Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 544
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CHAMBER ACTION
Senate House
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11 The Committee on Criminal Justice (Crist) recommended the
12 following amendment:
13
14 Senate Amendment (with title amendment)
15 Delete everything after the enacting clause
16
17 and insert:
18 Section 1. Effective February 1, 2007, paragraph (a)
19 of subsection (2) of section 790.065, Florida Statutes, is
20 amended to read:
21 790.065 Sale and delivery of firearms.--
22 (2) Upon receipt of a request for a criminal history
23 record check, the Department of Law Enforcement shall, during
24 the licensee's call or by return call, forthwith:
25 (a) Review criminal history records and other records
26 that have been provided to the department to determine if the
27 potential buyer or transferee:
28 1. Has been convicted of a felony and is prohibited
29 from receipt or possession of a firearm pursuant to s. 790.23;
30 2. Has been convicted of a misdemeanor crime of
31 domestic violence, and therefore is prohibited from purchasing
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1 a firearm; or
2 3. Has had adjudication of guilt withheld or
3 imposition of sentence suspended on any felony or misdemeanor
4 crime of domestic violence unless 3 years have elapsed since
5 probation or any other conditions set by the court have been
6 fulfilled or expunction has occurred; or.
7 4. Has been adjudicated mentally defective or has been
8 committed to a mental institution by a court and as a result
9 is prohibited by federal law from purchasing a firearm.
10 a. As used in this subparagraph, the term "adjudicated
11 mentally defective" means a determination by a court that a
12 person, as a result of marked subnormal intelligence, or
13 mental illness, incompetency, condition, or disease, is a
14 danger to himself or herself or to others or lacks the mental
15 capacity to contract or manage his or her own affairs. The
16 term includes a judicial finding of incapacity under s.
17 744.331(6)(a), an acquittal by reason of insanity of a person
18 charged with a criminal offense, and a judicial finding that a
19 criminal defendant is not competent to stand trial.
20 b. As used in this subparagraph, the term "committed
21 to a mental institution" means involuntary commitment,
22 commitment for mental defectiveness or mental illness, or
23 commitment for substance abuse. The term includes involuntary
24 inpatient placement as defined in s. 394.467, involuntary
25 assessment and stabilization under s. 397.6818, and
26 involuntary substance abuse treatment under s. 397.6957, but
27 does not include a person in a mental institution for
28 observation or a person who has been discharged from a mental
29 institution based upon the initial review by the physician or
30 a voluntary admission to a mental institution.
31 c. In order to check for such conditions, the
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1 department shall compile and maintain an automated database of
2 persons who are prohibited from purchasing a firearm based on
3 court records of adjudications of mental defectiveness or
4 commitments to mental institutions. Each clerk of court shall
5 submit these records to the department within 1 month after
6 the order of adjudication or commitment is rendered. Reports
7 may be submitted in an automated format. The reports must, at
8 a minimum, include the name, any known alias or former name,
9 the sex, and the date of birth of the individual. The
10 department shall delete any mental health record from the
11 database upon the request of an individual when at least 5
12 years have elapsed since the individual's restoration to
13 capacity by court order after being adjudicated an
14 incapacitated person under s. 744.331 or similar laws of any
15 other state, or, in the case of an individual who was
16 previously committed to a mental institution under chapter 394
17 or similar laws of any other state, when the individual
18 produces a certificate from a licensed psychiatrist stating
19 that he or she has not suffered from such disability for at
20 least 5 years prior to the date of the request for removal of
21 the record. If the department has received a subsequent record
22 of an adjudication of mental defectiveness or commitment to a
23 mental institution for such individual, the 5-year timeframe
24 shall be calculated from the most recent adjudication of
25 incapacitation or commitment.
26 d. The department may disclose the collected data to
27 federal or state agencies for use exclusively in determining
28 the lawfulness of a firearm sale or transfer. The department
29 may also disclose any applicable collected data to the
30 Department of Agriculture and Consumer Services for purposes
31 of determining a person's eligibility for a concealed weapons
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1 or concealed firearms license upon receipt of an applicant
2 fingerprint submission forwarded pursuant to s. 790.06(6)(a).
3 If a potential buyer or transferee appeals a nonapproval based
4 on such records, the clerks of court and mental institutions
5 shall, upon request by the department, provide information to
6 help determine whether the potential buyer or transferee is
7 the same person as the subject of the record. Photographs and
8 other data that may confirm or negate identity must be made
9 available to the department for such purposes, notwithstanding
10 any other provision of state law to the contrary. Information
11 that is made confidential or exempt from disclosure by law
12 shall remain confidential or exempt when transferred to the
13 department.
14 Section 2. Subsections (4) and (5) of section 914.25,
15 Florida Statutes, are amended to read:
16 914.25 Protective services for certain victims and
17 witnesses.--
18 (4)(a) When a victim or witness is certified as
19 provided in subsection (3), a law enforcement agency, in
20 consultation with the certifying state attorney or the
21 statewide prosecutor, may provide appropriate protective
22 services. If a victim or witness needs to be temporarily
23 relocated, the statewide prosecutor or the state attorney must
24 notify the Department of Law Enforcement. The Department of
25 Law Enforcement, in consultation with the statewide prosecutor
26 or the state attorney, and any other law enforcement agency
27 involved in the criminal investigation or prosecution, shall
28 coordinate the temporary relocation of the victim or witness.
29 (b) Protective services, including temporary
30 relocation services, may initially be provided for up to 1
31 year or until the risk giving rise to the certification has
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1 diminished, whichever occurs sooner. If deemed necessary, The
2 statewide prosecutor or the state attorney may, at the end of
3 the certification year, recertify a victim or witness at risk
4 of harm for an additional period of up to 1 year or until the
5 risk giving rise to the certification has diminished,
6 whichever occurs first. A victim or witness at risk of harm
7 may be certified and recertified annually as provided in this
8 section to provide a maximum of 4 years of eligibility for
9 protective services.
10 (5) The lead law enforcement agency that provides
11 protective services, as authorized in this section, may seek
12 reimbursement for its reasonable expenses from the Victim and
13 Witness Protection Review Committee, pursuant to the
14 provisions of s. 943.031. This section does not prevent any
15 law enforcement agency from providing protective services at
16 the agency's expense beyond the 4-year maximum period
17 established in this section. Any additional expenditures for
18 protective services are not eligible for reimbursement under
19 this section.
