HB 151

1	A bill to be entitled
2	An act relating to law enforcement; amending s. 790.065,
3	F.S.; requiring the Department of Law Enforcement to
4	review any records available to evaluate a potential buyer
5	or transferee of a firearm, including an adjudication of
6	mental defectiveness or a commitment to a mental
7	institution as criteria that prohibit a person from
8	purchasing a firearm; providing definitions; requiring the
9	department to maintain an automated database of persons
10	who are prohibited from purchasing a firearm; requiring
11	each clerk of court to submit certain court records to the
12	department within a certain period; requiring the
13	department to delete certain records from the automated
14	database upon the request of an individual meeting
15	specified conditions; authorizing the department to
16	disclose collected data to other federal or state agencies
17	with regard to the sale or transfer of a firearm;
18	authorizing the department to disclose certain information
19	to the Department of Agriculture and Consumer Services for
20	determining the eligibility of an applicant for a
21	concealed weapons or concealed firearms license; requiring
22	the clerk of court or mental hospital to provide
23	additional information upon request following an appeal of
24	an unapproved sale or transfer of a firearm; amending s.
25	914.25, F.S.; providing for recertification for protective
26	services for an additional period, with reimbursement for
27	expenses from the Victim and Witness Protection Review
28	Committee; providing for unlimited protective services for
29	a victim or witness without reimbursement; amending s.
30	937.021, F.S.; providing immunity to the Department of Law
31	Enforcement, other law enforcement agencies, media
32	representatives, and dealers of communications services
33	from civil liability for complying in good faith with a
34	request to record or report information of an Amber Alert
35	or Missing Child Alert; providing that a technical or
36	clerical error or incorrect or incomplete information does
37	not overcome the presumption of good faith in reporting
38	information about an Amber Alert or Missing Child Alert;
39	providing that it is a discretionary decision to report,
40	record, or display Amber Alert or Missing Child Alert
41	information received from the local law enforcement agency
42	having jurisdiction; amending s. 938.07, F.S.; requiring
43	that a portion of certain court costs imposed for a
44	conviction of driving or boating under the influence be
45	deposited into the Operating Trust Fund of the Department
46	of Law Enforcement instead of the Criminal Justice
47	Standards and Training Trust Fund; amending s. 938.27,
48	F.S.; requiring that investigative costs recovered on
49	behalf of the Department of Law Enforcement be deposited
50	into the department's Forfeiture and Investigative Trust
51	Fund; amending s. 943.052, F.S.; requiring that
52	disposition reports for dispositions relating to minor
53	offenders are mandatory after a specified date; amending
54	s. 68.07, F.S.; requiring a set of fingerprints as part of
55	a name change petition; amending s. 943.05, F.S.;
56	authorizing the Department of Law Enforcement to retain
57	fingerprints in certain circumstances and use retained
58	fingerprints for certain purposes; providing for an annual
59	fee; providing for waiver of the fee for good cause shown;
60	providing for free services for certain purposes; amending
61	s. 943.053, F.S.; requiring the department to make certain
62	information available to judges; limiting use of
63	information; authorizing a criminal justice agency to
64	obtain a criminal history background check of a
65	noncertified agency employee by submitting fingerprints to
66	the department; requiring that the criminal history check
67	be provided by the department in certain circumstances;
68	amending s. 943.0585, F.S.; prohibiting a court from
69	expunging a criminal history record containing certain
70	sexual offenses or certain offenses that require
71	registration as a sexual offender; requiring a valid
72	certificate of eligibility for expunction in a petition to
73	expunge a criminal history record; specifying the time
74	during which a certificate of eligibility for expunction
75	is valid; requiring that a trial may not have occurred in
76	order for a person to obtain a statement from the state
77	attorney authorizing the expunction of a criminal record;
78	authorizing a person who has secured a prior sealing of a
79	criminal history record to seek a certificate of
80	eligibility for expunction if the criminal history record
81	was previously sealed for a certain number of years and is
82	otherwise eligible for expunction; providing that a person
83	who is seeking authorization for employment within or
84	access to a seaport may not deny or fail to acknowledge
85	arrests covered by expunged records; providing that the
86	department may acknowledge expunged criminal history
87	records under certain circumstances; prohibiting seaport
88	employees from disclosing expunged criminal history record
89	information except to certain persons; providing
90	penalties; amending s. 943.059, F.S.; enumerating certain
91	sexual offenses and offenses that require registration as
92	a sexual offender which may not be sealed; requiring a
93	valid certificate of eligibility for sealing in a petition
94	to seal a criminal history record; specifying the period
95	during which a certificate of eligibility for sealing is
96	valid; providing that the information contained in a
97	sealed criminal record is available to a criminal justice
98	agency for the purpose of conducting a criminal history
99	background check for approval of a firearms purchase or
100	transfer; prohibiting a person from denying arrests
101	covered by his or her sealed criminal record when
102	attempting to purchase a firearm; providing that a person
103	who is seeking authorization for employment within or
104	access to a seaport may not deny or fail to acknowledge
105	arrests covered by sealed records; providing that the
106	department may acknowledge sealed criminal history records
107	under certain circumstances; prohibiting seaport employees
108	from disclosing sealed criminal history record information
109	except to certain persons; providing penalties; amending
110	s. 943.13, F.S.; requiring the department to enter law
111	enforcement, correctional, and correctional probation
112	officers' fingerprints into a statewide automated
113	fingerprint identification system; requiring the
114	department to search each arrest fingerprint card received
115	against fingerprints retained in the statewide automated
116	fingerprint identification system; providing for
117	refingerprinting by a certain date; amending ss. 943.1715
118	and 943.1716, F.S.; deleting the minimum number of hours
119	required for basic skills training and continued
120	employment training relating to diverse populations for
121	law enforcement, correctional, and correctional probation
122	officers; repealing s. 943.2569, F.S., relating to an
123	annual financial audit of criminal justice selection
124	centers; amending s. 943.257, F.S.; authorizing the
125	Criminal Justice Standards and Training Commission and the
126	advisory board of a criminal justice selection center to
127	inspect and copy any documents from a center in order to
128	carry out oversight responsibilities, including documents
129	pertaining to any internal or independent audits; amending
130	s. 943.401, F.S.; requiring the department to investigate
131	all public assistance that is provided by the state;
132	requiring public assistance recipients to consent in
133	writing to an investigation into their employment and
134	financial histories by the Agency for Workforce
135	Innovation; requiring the department to report the results
136	of the investigations to the Agency for Workforce
137	Innovation; authorizing the department to purchase
138	goodwill and promotional materials; limiting the annual
139	amount of such expenditures; prohibiting the unauthorized
140	use of the department's emblems and names; providing a
141	penalty; amending s. 932.7055, F.S.; deleting certain
142	reporting requirements; repealing s. 932.707, F.S.,
143	relating to penalty for noncompliance with reporting
144	requirements; providing effective dates.
145
146	Be It Enacted by the Legislature of the State of Florida:
147
148	Section 1.  Effective February 1, 2007, paragraph (a) of
149	subsection (2) of section 790.065, Florida Statutes, is amended
150	to read:
151	790.065  Sale and delivery of firearms.--
152	(2)  Upon receipt of a request for a criminal history
153	record check, the Department of Law Enforcement shall, during
154	the licensee's call or by return call, forthwith:
155	(a)  Review any records available criminal history records
156	to determine if the potential buyer or transferee:
157	1.  Has been convicted of a felony and is prohibited from
158	receipt or possession of a firearm pursuant to s. 790.23;
159	2.  Has been convicted of a misdemeanor crime of domestic
160	violence, and therefore is prohibited from purchasing a firearm;
161	or
162	3.  Has had adjudication of guilt withheld or imposition of
163	sentence suspended on any felony or misdemeanor crime of
164	domestic violence unless 3 years have elapsed since probation or
165	any other conditions set by the court have been fulfilled or
166	expunction has occurred; or.
