HB 0151

CS

CHAMBER ACTION

1	The Justice Council 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, media
36	representatives, and dealers of communications services
37	from civil liability for complying in good faith with a
38	request to record or report information of an Amber Alert
39	or Missing Child Alert; providing that a technical or
40	clerical error or incorrect or incomplete information does
41	not overcome the presumption of good faith in reporting
42	information about an Amber Alert or Missing Child Alert;
43	providing that it is a discretionary decision to report,
44	record, or display Amber Alert or Missing Child Alert
45	information received from the local law enforcement agency
46	having jurisdiction; amending s. 938.07, F.S.; requiring
47	that a portion of certain court costs imposed for a
48	conviction of driving or boating under the influence be
49	deposited into the Operating Trust Fund of the Department
50	of Law Enforcement instead of the Criminal Justice
51	Standards and Training Trust Fund; amending s. 938.27,
52	F.S.; requiring that investigative costs recovered on
53	behalf of the Department of Law Enforcement be deposited
54	into the department's Forfeiture and Investigative Trust
55	Fund; amending s. 943.052, F.S.; requiring that
56	disposition reports for dispositions relating to minor
57	offenders are mandatory after a specified date; amending
58	s. 68.07, F.S.; requiring a set of fingerprints as part of
59	a name change petition; amending s. 943.05, F.S.;
60	authorizing the Department of Law Enforcement to retain
61	fingerprints in certain circumstances and use retained
62	fingerprints for certain purposes; providing for an annual
63	fee; providing for waiver of the fee for good cause shown;
64	providing for free services for certain purposes; amending
65	s. 943.053, F.S.; requiring the department to make certain
66	information available to judges; limiting use of
67	information; authorizing a criminal justice agency to
68	obtain a criminal history background check of a
69	noncertified agency employee by submitting fingerprints to
70	the department; requiring that the criminal history check
71	be provided by the department in certain circumstances;
72	amending s. 943.0585, F.S.; prohibiting a court from
73	expunging a criminal history record containing certain
74	sexual offenses or certain offenses that require
75	registration as a sexual offender; requiring a valid
76	certificate of eligibility for expunction in a petition to
77	expunge a criminal history record; specifying the time
78	during which a certificate of eligibility for expunction
79	is valid; requiring that a trial may not have occurred in
80	order for a person to obtain a statement from the state
81	attorney authorizing the expunction of a criminal record;
82	authorizing a person who has secured a prior sealing of a
83	criminal history record to seek a certificate of
84	eligibility for expunction if the criminal history record
85	was previously sealed for a certain number of years and is
86	otherwise eligible for expunction; providing that a person
87	who is seeking authorization for employment within or
88	access to a seaport may not deny or fail to acknowledge
89	arrests covered by expunged records; providing that the
90	department may acknowledge expunged criminal history
91	records under certain circumstances; prohibiting seaport
92	employees from disclosing expunged criminal history record
93	information except to certain persons; providing
94	penalties; amending s. 943.059, F.S.; enumerating certain
95	sexual offenses and offenses that require registration as
96	a sexual offender which may not be sealed; requiring a
97	valid certificate of eligibility for sealing in a petition
98	to seal a criminal history record; specifying the period
99	during which a certificate of eligibility for sealing is
100	valid; providing that the information contained in a
101	sealed criminal record is available to a criminal justice
102	agency for the purpose of conducting a criminal history
103	background check for approval of a firearms purchase or
104	transfer; prohibiting a person from denying arrests
105	covered by his or her sealed criminal record when
106	attempting to purchase a firearm; providing that a person
107	who is seeking authorization for employment within or
108	access to a seaport may not deny or fail to acknowledge
109	arrests covered by sealed records; providing that the
110	department may acknowledge sealed criminal history records
111	under certain circumstances; prohibiting seaport employees
112	from disclosing sealed criminal history record information
113	except to certain persons; providing penalties; amending
114	s. 943.13, F.S.; requiring the department to enter law
115	enforcement, correctional, and correctional probation
116	officers' fingerprints into a statewide automated
117	fingerprint identification system; requiring the
118	department to search each arrest fingerprint card received
119	against fingerprints retained in the statewide automated
120	fingerprint identification system; providing for
121	refingerprinting by a certain date; amending ss. 943.1715
122	and 943.1716, F.S.; deleting the minimum number of hours
123	required for basic skills training and continued
124	employment training relating to diverse populations for
125	law enforcement, correctional, and correctional probation
126	officers; repealing s. 943.2569, F.S., relating to an
127	annual financial audit of criminal justice selection
128	centers; amending s. 943.257, F.S.; authorizing the
129	Criminal Justice Standards and Training Commission and the
130	advisory board of a criminal justice selection center to
131	inspect and copy any documents from a center in order to
132	carry out oversight responsibilities, including documents
133	pertaining to any internal or independent audits; amending
134	s. 943.401, F.S.; requiring the department to investigate
135	all public assistance that is provided by the state;
136	requiring public assistance recipients to consent in
137	writing to an investigation into their employment and
138	financial histories by the Agency for Workforce
139	Innovation; requiring the department to report the results
140	of the investigations to the Agency for Workforce
141	Innovation; authorizing the department to purchase
142	goodwill and promotional materials; limiting the annual
143	amount of such expenditures; prohibiting the unauthorized
144	use of the department's emblems and names; providing a
145	penalty; amending s. 932.7055, F.S.; deleting certain
146	reporting requirements; repealing s. 932.707, F.S.,
147	relating to penalty for noncompliance with reporting
148	requirements; providing effective dates.
149
150	Be It Enacted by the Legislature of the State of Florida:
151
152	Section 1.  Effective February 1, 2007, paragraph (a) of
153	subsection (2) of section 790.065, Florida Statutes, is amended
154	to read:
155	790.065  Sale and delivery of firearms.--
156	(2)  Upon receipt of a request for a criminal history
157	record check, the Department of Law Enforcement shall, during
158	the licensee's call or by return call, forthwith:
159	(a)  Review criminal history records and other records that
160	have been provided to the department to determine if the
161	potential buyer or transferee:
162	1.  Has been convicted of a felony and is prohibited from
163	receipt or possession of a firearm pursuant to s. 790.23;
164	2.  Has been convicted of a misdemeanor crime of domestic
165	violence, and therefore is prohibited from purchasing a firearm;
166	or
167	3.  Has had adjudication of guilt withheld or imposition of
168	sentence suspended on any felony or misdemeanor crime of
169	domestic violence unless 3 years have elapsed since probation or
170	any other conditions set by the court have been fulfilled or
171	expunction has occurred; or.
172	4.  Has been adjudicated mentally defective or has been
173	committed to a mental institution by a court and as a result is
174	prohibited by federal law from purchasing a firearm.
175	a.  As used in this subparagraph, "adjudicated mentally
176	defective" means a determination by a court that a person, as a
177	result of marked subnormal intelligence, or mental illness,
178	incompetency, condition, or disease, is a danger to himself or
179	herself or to others or lacks the mental capacity to contract or
180	manage his or her own affairs. The phrase shall include a
181	judicial finding of incapacity under s. 744.331(6)(a), an
182	acquittal by reason of insanity of a person charged with a
183	criminal offense, and a judicial finding that a criminal
184	defendant is not competent to stand trial.
185	b.  As used in this subparagraph, "committed to a mental
186	institution" means involuntary commitment, commitment for mental
187	defectiveness or mental illness, and commitment for substance
188	abuse. The phrase shall include involuntary inpatient placement
189	as defined in s. 394.467, involuntary assessment and
190	stabilization under s. 397.6818, and involuntary substance abuse
191	treatment under s. 397.6957, but shall not include a person in a
192	mental institution for observation or discharged from a mental
193	institution based upon the initial review by the physician or a
194	voluntary admission to a mental institution.