20 Section 3. Subsection (3) is added to section 937.021,
21 Florida Statutes, to read:
22 937.021 Missing child reports.--
23 (3)(a) Upon receiving a request to record, report,
24 transmit, display, or release Amber Alert or Missing Child
25 Alert information from the law enforcement agency having
26 jurisdiction over the missing or endangered child, the
27 Department of Law Enforcement as the state Amber Alert
28 coordinator; any state or local law enforcement agency and the
29 personnel of these agencies; any radio or television network,
30 broadcaster, or other media representative; any dealer of
31 communications services as defined in s. 202.11; or any
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1 agency, employee, individual, or entity is immune from civil
2 liability for damages for complying in good faith with the
3 request and is presumed to have acted in good faith in
4 recording, reporting, transmitting, displaying, or releasing
5 Amber Alert or Missing Child Alert information pertaining to
6 such child.
7 (b) The presumption of good faith is not overcome if a
8 technical or clerical error is made by an agency, employee,
9 individual, or entity acting at the request of the local law
10 enforcement agency having jurisdiction, or if the Amber Alert
11 or Missing Child Alert information is incomplete or incorrect
12 because the information received from the local law
13 enforcement agency was incomplete or incorrect.
14 (c) Neither this subsection nor any other provision of
15 law creates a duty of the agency, employee, individual, or
16 entity to record, report, transmit, display, or release the
17 Amber Alert or Missing Child Alert information received from
18 the local law enforcement agency having jurisdiction. The
19 decision to do so is discretionary with the agency, employee,
20 individual, or entity receiving that information from the
21 local law enforcement agency having jurisdiction.
22 Section 4. Section 938.07, Florida Statutes, is
23 amended to read:
24 938.07 Driving or boating under the
25 influence.--Notwithstanding any other provision of s. 316.193
26 or s. 327.35, a court cost of $135 shall be added to any fine
27 imposed pursuant to s. 316.193 or s. 327.35. The clerks shall
28 remit the funds to the Department of Revenue, $25 of which
29 shall be deposited in the Emergency Medical Services Trust
30 Fund, $50 shall be deposited in the Operating Criminal Justice
31 Standards and Training Trust Fund of the Department of Law
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1 Enforcement to be used for operational expenses in conducting
2 the statewide criminal analysis laboratory system established
3 in s. 943.32, and $60 shall be deposited in the Brain and
4 Spinal Cord Injury Rehabilitation Trust Fund created in s.
5 381.79.
6 Section 5. Subsection (7) of section 938.27, Florida
7 Statutes, is amended to read:
8 938.27 Judgment for costs on conviction.--
9 (7) Investigative costs that which are recovered shall
10 be returned to the appropriate investigative agency that which
11 incurred the expense. Such costs shall include actual expenses
12 incurred in conducting the investigation and prosecution of
13 the criminal case; however, costs may also include the
14 salaries of permanent employees. Any investigative costs
15 recovered on behalf of a state agency must be remitted to the
16 Department of Revenue for deposit in the agency operating
17 trust fund, and a report of the payment must be sent to the
18 agency, except that any investigative costs recovered on
19 behalf of the Department of Law Enforcement shall be deposited
20 in the department's Forfeiture and Investigative Support Trust
21 Fund under s. 943.362.
22 Section 6. Paragraphs (g) and (h) are added to
23 subsection (2) of section 943.05, Florida Statutes, to read:
24 943.05 Criminal Justice Information Program; duties;
25 crime reports.--
26 (2) The program shall:
27 (g) As authorized by law, retain fingerprints
28 submitted by criminal and noncriminal justice agencies to the
29 department for a criminal history background screening in a
30 manner provided by rule and enter the fingerprints in the
31 statewide automated fingerprint identification system
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1 authorized by paragraph (b). Such fingerprints shall be
2 available for all purposes and uses authorized for arrest
3 fingerprint cards entered into the statewide automated
4 fingerprint identification system pursuant to s. 943.051.
5 (h) As authorized by law, search all arrest
6 fingerprint cards received under s. 943.051 against the
7 fingerprints retained in the statewide automated fingerprint
8 identification system under paragraph (g). Any arrest record
9 that is identified with the retained fingerprints of a person
10 subject to background screening as provided in paragraph (g)
11 shall be reported to the appropriate agency. Agencies may
12 participate in this search process by paying an annual fee to
13 the department and informing the department of any change in
14 the affiliation, employment, contractual status, or place of
15 affiliation, employment, or contracting of the persons whose
16 fingerprints are retained under paragraph (g). The department
17 shall adopt a rule setting the amount of the annual fee to be
18 imposed upon each participating agency for performing searches
19 and establishing the procedures for the retention of
20 fingerprints and the dissemination of search results. The fee
21 may be borne as provided by law. Fees may be waived or reduced
22 by the executive director for good cause shown. Consistent
23 with the recognition of criminal justice agencies expressed in
24 s. 943.053(3), these services shall be provided to criminal
25 justice agencies for criminal justice purposes free of charge.
26 Section 7. Subsection (2) of section 943.052, Florida
27 Statutes, is amended to read:
28 943.052 Disposition reporting.--The Criminal Justice
29 Information Program shall, by rule, establish procedures and a
30 format for each criminal justice agency to monitor its records
31 and submit reports, as provided by this section, to the
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1 program. The disposition report shall be developed by the
2 program and shall include the offender-based transaction
3 system number.
4 (2) Each clerk of the court shall submit the uniform
5 dispositions to the program or in a manner acceptable to the
6 program. The report shall be submitted at least once a month
7 and, when acceptable by the program, may be submitted in an
8 automated format. The disposition report is mandatory for
9 dispositions relating to adult offenders only. Beginning July
10 1, 2008, a disposition report for each disposition relating to
11 a minor offender is mandatory.
12 Section 8. Subsections (2) and (5) of section 68.07,
13 Florida Statutes, are amended to read:
14 68.07 Change of name.--
15 (2) The petition shall include a set copy of the
16 petitioner's fingerprints taken by a law enforcement agency
17 except where a former name is being restored and be verified
18 and show:
19 (a) That petitioner is a bona fide resident of and
20 domiciled in the county where the change of name is sought.