167	4.  Has been adjudicated mentally defective or has been
168	committed to a mental institution by a court and as a result is
169	prohibited by federal law from purchasing a firearm.
170	a.  As used in this subparagraph, "adjudicated mentally
171	defective" means a determination by a court that a person, as a
172	result of marked subnormal intelligence, or mental illness,
173	incompetency, condition, or disease, is a danger to himself or
174	herself or to others or lacks the mental capacity to contract or
175	manage his or her own affairs. The phrase shall include a
176	judicial finding of incapacity under s. 744.331(6)(a), an
177	acquittal by reason of insanity of a person charged with a
178	criminal offense, and a judicial finding that a criminal
179	defendant is not competent to stand trial.
180	b.  As used in this subparagraph, "committed to a mental
181	institution" means involuntary commitment, commitment for mental
182	defectiveness or mental illness, and commitment for substance
183	abuse. The phrase shall include involuntary inpatient placement
184	as defined in s. 394.467, involuntary assessment and
185	stabilization under s. 397.6818, and involuntary substance abuse
186	treatment under s. 397.6957, but shall not include a person in a
187	mental institution for observation or discharged from a mental
188	institution based upon the initial review by the physician or a
189	voluntary admission to a mental institution.
190	c.  In order to check for these conditions, the department
191	shall compile and maintain an automated database of persons who
192	are prohibited from purchasing a firearm based on court records
193	of adjudications of mental defectiveness or commitments to
194	mental institutions. Clerks of court are required to submit
195	these records to the department within 1 month after the
196	rendition of the adjudication or commitment. Reports may be
197	submitted in an automated format. The reports must, at a
198	minimum, include the name, along with any known alias or former
199	name, the sex, and the date of birth of the subject. The
200	department shall delete any mental health record from the
201	database upon request of an individual when 5 years have elapsed
202	since the individual's restoration to capacity by court order
203	after being adjudicated an incapacitated person under s.
204	744.331, or similar laws of any other state; or, in the case of
205	an individual who was previously committed to a mental
206	institution under chapter 394, or similar laws of any other
207	state, when the individual produces a certificate from a
208	licensed psychiatrist that he or she has not suffered from
209	disability for at least 5 years prior to the date of request for
210	removal of the record. Where the department has received a
211	subsequent record of an adjudication of mental defectiveness or
212	commitment to a mental institution for such individual, the 5-
213	year timeframe shall be calculated from the most recent
214	adjudication of incapacitation or commitment.
215	d.  The department is authorized to disclose the collected
216	data to agencies of the Federal Government and other states for
217	use exclusively in determining the lawfulness of a firearm sale
218	or transfer. The department is also authorized to disclose any
219	applicable collected data to the Department of Agriculture and
220	Consumer Services for determination of eligibility for issuance
221	of a concealed weapons or concealed firearms license upon
222	receipt of an applicant fingerprint submission forwarded
223	pursuant to s. 790.06(6)(a). When a potential buyer or
224	transferee appeals a nonapproval based on these records, the
225	clerks of court and mental institutions shall, upon request by
226	the department, provide information to help determine whether
227	the potential buyer or transferee is the same person as the
228	subject of the record. Photographs and any other data that could
229	confirm or negate identity must be made available to the
230	department for such purposes, notwithstanding any other
231	provision of state law to the contrary. Any such information
232	that is made confidential or exempt from disclosure by law shall
233	retain such confidential or exempt status when transferred to
234	the department.
235	Section 2.  Subsections (4) and (5) of section 914.25,
236	Florida Statutes, are amended to read:
237	914.25  Protective services for certain victims and
238	witnesses.--
239	(4)(a)  When a victim or witness is certified as provided
240	in subsection (3), a law enforcement agency, in consultation
241	with the certifying state attorney or the statewide prosecutor,
242	may provide appropriate protective services. If a victim or
243	witness needs to be temporarily relocated, the statewide
244	prosecutor or the state attorney must notify the Department of
245	Law Enforcement. The Department of Law Enforcement, in
246	consultation with the statewide prosecutor or the state
247	attorney, and any other law enforcement agency involved in the
248	criminal investigation or prosecution, shall coordinate the
249	temporary relocation of the victim or witness.
250	(b)  Protective services, including temporary relocation
251	services, may initially be provided for up to 1 year or until
252	the risk giving rise to the certification has diminished,
253	whichever occurs sooner. If deemed necessary, The statewide
254	prosecutor or the state attorney may, at the end of the
255	certification year, recertify a victim or witness at risk of
256	harm for an additional period of up to 1 year or until the risk
257	giving rise to the certification has diminished, whichever
258	occurs first. A victim or witness at risk of harm may be
259	certified and recertified annually as provided in this section
260	to provide a maximum of 4 years of eligibility for protective
261	services.
262	(5)  The lead law enforcement agency that provides
263	protective services, as authorized in this section, may seek
264	reimbursement for its reasonable expenses from the Victim and
265	Witness Protection Review Committee, pursuant to the provisions
266	of s. 943.031. This section does not prevent any law enforcement
267	agency from providing protective services at the agency's
268	expense beyond the 4-year maximum period established in this
269	section. Any such additional expenditures for protective
270	services are not eligible for the reimbursement provided in this
271	section.
272	Section 3.  Subsection (3) is added to section 937.021,
273	Florida Statutes, to read:
274	937.021  Missing child reports.--
275	(3)(a)  Upon receiving a request to record, report,
276	transmit, display, or release Amber Alert or Missing Child Alert
277	information from the law enforcement agency having jurisdiction
278	over the missing or endangered child, the Department of Law
279	Enforcement as the state Amber Alert coordinator; any state or
280	local law enforcement agency and the personnel of these
281	agencies; any radio or television network, broadcaster, or other
282	media representative; any dealer of communications services as
283	defined in s. 202.11; or any agency, employee, individual, or
284	entity is immune from civil liability for damages for complying
285	in good faith with the request and is presumed to have acted in
286	good faith in recording, reporting, transmitting, displaying, or
287	releasing Amber Alert or Missing Child Alert information
288	pertaining to such child.
289	(b)  The presumption of good faith is not overcome if a
290	technical or clerical error is made by any such agency,
291	employee, individual, or entity acting at the request of the
292	local law enforcement agency having jurisdiction or if the Amber
293	Alert or Missing Child Alert information is incomplete or
294	incorrect because the information received from the local law
295	enforcement agency was incomplete or incorrect.
296	(c)  Neither this subsection nor any other provision of law
297	creates a duty of the agency, employee, individual, or entity to
298	record, report, transmit, display, or release the Amber Alert or
299	Missing Child Alert information received from the local law
300	enforcement agency having jurisdiction. The decision to record,
301	report, transmit, display, or release information is
302	discretionary with the agency, employee, individual, or entity
303	receiving that information from the local law enforcement agency
304	having jurisdiction.
305	Section 4.  Section 938.07, Florida Statutes, is amended to
306	read:
307	938.07  Driving or boating under the
308	influence.--Notwithstanding any other provision of s. 316.193 or
309	s. 327.35, a court cost of $135 shall be added to any fine
310	imposed pursuant to s. 316.193 or s. 327.35. The clerks shall
311	remit the funds to the Department of Revenue, $25 of which shall
312	be deposited in the Emergency Medical Services Trust Fund, $50
313	shall be deposited in the Operating Criminal Justice Standards
314	and Training Trust Fund of the Department of Law Enforcement to
315	be used for operational expenses in conducting the statewide
316	criminal analysis laboratory system established in s. 943.32,
317	and $60 shall be deposited in the Brain and Spinal Cord Injury
318	Rehabilitation Trust Fund created in s. 381.79.
319	Section 5.  Subsection (7) of section 938.27, Florida
320	Statutes, is amended to read:
321	938.27  Judgment for costs on conviction.--
322	(7)  Investigative costs that which are recovered shall be
323	returned to the appropriate investigative agency that which
324	incurred the expense. Such costs shall include actual expenses
325	incurred in conducting the investigation and prosecution of the
326	criminal case; however, costs may also include the salaries of
327	permanent employees. Any investigative costs recovered on behalf
328	of a state agency must be remitted to the Department of Revenue
329	for deposit in the agency operating trust fund, and a report of
330	the payment must be sent to the agency, except that any
331	investigative costs recovered on behalf of the Department of Law
332	Enforcement shall be deposited in the department's Forfeiture
333	and Investigative Support Trust Fund under s. 943.362.
