to the date of request for
213removal of the record. Where the department has received a
214subsequent record of an adjudication of mental defectiveness or
215commitment to a mental institution for such individual, the 5-
216year timeframe shall be calculated from the most recent
217adjudication of incapacitation or commitment.
218     d.  The department is authorized to disclose the collected
219data to agencies of the Federal Government and other states for
220use exclusively in determining the lawfulness of a firearm sale
221or transfer. The department is also authorized to disclose any
222applicable collected data to the Department of Agriculture and
223Consumer Services for determination of eligibility for issuance
224of a concealed weapons or concealed firearms license upon
225receipt of an applicant fingerprint submission forwarded
226pursuant to s. 790.06(6)(a). When a potential buyer or
227transferee appeals a nonapproval based on these records, the
228clerks of court and mental institutions shall, upon request by
229the department, provide information to help determine whether
230the potential buyer or transferee is the same person as the
231subject of the record. Photographs and any other data that could
232confirm or negate identity must be made available to the
233department for such purposes, notwithstanding any other
234provision of state law to the contrary. Any such information
235that is made confidential or exempt from disclosure by law shall
236retain such confidential or exempt status when transferred to
237the department.
238     Section 2.  Subsections (4) and (5) of section 914.25,
239Florida Statutes, are amended to read:
240     914.25  Protective services for certain victims and
241witnesses.--
242     (4)(a)  When a victim or witness is certified as provided
243in subsection (3), a law enforcement agency, in consultation
244with the certifying state attorney or the statewide prosecutor,
245may provide appropriate protective services. If a victim or
246witness needs to be temporarily relocated, the statewide
247prosecutor or the state attorney must notify the Department of
248Law Enforcement. The Department of Law Enforcement, in
249consultation with the statewide prosecutor or the state
250attorney, and any other law enforcement agency involved in the
251criminal investigation or prosecution, shall coordinate the
252temporary relocation of the victim or witness.
253     (b)  Protective services, including temporary relocation
254services, may initially be provided for up to 1 year or until
255the risk giving rise to the certification has diminished,
256whichever occurs sooner. If deemed necessary, The statewide
257prosecutor or the state attorney may, at the end of the
258certification year, recertify a victim or witness at risk of
259harm for an additional period of up to 1 year or until the risk
260giving rise to the certification has diminished, whichever
261occurs first. A victim or witness at risk of harm may be
262certified and recertified annually as provided in this section
263to provide a maximum of 4 years of eligibility for protective
264services.
265     (5)  The lead law enforcement agency that provides
266protective services, as authorized in this section, may seek
267reimbursement for its reasonable expenses from the Victim and
268Witness Protection Review Committee, pursuant to the provisions
269of s. 943.031. This section does not prevent any law enforcement
270agency from providing protective services at the agency's
271expense beyond the 4-year maximum period established in this
272section. Any such additional expenditures for protective
273services are not eligible for the reimbursement provided in this
274section.
275     Section 3.  Subsection (3) is added to section 937.021,
276Florida Statutes, to read:
277     937.021  Missing child reports.--
278     (3)(a)  Upon receiving a request to record, report,
279transmit, display, or release Amber Alert or Missing Child Alert
280information from the law enforcement agency having jurisdiction
281over the missing or endangered child, the Department of Law
282Enforcement as the state Amber Alert coordinator; any state or
283local law enforcement agency and the personnel of these
284agencies; any radio or television network, broadcaster, or other
285media representative; any dealer of communications services as
286defined in s. 202.11; or any agency, employee, individual, or
287entity is immune from civil liability for damages for complying
288in good faith with the request and is presumed to have acted in
289good faith in recording, reporting, transmitting, displaying, or
290releasing Amber Alert or Missing Child Alert information
291pertaining to such child.
292     (b)  The presumption of good faith is not overcome if a
293technical or clerical error is made by any such agency,
294employee, individual, or entity acting at the request of the
295local law enforcement agency having jurisdiction or if the Amber
296Alert or Missing Child Alert information is incomplete or
297incorrect because the information received from the local law
298enforcement agency was incomplete or incorrect.
299     (c)  Neither this subsection nor any other provision of law
300creates a duty of the agency, employee, individual, or entity to
301record, report, transmit, display, or release the Amber Alert or
302Missing Child Alert information received from the local law
303enforcement agency having jurisdiction. The decision to record,
304report, transmit, display, or release information is
305discretionary with the agency, employee, individual, or entity
306receiving that information from the local law enforcement agency
307having jurisdiction.
308     Section 4.  Section 938.07, Florida Statutes, is amended to
309read:
310     938.07  Driving or boating under the
311influence.--Notwithstanding any other provision of s. 316.193 or
312s. 327.35, a court cost of $135 shall be added to any fine
313imposed pursuant to s. 316.193 or s. 327.35. The clerks shall
314remit the funds to the Department of Revenue, $25 of which shall
315be deposited in the Emergency Medical Services Trust Fund, $50
316shall be deposited in the Operating Criminal Justice Standards
317and Training Trust Fund of the Department of Law Enforcement to
318be used for operational expenses in conducting the statewide
319criminal analysis laboratory system established in s. 943.32,
320and $60 shall be deposited in the Brain and Spinal Cord Injury
321Rehabilitation Trust Fund created in s. 381.79.
322     Section 5.  Subsection (7) of section 938.27, Florida
323Statutes, is amended to read:
324     938.27  Judgment for costs on conviction.--
325     (7)  Investigative costs that which are recovered shall be
326returned to the appropriate investigative agency that which
327incurred the expense. Such costs shall include actual expenses
328incurred in conducting the investigation and prosecution of the
329criminal case; however, costs may also include the salaries of
330permanent employees. Any investigative costs recovered on behalf
331of a state agency must be remitted to the Department of Revenue
332for deposit in the agency operating trust fund, and a report of
333the payment must be sent to the agency, except that any
334investigative costs recovered on behalf of the Department of Law
335Enforcement shall be deposited in the department's Forfeiture
336and Investigative Support Trust Fund under s. 943.362.