21 (b) If known, the date and place of birth of
22 petitioner, petitioner's father's name, mother's maiden name,
23 and where petitioner has resided since birth.
24 (c) If petitioner is married, the name of petitioner's
25 spouse and if petitioner has children, the names and ages of
26 each and where they reside.
27 (d) If petitioner's name has previously been changed
28 and when and where and by what court.
29 (e) Petitioner's occupation and where petitioner is
30 employed and has been employed for 5 years next preceding
31 filing of the petition. If petitioner owns and operates a
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1 business, the name and place of it shall be stated and
2 petitioner's connection therewith and how long petitioner has
3 been identified with said business. If petitioner is in a
4 profession, the profession shall be stated, where the
5 petitioner has practiced the profession and if a graduate of a
6 school or schools, the name or names thereof, time of
7 graduation, and degrees received.
8 (f) Whether the petitioner has been generally known or
9 called by any other names and if so, by what names and where.
10 (g) Whether petitioner has ever been adjudicated a
11 bankrupt and if so, where and when.
12 (h) Whether petitioner has ever been arrested for or
13 charged with, pled guilty or nolo contendere to, or been found
14 to have committed a criminal offense, regardless of
15 adjudication, and if so, when and where.
16 (i) Whether any money judgment has ever been entered
17 against petitioner and if so, the name of the judgment
18 creditor, the amount and date thereof, the court by which
19 entered, and whether the judgment has been satisfied.
20 (j) That the petition is filed for no ulterior or
21 illegal purpose and granting it will not in any manner invade
22 the property rights of others, whether partnership, patent,
23 good will, privacy, trademark, or otherwise.
24 (k) That the petitioner's civil rights have never been
25 suspended, or if the petitioner's civil rights have been
26 suspended, that full restoration of civil rights has occurred.
27 (5) The clerk must, upon the filing of the final
28 judgment, send a report of the judgment to the Department of
29 Law Enforcement on a form to be furnished by that department.
30 The Department of Law Enforcement must send a copy of the
31 report to the Department of Highway Safety and Motor Vehicles,
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1 which may be delivered by electronic transmission. The report
2 must contain sufficient information to identify the
3 petitioner, including a set copy of the petitioner's
4 fingerprints taken by a law enforcement agency, the new name
5 of the petitioner, and the file number of the judgment. Any
6 information retained by the Department of Law Enforcement and
7 the Department of Highway Safety and Motor Vehicles may be
8 revised or supplemented by said departments to reflect changes
9 made by the final judgment. With respect to a person convicted
10 of a felony in another state or of a federal offense, the
11 Department of Law Enforcement must send the report to the
12 respective state's office of law enforcement records or to the
13 office of the Federal Bureau of Investigation. The Department
14 of Law Enforcement may forward the report to any other law
15 enforcement agency it believes may retain information related
16 to the petitioner. Any costs associated with fingerprinting
17 must be paid by the petitioner.
18 Section 9. Present subsections (5), (6), (7), (8), and
19 (9) of section 943.053, Florida Statutes, are redesignated as
20 subsections (6), (7), (8), (9), and (10), respectively, and
21 new subsections (5), (11), and (12) are added to that section,
22 to read:
23 943.053 Dissemination of criminal justice information;
24 fees.--
25 (5) Notwithstanding s. 943.0525, and any user
26 agreement adopted pursuant thereto, and notwithstanding the
27 confidentiality of sealed records as provided in s. 943.059,
28 the department shall make criminal justice information
29 available on-line to each judge in the state court system in
30 order to assist the judge in case-related decisionmaking.
31 On-line access shall be provided without charge to the state
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1 court system. Sealed records received by courts under this
2 section remain confidential and exempt from s. 119.07(1). The
3 information provided pursuant to this subsection does not
4 replace any information required to be provided to the courts
5 by any other agency or entity. Information provided under this
6 subsection may be used only for the official court business
7 for which it was requested and may not be further
8 disseminated.
9 (11) A criminal justice agency that is authorized
10 under federal rules or law to conduct a criminal history
11 background check on an agency employee who is not certified by
12 the Criminal Justice Standards and Training Commission under
13 s. 943.12 may submit to the department the fingerprints of the
14 noncertified employee to obtain state and national criminal
15 history information. Effective January 15, 2007, fingerprints
16 submitted shall be retained and entered in the statewide
17 automated fingerprint identification system authorized by s.
18 943.05 and shall be available for all purposes and uses
19 authorized for arrest fingerprint cards entered in the
20 statewide automated fingerprint identification system pursuant
21 to s. 943.051. The department shall search all arrest
22 fingerprint cards received pursuant to s. 943.051 against the
23 fingerprints retained in the statewide automated fingerprint
24 identification system pursuant to this section. In addition to
25 the purposes and uses authorized for arrest fingerprint cards
26 for which submitted fingerprints may be used, any arrest
27 record that is identified with the retained employee
28 fingerprints must be reported to the submitting employing
29 agency.
30 (12) Notwithstanding any other provision of law, when
31 a criminal history check or a duty to disclose the absence of
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1 a criminal history check is mandated by state law or when a
2 privilege or benefit is conferred by state law in return for
3 exercising an option of conducting a criminal history check,
4 the referenced criminal history check, whether an initial or
5 renewal check, shall include the state criminal history
6 provided by the department as set forth in this section. Such
7 criminal history information may be provided by a private
8 vendor only if that information is directly obtained from the
9 department for each request. A national criminal history check
10 that is required or authorized by state law shall be submitted
11 by and through the department in the manner established by the
12 department for such checks, unless otherwise required by
13 federal law. The fee for criminal history information as
14 established by state law or, in the case of national checks,
15 by the Federal Government, shall be borne by the person or
16 entity submitting the request, or as provided by law. Criminal
17 history information provided by any other governmental entity
18 of this state or any private entity may not be substituted for
19 criminal history information provided by the department if the
20 criminal history check or a duty to disclose the absence of a
21 criminal history check is required by statute or is made a
22 condition of a privilege or benefit by law.