334	Section 6.  Subsection (2) of section 943.052, Florida
335	Statutes, is amended to read:
336	943.052  Disposition reporting.--The Criminal Justice
337	Information Program shall, by rule, establish procedures and a
338	format for each criminal justice agency to monitor its records
339	and submit reports, as provided by this section, to the program.
340	The disposition report shall be developed by the program and
341	shall include the offender-based transaction system number.
342	(2)  Each clerk of the court shall submit the uniform
343	dispositions to the program or in a manner acceptable to the
344	program. The report shall be submitted at least once a month
345	and, when acceptable by the program, may be submitted in an
346	automated format. The disposition report is mandatory for
347	dispositions relating to adult offenders only. Beginning July 1,
348	2008, a disposition report for each disposition relating to a
349	minor offender is mandatory.
350	Section 7.  Subsections (2) and (5) of section 68.07,
351	Florida Statutes, are amended to read:
352	68.07  Change of name.--
353	(2)  The petition shall include a set copy of the
354	petitioner's fingerprints taken by a law enforcement agency
355	except where a former name is being restored and be verified and
356	show:
357	(a)  That petitioner is a bona fide resident of and
358	domiciled in the county where the change of name is sought.
359	(b)  If known, the date and place of birth of petitioner,
360	petitioner's father's name, mother's maiden name, and where
361	petitioner has resided since birth.
362	(c)  If petitioner is married, the name of petitioner's
363	spouse and if petitioner has children, the names and ages of
364	each and where they reside.
365	(d)  If petitioner's name has previously been changed and
366	when and where and by what court.
367	(e)  Petitioner's occupation and where petitioner is
368	employed and has been employed for 5 years next preceding filing
369	of the petition. If petitioner owns and operates a business, the
370	name and place of it shall be stated and petitioner's connection
371	therewith and how long petitioner has been identified with said
372	business. If petitioner is in a profession, the profession shall
373	be stated, where the petitioner has practiced the profession and
374	if a graduate of a school or schools, the name or names thereof,
375	time of graduation, and degrees received.
376	(f)  Whether the petitioner has been generally known or
377	called by any other names and if so, by what names and where.
378	(g)  Whether petitioner has ever been adjudicated a
379	bankrupt and if so, where and when.
380	(h)  Whether petitioner has ever been arrested for or
381	charged with, pled guilty or nolo contendere to, or been found
382	to have committed a criminal offense, regardless of
383	adjudication, and if so, when and where.
384	(i)  Whether any money judgment has ever been entered
385	against petitioner and if so, the name of the judgment creditor,
386	the amount and date thereof, the court by which entered, and
387	whether the judgment has been satisfied.
388	(j)  That the petition is filed for no ulterior or illegal
389	purpose and granting it will not in any manner invade the
390	property rights of others, whether partnership, patent, good
391	will, privacy, trademark, or otherwise.
392	(k)  That the petitioner's civil rights have never been
393	suspended, or if the petitioner's civil rights have been
394	suspended, that full restoration of civil rights has occurred.
395	(5)  The clerk must, upon the filing of the final judgment,
396	send a report of the judgment to the Department of Law
397	Enforcement on a form to be furnished by that department. The
398	Department of Law Enforcement must send a copy of the report to
399	the Department of Highway Safety and Motor Vehicles, which may
400	be delivered by electronic transmission. The report must contain
401	sufficient information to identify the petitioner, including a
402	set copy of the petitioner's fingerprints taken by a law
403	enforcement agency, the new name of the petitioner, and the file
404	number of the judgment. Any information retained by the
405	Department of Law Enforcement and the Department of Highway
406	Safety and Motor Vehicles may be revised or supplemented by said
407	departments to reflect changes made by the final judgment. With
408	respect to a person convicted of a felony in another state or of
409	a federal offense, the Department of Law Enforcement must send
410	the report to the respective state's office of law enforcement
411	records or to the office of the Federal Bureau of Investigation.
412	The Department of Law Enforcement may forward the report to any
413	other law enforcement agency it believes may retain information
414	related to the petitioner. Any costs associated with
415	fingerprinting must be paid by the petitioner.
416	Section 8.  Paragraphs (g) and (h) are added to subsection
417	(2) of section 943.05, Florida Statutes, to read:
418	943.05  Criminal Justice Information Program; duties; crime
419	reports.--
420	(2)  The program shall:
421	(g)  As authorized by law, retain fingerprints submitted by
422	criminal and noncriminal justice agencies to the department for
423	a criminal history background screening in a manner provided by
424	rule and enter the fingerprints in the statewide automated
425	fingerprint identification system authorized by paragraph (b).
426	Such fingerprints shall thereafter be available for all purposes
427	and uses authorized for arrest fingerprint cards entered into
428	the statewide automated fingerprint identification system
429	pursuant to s. 943.051.
430	(h)1.  As authorized by law, search all arrest fingerprint
431	cards received under s. 943.051 against the fingerprints
432	retained in the statewide automated fingerprint identification
433	system under paragraph (g). Any arrest record that is identified
434	with the retained fingerprints of a person subject to background
435	screening as provided in paragraph (g) shall be reported to the
436	appropriate agency.
437	2.  Agencies may participate in this search process by
438	payment of an annual fee to the department and by informing the
439	department of any change in the affiliation, employment, or
440	contractual status or place of affiliation, employment, or
441	contracting of the persons whose fingerprints are retained under
442	paragraph (g). The department shall adopt a rule setting the
443	amount of the annual fee to be imposed upon each participating
444	agency for performing these searches and establishing the
445	procedures for the retention of fingerprints and the
446	dissemination of search results. The fee may be borne as
447	provided by law. Fees may be waived or reduced by the executive
448	director for good cause shown. Consistent with the recognition
449	of criminal justice agencies expressed in s. 943.053(3), these
450	services will be provided to criminal justice agencies for
451	criminal justice purposes free of charge.
452	Section 9.  Subsections (5) through (9) of section 943.053,
453	Florida Statutes, are renumbered as subsections (6) through
454	(10), respectively, and new subsections (5), (11), and (12) are
455	added to that section, to read:
456	943.053  Dissemination of criminal justice information;
457	fees.--
458	(5)  Notwithstanding the provisions of s. 943.0525, and any
459	user agreements adopted pursuant thereto, and notwithstanding
460	the confidentiality of sealed records as provided for in s.
461	943.059, the department shall make online access to Florida
462	criminal justice information available to each judge in the
463	state courts system for the purpose of assisting judges in their
464	case-related decisionmaking responsibilities. Such online access
465	shall be provided without charge to the state courts system.
466	Sealed records received by the courts under this section remain
467	confidential and exempt from the provisions of s. 119.07(1). The
468	information provided pursuant to this section shall not take the
469	place of any information required to be provided to the courts
470	by any other agency or entity. Information provided under this
471	section shall be used only for the official court business for
472	which it was requested and may not be further disseminated.
473	(11)  A criminal justice agency that is authorized under
474	federal rules or law to conduct a criminal history background
475	check on an agency employee who is not certified by the Criminal
476	Justice Standards and Training Commission under s. 943.12 may
477	submit to the department the fingerprints of the noncertified
478	employee to obtain state and national criminal history
479	information. Effective January 15, 2007, the fingerprints
480	submitted shall be retained and entered in the statewide
481	automated fingerprint identification system authorized by s.