195	c.  In order to check for these conditions, the department
196	shall compile and maintain an automated database of persons who
197	are prohibited from purchasing a firearm based on court records
198	of adjudications of mental defectiveness or commitments to
199	mental institutions. Clerks of court are required to submit
200	these records to the department within 1 month after the
201	rendition of the adjudication or commitment. Reports may be
202	submitted in an automated format. The reports must, at a
203	minimum, include the name, along with any known alias or former
204	name, the sex, and the date of birth of the subject. The
205	department shall delete any mental health record from the
206	database upon request of an individual when 5 years have elapsed
207	since the individual's restoration to capacity by court order
208	after being adjudicated an incapacitated person under s.
209	744.331, or similar laws of any other state; or, in the case of
210	an individual who was previously committed to a mental
211	institution under chapter 394, or similar laws of any other
212	state, when the individual produces a certificate from a
213	licensed psychiatrist that he or she has not suffered from
214	disability for at least 5 years prior to the date of request for
215	removal of the record. Where the department has received a
216	subsequent record of an adjudication of mental defectiveness or
217	commitment to a mental institution for such individual, the 5-
218	year timeframe shall be calculated from the most recent
219	adjudication of incapacitation or commitment.
220	d.  The department is authorized to disclose the collected
221	data to agencies of the Federal Government and other states for
222	use exclusively in determining the lawfulness of a firearm sale
223	or transfer. The department is also authorized to disclose any
224	applicable collected data to the Department of Agriculture and
225	Consumer Services for determination of eligibility for issuance
226	of a concealed weapons or concealed firearms license upon
227	receipt of an applicant fingerprint submission forwarded
228	pursuant to s. 790.06(6)(a). When a potential buyer or
229	transferee appeals a nonapproval based on these records, the
230	clerks of court and mental institutions shall, upon request by
231	the department, provide information to help determine whether
232	the potential buyer or transferee is the same person as the
233	subject of the record. Photographs and any other data that could
234	confirm or negate identity must be made available to the
235	department for such purposes, notwithstanding any other
236	provision of state law to the contrary. Any such information
237	that is made confidential or exempt from disclosure by law shall
238	retain such confidential or exempt status when transferred to
239	the department.
240	Section 2.  Subsections (4) and (5) of section 914.25,
241	Florida Statutes, are amended to read:
242	914.25  Protective services for certain victims and
243	witnesses.--
244	(4)(a)  When a victim or witness is certified as provided
245	in subsection (3), a law enforcement agency, in consultation
246	with the certifying state attorney or the statewide prosecutor,
247	may provide appropriate protective services. If a victim or
248	witness needs to be temporarily relocated, the statewide
249	prosecutor or the state attorney must notify the Department of
250	Law Enforcement. The Department of Law Enforcement, in
251	consultation with the statewide prosecutor or the state
252	attorney, and any other law enforcement agency involved in the
253	criminal investigation or prosecution, shall coordinate the
254	temporary relocation of the victim or witness.
255	(b)  Protective services, including temporary relocation
256	services, may initially be provided for up to 1 year or until
257	the risk giving rise to the certification has diminished,
258	whichever occurs sooner. If deemed necessary, The statewide
259	prosecutor or the state attorney may, at the end of the
260	certification year, recertify a victim or witness at risk of
261	harm for an additional period of up to 1 year or until the risk
262	giving rise to the certification has diminished, whichever
263	occurs first. A victim or witness at risk of harm may be
264	certified and recertified annually as provided in this section
265	to provide a maximum of 4 years of eligibility for protective
266	services.
267	(5)  The lead law enforcement agency that provides
268	protective services, as authorized in this section, may seek
269	reimbursement for its reasonable expenses from the Victim and
270	Witness Protection Review Committee, pursuant to the provisions
271	of s. 943.031. This section does not prevent any law enforcement
272	agency from providing protective services at the agency's
273	expense beyond the 4-year maximum period established in this
274	section. Any such additional expenditures for protective
275	services are not eligible for the reimbursement provided in this
276	section.
277	Section 3.  Subsection (3) is added to section 937.021,
278	Florida Statutes, to read:
279	937.021  Missing child reports.--
280	(3)(a)  Upon receiving a request to record, report,
281	transmit, display, or release Amber Alert or Missing Child Alert
282	information from the law enforcement agency having jurisdiction
283	over the missing or endangered child, the Department of Law
284	Enforcement as the state Amber Alert coordinator; any state or
285	local law enforcement agency and the personnel of these
286	agencies; any radio or television network, broadcaster, or other
287	media representative; any dealer of communications services as
288	defined in s. 202.11; or any agency, employee, individual, or
289	entity is immune from civil liability for damages for complying
290	in good faith with the request and is presumed to have acted in
291	good faith in recording, reporting, transmitting, displaying, or
292	releasing Amber Alert or Missing Child Alert information
293	pertaining to such child.
294	(b)  The presumption of good faith is not overcome if a
295	technical or clerical error is made by any such agency,
296	employee, individual, or entity acting at the request of the
297	local law enforcement agency having jurisdiction or if the Amber
298	Alert or Missing Child Alert information is incomplete or
299	incorrect because the information received from the local law
300	enforcement agency was incomplete or incorrect.
301	(c)  Neither this subsection nor any other provision of law
302	creates a duty of the agency, employee, individual, or entity to
303	record, report, transmit, display, or release the Amber Alert or
304	Missing Child Alert information received from the local law
305	enforcement agency having jurisdiction. The decision to record,
306	report, transmit, display, or release information is
307	discretionary with the agency, employee, individual, or entity
308	receiving that information from the local law enforcement agency
309	having jurisdiction.
310	Section 4.  Section 938.07, Florida Statutes, is amended to
311	read:
312	938.07  Driving or boating under the
313	influence.--Notwithstanding any other provision of s. 316.193 or
314	s. 327.35, a court cost of $135 shall be added to any fine
315	imposed pursuant to s. 316.193 or s. 327.35. The clerks shall
316	remit the funds to the Department of Revenue, $25 of which shall
317	be deposited in the Emergency Medical Services Trust Fund, $50
318	shall be deposited in the Operating Criminal Justice Standards
319	and Training Trust Fund of the Department of Law Enforcement to
320	be used for operational expenses in conducting the statewide
321	criminal analysis laboratory system established in s. 943.32,
322	and $60 shall be deposited in the Brain and Spinal Cord Injury
323	Rehabilitation Trust Fund created in s. 381.79.
324	Section 5.  Subsection (7) of section 938.27, Florida
325	Statutes, is amended to read:
326	938.27  Judgment for costs on conviction.--
327	(7)  Investigative costs that which are recovered shall be
328	returned to the appropriate investigative agency that which
329	incurred the expense. Such costs shall include actual expenses
330	incurred in conducting the investigation and prosecution of the
331	criminal case; however, costs may also include the salaries of
332	permanent employees. Any investigative costs recovered on behalf
333	of a state agency must be remitted to the Department of Revenue
334	for deposit in the agency operating trust fund, and a report of
335	the payment must be sent to the agency, except that any
336	investigative costs recovered on behalf of the Department of Law
337	Enforcement shall be deposited in the department's Forfeiture
338	and Investigative Support Trust Fund under s. 943.362.
339	Section 6.  Subsection (2) of section 943.052, Florida
340	Statutes, is amended to read:
341	943.052  Disposition reporting.--The Criminal Justice
342	Information Program shall, by rule, establish procedures and a
343	format for each criminal justice agency to monitor its records
344	and submit reports, as provided by this section, to the program.