23 Section 10. Section 943.0585, Florida Statutes, is
24 amended to read:
25 943.0585 Court-ordered expunction of criminal history
26 records.--The courts of this state have jurisdiction over
27 their own procedures, including the maintenance, expunction,
28 and correction of judicial records containing criminal history
29 information to the extent such procedures are not inconsistent
30 with the conditions, responsibilities, and duties established
31 by this section. Any court of competent jurisdiction may order
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1 a criminal justice agency to expunge the criminal history
2 record of a minor or an adult who complies with the
3 requirements of this section. The court shall not order a
4 criminal justice agency to expunge a criminal history record
5 until the person seeking to expunge a criminal history record
6 has applied for and received a certificate of eligibility for
7 expunction pursuant to subsection (2). A criminal history
8 record that relates to a violation of s. 393.135, s. 394.4593,
9 s. 787.025, chapter 794, s. 796.03, s. 800.04, s. 810.14, s.
10 817.034, s. 825.1025, s. 827.071, chapter 839, s. 847.0133, s.
11 847.0135, s. 847.0145, s. 893.135, s. 916.1075, or a
12 violation enumerated in s. 907.041, or any violation specified
13 as a predicate offense for registration as a sexual predator
14 pursuant to s. 775.21, without regard to whether that offense
15 alone is sufficient to require such registration, or as a
16 sexual offender pursuant to s. 943.0435, may not be expunged,
17 without regard to whether adjudication was withheld, if the
18 defendant was found guilty of or pled guilty or nolo
19 contendere to the offense, or if the defendant, as a minor,
20 was found to have committed, or pled guilty or nolo contendere
21 to committing, the offense as a delinquent act. The court may
22 only order expunction of a criminal history record pertaining
23 to one arrest or one incident of alleged criminal activity,
24 except as provided in this section. The court may, at its sole
25 discretion, order the expunction of a criminal history record
26 pertaining to more than one arrest if the additional arrests
27 directly relate to the original arrest. If the court intends
28 to order the expunction of records pertaining to such
29 additional arrests, such intent must be specified in the
30 order. A criminal justice agency may not expunge any record
31 pertaining to such additional arrests if the order to expunge
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1 does not articulate the intention of the court to expunge a
2 record pertaining to more than one arrest. This section does
3 not prevent the court from ordering the expunction of only a
4 portion of a criminal history record pertaining to one arrest
5 or one incident of alleged criminal activity. Notwithstanding
6 any law to the contrary, a criminal justice agency may comply
7 with laws, court orders, and official requests of other
8 jurisdictions relating to expunction, correction, or
9 confidential handling of criminal history records or
10 information derived therefrom. This section does not confer
11 any right to the expunction of any criminal history record,
12 and any request for expunction of a criminal history record
13 may be denied at the sole discretion of the court.
14 (1) PETITION TO EXPUNGE A CRIMINAL HISTORY
15 RECORD.--Each petition to a court to expunge a criminal
16 history record is complete only when accompanied by:
17 (a) A valid certificate of eligibility for expunction
18 issued by the department pursuant to subsection (2).
19 (b) The petitioner's sworn statement attesting that
20 the petitioner:
21 1. Has never, prior to the date on which the petition
22 is filed, been adjudicated guilty of a criminal offense or
23 comparable ordinance violation, or been adjudicated delinquent
24 for committing any a felony or a misdemeanor specified in s.
25 943.051(3)(b).
26 2. Has not been adjudicated guilty of, or adjudicated
27 delinquent for committing, any of the acts stemming from the
28 arrest or alleged criminal activity to which the petition
29 pertains.
30 3. Has never secured a prior sealing or expunction of
31 a criminal history record under this section, former s.
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1 893.14, former s. 901.33, or former s. 943.058, or from any
2 jurisdiction outside the state, unless the expunction is
3 sought for a criminal history record that was previously
4 sealed for 10 years pursuant to paragraph (2)(h) and the
5 record is otherwise eligible for expunction.
6 4. Is eligible for such an expunction to the best of
7 his or her knowledge or belief and does not have any other
8 petition to expunge or any petition to seal pending before any
9 court.
10
11 Any person who knowingly provides false information on such
12 sworn statement to the court commits a felony of the third
13 degree, punishable as provided in s. 775.082, s. 775.083, or
14 s. 775.084.
15 (2) CERTIFICATE OF ELIGIBILITY FOR EXPUNCTION.--Prior
16 to petitioning the court to expunge a criminal history record,
17 a person seeking to expunge a criminal history record shall
18 apply to the department for a certificate of eligibility for
19 expunction. The department shall, by rule adopted pursuant to
20 chapter 120, establish procedures pertaining to the
21 application for and issuance of certificates of eligibility
22 for expunction. A certificate of eligibility for expunction is
23 valid for 12 months after the date stamped on the certificate
24 when issued by the Department of Law Enforcement. After that
25 time, the petitioner must reapply to the department for a new
26 certificate of eligibility. Eligibility for a renewed
27 certification of eligibility must be based on the status of
28 the applicant and the law in effect at the time of the most
29 recent application. The department shall issue a certificate
30 of eligibility for expunction to a person who is the subject
31 of a criminal history record if that person:
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1 (a) Has obtained, and submitted to the department, a
2 written, certified statement from the appropriate state
3 attorney or statewide prosecutor which indicates:
4 1. That an indictment, information, or other charging
5 document was not filed or issued in the case.
6 2. That an indictment, information, or other charging
7 document, if filed or issued in the case, was dismissed or
8 nolle prosequi by the state attorney or statewide prosecutor,
9 or was dismissed by a court of competent jurisdiction, and
10 that none of the charges related to the arrest or alleged
11 criminal activity to which the petition to expunge pertains
12 resulted in a trial, without regard to whether the outcome of
13 the trial was other than an adjudication of guilt.
14 3. That the criminal history record does not relate to
15 a violation of s. 393.135, s. 394.4593, s. 787.025, chapter
16 794, s. 796.03, s. 800.04, s. 810.14, s. 817.034, s. 825.1025,
17 s. 827.071, chapter 839, s. 847.0133, s. 847.0135, s.
18 847.0145, s. 893.135, s. 916.1075, or a violation enumerated
19 in s. 907.041, or any violation specified as a predicate
20 offense for registration as a sexual predator pursuant to s.
21 775.21, without regard to whether that offense alone is
22 sufficient to require such registration, or as a sexual
23 offender pursuant to s. 943.0435, where the defendant was
24 found guilty of, or pled guilty or nolo contendere to any such
25 offense, or that the defendant, as a minor, was found to have
26 committed, or pled guilty or nolo contendere to committing,
27 such an offense as a delinquent act, without regard to whether
28 adjudication was withheld.