482	943.05 and shall be available for all purposes and uses
483	authorized for arrest fingerprint cards entered in the statewide
484	automated fingerprint identification system pursuant to s.
485	943.051. The department shall search all arrest fingerprint
486	cards received pursuant to s. 943.051 against the fingerprints
487	retained in the statewide automated fingerprint identification
488	system pursuant to this section. In addition to all purposes and
489	uses authorized for arrest fingerprint cards for which submitted
490	fingerprints may be used, any arrest record that is identified
491	with the retained employee fingerprints must be reported to the
492	submitting employing agency.
493	(12)  Notwithstanding any other provision of law, when a
494	criminal history check or a duty to disclose the absence of a
495	criminal history check is mandated by state law, or when a
496	privilege or benefit is conferred by state law in return for
497	exercising an option of conducting a criminal history check, the
498	referenced criminal history check, whether it is an initial or
499	renewal check, shall include a Florida criminal history provided
500	by the department as set forth in this section. Such Florida
501	criminal history information may be provided by a private vendor
502	only if that information is directly obtained from the
503	department for each request. When a national criminal history
504	check is required or authorized by state law, the national
505	criminal history check shall be submitted by and through the
506	department in the manner established by the department for such
507	checks, unless otherwise required by federal law. The fee for
508	criminal history information as established by state law or, in
509	the case of national checks, by the Federal Government, shall be
510	borne by the person or entity submitting the request, or as
511	provided by law. Criminal history information provided by any
512	other governmental entity of this state or any private entity
513	shall not be substituted for criminal history information
514	provided by the department when the criminal history check or a
515	duty to disclose the absence of a criminal history check is
516	required by statute or is made a condition of a privilege or
517	benefit by law.
518	Section 10.  Section 943.0585, Florida Statutes, is amended
519	to read:
520	943.0585  Court-ordered expunction of criminal history
521	records.--The courts of this state have jurisdiction over their
522	own procedures, including the maintenance, expunction, and
523	correction of judicial records containing criminal history
524	information to the extent such procedures are not inconsistent
525	with the conditions, responsibilities, and duties established by
526	this section. Any court of competent jurisdiction may order a
527	criminal justice agency to expunge the criminal history record
528	of a minor or an adult who complies with the requirements of
529	this section. The court shall not order a criminal justice
530	agency to expunge a criminal history record until the person
531	seeking to expunge a criminal history record has applied for and
532	received a certificate of eligibility for expunction pursuant to
533	subsection (2). A criminal history record that relates to a
534	violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794,
535	s. 796.03, s. 800.04, s. 810.14, s. 817.034, s. 825.1025, s.
536	827.071, chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s.
537	893.135, s. 916.1075, or a violation enumerated in s. 907.041,
538	or any violation specified as a predicate offense for
539	registration as a sexual predator pursuant to s. 775.21, without
540	regard to whether that offense alone is sufficient to require
541	such registration, or for registration as a sexual offender
542	pursuant to s. 943.0435, may not be expunged, without regard to
543	whether adjudication was withheld, if the defendant was found
544	guilty of or pled guilty or nolo contendere to the offense, or
545	if the defendant, as a minor, was found to have committed, or
546	pled guilty or nolo contendere to committing, the offense as a
547	delinquent act. The court may only order expunction of a
548	criminal history record pertaining to one arrest or one incident
549	of alleged criminal activity, except as provided in this
550	section. The court may, at its sole discretion, order the
551	expunction of a criminal history record pertaining to more than
552	one arrest if the additional arrests directly relate to the
553	original arrest. If the court intends to order the expunction of
554	records pertaining to such additional arrests, such intent must
555	be specified in the order. A criminal justice agency may not
556	expunge any record pertaining to such additional arrests if the
557	order to expunge does not articulate the intention of the court
558	to expunge a record pertaining to more than one arrest. This
559	section does not prevent the court from ordering the expunction
560	of only a portion of a criminal history record pertaining to one
561	arrest or one incident of alleged criminal activity.
562	Notwithstanding any law to the contrary, a criminal justice
563	agency may comply with laws, court orders, and official requests
564	of other jurisdictions relating to expunction, correction, or
565	confidential handling of criminal history records or information
566	derived therefrom. This section does not confer any right to the
567	expunction of any criminal history record, and any request for
568	expunction of a criminal history record may be denied at the
569	sole discretion of the court.
570	(1)  PETITION TO EXPUNGE A CRIMINAL HISTORY RECORD.--Each
571	petition to a court to expunge a criminal history record is
572	complete only when accompanied by:
573	(a)  A valid certificate of eligibility for expunction
574	issued by the department pursuant to subsection (2).
575	(b)  The petitioner's sworn statement attesting that the
576	petitioner:
577	1.  Has never, prior to the date on which the petition is
578	filed, been adjudicated guilty of a criminal offense or
579	comparable ordinance violation, or been adjudicated delinquent
580	for committing any a felony or a misdemeanor specified in s.
581	943.051(3)(b).
582	2.  Has not been adjudicated guilty of, or adjudicated
583	delinquent for committing, any of the acts stemming from the
584	arrest or alleged criminal activity to which the petition
585	pertains.
586	3.  Has never secured a prior sealing or expunction of a
587	criminal history record under this section, former s. 893.14,
588	former s. 901.33, or former s. 943.058, or from any jurisdiction
589	outside the state, unless expunction is sought of a criminal
590	history record previously sealed for 10 years pursuant to
591	paragraph (2)(h) and the record is otherwise eligible for
592	expunction.
593	4.  Is eligible for such an expunction to the best of his
594	or her knowledge or belief and does not have any other petition
595	to expunge or any petition to seal pending before any court.
596
597	Any person who knowingly provides false information on such
598	sworn statement to the court commits a felony of the third
599	degree, punishable as provided in s. 775.082, s. 775.083, or s.
600	775.084.
601	(2)  CERTIFICATE OF ELIGIBILITY FOR EXPUNCTION.--Prior to
602	petitioning the court to expunge a criminal history record, a
603	person seeking to expunge a criminal history record shall apply
604	to the department for a certificate of eligibility for
605	expunction. The department shall, by rule adopted pursuant to
606	chapter 120, establish procedures pertaining to the application
607	for and issuance of certificates of eligibility for expunction.
608	A certificate of eligibility for expunction is valid for 12
609	months after the date stamped on the certificate when issued by
610	the department. After that time, the petitioner must reapply to
611	the department for a new certificate of eligibility. Eligibility
612	for a renewed certification of eligibility must be based on the
613	status of the applicant and the law in effect at the time of the
614	renewal application. The department shall issue a certificate of
615	eligibility for expunction to a person who is the subject of a
616	criminal history record if that person:
617	(a)  Has obtained, and submitted to the department, a
618	written, certified statement from the appropriate state attorney
619	or statewide prosecutor which indicates:
620	1.  That an indictment, information, or other charging
621	document was not filed or issued in the case.
622	2.  That an indictment, information, or other charging
623	document, if filed or issued in the case, was dismissed or nolle
624	prosequi by the state attorney or statewide prosecutor, or was
625	dismissed by a court of competent jurisdiction, and that none of
626	the charges related to the arrest or alleged criminal activity
627	to which the petition to expunge pertains resulted in a trial,
628	without regard to whether the outcome of the trial was other
629	than an adjudication of guilt.
630	3.  That the criminal history record does not relate to a
631	violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794,
632	s. 796.03, s. 800.04, s. 810.14, s. 817.034, s. 825.1025, s.
633	827.071, chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s.