345	The disposition report shall be developed by the program and
346	shall include the offender-based transaction system number.
347	(2)  Each clerk of the court shall submit the uniform
348	dispositions to the program or in a manner acceptable to the
349	program. The report shall be submitted at least once a month
350	and, when acceptable by the program, may be submitted in an
351	automated format. The disposition report is mandatory for
352	dispositions relating to adult offenders only. Beginning July 1,
353	2008, a disposition report for each disposition relating to a
354	minor offender is mandatory.
355	Section 7.  Subsections (2) and (5) of section 68.07,
356	Florida Statutes, are amended to read:
357	68.07  Change of name.--
358	(2)  The petition shall include a set copy of the
359	petitioner's fingerprints taken by a law enforcement agency
360	except where a former name is being restored and be verified and
361	show:
362	(a)  That petitioner is a bona fide resident of and
363	domiciled in the county where the change of name is sought.
364	(b)  If known, the date and place of birth of petitioner,
365	petitioner's father's name, mother's maiden name, and where
366	petitioner has resided since birth.
367	(c)  If petitioner is married, the name of petitioner's
368	spouse and if petitioner has children, the names and ages of
369	each and where they reside.
370	(d)  If petitioner's name has previously been changed and
371	when and where and by what court.
372	(e)  Petitioner's occupation and where petitioner is
373	employed and has been employed for 5 years next preceding filing
374	of the petition. If petitioner owns and operates a business, the
375	name and place of it shall be stated and petitioner's connection
376	therewith and how long petitioner has been identified with said
377	business. If petitioner is in a profession, the profession shall
378	be stated, where the petitioner has practiced the profession and
379	if a graduate of a school or schools, the name or names thereof,
380	time of graduation, and degrees received.
381	(f)  Whether the petitioner has been generally known or
382	called by any other names and if so, by what names and where.
383	(g)  Whether petitioner has ever been adjudicated a
384	bankrupt and if so, where and when.
385	(h)  Whether petitioner has ever been arrested for or
386	charged with, pled guilty or nolo contendere to, or been found
387	to have committed a criminal offense, regardless of
388	adjudication, and if so, when and where.
389	(i)  Whether any money judgment has ever been entered
390	against petitioner and if so, the name of the judgment creditor,
391	the amount and date thereof, the court by which entered, and
392	whether the judgment has been satisfied.
393	(j)  That the petition is filed for no ulterior or illegal
394	purpose and granting it will not in any manner invade the
395	property rights of others, whether partnership, patent, good
396	will, privacy, trademark, or otherwise.
397	(k)  That the petitioner's civil rights have never been
398	suspended, or if the petitioner's civil rights have been
399	suspended, that full restoration of civil rights has occurred.
400	(5)  The clerk must, upon the filing of the final judgment,
401	send a report of the judgment to the Department of Law
402	Enforcement on a form to be furnished by that department. The
403	Department of Law Enforcement must send a copy of the report to
404	the Department of Highway Safety and Motor Vehicles, which may
405	be delivered by electronic transmission. The report must contain
406	sufficient information to identify the petitioner, including a
407	set copy of the petitioner's fingerprints taken by a law
408	enforcement agency, the new name of the petitioner, and the file
409	number of the judgment. Any information retained by the
410	Department of Law Enforcement and the Department of Highway
411	Safety and Motor Vehicles may be revised or supplemented by said
412	departments to reflect changes made by the final judgment. With
413	respect to a person convicted of a felony in another state or of
414	a federal offense, the Department of Law Enforcement must send
415	the report to the respective state's office of law enforcement
416	records or to the office of the Federal Bureau of Investigation.
417	The Department of Law Enforcement may forward the report to any
418	other law enforcement agency it believes may retain information
419	related to the petitioner. Any costs associated with
420	fingerprinting must be paid by the petitioner.
421	Section 8.  Paragraphs (g) and (h) are added to subsection
422	(2) of section 943.05, Florida Statutes, to read:
423	943.05  Criminal Justice Information Program; duties; crime
424	reports.--
425	(2)  The program shall:
426	(g)  As authorized by law, retain fingerprints submitted by
427	criminal and noncriminal justice agencies to the department for
428	a criminal history background screening in a manner provided by
429	rule and enter the fingerprints in the statewide automated
430	fingerprint identification system authorized by paragraph (b).
431	Such fingerprints shall thereafter be available for all purposes
432	and uses authorized for arrest fingerprint cards entered into
433	the statewide automated fingerprint identification system
434	pursuant to s. 943.051.
435	(h)1.  As authorized by law, search all arrest fingerprint
436	cards received under s. 943.051 against the fingerprints
437	retained in the statewide automated fingerprint identification
438	system under paragraph (g). Any arrest record that is identified
439	with the retained fingerprints of a person subject to background
440	screening as provided in paragraph (g) shall be reported to the
441	appropriate agency.
442	2.  Agencies may participate in this search process by
443	payment of an annual fee to the department and by informing the
444	department of any change in the affiliation, employment, or
445	contractual status or place of affiliation, employment, or
446	contracting of the persons whose fingerprints are retained under
447	paragraph (g). The department shall adopt a rule setting the
448	amount of the annual fee to be imposed upon each participating
449	agency for performing these searches and establishing the
450	procedures for the retention of fingerprints and the
451	dissemination of search results. The fee may be borne as
452	provided by law. Fees may be waived or reduced by the executive
453	director for good cause shown. Consistent with the recognition
454	of criminal justice agencies expressed in s. 943.053(3), these
455	services will be provided to criminal justice agencies for
456	criminal justice purposes free of charge.
457	Section 9.  Subsections (5) through (9) of section 943.053,
458	Florida Statutes, are renumbered as subsections (6) through
459	(10), respectively, and new subsections (5), (11), and (12) are
460	added to that section, to read:
461	943.053  Dissemination of criminal justice information;
462	fees.--
463	(5)  Notwithstanding the provisions of s. 943.0525, and any
464	user agreements adopted pursuant thereto, and notwithstanding
465	the confidentiality of sealed records as provided for in s.
466	943.059, the department shall make online access to Florida
467	criminal justice information available to each judge in the
468	state courts system for the purpose of assisting judges in their
469	case-related decisionmaking responsibilities. Such online access
470	shall be provided without charge to the state courts system.
471	Sealed records received by the courts under this section remain
472	confidential and exempt from the provisions of s. 119.07(1). The
473	information provided pursuant to this section shall not take the
474	place of any information required to be provided to the courts
475	by any other agency or entity. Information provided under this
476	section shall be used only for the official court business for
477	which it was requested and may not be further disseminated.
478	(11)  A criminal justice agency that is authorized under
479	federal rules or law to conduct a criminal history background
480	check on an agency employee who is not certified by the Criminal
481	Justice Standards and Training Commission under s. 943.12 may
482	submit to the department the fingerprints of the noncertified
483	employee to obtain state and national criminal history
484	information. Effective January 15, 2007, the fingerprints
485	submitted shall be retained and entered in the statewide
486	automated fingerprint identification system authorized by s.
487	943.05 and shall be available for all purposes and uses
488	authorized for arrest fingerprint cards entered in the statewide
489	automated fingerprint identification system pursuant to s.
490	943.051. The department shall search all arrest fingerprint
491	cards received pursuant to s. 943.051 against the fingerprints
492	retained in the statewide automated fingerprint identification
493	system pursuant to this section. In addition to all purposes and
494	uses authorized for arrest fingerprint cards for which submitted
495	fingerprints may be used, any arrest record that is identified
496	with the retained employee fingerprints must be reported to the
497	submitting employing agency.