337     Section 6.  Subsection (2) of section 943.052, Florida
338Statutes, is amended to read:
339     943.052  Disposition reporting.--The Criminal Justice
340Information Program shall, by rule, establish procedures and a
341format for each criminal justice agency to monitor its records
342and submit reports, as provided by this section, to the program.
343The disposition report shall be developed by the program and
344shall include the offender-based transaction system number.
345     (2)  Each clerk of the court shall submit the uniform
346dispositions to the program or in a manner acceptable to the
347program. The report shall be submitted at least once a month
348and, when acceptable by the program, may be submitted in an
349automated format. The disposition report is mandatory for
350dispositions relating to adult offenders only. Beginning July 1,
3512008, a disposition report for each disposition relating to a
352minor offender is mandatory.
353     Section 7.  Subsections (2) and (5) of section 68.07,
354Florida Statutes, are amended to read:
355     68.07  Change of name.--
356     (2)  The petition shall include a set copy of the
357petitioner's fingerprints taken by a law enforcement agency
358except where a former name is being restored and be verified and
359show:
360     (a)  That petitioner is a bona fide resident of and
361domiciled in the county where the change of name is sought.
362     (b)  If known, the date and place of birth of petitioner,
363petitioner's father's name, mother's maiden name, and where
364petitioner has resided since birth.
365     (c)  If petitioner is married, the name of petitioner's
366spouse and if petitioner has children, the names and ages of
367each and where they reside.
368     (d)  If petitioner's name has previously been changed and
369when and where and by what court.
370     (e)  Petitioner's occupation and where petitioner is
371employed and has been employed for 5 years next preceding filing
372of the petition. If petitioner owns and operates a business, the
373name and place of it shall be stated and petitioner's connection
374therewith and how long petitioner has been identified with said
375business. If petitioner is in a profession, the profession shall
376be stated, where the petitioner has practiced the profession and
377if a graduate of a school or schools, the name or names thereof,
378time of graduation, and degrees received.
379     (f)  Whether the petitioner has been generally known or
380called by any other names and if so, by what names and where.
381     (g)  Whether petitioner has ever been adjudicated a
382bankrupt and if so, where and when.
383     (h)  Whether petitioner has ever been arrested for or
384charged with, pled guilty or nolo contendere to, or been found
385to have committed a criminal offense, regardless of
386adjudication, and if so, when and where.
387     (i)  Whether any money judgment has ever been entered
388against petitioner and if so, the name of the judgment creditor,
389the amount and date thereof, the court by which entered, and
390whether the judgment has been satisfied.
391     (j)  That the petition is filed for no ulterior or illegal
392purpose and granting it will not in any manner invade the
393property rights of others, whether partnership, patent, good
394will, privacy, trademark, or otherwise.
395     (k)  That the petitioner's civil rights have never been
396suspended, or if the petitioner's civil rights have been
397suspended, that full restoration of civil rights has occurred.
398     (5)  The clerk must, upon the filing of the final judgment,
399send a report of the judgment to the Department of Law
400Enforcement on a form to be furnished by that department. The
401Department of Law Enforcement must send a copy of the report to
402the Department of Highway Safety and Motor Vehicles, which may
403be delivered by electronic transmission. The report must contain
404sufficient information to identify the petitioner, including a
405set copy of the petitioner's fingerprints taken by a law
406enforcement agency, the new name of the petitioner, and the file
407number of the judgment. Any information retained by the
408Department of Law Enforcement and the Department of Highway
409Safety and Motor Vehicles may be revised or supplemented by said
410departments to reflect changes made by the final judgment. With
411respect to a person convicted of a felony in another state or of
412a federal offense, the Department of Law Enforcement must send
413the report to the respective state's office of law enforcement
414records or to the office of the Federal Bureau of Investigation.
415The Department of Law Enforcement may forward the report to any
416other law enforcement agency it believes may retain information
417related to the petitioner. Any costs associated with
418fingerprinting must be paid by the petitioner.
419     Section 8.  Paragraphs (g) and (h) are added to subsection
420(2) of section 943.05, Florida Statutes, to read:
421     943.05  Criminal Justice Information Program; duties; crime
422reports.--
423     (2)  The program shall:
424     (g)  As authorized by law, retain fingerprints submitted by
425criminal and noncriminal justice agencies to the department for
426a criminal history background screening in a manner provided by
427rule and enter the fingerprints in the statewide automated
428fingerprint identification system authorized by paragraph (b).
429Such fingerprints shall thereafter be available for all purposes
430and uses authorized for arrest fingerprint cards entered into
431the statewide automated fingerprint identification system
432pursuant to s. 943.051.
433     (h)1.  As authorized by law, search all arrest fingerprint
434cards received under s. 943.051 against the fingerprints
435retained in the statewide automated fingerprint identification
436system under paragraph (g). Any arrest record that is identified
437with the retained fingerprints of a person subject to background
438screening as provided in paragraph (g) shall be reported to the
439appropriate agency.
440     2.  Agencies may participate in this search process by
441payment of an annual fee to the department and by informing the
442department of any change in the affiliation, employment, or
443contractual status or place of affiliation, employment, or
444contracting of the persons whose fingerprints are retained under
445paragraph (g). The department shall adopt a rule setting the
446amount of the annual fee to be imposed upon each participating
447agency for performing these searches and establishing the
448procedures for the retention of fingerprints and the
449dissemination of search results. The fee may be borne as
450provided by law. Fees may be waived or reduced by the executive
451director for good cause shown. Consistent with the recognition
452of criminal justice agencies expressed in s. 943.053(3), these
453services will be provided to criminal justice agencies for
454criminal justice purposes free of charge.
455     Section 9.  Subsections (5) through (9) of section 943.053,
456Florida Statutes, are renumbered as subsections (6) through
457(10), respectively, and new subsections (5), (11), and (12) are
458added to that section, to read:
459     943.053  Dissemination of criminal justice information;
460fees.--
461     (5)  Notwithstanding the provisions of s. 943.0525, and any
462user agreements adopted pursuant thereto, and notwithstanding
463the confidentiality of sealed records as provided for in s.