634	893.135, s. 916.1075, or a violation enumerated in s. 907.041,
635	or any violation specified as a predicate offense for
636	registration as a sexual predator pursuant to s. 775.21, without
637	regard to whether that offense alone is sufficient to require
638	such registration, or for registration as a sexual offender
639	pursuant to s. 943.0435, where the defendant was found guilty
640	of, or pled guilty or nolo contendere to any such offense, or
641	that the defendant, as a minor, was found to have committed, or
642	pled guilty or nolo contendere to committing, such an offense as
643	a delinquent act, without regard to whether adjudication was
644	withheld.
645	(b)  Remits a $75 processing fee to the department for
646	placement in the Department of Law Enforcement Operating Trust
647	Fund, unless such fee is waived by the executive director.
648	(c)  Has submitted to the department a certified copy of
649	the disposition of the charge to which the petition to expunge
650	pertains.
651	(d)  Has never, prior to the date on which the application
652	for a certificate of eligibility is filed, been adjudicated
653	guilty of a criminal offense or comparable ordinance violation,
654	or been adjudicated delinquent for committing any a felony or a
655	misdemeanor specified in s. 943.051(3)(b).
656	(e)  Has not been adjudicated guilty of, or adjudicated
657	delinquent for committing, any of the acts stemming from the
658	arrest or alleged criminal activity to which the petition to
659	expunge pertains.
660	(f)  Has never secured a prior sealing or expunction of a
661	criminal history record under this section, former s. 893.14,
662	former s. 901.33, or former s. 943.058, unless expunction is
663	sought of a criminal history record previously sealed for 10
664	years pursuant to paragraph (h) and the record is otherwise
665	eligible for expunction.
666	(g)  Is no longer under court supervision applicable to the
667	disposition of the arrest or alleged criminal activity to which
668	the petition to expunge pertains.
669	(h)  Has previously obtained a court order sealing the
670	record under this section, former s. 893.14, former s. 901.33,
671	or former s. 943.058 for a minimum of 10 years because
672	adjudication was withheld or because all charges related to the
673	arrest or alleged criminal activity to which the petition to
674	expunge pertains were not dismissed prior to trial, without
675	regard to whether the outcome of the trial was other than an
676	adjudication of guilt. The requirement for the record to have
677	previously been sealed for a minimum of 10 years does not apply
678	when a plea was not entered or all charges related to the arrest
679	or alleged criminal activity to which the petition to expunge
680	pertains were dismissed prior to trial. Is not required to wait
681	a minimum of 10 years prior to being eligible for an expunction
682	of such records because all charges related to the arrest or
683	criminal activity to which the petition to expunge pertains were
684	dismissed prior to trial, adjudication, or the withholding of
685	adjudication. Otherwise, such criminal history record must be
686	sealed under this section, former s. 893.14, former s. 901.33,
687	or former s. 943.058 for at least 10 years before such record is
688	eligible for expunction.
689	(3)  PROCESSING OF A PETITION OR ORDER TO EXPUNGE.--
690	(a)  In judicial proceedings under this section, a copy of
691	the completed petition to expunge shall be served upon the
692	appropriate state attorney or the statewide prosecutor and upon
693	the arresting agency; however, it is not necessary to make any
694	agency other than the state a party. The appropriate state
695	attorney or the statewide prosecutor and the arresting agency
696	may respond to the court regarding the completed petition to
697	expunge.
698	(b)  If relief is granted by the court, the clerk of the
699	court shall certify copies of the order to the appropriate state
700	attorney or the statewide prosecutor and the arresting agency.
701	The arresting agency is responsible for forwarding the order to
702	any other agency to which the arresting agency disseminated the
703	criminal history record information to which the order pertains.
704	The department shall forward the order to expunge to the Federal
705	Bureau of Investigation. The clerk of the court shall certify a
706	copy of the order to any other agency which the records of the
707	court reflect has received the criminal history record from the
708	court.
709	(c)  For an order to expunge entered by a court prior to
710	July 1, 1992, the department shall notify the appropriate state
711	attorney or statewide prosecutor of an order to expunge which is
712	contrary to law because the person who is the subject of the
713	record has previously been convicted of a crime or comparable
714	ordinance violation or has had a prior criminal history record
715	sealed or expunged. Upon receipt of such notice, the appropriate
716	state attorney or statewide prosecutor shall take action, within
717	60 days, to correct the record and petition the court to void
718	the order to expunge. The department shall seal the record until
719	such time as the order is voided by the court.
720	(d)  On or after July 1, 1992, the department or any other
721	criminal justice agency is not required to act on an order to
722	expunge entered by a court when such order does not comply with
723	the requirements of this section. Upon receipt of such an order,
724	the department must notify the issuing court, the appropriate
725	state attorney or statewide prosecutor, the petitioner or the
726	petitioner's attorney, and the arresting agency of the reason
727	for noncompliance. The appropriate state attorney or statewide
728	prosecutor shall take action within 60 days to correct the
729	record and petition the court to void the order. No cause of
730	action, including contempt of court, shall arise against any
731	criminal justice agency for failure to comply with an order to
732	expunge when the petitioner for such order failed to obtain the
733	certificate of eligibility as required by this section or such
734	order does not otherwise comply with the requirements of this
735	section.
736	(4)  EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.--Any
737	criminal history record of a minor or an adult which is ordered
738	expunged by a court of competent jurisdiction pursuant to this
739	section must be physically destroyed or obliterated by any
740	criminal justice agency having custody of such record; except
741	that any criminal history record in the custody of the
742	department must be retained in all cases. A criminal history
743	record ordered expunged that is retained by the department is
744	confidential and exempt from the provisions of s. 119.07(1) and
745	s. 24(a), Art. I of the State Constitution and not available to
746	any person or entity except upon order of a court of competent
747	jurisdiction. A criminal justice agency may retain a notation
748	indicating compliance with an order to expunge.
749	(a)  The person who is the subject of a criminal history
750	record that is expunged under this section or under other
751	provisions of law, including former s. 893.14, former s. 901.33,
752	and former s. 943.058, may lawfully deny or fail to acknowledge
753	the arrests covered by the expunged record, except when the
754	subject of the record:
755	1.  Is a candidate for employment with a criminal justice
756	agency;
757	2.  Is a defendant in a criminal prosecution;
758	3.  Concurrently or subsequently petitions for relief under
759	this section or s. 943.059;
760	4.  Is a candidate for admission to The Florida Bar;
761	5.  Is seeking to be employed or licensed by or to contract
762	with the Department of Children and Family Services or the
763	Department of Juvenile Justice or to be employed or used by such
764	contractor or licensee in a sensitive position having direct
765	contact with children, the developmentally disabled, the aged,
766	or the elderly as provided in s. 110.1127(3), s. 393.063, s.
767	394.4572(1), s. 397.451, s. 402.302(3), s. 402.313(3), s.
768	409.175(2)(i), s. 415.102(4), s. 916.106(10) and (13), s.
769	985.407, or chapter 400; or
770	6.  Is seeking to be employed or licensed by the Department
771	of Education, any district school board, any university
772	laboratory school, any charter school, any private or parochial
773	school, or any local governmental entity that licenses child
774	care facilities; or
775	7.  Is seeking authorization from a Florida seaport
776	identified in s. 311.09 for employment within or access to one
777	or more of such seaports pursuant to s. 311.12 or s. 311.125.
778	(b)  Subject to the exceptions in paragraph (a), a person
779	who has been granted an expunction under this section, former s.
780	893.14, former s. 901.33, or former s. 943.058 may not be held
781	under any provision of law of this state to commit perjury or to
782	be otherwise liable for giving a false statement by reason of
783	such person's failure to recite or acknowledge an expunged
784	criminal history record.