498	(12)  Notwithstanding any other provision of law, when a
499	criminal history check or a duty to disclose the absence of a
500	criminal history check is mandated by state law, or when a
501	privilege or benefit is conferred by state law in return for
502	exercising an option of conducting a criminal history check, the
503	referenced criminal history check, whether it is an initial or
504	renewal check, shall include a Florida criminal history provided
505	by the department as set forth in this section. Such Florida
506	criminal history information may be provided by a private vendor
507	only if that information is directly obtained from the
508	department for each request. When a national criminal history
509	check is required or authorized by state law, the national
510	criminal history check shall be submitted by and through the
511	department in the manner established by the department for such
512	checks, unless otherwise required by federal law. The fee for
513	criminal history information as established by state law or, in
514	the case of national checks, by the Federal Government, shall be
515	borne by the person or entity submitting the request, or as
516	provided by law. Criminal history information provided by any
517	other governmental entity of this state or any private entity
518	shall not be substituted for criminal history information
519	provided by the department when the criminal history check or a
520	duty to disclose the absence of a criminal history check is
521	required by statute or is made a condition of a privilege or
522	benefit by law.
523	Section 10.  Section 943.0585, Florida Statutes, is amended
524	to read:
525	943.0585  Court-ordered expunction of criminal history
526	records.--The courts of this state have jurisdiction over their
527	own procedures, including the maintenance, expunction, and
528	correction of judicial records containing criminal history
529	information to the extent such procedures are not inconsistent
530	with the conditions, responsibilities, and duties established by
531	this section. Any court of competent jurisdiction may order a
532	criminal justice agency to expunge the criminal history record
533	of a minor or an adult who complies with the requirements of
534	this section. The court shall not order a criminal justice
535	agency to expunge a criminal history record until the person
536	seeking to expunge a criminal history record has applied for and
537	received a certificate of eligibility for expunction pursuant to
538	subsection (2). A criminal history record that relates to a
539	violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794,
540	s. 796.03, s. 800.04, s. 810.14, s. 817.034, s. 825.1025, s.
541	827.071, chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s.
542	893.135, s. 916.1075, or a violation enumerated in s. 907.041,
543	or any violation specified as a predicate offense for
544	registration as a sexual predator pursuant to s. 775.21, without
545	regard to whether that offense alone is sufficient to require
546	such registration, or for registration as a sexual offender
547	pursuant to s. 943.0435, may not be expunged, without regard to
548	whether adjudication was withheld, if the defendant was found
549	guilty of or pled guilty or nolo contendere to the offense, or
550	if the defendant, as a minor, was found to have committed, or
551	pled guilty or nolo contendere to committing, the offense as a
552	delinquent act. The court may only order expunction of a
553	criminal history record pertaining to one arrest or one incident
554	of alleged criminal activity, except as provided in this
555	section. The court may, at its sole discretion, order the
556	expunction of a criminal history record pertaining to more than
557	one arrest if the additional arrests directly relate to the
558	original arrest. If the court intends to order the expunction of
559	records pertaining to such additional arrests, such intent must
560	be specified in the order. A criminal justice agency may not
561	expunge any record pertaining to such additional arrests if the
562	order to expunge does not articulate the intention of the court
563	to expunge a record pertaining to more than one arrest. This
564	section does not prevent the court from ordering the expunction
565	of only a portion of a criminal history record pertaining to one
566	arrest or one incident of alleged criminal activity.
567	Notwithstanding any law to the contrary, a criminal justice
568	agency may comply with laws, court orders, and official requests
569	of other jurisdictions relating to expunction, correction, or
570	confidential handling of criminal history records or information
571	derived therefrom. This section does not confer any right to the
572	expunction of any criminal history record, and any request for
573	expunction of a criminal history record may be denied at the
574	sole discretion of the court.
575	(1)  PETITION TO EXPUNGE A CRIMINAL HISTORY RECORD.--Each
576	petition to a court to expunge a criminal history record is
577	complete only when accompanied by:
578	(a)  A valid certificate of eligibility for expunction
579	issued by the department pursuant to subsection (2).
580	(b)  The petitioner's sworn statement attesting that the
581	petitioner:
582	1.  Has never, prior to the date on which the petition is
583	filed, been adjudicated guilty of a criminal offense or
584	comparable ordinance violation, or been adjudicated delinquent
585	for committing any a felony or a misdemeanor specified in s.
586	943.051(3)(b).
587	2.  Has not been adjudicated guilty of, or adjudicated
588	delinquent for committing, any of the acts stemming from the
589	arrest or alleged criminal activity to which the petition
590	pertains.
591	3.  Has never secured a prior sealing or expunction of a
592	criminal history record under this section, former s. 893.14,
593	former s. 901.33, or former s. 943.058, or from any jurisdiction
594	outside the state, unless expunction is sought of a criminal
595	history record previously sealed for 10 years pursuant to
596	paragraph (2)(h) and the record is otherwise eligible for
597	expunction.
598	4.  Is eligible for such an expunction to the best of his
599	or her knowledge or belief and does not have any other petition
600	to expunge or any petition to seal pending before any court.
601
602	Any person who knowingly provides false information on such
603	sworn statement to the court commits a felony of the third
604	degree, punishable as provided in s. 775.082, s. 775.083, or s.
605	775.084.
606	(2)  CERTIFICATE OF ELIGIBILITY FOR EXPUNCTION.--Prior to
607	petitioning the court to expunge a criminal history record, a
608	person seeking to expunge a criminal history record shall apply
609	to the department for a certificate of eligibility for
610	expunction. The department shall, by rule adopted pursuant to
611	chapter 120, establish procedures pertaining to the application
612	for and issuance of certificates of eligibility for expunction.
613	A certificate of eligibility for expunction is valid for 12
614	months after the date stamped on the certificate when issued by
615	the department. After that time, the petitioner must reapply to
616	the department for a new certificate of eligibility. Eligibility
617	for a renewed certification of eligibility must be based on the
618	status of the applicant and the law in effect at the time of the
619	renewal application. The department shall issue a certificate of
620	eligibility for expunction to a person who is the subject of a
621	criminal history record if that person:
622	(a)  Has obtained, and submitted to the department, a
623	written, certified statement from the appropriate state attorney
624	or statewide prosecutor which indicates:
625	1.  That an indictment, information, or other charging
626	document was not filed or issued in the case.
627	2.  That an indictment, information, or other charging
628	document, if filed or issued in the case, was dismissed or nolle
629	prosequi by the state attorney or statewide prosecutor, or was
630	dismissed by a court of competent jurisdiction, and that none of
631	the charges related to the arrest or alleged criminal activity
632	to which the petition to expunge pertains resulted in a trial,
633	without regard to whether the outcome of the trial was other
634	than an adjudication of guilt.
635	3.  That the criminal history record does not relate to a
636	violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794,
637	s. 796.03, s. 800.04, s. 810.14, s. 817.034, s. 825.1025, s.
638	827.071, chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s.
639	893.135, s. 916.1075, or a violation enumerated in s. 907.041,
640	or any violation specified as a predicate offense for
641	registration as a sexual predator pursuant to s. 775.21, without
642	regard to whether that offense alone is sufficient to require
643	such registration, or for registration as a sexual offender
644	pursuant to s. 943.0435, where the defendant was found guilty
645	of, or pled guilty or nolo contendere to any such offense, or
646	that the defendant, as a minor, was found to have committed, or
647	pled guilty or nolo contendere to committing, such an offense as
648	a delinquent act, without regard to whether adjudication was
649	withheld.
650	(b)  Remits a $75 processing fee to the department for
651	placement in the Department of Law Enforcement Operating Trust
652	Fund, unless such fee is waived by the executive director.
653	(c)  Has submitted to the department a certified copy of
654	the disposition of the charge to which the petition to expunge
655	pertains.