464943.059, the department shall make online access to Florida
465criminal justice information available to each judge in the
466state courts system for the purpose of assisting judges in their
467case-related decisionmaking responsibilities. Such online access
468shall be provided without charge to the state courts system.
469Sealed records received by the courts under this section remain
470confidential and exempt from the provisions of s. 119.07(1). The
471information provided pursuant to this section shall not take the
472place of any information required to be provided to the courts
473by any other agency or entity. Information provided under this
474section shall be used only for the official court business for
475which it was requested and may not be further disseminated.
476     (11)  A criminal justice agency that is authorized under
477federal rules or law to conduct a criminal history background
478check on an agency employee who is not certified by the Criminal
479Justice Standards and Training Commission under s. 943.12 may
480submit to the department the fingerprints of the noncertified
481employee to obtain state and national criminal history
482information. Effective January 15, 2007, the fingerprints
483submitted shall be retained and entered in the statewide
484automated fingerprint identification system authorized by s.
485943.05 and shall be available for all purposes and uses
486authorized for arrest fingerprint cards entered in the statewide
487automated fingerprint identification system pursuant to s.
488943.051. The department shall search all arrest fingerprint
489cards received pursuant to s. 943.051 against the fingerprints
490retained in the statewide automated fingerprint identification
491system pursuant to this section. In addition to all purposes and
492uses authorized for arrest fingerprint cards for which submitted
493fingerprints may be used, any arrest record that is identified
494with the retained employee fingerprints must be reported to the
495submitting employing agency.
496     (12)  Notwithstanding any other provision of law, when a
497criminal history check or a duty to disclose the absence of a
498criminal history check is mandated by state law, or when a
499privilege or benefit is conferred by state law in return for
500exercising an option of conducting a criminal history check, the
501referenced criminal history check, whether it is an initial or
502renewal check, shall include a Florida criminal history provided
503by the department as set forth in this section. Such Florida
504criminal history information may be provided by a private vendor
505only if that information is directly obtained from the
506department for each request. When a national criminal history
507check is required or authorized by state law, the national
508criminal history check shall be submitted by and through the
509department in the manner established by the department for such
510checks, unless otherwise required by federal law. The fee for
511criminal history information as established by state law or, in
512the case of national checks, by the Federal Government, shall be
513borne by the person or entity submitting the request, or as
514provided by law. Criminal history information provided by any
515other governmental entity of this state or any private entity
516shall not be substituted for criminal history information
517provided by the department when the criminal history check or a
518duty to disclose the absence of a criminal history check is
519required by statute or is made a condition of a privilege or
520benefit by law.
521     Section 10.  Section 943.0585, Florida Statutes, is amended
522to read:
523     943.0585  Court-ordered expunction of criminal history
524records.--The courts of this state have jurisdiction over their
525own procedures, including the maintenance, expunction, and
526correction of judicial records containing criminal history
527information to the extent such procedures are not inconsistent
528with the conditions, responsibilities, and duties established by
529this section. Any court of competent jurisdiction may order a
530criminal justice agency to expunge the criminal history record
531of a minor or an adult who complies with the requirements of
532this section. The court shall not order a criminal justice
533agency to expunge a criminal history record until the person
534seeking to expunge a criminal history record has applied for and
535received a certificate of eligibility for expunction pursuant to
536subsection (2). A criminal history record that relates to a
537violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794,
538s. 796.03, s. 800.04, s. 810.14, s. 817.034, s. 825.1025, s.
539827.071, chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s.
540893.135, s. 916.1075, or a violation enumerated in s. 907.041,
541or any violation specified as a predicate offense for
542registration as a sexual predator pursuant to s. 775.21, without
543regard to whether that offense alone is sufficient to require
544such registration, or for registration as a sexual offender
545pursuant to s. 943.0435, may not be expunged, without regard to
546whether adjudication was withheld, if the defendant was found
547guilty of or pled guilty or nolo contendere to the offense, or
548if the defendant, as a minor, was found to have committed, or
549pled guilty or nolo contendere to committing, the offense as a
550delinquent act. The court may only order expunction of a
551criminal history record pertaining to one arrest or one incident
552of alleged criminal activity, except as provided in this
553section. The court may, at its sole discretion, order the
554expunction of a criminal history record pertaining to more than
555one arrest if the additional arrests directly relate to the
556original arrest. If the court intends to order the expunction of
557records pertaining to such additional arrests, such intent must
558be specified in the order. A criminal justice agency may not
559expunge any record pertaining to such additional arrests if the
560order to expunge does not articulate the intention of the court
561to expunge a record pertaining to more than one arrest. This
562section does not prevent the court from ordering the expunction
563of only a portion of a criminal history record pertaining to one
564arrest or one incident of alleged criminal activity.
565Notwithstanding any law to the contrary, a criminal justice
566agency may comply with laws, court orders, and official requests
567of other jurisdictions relating to expunction, correction, or
568confidential handling of criminal history records or information
569derived therefrom. This section does not confer any right to the
570expunction of any criminal history record, and any request for
571expunction of a criminal history record may be denied at the
572sole discretion of the court.
573     (1)  PETITION TO EXPUNGE A CRIMINAL HISTORY RECORD.--Each
574petition to a court to expunge a criminal history record is
575complete only when accompanied by:
576     (a)  A valid certificate of eligibility for expunction
577issued by the department pursuant to subsection (2).
578     (b)  The petitioner's sworn statement attesting that the
579petitioner:
580     1.  Has never, prior to the date on which the petition is
581filed, been adjudicated guilty of a criminal offense or
582comparable ordinance violation, or been adjudicated delinquent
583for committing any a felony or a misdemeanor specified in s.
584943.051(3)(b).
585     2.  Has not been adjudicated guilty of, or adjudicated
586delinquent for committing, any of the acts stemming from the
587arrest or alleged criminal activity to which the petition
588pertains.
589     3.  Has never secured a prior sealing or expunction of a
590criminal history record under this section, former s. 893.14,
591former s. 901.33, or former s. 943.058, or from any jurisdiction
592outside the state, unless expunction is sought of a criminal
593history record previously sealed for 10 years pursuant to
594paragraph (2)(h) and the record is otherwise eligible for
595expunction.