785	(c)  Information relating to the existence of an expunged
786	criminal history record which is provided in accordance with
787	paragraph (a) is confidential and exempt from the provisions of
788	s. 119.07(1) and s. 24(a), Art. I of the State Constitution,
789	except that the department shall disclose the existence of a
790	criminal history record ordered expunged to the entities set
791	forth in subparagraphs (a)1., 4., 5., and 6., and 7. for their
792	respective licensing, access authorization, and employment
793	purposes, and to criminal justice agencies for their respective
794	criminal justice purposes. It is unlawful for any employee of an
795	entity set forth in subparagraph (a)1., subparagraph (a)4.,
796	subparagraph (a)5., or subparagraph (a)6., or subparagraph(a)7.
797	to disclose information relating to the existence of an expunged
798	criminal history record of a person seeking employment, access
799	authorization, or licensure with such entity or contractor,
800	except to the person to whom the criminal history record relates
801	or to persons having direct responsibility for employment,
802	access authorization, or licensure decisions. Any person who
803	violates this paragraph commits a misdemeanor of the first
804	degree, punishable as provided in s. 775.082 or s. 775.083.
805	(5)  STATUTORY REFERENCES.--Any reference to any other
806	chapter, section, or subdivision of the Florida Statutes in this
807	section constitutes a general reference under the doctrine of
808	incorporation by reference.
809	Section 11.  Section 943.059, Florida Statutes, is amended
810	to read:
811	943.059  Court-ordered sealing of criminal history
812	records.--The courts of this state shall continue to have
813	jurisdiction over their own procedures, including the
814	maintenance, sealing, and correction of judicial records
815	containing criminal history information to the extent such
816	procedures are not inconsistent with the conditions,
817	responsibilities, and duties established by this section. Any
818	court of competent jurisdiction may order a criminal justice
819	agency to seal the criminal history record of a minor or an
820	adult who complies with the requirements of this section. The
821	court shall not order a criminal justice agency to seal a
822	criminal history record until the person seeking to seal a
823	criminal history record has applied for and received a
824	certificate of eligibility for sealing pursuant to subsection
825	(2). A criminal history record that relates to a violation of s.
826	393.135, s. 394.4593, s. 787.025, chapter 794, s. 796.03, s.
827	800.04, s. 810.14, s. 817.034, s. 825.1025, s. 827.071, chapter
828	839, s. 847.0133, s. 847.0135, s. 847.0145, s. 893.135, s.
829	916.1075, or a violation enumerated in s. 907.041, or any
830	violation specified as a predicate offense for registration as a
831	sexual predator pursuant to s. 775.21, without regard to whether
832	that offense alone is sufficient to require such registration,
833	or for registration as a sexual offender pursuant to s.
834	943.0435, may not be sealed, without regard to whether
835	adjudication was withheld, if the defendant was found guilty of
836	or pled guilty or nolo contendere to the offense, or if the
837	defendant, as a minor, was found to have committed or pled
838	guilty or nolo contendere to committing the offense as a
839	delinquent act. The court may only order sealing of a criminal
840	history record pertaining to one arrest or one incident of
841	alleged criminal activity, except as provided in this section.
842	The court may, at its sole discretion, order the sealing of a
843	criminal history record pertaining to more than one arrest if
844	the additional arrests directly relate to the original arrest.
845	If the court intends to order the sealing of records pertaining
846	to such additional arrests, such intent must be specified in the
847	order. A criminal justice agency may not seal any record
848	pertaining to such additional arrests if the order to seal does
849	not articulate the intention of the court to seal records
850	pertaining to more than one arrest. This section does not
851	prevent the court from ordering the sealing of only a portion of
852	a criminal history record pertaining to one arrest or one
853	incident of alleged criminal activity. Notwithstanding any law
854	to the contrary, a criminal justice agency may comply with laws,
855	court orders, and official requests of other jurisdictions
856	relating to sealing, correction, or confidential handling of
857	criminal history records or information derived therefrom. This
858	section does not confer any right to the sealing of any criminal
859	history record, and any request for sealing a criminal history
860	record may be denied at the sole discretion of the court.
861	(1)  PETITION TO SEAL A CRIMINAL HISTORY RECORD.--Each
862	petition to a court to seal a criminal history record is
863	complete only when accompanied by:
864	(a)  A valid certificate of eligibility for sealing issued
865	by the department pursuant to subsection (2).
866	(b)  The petitioner's sworn statement attesting that the
867	petitioner:
868	1.  Has never, prior to the date on which the petition is
869	filed, been adjudicated guilty of a criminal offense or
870	comparable ordinance violation, or been adjudicated delinquent
871	for committing any a felony or a misdemeanor specified in s.
872	943.051(3)(b).
873	2.  Has not been adjudicated guilty of or adjudicated
874	delinquent for committing any of the acts stemming from the
875	arrest or alleged criminal activity to which the petition to
876	seal pertains.
877	3.  Has never secured a prior sealing or expunction of a
878	criminal history record under this section, former s. 893.14,
879	former s. 901.33, former s. 943.058, or from any jurisdiction
880	outside the state.
881	4.  Is eligible for such a sealing to the best of his or
882	her knowledge or belief and does not have any other petition to
883	seal or any petition to expunge pending before any court.
884
885	Any person who knowingly provides false information on such
886	sworn statement to the court commits a felony of the third
887	degree, punishable as provided in s. 775.082, s. 775.083, or s.
888	775.084.
889	(2)  CERTIFICATE OF ELIGIBILITY FOR SEALING.--Prior to
890	petitioning the court to seal a criminal history record, a
891	person seeking to seal a criminal history record shall apply to
892	the department for a certificate of eligibility for sealing. The
893	department shall, by rule adopted pursuant to chapter 120,
894	establish procedures pertaining to the application for and
895	issuance of certificates of eligibility for sealing. A
896	certificate of eligibility for sealing is valid for 12 months
897	after the date stamped on the certificate when issued by the
898	department. After that time, the petitioner must reapply to the
899	department for a new certificate of eligibility. Eligibility for
900	a renewed certification of eligibility must be based on the
901	status of the applicant and the law in effect at the time of the
902	renewal application. The department shall issue a certificate of
903	eligibility for sealing to a person who is the subject of a
904	criminal history record provided that such person:
905	(a)  Has submitted to the department a certified copy of
906	the disposition of the charge to which the petition to seal
907	pertains.
908	(b)  Remits a $75 processing fee to the department for
909	placement in the Department of Law Enforcement Operating Trust
910	Fund, unless such fee is waived by the executive director.
911	(c)  Has never, prior to the date on which the application
912	for a certificate of eligibility is filed, been adjudicated
913	guilty of a criminal offense or comparable ordinance violation,
914	or been adjudicated delinquent for committing any a felony or a
915	misdemeanor specified in s. 943.051(3)(b).
916	(d)  Has not been adjudicated guilty of or adjudicated
917	delinquent for committing any of the acts stemming from the
918	arrest or alleged criminal activity to which the petition to
919	seal pertains.
920	(e)  Has never secured a prior sealing or expunction of a
921	criminal history record under this section, former s. 893.14,
922	former s. 901.33, or former s. 943.058.
923	(f)  Is no longer under court supervision applicable to the
924	disposition of the arrest or alleged criminal activity to which
925	the petition to seal pertains.
926	(3)  PROCESSING OF A PETITION OR ORDER TO SEAL.--
927	(a)  In judicial proceedings under this section, a copy of
928	the completed petition to seal shall be served upon the
929	appropriate state attorney or the statewide prosecutor and upon
930	the arresting agency; however, it is not necessary to make any
931	agency other than the state a party. The appropriate state
932	attorney or the statewide prosecutor and the arresting agency
933	may respond to the court regarding the completed petition to
934	seal.
935	(b)  If relief is granted by the court, the clerk of the
936	court shall certify copies of the order to the appropriate state
937	attorney or the statewide prosecutor and to the arresting
938	agency. The arresting agency is responsible for forwarding the
939	order to any other agency to which the arresting agency
940	disseminated the criminal history record information to which
941	the order pertains. The department shall forward the order to
942	seal to the Federal Bureau of Investigation. The clerk of the
943	court shall certify a copy of the order to any other agency
944	which the records of the court reflect has received the criminal
945	history record from the court.