656	(d)  Has never, prior to the date on which the application
657	for a certificate of eligibility is filed, been adjudicated
658	guilty of a criminal offense or comparable ordinance violation,
659	or been adjudicated delinquent for committing any a felony or a
660	misdemeanor specified in s. 943.051(3)(b).
661	(e)  Has not been adjudicated guilty of, or adjudicated
662	delinquent for committing, any of the acts stemming from the
663	arrest or alleged criminal activity to which the petition to
664	expunge pertains.
665	(f)  Has never secured a prior sealing or expunction of a
666	criminal history record under this section, former s. 893.14,
667	former s. 901.33, or former s. 943.058, unless expunction is
668	sought of a criminal history record previously sealed for 10
669	years pursuant to paragraph (h) and the record is otherwise
670	eligible for expunction.
671	(g)  Is no longer under court supervision applicable to the
672	disposition of the arrest or alleged criminal activity to which
673	the petition to expunge pertains.
674	(h)  Has previously obtained a court order sealing the
675	record under this section, former s. 893.14, former s. 901.33,
676	or former s. 943.058 for a minimum of 10 years because
677	adjudication was withheld or because all charges related to the
678	arrest or alleged criminal activity to which the petition to
679	expunge pertains were not dismissed prior to trial, without
680	regard to whether the outcome of the trial was other than an
681	adjudication of guilt. The requirement for the record to have
682	previously been sealed for a minimum of 10 years does not apply
683	when a plea was not entered or all charges related to the arrest
684	or alleged criminal activity to which the petition to expunge
685	pertains were dismissed prior to trial. Is not required to wait
686	a minimum of 10 years prior to being eligible for an expunction
687	of such records because all charges related to the arrest or
688	criminal activity to which the petition to expunge pertains were
689	dismissed prior to trial, adjudication, or the withholding of
690	adjudication. Otherwise, such criminal history record must be
691	sealed under this section, former s. 893.14, former s. 901.33,
692	or former s. 943.058 for at least 10 years before such record is
693	eligible for expunction.
694	(3)  PROCESSING OF A PETITION OR ORDER TO EXPUNGE.--
695	(a)  In judicial proceedings under this section, a copy of
696	the completed petition to expunge shall be served upon the
697	appropriate state attorney or the statewide prosecutor and upon
698	the arresting agency; however, it is not necessary to make any
699	agency other than the state a party. The appropriate state
700	attorney or the statewide prosecutor and the arresting agency
701	may respond to the court regarding the completed petition to
702	expunge.
703	(b)  If relief is granted by the court, the clerk of the
704	court shall certify copies of the order to the appropriate state
705	attorney or the statewide prosecutor and the arresting agency.
706	The arresting agency is responsible for forwarding the order to
707	any other agency to which the arresting agency disseminated the
708	criminal history record information to which the order pertains.
709	The department shall forward the order to expunge to the Federal
710	Bureau of Investigation. The clerk of the court shall certify a
711	copy of the order to any other agency which the records of the
712	court reflect has received the criminal history record from the
713	court.
714	(c)  For an order to expunge entered by a court prior to
715	July 1, 1992, the department shall notify the appropriate state
716	attorney or statewide prosecutor of an order to expunge which is
717	contrary to law because the person who is the subject of the
718	record has previously been convicted of a crime or comparable
719	ordinance violation or has had a prior criminal history record
720	sealed or expunged. Upon receipt of such notice, the appropriate
721	state attorney or statewide prosecutor shall take action, within
722	60 days, to correct the record and petition the court to void
723	the order to expunge. The department shall seal the record until
724	such time as the order is voided by the court.
725	(d)  On or after July 1, 1992, the department or any other
726	criminal justice agency is not required to act on an order to
727	expunge entered by a court when such order does not comply with
728	the requirements of this section. Upon receipt of such an order,
729	the department must notify the issuing court, the appropriate
730	state attorney or statewide prosecutor, the petitioner or the
731	petitioner's attorney, and the arresting agency of the reason
732	for noncompliance. The appropriate state attorney or statewide
733	prosecutor shall take action within 60 days to correct the
734	record and petition the court to void the order. No cause of
735	action, including contempt of court, shall arise against any
736	criminal justice agency for failure to comply with an order to
737	expunge when the petitioner for such order failed to obtain the
738	certificate of eligibility as required by this section or such
739	order does not otherwise comply with the requirements of this
740	section.
741	(4)  EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.--Any
742	criminal history record of a minor or an adult which is ordered
743	expunged by a court of competent jurisdiction pursuant to this
744	section must be physically destroyed or obliterated by any
745	criminal justice agency having custody of such record; except
746	that any criminal history record in the custody of the
747	department must be retained in all cases. A criminal history
748	record ordered expunged that is retained by the department is
749	confidential and exempt from the provisions of s. 119.07(1) and
750	s. 24(a), Art. I of the State Constitution and not available to
751	any person or entity except upon order of a court of competent
752	jurisdiction. A criminal justice agency may retain a notation
753	indicating compliance with an order to expunge.
754	(a)  The person who is the subject of a criminal history
755	record that is expunged under this section or under other
756	provisions of law, including former s. 893.14, former s. 901.33,
757	and former s. 943.058, may lawfully deny or fail to acknowledge
758	the arrests covered by the expunged record, except when the
759	subject of the record:
760	1.  Is a candidate for employment with a criminal justice
761	agency;
762	2.  Is a defendant in a criminal prosecution;
763	3.  Concurrently or subsequently petitions for relief under
764	this section or s. 943.059;
765	4.  Is a candidate for admission to The Florida Bar;
766	5.  Is seeking to be employed or licensed by or to contract
767	with the Department of Children and Family Services or the
768	Department of Juvenile Justice or to be employed or used by such
769	contractor or licensee in a sensitive position having direct
770	contact with children, the developmentally disabled, the aged,
771	or the elderly as provided in s. 110.1127(3), s. 393.063, s.
772	394.4572(1), s. 397.451, s. 402.302(3), s. 402.313(3), s.
773	409.175(2)(i), s. 415.102(4), s. 916.106(10) and (13), s.
774	985.407, or chapter 400; or
775	6.  Is seeking to be employed or licensed by the Department
776	of Education, any district school board, any university
777	laboratory school, any charter school, any private or parochial
778	school, or any local governmental entity that licenses child
779	care facilities; or
780	7.  Is seeking authorization from a Florida seaport
781	identified in s. 311.09 for employment within or access to one
782	or more of such seaports pursuant to s. 311.12 or s. 311.125.
783	(b)  Subject to the exceptions in paragraph (a), a person
784	who has been granted an expunction under this section, former s.
785	893.14, former s. 901.33, or former s. 943.058 may not be held
786	under any provision of law of this state to commit perjury or to
787	be otherwise liable for giving a false statement by reason of
788	such person's failure to recite or acknowledge an expunged
789	criminal history record.
790	(c)  Information relating to the existence of an expunged
791	criminal history record which is provided in accordance with
792	paragraph (a) is confidential and exempt from the provisions of
793	s. 119.07(1) and s. 24(a), Art. I of the State Constitution,
794	except that the department shall disclose the existence of a
795	criminal history record ordered expunged to the entities set
796	forth in subparagraphs (a)1., 4., 5., and 6., and 7. for their
797	respective licensing, access authorization, and employment
798	purposes, and to criminal justice agencies for their respective
799	criminal justice purposes. It is unlawful for any employee of an
800	entity set forth in subparagraph (a)1., subparagraph (a)4.,
801	subparagraph (a)5., or subparagraph (a)6., or subparagraph(a)7.