596     4.  Is eligible for such an expunction to the best of his
597or her knowledge or belief and does not have any other petition
598to expunge or any petition to seal pending before any court.
599
600Any person who knowingly provides false information on such
601sworn statement to the court commits a felony of the third
602degree, punishable as provided in s. 775.082, s. 775.083, or s.
603775.084.
604     (2)  CERTIFICATE OF ELIGIBILITY FOR EXPUNCTION.--Prior to
605petitioning the court to expunge a criminal history record, a
606person seeking to expunge a criminal history record shall apply
607to the department for a certificate of eligibility for
608expunction. The department shall, by rule adopted pursuant to
609chapter 120, establish procedures pertaining to the application
610for and issuance of certificates of eligibility for expunction.
611A certificate of eligibility for expunction is valid for 12
612months after the date stamped on the certificate when issued by
613the department. After that time, the petitioner must reapply to
614the department for a new certificate of eligibility. Eligibility
615for a renewed certification of eligibility must be based on the
616status of the applicant and the law in effect at the time of the
617most recent application. The department shall issue a
618certificate of eligibility for expunction to a person who is the
619subject of a criminal history record if that person:
620     (a)  Has obtained, and submitted to the department, a
621written, certified statement from the appropriate state attorney
622or statewide prosecutor which indicates:
623     1.  That an indictment, information, or other charging
624document was not filed or issued in the case.
625     2.  That an indictment, information, or other charging
626document, if filed or issued in the case, was dismissed or nolle
627prosequi by the state attorney or statewide prosecutor, or was
628dismissed by a court of competent jurisdiction, and that none of
629the charges related to the arrest or alleged criminal activity
630to which the petition to expunge pertains resulted in a trial,
631without regard to whether the outcome of the trial was other
632than an adjudication of guilt.
633     3.  That the criminal history record does not relate to a
634violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794,
635s. 796.03, s. 800.04, s. 810.14, s. 817.034, s. 825.1025, s.
636827.071, chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s.
637893.135, s. 916.1075, or a violation enumerated in s. 907.041,
638or any violation specified as a predicate offense for
639registration as a sexual predator pursuant to s. 775.21, without
640regard to whether that offense alone is sufficient to require
641such registration, or for registration as a sexual offender
642pursuant to s. 943.0435, where the defendant was found guilty
643of, or pled guilty or nolo contendere to any such offense, or
644that the defendant, as a minor, was found to have committed, or
645pled guilty or nolo contendere to committing, such an offense as
646a delinquent act, without regard to whether adjudication was
647withheld.
648     (b)  Remits a $75 processing fee to the department for
649placement in the Department of Law Enforcement Operating Trust
650Fund, unless such fee is waived by the executive director.
651     (c)  Has submitted to the department a certified copy of
652the disposition of the charge to which the petition to expunge
653pertains.
654     (d)  Has never, prior to the date on which the application
655for a certificate of eligibility is filed, been adjudicated
656guilty of a criminal offense or comparable ordinance violation,
657or been adjudicated delinquent for committing any a felony or a
658misdemeanor specified in s. 943.051(3)(b).
659     (e)  Has not been adjudicated guilty of, or adjudicated
660delinquent for committing, any of the acts stemming from the
661arrest or alleged criminal activity to which the petition to
662expunge pertains.
663     (f)  Has never secured a prior sealing or expunction of a
664criminal history record under this section, former s. 893.14,
665former s. 901.33, or former s. 943.058, unless expunction is
666sought of a criminal history record previously sealed for 10
667years pursuant to paragraph (h) and the record is otherwise
668eligible for expunction.
669     (g)  Is no longer under court supervision applicable to the
670disposition of the arrest or alleged criminal activity to which
671the petition to expunge pertains.
672     (h)  Has previously obtained a court order sealing the
673record under this section, former s. 893.14, former s. 901.33,
674or former s. 943.058 for a minimum of 10 years because
675adjudication was withheld or because all charges related to the
676arrest or alleged criminal activity to which the petition to
677expunge pertains were not dismissed prior to trial, without
678regard to whether the outcome of the trial was other than an
679adjudication of guilt. The requirement for the record to have
680previously been sealed for a minimum of 10 years does not apply
681when a plea was not entered or all charges related to the arrest
682or alleged criminal activity to which the petition to expunge
683pertains were dismissed prior to trial. Is not required to wait
684a minimum of 10 years prior to being eligible for an expunction
685of such records because all charges related to the arrest or
686criminal activity to which the petition to expunge pertains were
687dismissed prior to trial, adjudication, or the withholding of
688adjudication. Otherwise, such criminal history record must be
689sealed under this section, former s. 893.14, former s. 901.33,
690or former s. 943.058 for at least 10 years before such record is
691eligible for expunction.
692     (3)  PROCESSING OF A PETITION OR ORDER TO EXPUNGE.--
693     (a)  In judicial proceedings under this section, a copy of
694the completed petition to expunge shall be served upon the
695appropriate state attorney or the statewide prosecutor and upon
696the arresting agency; however, it is not necessary to make any
697agency other than the state a party. The appropriate state
698attorney or the statewide prosecutor and the arresting agency
699may respond to the court regarding the completed petition to
700expunge.
701     (b)  If relief is granted by the court, the clerk of the
702court shall certify copies of the order to the appropriate state
703attorney or the statewide prosecutor and the arresting agency.
704The arresting agency is responsible for forwarding the order to
705any other agency to which the arresting agency disseminated the
706criminal history record information to which the order pertains.
707The department shall forward the order to expunge to the Federal
708Bureau of Investigation. The clerk of the court shall certify a
709copy of the order to any other agency which the records of the
710court reflect has received the criminal history record from the
711court.
712     (c)  For an order to expunge entered by a court prior to
713July 1, 1992, the department shall notify the appropriate state
714attorney or statewide prosecutor of an order to expunge which is
715contrary to law because the person who is the subject of the
716record has previously been convicted of a crime or comparable
717ordinance violation or has had a prior criminal history record
718sealed or expunged. Upon receipt of such notice, the appropriate
719state attorney or statewide prosecutor shall take action, within
72060 days, to correct the record and petition the court to void
721the order to expunge. The department shall seal the record until
722such time as the order is voided by the court.