29 (b) Remits a $75 processing fee to the department for
30 placement in the Department of Law Enforcement Operating Trust
31 Fund, unless such fee is waived by the executive director.
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1 (c) Has submitted to the department a certified copy
2 of the disposition of the charge to which the petition to
3 expunge pertains.
4 (d) Has never, prior to the date on which the
5 application for a certificate of eligibility is filed, been
6 adjudicated guilty of a criminal offense or comparable
7 ordinance violation, or been adjudicated delinquent for
8 committing any a felony or a misdemeanor specified in s.
9 943.051(3)(b).
10 (e) Has not been adjudicated guilty of, or adjudicated
11 delinquent for committing, any of the acts stemming from the
12 arrest or alleged criminal activity to which the petition to
13 expunge pertains.
14 (f) Has never secured a prior sealing or expunction of
15 a criminal history record under this section, former s.
16 893.14, former s. 901.33, or former s. 943.058, unless
17 expunction is sought of a criminal history record previously
18 sealed for 10 years pursuant to paragraph (h) and the record
19 is otherwise eligible for expunction.
20 (g) Is no longer under court supervision applicable to
21 the disposition of the arrest or alleged criminal activity to
22 which the petition to expunge pertains.
23 (h) Has previously obtained a court order sealing the
24 record under this section, former s. 893.14, former s. 901.33,
25 or former s. 943.058 for a minimum of 10 years because
26 adjudication was withheld or because all charges related to
27 the arrest or alleged criminal activity to which the petition
28 to expunge pertains were not dismissed prior to trial, without
29 regard to whether the outcome of the trial was other than an
30 adjudication of guilt. The requirement for the record to have
31 previously been sealed for a minimum of 10 years does not
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1 apply when a plea was not entered or all charges related to
2 the arrest or alleged criminal activity to which the petition
3 to expunge pertains were dismissed prior to trial. Is not
4 required to wait a minimum of 10 years prior to being eligible
5 for an expunction of such records because all charges related
6 to the arrest or criminal activity to which the petition to
7 expunge pertains were dismissed prior to trial, adjudication,
8 or the withholding of adjudication. Otherwise, such criminal
9 history record must be sealed under this section, former s.
10 893.14, former s. 901.33, or former s. 943.058 for at least 10
11 years before such record is eligible for expunction.
12 (3) PROCESSING OF A PETITION OR ORDER TO EXPUNGE.--
13 (a) In judicial proceedings under this section, a copy
14 of the completed petition to expunge shall be served upon the
15 appropriate state attorney or the statewide prosecutor and
16 upon the arresting agency; however, it is not necessary to
17 make any agency other than the state a party. The appropriate
18 state attorney or the statewide prosecutor and the arresting
19 agency may respond to the court regarding the completed
20 petition to expunge.
21 (b) If relief is granted by the court, the clerk of
22 the court shall certify copies of the order to the appropriate
23 state attorney or the statewide prosecutor and the arresting
24 agency. The arresting agency is responsible for forwarding the
25 order to any other agency to which the arresting agency
26 disseminated the criminal history record information to which
27 the order pertains. The department shall forward the order to
28 expunge to the Federal Bureau of Investigation. The clerk of
29 the court shall certify a copy of the order to any other
30 agency which the records of the court reflect has received the
31 criminal history record from the court.
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1 (c) For an order to expunge entered by a court prior
2 to July 1, 1992, the department shall notify the appropriate
3 state attorney or statewide prosecutor of an order to expunge
4 which is contrary to law because the person who is the subject
5 of the record has previously been convicted of a crime or
6 comparable ordinance violation or has had a prior criminal
7 history record sealed or expunged. Upon receipt of such
8 notice, the appropriate state attorney or statewide prosecutor
9 shall take action, within 60 days, to correct the record and
10 petition the court to void the order to expunge. The
11 department shall seal the record until such time as the order
12 is voided by the court.
13 (d) On or after July 1, 1992, the department or any
14 other criminal justice agency is not required to act on an
15 order to expunge entered by a court when such order does not
16 comply with the requirements of this section. Upon receipt of
17 such an order, the department must notify the issuing court,
18 the appropriate state attorney or statewide prosecutor, the
19 petitioner or the petitioner's attorney, and the arresting
20 agency of the reason for noncompliance. The appropriate state
21 attorney or statewide prosecutor shall take action within 60
22 days to correct the record and petition the court to void the
23 order. No cause of action, including contempt of court, shall
24 arise against any criminal justice agency for failure to
25 comply with an order to expunge when the petitioner for such
26 order failed to obtain the certificate of eligibility as
27 required by this section or such order does not otherwise
28 comply with the requirements of this section.
29 (4) EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.--Any
30 criminal history record of a minor or an adult which is
31 ordered expunged by a court of competent jurisdiction pursuant
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1 to this section must be physically destroyed or obliterated by
2 any criminal justice agency having custody of such record;
3 except that any criminal history record in the custody of the
4 department must be retained in all cases. A criminal history
5 record ordered expunged that is retained by the department is
6 confidential and exempt from the provisions of s. 119.07(1)
7 and s. 24(a), Art. I of the State Constitution and not
8 available to any person or entity except upon order of a court
9 of competent jurisdiction. A criminal justice agency may
10 retain a notation indicating compliance with an order to
11 expunge.
12 (a) The person who is the subject of a criminal
13 history record that is expunged under this section or under
14 other provisions of law, including former s. 893.14, former s.
15 901.33, and former s. 943.058, may lawfully deny or fail to
16 acknowledge the arrests covered by the expunged record, except
17 when the subject of the record:
18 1. Is a candidate for employment with a criminal
19 justice agency;
20 2. Is a defendant in a criminal prosecution;
21 3. Concurrently or subsequently petitions for relief
22 under this section or s. 943.059;
23 4. Is a candidate for admission to The Florida Bar;
24 5. Is seeking to be employed or licensed by or to
25 contract with the Department of Children and Family Services
26 or the Department of Juvenile Justice or to be employed or
27 used by such contractor or licensee in a sensitive position
28 having direct contact with children, the developmentally
29 disabled, the aged, or the elderly as provided in s.