802	to disclose information relating to the existence of an expunged
803	criminal history record of a person seeking employment, access
804	authorization, or licensure with such entity or contractor,
805	except to the person to whom the criminal history record relates
806	or to persons having direct responsibility for employment,
807	access authorization, or licensure decisions. Any person who
808	violates this paragraph commits a misdemeanor of the first
809	degree, punishable as provided in s. 775.082 or s. 775.083.
810	(5)  STATUTORY REFERENCES.--Any reference to any other
811	chapter, section, or subdivision of the Florida Statutes in this
812	section constitutes a general reference under the doctrine of
813	incorporation by reference.
814	Section 11.  Section 943.059, Florida Statutes, is amended
815	to read:
816	943.059  Court-ordered sealing of criminal history
817	records.--The courts of this state shall continue to have
818	jurisdiction over their own procedures, including the
819	maintenance, sealing, and correction of judicial records
820	containing criminal history information to the extent such
821	procedures are not inconsistent with the conditions,
822	responsibilities, and duties established by this section. Any
823	court of competent jurisdiction may order a criminal justice
824	agency to seal the criminal history record of a minor or an
825	adult who complies with the requirements of this section. The
826	court shall not order a criminal justice agency to seal a
827	criminal history record until the person seeking to seal a
828	criminal history record has applied for and received a
829	certificate of eligibility for sealing pursuant to subsection
830	(2). A criminal history record that relates to a violation of s.
831	393.135, s. 394.4593, s. 787.025, chapter 794, s. 796.03, s.
832	800.04, s. 810.14, s. 817.034, s. 825.1025, s. 827.071, chapter
833	839, s. 847.0133, s. 847.0135, s. 847.0145, s. 893.135, s.
834	916.1075, or a violation enumerated in s. 907.041, or any
835	violation specified as a predicate offense for registration as a
836	sexual predator pursuant to s. 775.21, without regard to whether
837	that offense alone is sufficient to require such registration,
838	or for registration as a sexual offender pursuant to s.
839	943.0435, may not be sealed, without regard to whether
840	adjudication was withheld, if the defendant was found guilty of
841	or pled guilty or nolo contendere to the offense, or if the
842	defendant, as a minor, was found to have committed or pled
843	guilty or nolo contendere to committing the offense as a
844	delinquent act. The court may only order sealing of a criminal
845	history record pertaining to one arrest or one incident of
846	alleged criminal activity, except as provided in this section.
847	The court may, at its sole discretion, order the sealing of a
848	criminal history record pertaining to more than one arrest if
849	the additional arrests directly relate to the original arrest.
850	If the court intends to order the sealing of records pertaining
851	to such additional arrests, such intent must be specified in the
852	order. A criminal justice agency may not seal any record
853	pertaining to such additional arrests if the order to seal does
854	not articulate the intention of the court to seal records
855	pertaining to more than one arrest. This section does not
856	prevent the court from ordering the sealing of only a portion of
857	a criminal history record pertaining to one arrest or one
858	incident of alleged criminal activity. Notwithstanding any law
859	to the contrary, a criminal justice agency may comply with laws,
860	court orders, and official requests of other jurisdictions
861	relating to sealing, correction, or confidential handling of
862	criminal history records or information derived therefrom. This
863	section does not confer any right to the sealing of any criminal
864	history record, and any request for sealing a criminal history
865	record may be denied at the sole discretion of the court.
866	(1)  PETITION TO SEAL A CRIMINAL HISTORY RECORD.--Each
867	petition to a court to seal a criminal history record is
868	complete only when accompanied by:
869	(a)  A valid certificate of eligibility for sealing issued
870	by the department pursuant to subsection (2).
871	(b)  The petitioner's sworn statement attesting that the
872	petitioner:
873	1.  Has never, prior to the date on which the petition is
874	filed, been adjudicated guilty of a criminal offense or
875	comparable ordinance violation, or been adjudicated delinquent
876	for committing any a felony or a misdemeanor specified in s.
877	943.051(3)(b).
878	2.  Has not been adjudicated guilty of or adjudicated
879	delinquent for committing any of the acts stemming from the
880	arrest or alleged criminal activity to which the petition to
881	seal pertains.
882	3.  Has never secured a prior sealing or expunction of a
883	criminal history record under this section, former s. 893.14,
884	former s. 901.33, former s. 943.058, or from any jurisdiction
885	outside the state.
886	4.  Is eligible for such a sealing to the best of his or
887	her knowledge or belief and does not have any other petition to
888	seal or any petition to expunge pending before any court.
889
890	Any person who knowingly provides false information on such
891	sworn statement to the court commits a felony of the third
892	degree, punishable as provided in s. 775.082, s. 775.083, or s.
893	775.084.
894	(2)  CERTIFICATE OF ELIGIBILITY FOR SEALING.--Prior to
895	petitioning the court to seal a criminal history record, a
896	person seeking to seal a criminal history record shall apply to
897	the department for a certificate of eligibility for sealing. The
898	department shall, by rule adopted pursuant to chapter 120,
899	establish procedures pertaining to the application for and
900	issuance of certificates of eligibility for sealing. A
901	certificate of eligibility for sealing is valid for 12 months
902	after the date stamped on the certificate when issued by the
903	department. After that time, the petitioner must reapply to the
904	department for a new certificate of eligibility. Eligibility for
905	a renewed certification of eligibility must be based on the
906	status of the applicant and the law in effect at the time of the
907	renewal application. The department shall issue a certificate of
908	eligibility for sealing to a person who is the subject of a
909	criminal history record provided that such person:
910	(a)  Has submitted to the department a certified copy of
911	the disposition of the charge to which the petition to seal
912	pertains.
913	(b)  Remits a $75 processing fee to the department for
914	placement in the Department of Law Enforcement Operating Trust
915	Fund, unless such fee is waived by the executive director.
916	(c)  Has never, prior to the date on which the application
917	for a certificate of eligibility is filed, been adjudicated
918	guilty of a criminal offense or comparable ordinance violation,
919	or been adjudicated delinquent for committing any a felony or a
920	misdemeanor specified in s. 943.051(3)(b).
921	(d)  Has not been adjudicated guilty of or adjudicated
922	delinquent for committing any of the acts stemming from the
923	arrest or alleged criminal activity to which the petition to
924	seal pertains.
925	(e)  Has never secured a prior sealing or expunction of a
926	criminal history record under this section, former s. 893.14,
927	former s. 901.33, or former s. 943.058.
928	(f)  Is no longer under court supervision applicable to the
929	disposition of the arrest or alleged criminal activity to which
930	the petition to seal pertains.
931	(3)  PROCESSING OF A PETITION OR ORDER TO SEAL.--
932	(a)  In judicial proceedings under this section, a copy of
933	the completed petition to seal shall be served upon the
934	appropriate state attorney or the statewide prosecutor and upon
935	the arresting agency; however, it is not necessary to make any
936	agency other than the state a party. The appropriate state
937	attorney or the statewide prosecutor and the arresting agency
938	may respond to the court regarding the completed petition to
939	seal.
940	(b)  If relief is granted by the court, the clerk of the
941	court shall certify copies of the order to the appropriate state
942	attorney or the statewide prosecutor and to the arresting
943	agency. The arresting agency is responsible for forwarding the
944	order to any other agency to which the arresting agency
945	disseminated the criminal history record information to which
946	the order pertains. The department shall forward the order to
947	seal to the Federal Bureau of Investigation. The clerk of the
948	court shall certify a copy of the order to any other agency
949	which the records of the court reflect has received the criminal
950	history record from the court.