946	(c)  For an order to seal entered by a court prior to July
947	1, 1992, the department shall notify the appropriate state
948	attorney or statewide prosecutor of any order to seal which is
949	contrary to law because the person who is the subject of the
950	record has previously been convicted of a crime or comparable
951	ordinance violation or has had a prior criminal history record
952	sealed or expunged. Upon receipt of such notice, the appropriate
953	state attorney or statewide prosecutor shall take action, within
954	60 days, to correct the record and petition the court to void
955	the order to seal. The department shall seal the record until
956	such time as the order is voided by the court.
957	(d)  On or after July 1, 1992, the department or any other
958	criminal justice agency is not required to act on an order to
959	seal entered by a court when such order does not comply with the
960	requirements of this section. Upon receipt of such an order, the
961	department must notify the issuing court, the appropriate state
962	attorney or statewide prosecutor, the petitioner or the
963	petitioner's attorney, and the arresting agency of the reason
964	for noncompliance. The appropriate state attorney or statewide
965	prosecutor shall take action within 60 days to correct the
966	record and petition the court to void the order. No cause of
967	action, including contempt of court, shall arise against any
968	criminal justice agency for failure to comply with an order to
969	seal when the petitioner for such order failed to obtain the
970	certificate of eligibility as required by this section or when
971	such order does not comply with the requirements of this
972	section.
973	(e)  An order sealing a criminal history record pursuant to
974	this section does not require that such record be surrendered to
975	the court, and such record shall continue to be maintained by
976	the department and other criminal justice agencies.
977	(4)  EFFECT OF CRIMINAL HISTORY RECORD SEALING.--A criminal
978	history record of a minor or an adult which is ordered sealed by
979	a court of competent jurisdiction pursuant to this section is
980	confidential and exempt from the provisions of s. 119.07(1) and
981	s. 24(a), Art. I of the State Constitution and is available only
982	to the person who is the subject of the record, to the subject's
983	attorney, to criminal justice agencies for their respective
984	criminal justice purposes, which include conducting a criminal
985	history background check for approval of firearms purchases or
986	transfers as authorized by state or federal law, or to those
987	entities set forth in subparagraphs (a)1., 4., 5., and 6., and
988	8. for their respective licensing, access authorization, and
989	employment purposes.
990	(a)  The subject of a criminal history record sealed under
991	this section or under other provisions of law, including former
992	s. 893.14, former s. 901.33, and former s. 943.058, may lawfully
993	deny or fail to acknowledge the arrests covered by the sealed
994	record, except when the subject of the record:
995	1.  Is a candidate for employment with a criminal justice
996	agency;
997	2.  Is a defendant in a criminal prosecution;
998	3.  Concurrently or subsequently petitions for relief under
999	this section or s. 943.0585;
1000	4.  Is a candidate for admission to The Florida Bar;
1001	5.  Is seeking to be employed or licensed by or to contract
1002	with the Department of Children and Family Services or the
1003	Department of Juvenile Justice or to be employed or used by such
1004	contractor or licensee in a sensitive position having direct
1005	contact with children, the developmentally disabled, the aged,
1006	or the elderly as provided in s. 110.1127(3), s. 393.063, s.
1007	394.4572(1), s. 397.451, s. 402.302(3), s. 402.313(3), s.
1008	409.175(2)(i), s. 415.102(4), s. 415.103, s. 916.106(10) and
1009	(13), s. 985.407, or chapter 400; or
1010	6.  Is seeking to be employed or licensed by the Department
1011	of Education, any district school board, any university
1012	laboratory school, any charter school, any private or parochial
1013	school, or any local governmental entity that licenses child
1014	care facilities;.
1015	7.  Is attempting to purchase a firearm from a licensed
1016	importer, licensed manufacturer, or licensed dealer and is
1017	subject to a criminal history background check under state or
1018	federal law; or
1019	8.  Is seeking authorization from a Florida seaport
1020	identified in s. 311.09 for employment within or access to one
1021	or more of such seaports pursuant to s. 311.12 or s. 311.125.
1022	(b)  Subject to the exceptions in paragraph (a), a person
1023	who has been granted a sealing under this section, former s.
1024	893.14, former s. 901.33, or former s. 943.058 may not be held
1025	under any provision of law of this state to commit perjury or to
1026	be otherwise liable for giving a false statement by reason of
1027	such person's failure to recite or acknowledge a sealed criminal
1028	history record.
1029	(c)  Information relating to the existence of a sealed
1030	criminal record provided in accordance with the provisions of
1031	paragraph (a) is confidential and exempt from the provisions of
1032	s. 119.07(1) and s. 24(a), Art. I of the State Constitution,
1033	except that the department shall disclose the sealed criminal
1034	history record to the entities set forth in subparagraphs (a)1.,
1035	4., 5., and 6., and 8. for their respective licensing, access
1036	authorization, and employment purposes. It is unlawful for any
1037	employee of an entity set forth in subparagraph (a)1.,
1038	subparagraph (a)4., subparagraph (a)5., or subparagraph (a)6.,
1039	or subparagraph (a)8. to disclose information relating to the
1040	existence of a sealed criminal history record of a person
1041	seeking employment, access authorization, or licensure with such
1042	entity or contractor, except to the person to whom the criminal
1043	history record relates or to persons having direct
1044	responsibility for employment, access authorization, or
1045	licensure decisions. Any person who violates the provisions of
1046	this paragraph commits a misdemeanor of the first degree,
1047	punishable as provided in s. 775.082 or s. 775.083.
1048	(5)  STATUTORY REFERENCES.--Any reference to any other
1049	chapter, section, or subdivision of the Florida Statutes in this
1050	section constitutes a general reference under the doctrine of
1051	incorporation by reference.
1052	Section 12.  Subsection (5) of section 943.13, Florida
1053	Statutes, is amended to read:
1054	943.13  Officers' minimum qualifications for employment or
1055	appointment.--On or after October 1, 1984, any person employed
1056	or appointed as a full-time, part-time, or auxiliary law
1057	enforcement officer or correctional officer; on or after October
1058	1, 1986, any person employed as a full-time, part-time, or
1059	auxiliary correctional probation officer; and on or after
1060	October 1, 1986, any person employed as a full-time, part-time,
1061	or auxiliary correctional officer by a private entity under
1062	contract to the Department of Corrections, to a county
1063	commission, or to the Department of Management Services shall:
1064	(5)  Have documentation of his or her processed
1065	fingerprints on file with the employing agency or, if a private
1066	correctional officer, have documentation of his or her processed
1067	fingerprints on file with the Department of Corrections or the
1068	Criminal Justice Standards and Training Commission. If
1069	administrative delays are caused by the department or the
1070	Federal Bureau of Investigation and the person has complied with
1071	subsections (1)-(4) and (6)-(9), he or she may be employed or
1072	appointed for a period not to exceed 1 calendar year from the
1073	date he or she was employed or appointed or until return of the
1074	processed fingerprints documenting noncompliance with
1075	subsections (1)-(4) or subsection (7), whichever occurs first.
1076	Beginning January 15, 2007, the department shall retain and
1077	enter into the statewide automated fingerprint identification
1078	system authorized by s. 943.05 all fingerprints submitted to the
1079	department as required by this section. Thereafter, the
1080	fingerprints shall be available for all purposes and uses
1081	authorized for arrest fingerprint cards entered in the statewide
1082	automated fingerprint identification system pursuant to s.