30 110.1127(3), s. 393.063, s. 394.4572(1), s. 397.451, s.
31 402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4), s.
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1 916.106(10) and (13), s. 985.407, or chapter 400; or
2 6. Is seeking to be employed or licensed by the
3 Department of Education, any district school board, any
4 university laboratory school, any charter school, any private
5 or parochial school, or any local governmental entity that
6 licenses child care facilities; or.
7 7. Is seeking authorization from a Florida seaport
8 identified in s. 311.09 for employment within or access to one
9 or more of such seaports, pursuant to s. 311.12 or s. 311.125.
10 (b) Subject to the exceptions in paragraph (a), a
11 person who has been granted an expunction under this section,
12 former s. 893.14, former s. 901.33, or former s. 943.058 may
13 not be held under any provision of law of this state to commit
14 perjury or to be otherwise liable for giving a false statement
15 by reason of such person's failure to recite or acknowledge an
16 expunged criminal history record.
17 (c) Information relating to the existence of an
18 expunged criminal history record which is provided in
19 accordance with paragraph (a) is confidential and exempt from
20 the provisions of s. 119.07(1) and s. 24(a), Art. I of the
21 State Constitution, except that the department shall disclose
22 the existence of a criminal history record ordered expunged to
23 the entities set forth in subparagraphs (a)1., 4., 5., and 6.,
24 and 7. for their respective licensing, access authorization,
25 and employment purposes, and to criminal justice agencies for
26 their respective criminal justice purposes. It is unlawful for
27 any employee of an entity set forth in subparagraph (a)1.,
28 subparagraph (a)4., subparagraph (a)5., or subparagraph (a)6.,
29 or subparagraph (a)7. to disclose information relating to the
30 existence of an expunged criminal history record of a person
31 seeking employment, access authorization, or licensure with
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1 such entity or contractor, except to the person to whom the
2 criminal history record relates or to persons having direct
3 responsibility for employment, access authorization, or
4 licensure decisions. Any person who violates this paragraph
5 commits a misdemeanor of the first degree, punishable as
6 provided in s. 775.082 or s. 775.083.
7 (5) STATUTORY REFERENCES.--Any reference to any other
8 chapter, section, or subdivision of the Florida Statutes in
9 this section constitutes a general reference under the
10 doctrine of incorporation by reference.
11 Section 11. Section 943.059, Florida Statutes, is
12 amended to read:
13 943.059 Court-ordered sealing of criminal history
14 records.--The courts of this state shall continue to have
15 jurisdiction over their own procedures, including the
16 maintenance, sealing, and correction of judicial records
17 containing criminal history information to the extent such
18 procedures are not inconsistent with the conditions,
19 responsibilities, and duties established by this section. Any
20 court of competent jurisdiction may order a criminal justice
21 agency to seal the criminal history record of a minor or an
22 adult who complies with the requirements of this section. The
23 court shall not order a criminal justice agency to seal a
24 criminal history record until the person seeking to seal a
25 criminal history record has applied for and received a
26 certificate of eligibility for sealing pursuant to subsection
27 (2). A criminal history record that relates to a violation of
28 s. 393.135, s. 394.4593, s. 787.025, chapter 794, s. 796.03,
29 s. 800.04, s. 810.14, s. 817.034, s. 825.1025, s. 827.071,
30 chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s.
31 893.135, s. 916.1075, or a violation enumerated in s. 907.041,
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1 or any violation specified as a predicate offense for
2 registration as a sexual predator pursuant to s. 775.21,
3 without regard to whether that offense alone is sufficient to
4 require such registration, or as a sexual offender pursuant to
5 s. 943.0435, may not be sealed, without regard to whether
6 adjudication was withheld, if the defendant was found guilty
7 of or pled guilty or nolo contendere to the offense, or if the
8 defendant, as a minor, was found to have committed or pled
9 guilty or nolo contendere to committing the offense as a
10 delinquent act. The court may only order sealing of a criminal
11 history record pertaining to one arrest or one incident of
12 alleged criminal activity, except as provided in this section.
13 The court may, at its sole discretion, order the sealing of a
14 criminal history record pertaining to more than one arrest if
15 the additional arrests directly relate to the original arrest.
16 If the court intends to order the sealing of records
17 pertaining to such additional arrests, such intent must be
18 specified in the order. A criminal justice agency may not seal
19 any record pertaining to such additional arrests if the order
20 to seal does not articulate the intention of the court to seal
21 records pertaining to more than one arrest. This section does
22 not prevent the court from ordering the sealing of only a
23 portion of a criminal history record pertaining to one arrest
24 or one incident of alleged criminal activity. Notwithstanding
25 any law to the contrary, a criminal justice agency may comply
26 with laws, court orders, and official requests of other
27 jurisdictions relating to sealing, correction, or confidential
28 handling of criminal history records or information derived
29 therefrom. This section does not confer any right to the
30 sealing of any criminal history record, and any request for
31 sealing a criminal history record may be denied at the sole
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1 discretion of the court.
2 (1) PETITION TO SEAL A CRIMINAL HISTORY RECORD.--Each
3 petition to a court to seal a criminal history record is
4 complete only when accompanied by:
5 (a) A valid certificate of eligibility for sealing
6 issued by the department pursuant to subsection (2).
7 (b) The petitioner's sworn statement attesting that
8 the petitioner:
9 1. Has never, prior to the date on which the petition
10 is filed, been adjudicated guilty of a criminal offense or
11 comparable ordinance violation, or been adjudicated delinquent
12 for committing any a felony or misdemeanor specified in s.
13 943.051(3)(b).
14 2. Has not been adjudicated guilty of or adjudicated
15 delinquent for committing any of the acts stemming from the
16 arrest or alleged criminal activity to which the petition to
17 seal pertains.
18 3. Has never secured a prior sealing or expunction of
19 a criminal history record under this section, former s.
20 893.14, former s. 901.33, former s. 943.058, or from any
21 jurisdiction outside the state.
22 4. Is eligible for such a sealing to the best of his
23 or her knowledge or belief and does not have any other
24 petition to seal or any petition to expunge pending before any
25 court.
26
27 Any person who knowingly provides false information on such
28 sworn statement to the court commits a felony of the third
29 degree, punishable as provided in s. 775.082, s. 775.083, or
30 s. 775.084.