723     (d)  On or after July 1, 1992, the department or any other
724criminal justice agency is not required to act on an order to
725expunge entered by a court when such order does not comply with
726the requirements of this section. Upon receipt of such an order,
727the department must notify the issuing court, the appropriate
728state attorney or statewide prosecutor, the petitioner or the
729petitioner's attorney, and the arresting agency of the reason
730for noncompliance. The appropriate state attorney or statewide
731prosecutor shall take action within 60 days to correct the
732record and petition the court to void the order. No cause of
733action, including contempt of court, shall arise against any
734criminal justice agency for failure to comply with an order to
735expunge when the petitioner for such order failed to obtain the
736certificate of eligibility as required by this section or such
737order does not otherwise comply with the requirements of this
738section.
739     (4)  EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.--Any
740criminal history record of a minor or an adult which is ordered
741expunged by a court of competent jurisdiction pursuant to this
742section must be physically destroyed or obliterated by any
743criminal justice agency having custody of such record; except
744that any criminal history record in the custody of the
745department must be retained in all cases. A criminal history
746record ordered expunged that is retained by the department is
747confidential and exempt from the provisions of s. 119.07(1) and
748s. 24(a), Art. I of the State Constitution and not available to
749any person or entity except upon order of a court of competent
750jurisdiction. A criminal justice agency may retain a notation
751indicating compliance with an order to expunge.
752     (a)  The person who is the subject of a criminal history
753record that is expunged under this section or under other
754provisions of law, including former s. 893.14, former s. 901.33,
755and former s. 943.058, may lawfully deny or fail to acknowledge
756the arrests covered by the expunged record, except when the
757subject of the record:
758     1.  Is a candidate for employment with a criminal justice
759agency;
760     2.  Is a defendant in a criminal prosecution;
761     3.  Concurrently or subsequently petitions for relief under
762this section or s. 943.059;
763     4.  Is a candidate for admission to The Florida Bar;
764     5.  Is seeking to be employed or licensed by or to contract
765with the Department of Children and Family Services or the
766Department of Juvenile Justice or to be employed or used by such
767contractor or licensee in a sensitive position having direct
768contact with children, the developmentally disabled, the aged,
769or the elderly as provided in s. 110.1127(3), s. 393.063, s.
770394.4572(1), s. 397.451, s. 402.302(3), s. 402.313(3), s.
771409.175(2)(i), s. 415.102(4), s. 916.106(10) and (13), s.
772985.407, or chapter 400; or
773     6.  Is seeking to be employed or licensed by the Department
774of Education, any district school board, any university
775laboratory school, any charter school, any private or parochial
776school, or any local governmental entity that licenses child
777care facilities; or
778     7.  Is seeking authorization from a Florida seaport
779identified in s. 311.09 for employment within or access to one
780or more of such seaports pursuant to s. 311.12 or s. 311.125.
781     (b)  Subject to the exceptions in paragraph (a), a person
782who has been granted an expunction under this section, former s.
783893.14, former s. 901.33, or former s. 943.058 may not be held
784under any provision of law of this state to commit perjury or to
785be otherwise liable for giving a false statement by reason of
786such person's failure to recite or acknowledge an expunged
787criminal history record.
788     (c)  Information relating to the existence of an expunged
789criminal history record which is provided in accordance with
790paragraph (a) is confidential and exempt from the provisions of
791s. 119.07(1) and s. 24(a), Art. I of the State Constitution,
792except that the department shall disclose the existence of a
793criminal history record ordered expunged to the entities set
794forth in subparagraphs (a)1., 4., 5., and 6., and 7. for their
795respective licensing, access authorization, and employment
796purposes, and to criminal justice agencies for their respective
797criminal justice purposes. It is unlawful for any employee of an
798entity set forth in subparagraph (a)1., subparagraph (a)4.,
799subparagraph (a)5., or subparagraph (a)6., or subparagraph(a)7.
800to disclose information relating to the existence of an expunged
801criminal history record of a person seeking employment, access
802authorization, or licensure with such entity or contractor,
803except to the person to whom the criminal history record relates
804or to persons having direct responsibility for employment,
805access authorization, or licensure decisions. Any person who
806violates this paragraph commits a misdemeanor of the first
807degree, punishable as provided in s. 775.082 or s. 775.083.
808     (5)  STATUTORY REFERENCES.--Any reference to any other
809chapter, section, or subdivision of the Florida Statutes in this
810section constitutes a general reference under the doctrine of
811incorporation by reference.
812     Section 11.  Section 943.059, Florida Statutes, is amended
813to read:
814     943.059  Court-ordered sealing of criminal history
815records.--The courts of this state shall continue to have
816jurisdiction over their own procedures, including the
817maintenance, sealing, and correction of judicial records
818containing criminal history information to the extent such
819procedures are not inconsistent with the conditions,
820responsibilities, and duties established by this section. Any
821court of competent jurisdiction may order a criminal justice
822agency to seal the criminal history record of a minor or an
823adult who complies with the requirements of this section. The
824court shall not order a criminal justice agency to seal a
825criminal history record until the person seeking to seal a
826criminal history record has applied for and received a
827certificate of eligibility for sealing pursuant to subsection
828(2). A criminal history record that relates to a violation of s.
829393.135, s. 394.4593, s. 787.025, chapter 794, s. 796.03, s.
830800.04, s. 810.14, s. 817.034, s. 825.1025, s. 827.071, chapter
831839, s. 847.0133, s. 847.0135, s. 847.0145, s. 893.135, s.
832916.1075, or a violation enumerated in s. 907.041, or any
833violation specified as a predicate offense for registration as a
834sexual predator pursuant to s. 775.21, without regard to whether
835that offense alone is sufficient to require such registration,
836or for registration as a sexual offender pursuant to s.
837943.0435, may not be sealed, without regard to whether
838adjudication was withheld, if the defendant was found guilty of
839or pled guilty or nolo contendere to the offense, or if the
840defendant, as a minor, was found to have committed or pled
841guilty or nolo contendere to committing the offense as a
842delinquent act. The court may only order sealing of a criminal
843history record pertaining to one arrest or one incident of
844alleged criminal activity, except as provided in this section.