1083	943.051. The department shall search all arrest fingerprint
1084	cards received pursuant to s. 943.051 against the fingerprints
1085	retained in the statewide automated fingerprint identification
1086	system pursuant to this section and report to the employing
1087	agency any arrest records that are identified with the retained
1088	employee's fingerprints. By January 1, 2008, a person who must
1089	meet minimum qualifications as provided in this section and
1090	whose fingerprints are not retained by the department pursuant
1091	to this section must be refingerprinted. These fingerprints must
1092	be forwarded to the department for processing and retention.
1093	Section 13.  Section 943.1715, Florida Statutes, is amended
1094	to read:
1095	943.1715  Basic skills training relating to diverse
1096	populations.--The commission shall establish and maintain
1097	standards for instruction of officers in the subject of
1098	interpersonal skills relating to diverse populations, with an
1099	emphasis on the awareness of cultural differences. Every basic
1100	skills course required in order for officers to obtain initial
1101	certification must include a minimum of 8 hours training in
1102	interpersonal skills with diverse populations.
1103	Section 14.  Section 943.1716, Florida Statutes, is amended
1104	to read:
1105	943.1716  Continued employment training relating to diverse
1106	populations.--The commission shall by rule require that each
1107	officer receive, as part of the 40 hours of required instruction
1108	for continued employment or appointment as an officer, 8 hours
1109	of instruction in the subject of interpersonal skills relating
1110	to diverse populations, with an emphasis on the awareness of
1111	cultural differences.
1112	Section 15.  Section 943.2569, Florida Statutes, is
1113	repealed.
1114	Section 16.  Section 943.257, Florida Statutes, is amended
1115	to read:
1116	943.257  Independent audit documentation subject to
1117	inspection.--The Criminal Justice Standards and Training
1118	Commission or a center's advisory board may inspect and copy any
1119	documents from the center as required to carry out the
1120	commission's or the respective board's oversight
1121	responsibilities, including information and documents related to
1122	applicant evaluations and center expenditures. In addition, the
1123	commission or board may inspect and copy the documentation of
1124	any internal or independent audits conducted by or on behalf of
1125	the centers to ensure that candidate and inservice officer
1126	assessments have been made and that expenditures are in
1127	conformance with the requirements of this act and with other
1128	applicable procedures.
1129	Section 17.  Subsections (1) and (3) of section 943.401,
1130	Florida Statutes, are amended to read:
1131	943.401  Public assistance fraud.--
1132	(1)(a)  The Department of Law Enforcement shall investigate
1133	all public assistance provided to residents of the state or
1134	provided to others by the state made under the provisions of
1135	chapter 409 or chapter 414. In the course of such investigation
1136	the Department of Law Enforcement shall examine all records,
1137	including electronic benefits transfer records and make inquiry
1138	of all persons who may have knowledge as to any irregularity
1139	incidental to the disbursement of public moneys, food stamps, or
1140	other items or benefits authorizations to recipients.
1141	(b)  All public assistance recipients, as a condition
1142	precedent to qualification for public assistance received and as
1143	defined under the provisions of chapter 409, chapter 411, or
1144	chapter 414, shall first give in writing, to the Agency for
1145	Health Care Administration, the Department of Health, the Agency
1146	for Workforce Innovation, and the Department of Children and
1147	Family Services, as appropriate, and to the Department of Law
1148	Enforcement, consent to make inquiry of past or present
1149	employers and records, financial or otherwise.
1150	(3)  The results of such investigation shall be reported by
1151	the Department of Law Enforcement to the appropriate legislative
1152	committees, the Agency for Health Care Administration, the
1153	Department of Health, the Agency for Workforce Innovation, and
1154	the Department of Children and Family Services, and to such
1155	others as the Department of Law Enforcement may determine.
1156	Section 18.  Authority to purchase goodwill and promotional
1157	materials.--
1158	(1)  The Legislature recognizes that the Department of Law
1159	Enforcement functions as one of the state's primary law
1160	enforcement representatives in national and international
1161	meetings, conferences, and cooperative efforts. The department
1162	often hosts delegates from other federal, state, local, and
1163	international agencies and is in a position to function as a
1164	representative of the state fostering goodwill and effective
1165	interagency working relationships. It is the intent of the
1166	Legislature that the department be allowed, consistent with the
1167	dignity and integrity of the state, to purchase and distribute
1168	material and items of collection to those with whom the
1169	department has contact in meetings, conferences, and cooperative
1170	efforts.
1171	(2)  In addition to expenditures separately authorized by
1172	law, the department may expend not more than $5,000 annually to
1173	purchase and distribute promotional materials or items that
1174	serve to advance with dignity and integrity the goodwill of this
1175	state and the department and to provide basic refreshments at
1176	official functions, seminars, or meetings of the department in
1177	which dignitaries or representatives from the Federal
1178	Government, other states or nationalities, or other agencies are
1179	in attendance.
1180	Section 19.  Unauthorized use of Department of Law
1181	Enforcement emblems or names prohibited.--
1182	(1)  Whoever, except with the written permission of the
1183	executive director of the Department of Law Enforcement or as
1184	otherwise expressly authorized by the department, knowingly uses
1185	the words "Florida Department of Law Enforcement," the initials
1186	"F.D.L.E." or "FDLE," or the words "Florida Capitol Police," or
1187	any colorable imitation of such words or initials, or who uses a
1188	logo or emblem used by the department in connection with any
1189	advertisement, circular, book, pamphlet, or other publication,
1190	play, motion picture, broadcast, telecast, or other production,
1191	in any Internet web page or upon any product in a manner
1192	reasonably calculated to convey the impression that such
1193	advertisement, circular, book, pamphlet, or other publication,
1194	play, motion picture, broadcast, telecast, or other production,
1195	Internet web page, or product is approved, endorsed, or
1196	authorized by the Department of Law Enforcement commits a
1197	misdemeanor of the first degree, punishable as provided in s.
1198	775.082 or s. 775.083, Florida Statutes.
1199	(2)  A violation of this section may be enjoined upon suit
1200	by the department or the Department of Legal Affairs upon
1201	complaint filed in any court of competent jurisdiction.
1202	Section 20.  Subsection (9) of section 932.7055, Florida
1203	Statutes, is amended to read:
1204	932.7055  Disposition of liens and forfeited property.--
1205	(9)(a)  Every law enforcement agency shall submit
1206	semiannual reports to the Department of Law Enforcement
1207	indicating whether the agency has seized or forfeited property
1208	under the Florida Contraband Forfeiture Act. Any law enforcement
1209	agency receiving or expending forfeited property or proceeds
1210	from the sale of forfeited property in accordance with the
1211	Florida Contraband Forfeiture Act shall submit completed
1212	semiannual reports, by April 10, and October 10, documenting the
1213	receipts and expenditures, on forms promulgated by the
1214	Department of Law Enforcement, to the entity which has budgetary
1215	authority over such agency and to the Department of Law
1216	Enforcement. The semiannual report shall specify the type,
1217	approximate value, any court case number, type of offense,
1218	disposition of the property received, and the amount of any
1219	proceeds received or expended.
1220	(b)  The Department of Law Enforcement shall submit an
1221	annual report to the criminal justice committees of the House of
1222	Representatives and of the Senate compiling the information and
1223	data related in the semiannual reports submitted by the law
1224	enforcement agencies. The annual report shall also contain a
1225	list of law enforcement agencies which have failed to meet the
1226	reporting requirements and a summary of any action which has
1227	been taken against the noncomplying agency by the Office of the
1228	Chief Financial Officer.
1229	(c)  Neither the law enforcement agency nor the entity
1230	having budgetary control over the law enforcement agency shall
1231	anticipate future forfeitures or proceeds therefrom in the
1232	adoption and approval of the budget for the law enforcement
1233	agency.
1234	Section 21.  Section 932.707, Florida Statutes, is
1235	repealed.
1236	Section 22.  Except as otherwise expressly provided in this
1237	act, this act shall take effect July 1, 2006.

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