31 (2) CERTIFICATE OF ELIGIBILITY FOR SEALING.--Prior to
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1 petitioning the court to seal a criminal history record, a
2 person seeking to seal a criminal history record shall apply
3 to the department for a certificate of eligibility for
4 sealing. A certificate of eligibility for sealing is valid for
5 12 months after the date stamped on the certificate when
6 issued by the Department of Law Enforcement. After that time,
7 the petitioner must reapply to the department for a new
8 certificate of eligibility. Eligibility for a renewed
9 certification of eligibility must be based on the status of
10 the applicant and the law in effect at the time of the most
11 recent application. The department shall, by rule adopted
12 pursuant to chapter 120, establish procedures pertaining to
13 the application for and issuance of certificates of
14 eligibility for sealing. The department shall issue a
15 certificate of eligibility for sealing to a person who is the
16 subject of a criminal history record provided that such
17 person:
18 (a) Has submitted to the department a certified copy
19 of the disposition of the charge to which the petition to seal
20 pertains.
21 (b) Remits a $75 processing fee to the department for
22 placement in the Department of Law Enforcement Operating Trust
23 Fund, unless such fee is waived by the executive director.
24 (c) Has never, prior to the date on which the
25 application for a certificate of eligibility is filed, been
26 adjudicated guilty of a criminal offense or comparable
27 ordinance violation, or been adjudicated delinquent for
28 committing any a felony or a misdemeanor specified in s.
29 943.051(3)(b).
30 (d) Has not been adjudicated guilty of or adjudicated
31 delinquent for committing any of the acts stemming from the
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1 arrest or alleged criminal activity to which the petition to
2 seal pertains.
3 (e) Has never secured a prior sealing or expunction of
4 a criminal history record under this section, former s.
5 893.14, former s. 901.33, or former s. 943.058.
6 (f) Is no longer under court supervision applicable to
7 the disposition of the arrest or alleged criminal activity to
8 which the petition to seal pertains.
9 (3) PROCESSING OF A PETITION OR ORDER TO SEAL.--
10 (a) In judicial proceedings under this section, a copy
11 of the completed petition to seal shall be served upon the
12 appropriate state attorney or the statewide prosecutor and
13 upon the arresting agency; however, it is not necessary to
14 make any agency other than the state a party. The appropriate
15 state attorney or the statewide prosecutor and the arresting
16 agency may respond to the court regarding the completed
17 petition to seal.
18 (b) If relief is granted by the court, the clerk of
19 the court shall certify copies of the order to the appropriate
20 state attorney or the statewide prosecutor and to the
21 arresting agency. The arresting agency is responsible for
22 forwarding the order to any other agency to which the
23 arresting agency disseminated the criminal history record
24 information to which the order pertains. The department shall
25 forward the order to seal to the Federal Bureau of
26 Investigation. The clerk of the court shall certify a copy of
27 the order to any other agency which the records of the court
28 reflect has received the criminal history record from the
29 court.
30 (c) For an order to seal entered by a court prior to
31 July 1, 1992, the department shall notify the appropriate
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1 state attorney or statewide prosecutor of any order to seal
2 which is contrary to law because the person who is the subject
3 of the record has previously been convicted of a crime or
4 comparable ordinance violation or has had a prior criminal
5 history record sealed or expunged. Upon receipt of such
6 notice, the appropriate state attorney or statewide prosecutor
7 shall take action, within 60 days, to correct the record and
8 petition the court to void the order to seal. The department
9 shall seal the record until such time as the order is voided
10 by the court.
11 (d) On or after July 1, 1992, the department or any
12 other criminal justice agency is not required to act on an
13 order to seal entered by a court when such order does not
14 comply with the requirements of this section. Upon receipt of
15 such an order, the department must notify the issuing court,
16 the appropriate state attorney or statewide prosecutor, the
17 petitioner or the petitioner's attorney, and the arresting
18 agency of the reason for noncompliance. The appropriate state
19 attorney or statewide prosecutor shall take action within 60
20 days to correct the record and petition the court to void the
21 order. No cause of action, including contempt of court, shall
22 arise against any criminal justice agency for failure to
23 comply with an order to seal when the petitioner for such
24 order failed to obtain the certificate of eligibility as
25 required by this section or when such order does not comply
26 with the requirements of this section.
27 (e) An order sealing a criminal history record
28 pursuant to this section does not require that such record be
29 surrendered to the court, and such record shall continue to be
30 maintained by the department and other criminal justice
31 agencies.
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1 (4) EFFECT OF CRIMINAL HISTORY RECORD SEALING.--A
2 criminal history record of a minor or an adult which is
3 ordered sealed by a court of competent jurisdiction pursuant
4 to this section is confidential and exempt from the provisions
5 of s. 119.07(1) and s. 24(a), Art. I of the State Constitution
6 and is available only to the person who is the subject of the
7 record, to the subject's attorney, to criminal justice
8 agencies for their respective criminal justice purposes, which
9 include conducting a criminal history background check for
10 approval of firearms purchases or transfers as authorized by
11 state or federal law, or to those entities set forth in
12 subparagraphs (a)1., 4., 5., and 6., and 8. for their
13 respective licensing, access authorization, and employment
14 purposes.
15 (a) The subject of a criminal history record sealed
16 under this section or under other provisions of law, including
17 former s. 893.14, former s. 901.33, and former s. 943.058, may
18 lawfully deny or fail to acknowledge the arrests covered by
19 the sealed record, except when the subject of the record:
20 1. Is a candidate for employment with a criminal
21 justice agency;
22 2. Is a defendant in a criminal prosecution;
23 3. Concurrently or subsequently petitions for relief
24 under this section or s. 943.0585;
25 4. Is a candidate for admission to The Florida Bar;
26 5. Is seeking to be employed or licensed by or to
27 contract with the Department of Children and Family Services
28 or the Department of Juvenile Justice or to be employed or
29 used by such contractor or licensee in a sensitive position
30 having direct contact with children, the developmentally
31 disabled, the aged, or the elderly as provided in s.
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1 110.1127(3), s. 393.063, s. 394.4572(1), s. 397.451, s.
2 402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4), s.