951	(c)  For an order to seal entered by a court prior to July
952	1, 1992, the department shall notify the appropriate state
953	attorney or statewide prosecutor of any order to seal which is
954	contrary to law because the person who is the subject of the
955	record has previously been convicted of a crime or comparable
956	ordinance violation or has had a prior criminal history record
957	sealed or expunged. Upon receipt of such notice, the appropriate
958	state attorney or statewide prosecutor shall take action, within
959	60 days, to correct the record and petition the court to void
960	the order to seal. The department shall seal the record until
961	such time as the order is voided by the court.
962	(d)  On or after July 1, 1992, the department or any other
963	criminal justice agency is not required to act on an order to
964	seal entered by a court when such order does not comply with the
965	requirements of this section. Upon receipt of such an order, the
966	department must notify the issuing court, the appropriate state
967	attorney or statewide prosecutor, the petitioner or the
968	petitioner's attorney, and the arresting agency of the reason
969	for noncompliance. The appropriate state attorney or statewide
970	prosecutor shall take action within 60 days to correct the
971	record and petition the court to void the order. No cause of
972	action, including contempt of court, shall arise against any
973	criminal justice agency for failure to comply with an order to
974	seal when the petitioner for such order failed to obtain the
975	certificate of eligibility as required by this section or when
976	such order does not comply with the requirements of this
977	section.
978	(e)  An order sealing a criminal history record pursuant to
979	this section does not require that such record be surrendered to
980	the court, and such record shall continue to be maintained by
981	the department and other criminal justice agencies.
982	(4)  EFFECT OF CRIMINAL HISTORY RECORD SEALING.--A criminal
983	history record of a minor or an adult which is ordered sealed by
984	a court of competent jurisdiction pursuant to this section is
985	confidential and exempt from the provisions of s. 119.07(1) and
986	s. 24(a), Art. I of the State Constitution and is available only
987	to the person who is the subject of the record, to the subject's
988	attorney, to criminal justice agencies for their respective
989	criminal justice purposes, which include conducting a criminal
990	history background check for approval of firearms purchases or
991	transfers as authorized by state or federal law, or to those
992	entities set forth in subparagraphs (a)1., 4., 5., and 6., and
993	8. for their respective licensing, access authorization, and
994	employment purposes.
995	(a)  The subject of a criminal history record sealed under
996	this section or under other provisions of law, including former
997	s. 893.14, former s. 901.33, and former s. 943.058, may lawfully
998	deny or fail to acknowledge the arrests covered by the sealed
999	record, except when the subject of the record:
1000	1.  Is a candidate for employment with a criminal justice
1001	agency;
1002	2.  Is a defendant in a criminal prosecution;
1003	3.  Concurrently or subsequently petitions for relief under
1004	this section or s. 943.0585;
1005	4.  Is a candidate for admission to The Florida Bar;
1006	5.  Is seeking to be employed or licensed by or to contract
1007	with the Department of Children and Family Services or the
1008	Department of Juvenile Justice or to be employed or used by such
1009	contractor or licensee in a sensitive position having direct
1010	contact with children, the developmentally disabled, the aged,
1011	or the elderly as provided in s. 110.1127(3), s. 393.063, s.
1012	394.4572(1), s. 397.451, s. 402.302(3), s. 402.313(3), s.
1013	409.175(2)(i), s. 415.102(4), s. 415.103, s. 916.106(10) and
1014	(13), s. 985.407, or chapter 400; or
1015	6.  Is seeking to be employed or licensed by the Department
1016	of Education, any district school board, any university
1017	laboratory school, any charter school, any private or parochial
1018	school, or any local governmental entity that licenses child
1019	care facilities;.
1020	7.  Is attempting to purchase a firearm from a licensed
1021	importer, licensed manufacturer, or licensed dealer and is
1022	subject to a criminal history background check under state or
1023	federal law; or
1024	8.  Is seeking authorization from a Florida seaport
1025	identified in s. 311.09 for employment within or access to one
1026	or more of such seaports pursuant to s. 311.12 or s. 311.125.
1027	(b)  Subject to the exceptions in paragraph (a), a person
1028	who has been granted a sealing under this section, former s.
1029	893.14, former s. 901.33, or former s. 943.058 may not be held
1030	under any provision of law of this state to commit perjury or to
1031	be otherwise liable for giving a false statement by reason of
1032	such person's failure to recite or acknowledge a sealed criminal
1033	history record.
1034	(c)  Information relating to the existence of a sealed
1035	criminal record provided in accordance with the provisions of
1036	paragraph (a) is confidential and exempt from the provisions of
1037	s. 119.07(1) and s. 24(a), Art. I of the State Constitution,
1038	except that the department shall disclose the sealed criminal
1039	history record to the entities set forth in subparagraphs (a)1.,
1040	4., 5., and 6., and 8. for their respective licensing, access
1041	authorization, and employment purposes. It is unlawful for any
1042	employee of an entity set forth in subparagraph (a)1.,
1043	subparagraph (a)4., subparagraph (a)5., or subparagraph (a)6.,
1044	or subparagraph (a)8. to disclose information relating to the
1045	existence of a sealed criminal history record of a person
1046	seeking employment, access authorization, or licensure with such
1047	entity or contractor, except to the person to whom the criminal
1048	history record relates or to persons having direct
1049	responsibility for employment, access authorization, or
1050	licensure decisions. Any person who violates the provisions of
1051	this paragraph commits a misdemeanor of the first degree,
1052	punishable as provided in s. 775.082 or s. 775.083.
1053	(5)  STATUTORY REFERENCES.--Any reference to any other
1054	chapter, section, or subdivision of the Florida Statutes in this
1055	section constitutes a general reference under the doctrine of
1056	incorporation by reference.
1057	Section 12.  Subsection (5) of section 943.13, Florida
1058	Statutes, is amended to read:
1059	943.13  Officers' minimum qualifications for employment or
1060	appointment.--On or after October 1, 1984, any person employed
1061	or appointed as a full-time, part-time, or auxiliary law
1062	enforcement officer or correctional officer; on or after October
1063	1, 1986, any person employed as a full-time, part-time, or
1064	auxiliary correctional probation officer; and on or after
1065	October 1, 1986, any person employed as a full-time, part-time,
1066	or auxiliary correctional officer by a private entity under
1067	contract to the Department of Corrections, to a county
1068	commission, or to the Department of Management Services shall:
1069	(5)  Have documentation of his or her processed
1070	fingerprints on file with the employing agency or, if a private
1071	correctional officer, have documentation of his or her processed
1072	fingerprints on file with the Department of Corrections or the
1073	Criminal Justice Standards and Training Commission. If
1074	administrative delays are caused by the department or the
1075	Federal Bureau of Investigation and the person has complied with
1076	subsections (1)-(4) and (6)-(9), he or she may be employed or
1077	appointed for a period not to exceed 1 calendar year from the
1078	date he or she was employed or appointed or until return of the
1079	processed fingerprints documenting noncompliance with
1080	subsections (1)-(4) or subsection (7), whichever occurs first.
1081	Beginning January 15, 2007, the department shall retain and
1082	enter into the statewide automated fingerprint identification
1083	system authorized by s. 943.05 all fingerprints submitted to the
1084	department as required by this section. Thereafter, the
1085	fingerprints shall be available for all purposes and uses
1086	authorized for arrest fingerprint cards entered in the statewide
1087	automated fingerprint identification system pursuant to s.
1088	943.051. The department shall search all arrest fingerprint
1089	cards received pursuant to s. 943.051 against the fingerprints
1090	retained in the statewide automated fingerprint identification
1091	system pursuant to this section and report to the employing
1092	agency any arrest records that are identified with the retained
1093	employee's fingerprints. By January 1, 2008, a person who must
1094	meet minimum qualifications as provided in this section and
1095	whose fingerprints are not retained by the department pursuant
1096	to this section must be refingerprinted. These fingerprints must
1097	be forwarded to the department for processing and retention.