845The court may, at its sole discretion, order the sealing of a
846criminal history record pertaining to more than one arrest if
847the additional arrests directly relate to the original arrest.
848If the court intends to order the sealing of records pertaining
849to such additional arrests, such intent must be specified in the
850order. A criminal justice agency may not seal any record
851pertaining to such additional arrests if the order to seal does
852not articulate the intention of the court to seal records
853pertaining to more than one arrest. This section does not
854prevent the court from ordering the sealing of only a portion of
855a criminal history record pertaining to one arrest or one
856incident of alleged criminal activity. Notwithstanding any law
857to the contrary, a criminal justice agency may comply with laws,
858court orders, and official requests of other jurisdictions
859relating to sealing, correction, or confidential handling of
860criminal history records or information derived therefrom. This
861section does not confer any right to the sealing of any criminal
862history record, and any request for sealing a criminal history
863record may be denied at the sole discretion of the court.
864     (1)  PETITION TO SEAL A CRIMINAL HISTORY RECORD.--Each
865petition to a court to seal a criminal history record is
866complete only when accompanied by:
867     (a)  A valid certificate of eligibility for sealing issued
868by the department pursuant to subsection (2).
869     (b)  The petitioner's sworn statement attesting that the
870petitioner:
871     1.  Has never, prior to the date on which the petition is
872filed, been adjudicated guilty of a criminal offense or
873comparable ordinance violation, or been adjudicated delinquent
874for committing any a felony or a misdemeanor specified in s.
875943.051(3)(b).
876     2.  Has not been adjudicated guilty of or adjudicated
877delinquent for committing any of the acts stemming from the
878arrest or alleged criminal activity to which the petition to
879seal pertains.
880     3.  Has never secured a prior sealing or expunction of a
881criminal history record under this section, former s. 893.14,
882former s. 901.33, former s. 943.058, or from any jurisdiction
883outside the state.
884     4.  Is eligible for such a sealing to the best of his or
885her knowledge or belief and does not have any other petition to
886seal or any petition to expunge pending before any court.
887
888Any person who knowingly provides false information on such
889sworn statement to the court commits a felony of the third
890degree, punishable as provided in s. 775.082, s. 775.083, or s.
891775.084.
892     (2)  CERTIFICATE OF ELIGIBILITY FOR SEALING.--Prior to
893petitioning the court to seal a criminal history record, a
894person seeking to seal a criminal history record shall apply to
895the department for a certificate of eligibility for sealing. The
896department shall, by rule adopted pursuant to chapter 120,
897establish procedures pertaining to the application for and
898issuance of certificates of eligibility for sealing. A
899certificate of eligibility for sealing is valid for 12 months
900after the date stamped on the certificate when issued by the
901department. After that time, the petitioner must reapply to the
902department for a new certificate of eligibility. Eligibility for
903a renewed certification of eligibility must be based on the
904status of the applicant and the law in effect at the time of the
905most recent application. The department shall issue a
906certificate of eligibility for sealing to a person who is the
907subject of a criminal history record provided that such person:
908     (a)  Has submitted to the department a certified copy of
909the disposition of the charge to which the petition to seal
910pertains.
911     (b)  Remits a $75 processing fee to the department for
912placement in the Department of Law Enforcement Operating Trust
913Fund, unless such fee is waived by the executive director.
914     (c)  Has never, prior to the date on which the application
915for a certificate of eligibility is filed, been adjudicated
916guilty of a criminal offense or comparable ordinance violation,
917or been adjudicated delinquent for committing any a felony or a
918misdemeanor specified in s. 943.051(3)(b).
919     (d)  Has not been adjudicated guilty of or adjudicated
920delinquent for committing any of the acts stemming from the
921arrest or alleged criminal activity to which the petition to
922seal pertains.
923     (e)  Has never secured a prior sealing or expunction of a
924criminal history record under this section, former s. 893.14,
925former s. 901.33, or former s. 943.058.
926     (f)  Is no longer under court supervision applicable to the
927disposition of the arrest or alleged criminal activity to which
928the petition to seal pertains.
929     (3)  PROCESSING OF A PETITION OR ORDER TO SEAL.--
930     (a)  In judicial proceedings under this section, a copy of
931the completed petition to seal shall be served upon the
932appropriate state attorney or the statewide prosecutor and upon
933the arresting agency; however, it is not necessary to make any
934agency other than the state a party. The appropriate state
935attorney or the statewide prosecutor and the arresting agency
936may respond to the court regarding the completed petition to
937seal.
938     (b)  If relief is granted by the court, the clerk of the
939court shall certify copies of the order to the appropriate state
940attorney or the statewide prosecutor and to the arresting
941agency. The arresting agency is responsible for forwarding the
942order to any other agency to which the arresting agency
943disseminated the criminal history record information to which
944the order pertains. The department shall forward the order to
945seal to the Federal Bureau of Investigation. The clerk of the
946court shall certify a copy of the order to any other agency
947which the records of the court reflect has received the criminal
948history record from the court.
949     (c)  For an order to seal entered by a court prior to July
9501, 1992, the department shall notify the appropriate state
951attorney or statewide prosecutor of any order to seal which is
952contrary to law because the person who is the subject of the
953record has previously been convicted of a crime or comparable
954ordinance violation or has had a prior criminal history record
955sealed or expunged. Upon receipt of such notice, the appropriate
956state attorney or statewide prosecutor shall take action, within
95760 days, to correct the record and petition the court to void
958the order to seal. The department shall seal the record until
959such time as the order is voided by the court.
960     (d)  On or after July 1, 1992, the department or any other
961criminal justice agency is not required to act on an order to
962seal entered by a court when such order does not comply with the
963requirements of this section. Upon receipt of such an order, the
964department must notify the issuing court, the appropriate state
965attorney or statewide prosecutor, the petitioner or the
966petitioner's attorney, and the arresting agency of the reason
967for noncompliance. The appropriate state attorney or statewide
968prosecutor shall take action within 60 days to correct the
969record and petition the court to void the order. No cause of
970action, including contempt of court, shall arise against any
971criminal justice agency for failure to comply with an order to
972seal when the petitioner for such order failed to obtain the
973certificate of eligibility as required by this section or when
974such order does not comply with the requirements of this
975section.
976     (e)  An order sealing a criminal history record pursuant to
977this section does not require that such record be surrendered to
978the court, and such record shall continue to be maintained by
979the department and other criminal justice agencies.
980     (4)  EFFECT OF CRIMINAL HISTORY RECORD SEALING.--A criminal
981history record of a minor or an adult which is ordered sealed by
982a court of competent jurisdiction pursuant to this section is
983confidential and exempt from the provisions of s. 119.07(1) and
984s. 24(a), Art. I of the State Constitution and is available only
985to the person who is the subject of the record, to the subject's
986attorney, to criminal justice agencies for their respective
987criminal justice purposes, which include conducting a criminal
988history background check for approval of firearms purchases or
989transfers as authorized by state or federal law, or to those
990entities set forth in subparagraphs (a)1., 4., 5., and 6., and
9918. for their respective licensing, access authorization, and
992employment purposes.
993     (a)  The subject of a criminal history record sealed under
994this section or under other provisions of law, including former
995s. 893.14, former s. 901.33, and former s. 943.058, may lawfully
996deny or fail to acknowledge the arrests covered by the sealed
997record, except when the subject of the record:
998     1.  Is a candidate for employment with a criminal justice
999agency;
1000     2.  Is a defendant in a criminal prosecution;
1001     3.  Concurrently or subsequently petitions for relief under
1002this section or s. 943.0585;
1003     4.  Is a candidate for admission to The Florida Bar;
1004     5.  Is seeking to be employed or licensed by or to contract
1005with the Department of Children and Family Services or the
1006Department of Juvenile Justice or to be employed or used by such
1007contractor or licensee in a sensitive position having direct
1008contact with children, the developmentally disabled, the aged,
1009or the elderly as provided in s. 110.1127(3), s. 393.063, s.
1010394.4572(1), s. 397.451, s. 402.302(3), s. 402.313(3), s.
1011409.175(2)(i), s. 415.102(4), s. 415.103, s. 916.106(10) and
1012(13), s. 985.407, or chapter 400; or
1013     6.  Is seeking to be employed or licensed by the Department
1014of Education, any district school board, any university
1015laboratory school, any charter school, any private or parochial
1016school, or any local governmental entity that licenses child
1017care facilities;.
1018     7.  Is attempting to purchase a firearm from a licensed
1019importer, licensed manufacturer, or licensed dealer and is
1020subject to a criminal history background check under state or
1021federal law; or
1022     8.  Is seeking authorization from a Florida seaport
1023identified in s. 311.09 for employment within or access to one
1024or more of such seaports pursuant to s. 311.12 or s. 311.125.
1025     (b)  Subject to the exceptions in paragraph (a), a person
1026who has been granted a sealing under this section, former s.
1027893.14, former s. 901.33, or former s. 943.058 may not be held
1028under any provision of law of this state to commit perjury or to
1029be otherwise liable for giving a false statement by reason of
1030such person's failure to recite or acknowledge a sealed criminal
1031history record.
1032     (c)  Information relating to the existence of a sealed
1033criminal record provided in accordance with the provisions of
1034paragraph (a) is confidential and exempt from the provisions of
1035s. 119.07(1) and s. 24(a), Art. I of the State Constitution,
1036except that the department shall disclose the sealed criminal
1037history record to the entities set forth in subparagraphs (a)1.,
10384., 5., and 6., and 8. for their respective licensing, access
1039authorization, and employment purposes. It is unlawful for any
1040employee of an entity set forth in subparagraph (a)1.,
1041subparagraph (a)4., subparagraph (a)5., or subparagraph (a)6.,
1042or subparagraph (a)8. to disclose information relating to the
1043existence of a sealed criminal history record of a person
1044seeking employment, access authorization, or licensure with such
1045entity or contractor, except to the person to whom the criminal
1046history record relates or to persons having direct
1047responsibility for employment, access authorization, or
1048licensure decisions. Any person who violates the provisions of
1049this paragraph commits a misdemeanor of the first degree,
1050punishable as provided in s. 775.082 or s. 775.083.
1051     (5)  STATUTORY REFERENCES.--Any reference to any other
1052chapter, section, or subdivision of the Florida Statutes in this
1053section constitutes a general reference under the doctrine of
1054incorporation by reference.
1055     Section 12.  Subsection (5) of section 943.13, Florida
1056Statutes, is amended to read:
1057     943.13  Officers' minimum qualifications for employment or
1058appointment.--On or after October 1, 1984, any person employed
1059or appointed as a full-time, part-time, or auxiliary law
1060enforcement officer or correctional officer; on or after October
10611, 1986, any person employed as a full-time, part-time, or
1062auxiliary correctional probation officer; and on or after
1063October 1, 1986, any person employed as a full-time, part-time,
1064or auxiliary correctional officer by a private entity under
1065contract to the Department of Corrections, to a county
1066commission, or to the Department of Management Services shall:
1067     (5)  Have documentation of his or her processed
1068fingerprints on file with the employing agency or, if a private
1069correctional officer, have documentation of his or her processed
1070fingerprints on file with the Department of Corrections or the
1071Criminal Justice Standards and Training Commission. If
1072administrative delays are caused by the department or the
1073Federal Bureau of Investigation and the person has complied with
1074subsections (1)-(4) and (6)-(9), he or she may be employed or
1075appointed for a period not to exceed 1 calendar year from the
1076date he or she was employed or appointed or until return of the
1077processed fingerprints documenting noncompliance with
1078subsections (1)-(4) or subsection (7), whichever occurs first.
1079Beginning January 15, 2007, the department shall retain and
1080enter into the statewide automated fingerprint identification
1081system authorized by s. 943.05 all fingerprints submitted to the
1082department as required by this section. Thereafter, the
1083fingerprints shall be available for all purposes and uses
1084authorized for arrest fingerprint cards entered in the statewide
1085automated fingerprint identification system pursuant to s.