1098	Section 13.  Section 943.1715, Florida Statutes, is amended
1099	to read:
1100	943.1715  Basic skills training relating to diverse
1101	populations.--The commission shall establish and maintain
1102	standards for instruction of officers in the subject of
1103	interpersonal skills relating to diverse populations, with an
1104	emphasis on the awareness of cultural differences. Every basic
1105	skills course required in order for officers to obtain initial
1106	certification must include a minimum of 8 hours training in
1107	interpersonal skills with diverse populations.
1108	Section 14.  Section 943.1716, Florida Statutes, is amended
1109	to read:
1110	943.1716  Continued employment training relating to diverse
1111	populations.--The commission shall by rule require that each
1112	officer receive, as part of the 40 hours of required instruction
1113	for continued employment or appointment as an officer, 8 hours
1114	of instruction in the subject of interpersonal skills relating
1115	to diverse populations, with an emphasis on the awareness of
1116	cultural differences.
1117	Section 15.  Section 943.2569, Florida Statutes, is
1118	repealed.
1119	Section 16.  Section 943.257, Florida Statutes, is amended
1120	to read:
1121	943.257  Independent audit documentation subject to
1122	inspection.--The Criminal Justice Standards and Training
1123	Commission or a center's advisory board may inspect and copy any
1124	documents from the center as required to carry out the
1125	commission's or the respective board's oversight
1126	responsibilities, including information and documents related to
1127	applicant evaluations and center expenditures. In addition, the
1128	commission or board may inspect and copy the documentation of
1129	any internal or independent audits conducted by or on behalf of
1130	the centers to ensure that candidate and inservice officer
1131	assessments have been made and that expenditures are in
1132	conformance with the requirements of this act and with other
1133	applicable procedures.
1134	Section 17.  Subsections (1) and (3) of section 943.401,
1135	Florida Statutes, are amended to read:
1136	943.401  Public assistance fraud.--
1137	(1)(a)  The Department of Law Enforcement shall investigate
1138	all public assistance provided to residents of the state or
1139	provided to others by the state made under the provisions of
1140	chapter 409 or chapter 414. In the course of such investigation
1141	the Department of Law Enforcement shall examine all records,
1142	including electronic benefits transfer records and make inquiry
1143	of all persons who may have knowledge as to any irregularity
1144	incidental to the disbursement of public moneys, food stamps, or
1145	other items or benefits authorizations to recipients.
1146	(b)  All public assistance recipients, as a condition
1147	precedent to qualification for public assistance received and as
1148	defined under the provisions of chapter 409, chapter 411, or
1149	chapter 414, shall first give in writing, to the Agency for
1150	Health Care Administration, the Department of Health, the Agency
1151	for Workforce Innovation, and the Department of Children and
1152	Family Services, as appropriate, and to the Department of Law
1153	Enforcement, consent to make inquiry of past or present
1154	employers and records, financial or otherwise.
1155	(3)  The results of such investigation shall be reported by
1156	the Department of Law Enforcement to the appropriate legislative
1157	committees, the Agency for Health Care Administration, the
1158	Department of Health, the Agency for Workforce Innovation, and
1159	the Department of Children and Family Services, and to such
1160	others as the Department of Law Enforcement may determine.
1161	Section 18.  Authority to purchase goodwill and promotional
1162	materials.--
1163	(1)  The Legislature recognizes that the Department of Law
1164	Enforcement functions as one of the state's primary law
1165	enforcement representatives in national and international
1166	meetings, conferences, and cooperative efforts. The department
1167	often hosts delegates from other federal, state, local, and
1168	international agencies and is in a position to function as a
1169	representative of the state fostering goodwill and effective
1170	interagency working relationships. It is the intent of the
1171	Legislature that the department be allowed, consistent with the
1172	dignity and integrity of the state, to purchase and distribute
1173	material and items of collection to those with whom the
1174	department has contact in meetings, conferences, and cooperative
1175	efforts.
1176	(2)  In addition to expenditures separately authorized by
1177	law, the department may expend not more than $5,000 annually to
1178	purchase and distribute promotional materials or items that
1179	serve to advance with dignity and integrity the goodwill of this
1180	state and the department and to provide basic refreshments at
1181	official functions, seminars, or meetings of the department in
1182	which dignitaries or representatives from the Federal
1183	Government, other states or nationalities, or other agencies are
1184	in attendance.
1185	Section 19.  Unauthorized use of Department of Law
1186	Enforcement emblems or names prohibited.--
1187	(1)  Whoever, except with the written permission of the
1188	executive director of the Department of Law Enforcement or as
1189	otherwise expressly authorized by the department, knowingly uses
1190	the words "Florida Department of Law Enforcement," the initials
1191	"F.D.L.E." or "FDLE," or the words "Florida Capitol Police," or
1192	any colorable imitation of such words or initials, or who uses a
1193	logo or emblem used by the department in connection with any
1194	advertisement, circular, book, pamphlet, or other publication,
1195	play, motion picture, broadcast, telecast, or other production,
1196	in any Internet web page or upon any product in a manner
1197	reasonably calculated to convey the impression that such
1198	advertisement, circular, book, pamphlet, or other publication,
1199	play, motion picture, broadcast, telecast, or other production,
1200	Internet web page, or product is approved, endorsed, or
1201	authorized by the Department of Law Enforcement commits a
1202	misdemeanor of the first degree, punishable as provided in s.
1203	775.082 or s. 775.083, Florida Statutes.
1204	(2)  A violation of this section may be enjoined upon suit
1205	by the department or the Department of Legal Affairs upon
1206	complaint filed in any court of competent jurisdiction.
1207	Section 20.  Subsection (9) of section 932.7055, Florida
1208	Statutes, is amended to read:
1209	932.7055  Disposition of liens and forfeited property.--
1210	(9)(a)  Every law enforcement agency shall submit
1211	semiannual reports to the Department of Law Enforcement
1212	indicating whether the agency has seized or forfeited property
1213	under the Florida Contraband Forfeiture Act. Any law enforcement
1214	agency receiving or expending forfeited property or proceeds
1215	from the sale of forfeited property in accordance with the
1216	Florida Contraband Forfeiture Act shall submit completed
1217	semiannual reports, by April 10, and October 10, documenting the
1218	receipts and expenditures, on forms promulgated by the
1219	Department of Law Enforcement, to the entity which has budgetary
1220	authority over such agency and to the Department of Law
1221	Enforcement. The semiannual report shall specify the type,
1222	approximate value, any court case number, type of offense,
1223	disposition of the property received, and the amount of any
1224	proceeds received or expended.
1225	(b)  The Department of Law Enforcement shall submit an
1226	annual report to the criminal justice committees of the House of
1227	Representatives and of the Senate compiling the information and
1228	data related in the semiannual reports submitted by the law
1229	enforcement agencies. The annual report shall also contain a
1230	list of law enforcement agencies which have failed to meet the
1231	reporting requirements and a summary of any action which has
1232	been taken against the noncomplying agency by the Office of the
1233	Chief Financial Officer.
1234	(c)  Neither the law enforcement agency nor the entity
1235	having budgetary control over the law enforcement agency shall
1236	anticipate future forfeitures or proceeds therefrom in the
1237	adoption and approval of the budget for the law enforcement
1238	agency.
1239	Section 21.  Section 932.707, Florida Statutes, is
1240	repealed.
1241	Section 22.  Except as otherwise expressly provided in this
1242	act, this act shall take effect July 1, 2006.

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