1086943.051. The department shall search all arrest fingerprint
1087cards received pursuant to s. 943.051 against the fingerprints
1088retained in the statewide automated fingerprint identification
1089system pursuant to this section and report to the employing
1090agency any arrest records that are identified with the retained
1091employee's fingerprints. By January 1, 2008, a person who must
1092meet minimum qualifications as provided in this section and
1093whose fingerprints are not retained by the department pursuant
1094to this section must be refingerprinted. These fingerprints must
1095be forwarded to the department for processing and retention.
1096     Section 13.  Section 943.1715, Florida Statutes, is amended
1097to read:
1098     943.1715  Basic skills training relating to diverse
1099populations.--The commission shall establish and maintain
1100standards for instruction of officers in the subject of
1101interpersonal skills relating to diverse populations, with an
1102emphasis on the awareness of cultural differences. Every basic
1103skills course required in order for officers to obtain initial
1104certification must include a minimum of 8 hours training in
1105interpersonal skills with diverse populations.
1106     Section 14.  Section 943.1716, Florida Statutes, is amended
1107to read:
1108     943.1716  Continued employment training relating to diverse
1109populations.--The commission shall by rule require that each
1110officer receive, as part of the 40 hours of required instruction
1111for continued employment or appointment as an officer, 8 hours
1112of instruction in the subject of interpersonal skills relating
1113to diverse populations, with an emphasis on the awareness of
1114cultural differences.
1115     Section 15.  Section 943.2569, Florida Statutes, is
1116repealed.
1117     Section 16.  Section 943.257, Florida Statutes, is amended
1118to read:
1119     943.257  Independent audit documentation subject to
1120inspection.--The Criminal Justice Standards and Training
1121Commission or a center's advisory board may inspect and copy any
1122documents from the center as required to carry out the
1123commission's or the respective board's oversight
1124responsibilities, including information and documents related to
1125applicant evaluations and center expenditures. In addition, the
1126commission or board may inspect and copy the documentation of
1127any internal or independent audits conducted by or on behalf of
1128the centers to ensure that candidate and inservice officer
1129assessments have been made and that expenditures are in
1130conformance with the requirements of this act and with other
1131applicable procedures.
1132     Section 17.  Subsections (1) and (3) of section 943.401,
1133Florida Statutes, are amended to read:
1134     943.401  Public assistance fraud.--
1135     (1)(a)  The Department of Law Enforcement shall investigate
1136all public assistance provided to residents of the state or
1137provided to others by the state made under the provisions of
1138chapter 409 or chapter 414. In the course of such investigation
1139the Department of Law Enforcement shall examine all records,
1140including electronic benefits transfer records and make inquiry
1141of all persons who may have knowledge as to any irregularity
1142incidental to the disbursement of public moneys, food stamps, or
1143other items or benefits authorizations to recipients.
1144     (b)  All public assistance recipients, as a condition
1145precedent to qualification for public assistance received and as
1146defined under the provisions of chapter 409, chapter 411, or
1147chapter 414, shall first give in writing, to the Agency for
1148Health Care Administration, the Department of Health, the Agency
1149for Workforce Innovation, and the Department of Children and
1150Family Services, as appropriate, and to the Department of Law
1151Enforcement, consent to make inquiry of past or present
1152employers and records, financial or otherwise.
1153     (3)  The results of such investigation shall be reported by
1154the Department of Law Enforcement to the appropriate legislative
1155committees, the Agency for Health Care Administration, the
1156Department of Health, the Agency for Workforce Innovation, and
1157the Department of Children and Family Services, and to such
1158others as the Department of Law Enforcement may determine.
1159     Section 18.  Authority to purchase goodwill and promotional
1160materials.--
1161     (1)  The Legislature recognizes that the Department of Law
1162Enforcement functions as one of the state's primary law
1163enforcement representatives in national and international
1164meetings, conferences, and cooperative efforts. The department
1165often hosts delegates from other federal, state, local, and
1166international agencies and is in a position to function as a
1167representative of the state fostering goodwill and effective
1168interagency working relationships. It is the intent of the
1169Legislature that the department be allowed, consistent with the
1170dignity and integrity of the state, to purchase and distribute
1171material and items of collection to those with whom the
1172department has contact in meetings, conferences, and cooperative
1173efforts.
1174     (2)  In addition to expenditures separately authorized by
1175law, the department may expend not more than $5,000 annually to
1176purchase and distribute promotional materials or items that
1177serve to advance with dignity and integrity the goodwill of this
1178state and the department and to provide basic refreshments at
1179official functions, seminars, or meetings of the department in
1180which dignitaries or representatives from the Federal
1181Government, other states or nationalities, or other agencies are
1182in attendance.
1183     Section 19.  Unauthorized use of Department of Law
1184Enforcement emblems or names prohibited.--
1185     (1)  Whoever, except with the written permission of the
1186executive director of the Department of Law Enforcement or as
1187otherwise expressly authorized by the department, knowingly uses
1188the words "Florida Department of Law Enforcement," the initials
1189"F.D.L.E." or "FDLE," or the words "Florida Capitol Police," or
1190any colorable imitation of such words or initials, or who uses a
1191logo or emblem used by the department in connection with any
1192advertisement, circular, book, pamphlet, or other publication,
1193play, motion picture, broadcast, telecast, or other production,
1194in any Internet web page or upon any product in a manner
1195reasonably calculated to convey the impression that such
1196advertisement, circular, book, pamphlet, or other publication,
1197play, motion picture, broadcast, telecast, or other production,
1198Internet web page, or product is approved, endorsed, or
1199authorized by the Department of Law Enforcement commits a
1200misdemeanor of the first degree, punishable as provided in s.
1201775.082 or s. 775.083, Florida Statutes.
1202     (2)  A violation of this section may be enjoined upon suit
1203by the department or the Department of Legal Affairs upon
1204complaint filed in any court of competent jurisdiction.
1205     Section 20.  Except as otherwise expressly provided in this
1206act, this act shall take effect July 1, 2006.


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