3 415.103, s. 916.106(10) and (13), s. 985.407, or chapter 400;
4 or
5 6. Is seeking to be employed or licensed by the
6 Department of Education, any district school board, any
7 university laboratory school, any charter school, any private
8 or parochial school, or any local governmental entity that
9 licenses child care facilities;.
10 7. Is attempting to purchase a firearm from a licensed
11 importer, licensed manufacturer, or licensed dealer and is
12 subject to a criminal history background check under state or
13 federal law; or
14 8. Is seeking authorization from a Florida seaport
15 identified in s. 311.09 for employment within or access to one
16 or more of such seaports, pursuant to s. 311.12 or s. 311.125.
17 (b) Subject to the exceptions in paragraph (a), a
18 person who has been granted a sealing under this section,
19 former s. 893.14, former s. 901.33, or former s. 943.058 may
20 not be held under any provision of law of this state to commit
21 perjury or to be otherwise liable for giving a false statement
22 by reason of such person's failure to recite or acknowledge a
23 sealed criminal history record.
24 (c) Information relating to the existence of a sealed
25 criminal record provided in accordance with the provisions of
26 paragraph (a) is confidential and exempt from the provisions
27 of s. 119.07(1) and s. 24(a), Art. I of the State
28 Constitution, except that the department shall disclose the
29 sealed criminal history record to the entities set forth in
30 subparagraphs (a)1., 4., 5., and 6., and 8. for their
31 respective licensing, access authorization, and employment
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1 purposes. It is unlawful for any employee of an entity set
2 forth in subparagraph (a)1., subparagraph (a)4., subparagraph
3 (a)5., or subparagraph (a)6., or subparagraph (a)8. to
4 disclose information relating to the existence of a sealed
5 criminal history record of a person seeking employment, access
6 authorization, or licensure with such entity or contractor,
7 except to the person to whom the criminal history record
8 relates or to persons having direct responsibility for
9 employment, access authorization, or licensure decisions. Any
10 person who violates the provisions of this paragraph commits a
11 misdemeanor of the first degree, punishable as provided in s.
12 775.082 or s. 775.083.
13 (5) STATUTORY REFERENCES.--Any reference to any other
14 chapter, section, or subdivision of the Florida Statutes in
15 this section constitutes a general reference under the
16 doctrine of incorporation by reference.
17 Section 12. Subsection (5) of section 943.13, Florida
18 Statutes, is amended to read:
19 943.13 Officers' minimum qualifications for employment
20 or appointment.--On or after October 1, 1984, any person
21 employed or appointed as a full-time, part-time, or auxiliary
22 law enforcement officer or correctional officer; on or after
23 October 1, 1986, any person employed as a full-time,
24 part-time, or auxiliary correctional probation officer; and on
25 or after October 1, 1986, any person employed as a full-time,
26 part-time, or auxiliary correctional officer by a private
27 entity under contract to the Department of Corrections, to a
28 county commission, or to the Department of Management Services
29 shall:
30 (5) Have documentation of his or her processed
31 fingerprints on file with the employing agency or, if a
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1 private correctional officer, have documentation of his or her
2 processed fingerprints on file with the Department of
3 Corrections or the Criminal Justice Standards and Training
4 Commission. If administrative delays are caused by the
5 department or the Federal Bureau of Investigation and the
6 person has complied with subsections (1)-(4) and (6)-(9), he
7 or she may be employed or appointed for a period not to exceed
8 1 calendar year from the date he or she was employed or
9 appointed or until return of the processed fingerprints
10 documenting noncompliance with subsections (1)-(4) or
11 subsection (7), whichever occurs first. Beginning January 15,
12 2007, the department shall retain and enter into the statewide
13 automated fingerprint identification system authorized by s.
14 943.05 all fingerprints submitted to the department as
15 required by this section. Thereafter, the fingerprints shall
16 be available for all purposes and uses authorized for arrest
17 fingerprint cards entered in the statewide automated
18 fingerprint identification system pursuant to s. 943.051. The
19 department shall search all arrest fingerprints cards received
20 pursuant to s. 943.051 against the fingerprints retained in
21 the statewide automated fingerprint identification system
22 pursuant to this section and report to the employing agency
23 any arrest records that are identified with the retained
24 employee's fingerprints. By January 1, 2008, a person who must
25 meet the minimum qualifications provided in this section and
26 whose fingerprints are not retained by the department pursuant
27 to this section must be refingerprinted. These fingerprints
28 must be forwarded to the department for processing and
29 retention.
30 Section 13. Section 943.1715, Florida Statutes, is
31 amended to read:
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1 943.1715 Basic skills training relating to diverse
2 populations.--The commission shall establish and maintain
3 standards for instruction of officers in the subject of
4 interpersonal skills relating to diverse populations, with an
5 emphasis on the awareness of cultural differences. Every basic
6 skills course required in order for officers to obtain initial
7 certification must include a minimum of 8 hours training in
8 interpersonal skills with diverse populations.
9 Section 14. Section 943.1716, Florida Statutes, is
10 amended to read:
11 943.1716 Continued employment training relating to
12 diverse populations.--The commission shall by rule require
13 that each officer receive, as part of the 40 hours of required
14 instruction for continued employment or appointment as an
15 officer, 8 hours of instruction in the subject of
16 interpersonal skills relating to diverse populations, with an
17 emphasis on the awareness of cultural differences.
18 Section 15. Section 943.2569, Florida Statutes, is
19 repealed.
20 Section 16. Section 943.257, Florida Statutes, is
21 amended to read:
22 943.257 Independent audit documentation subject to
23 inspection.--The Criminal Justice Standards and Training
24 Commission or a center's advisory board may inspect and copy
25 any documents from the center as required to carry out the
26 commission's or the respective board's oversight
27 responsibilities, including information and documents related
28 to applicant evaluations and center expenditures. The
29 commission or board may inspect and copy the documentation of
30 any internal or independent audits conducted by or on behalf
31 of the centers to ensure that candidate and inservice officer
33
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1 assessments have been made and that expenditures are in
2 conformance with the requirements of this act and with other
3 applicable procedures.
4 Section 17. Subsections (1) and (3) of section
5 943.401, Florida Statutes, are amended to read:
6 943.401 Public assistance fraud.--
7 (1)(a) The Department of Law Enforcement shall
8 investigate all public assistance provided to residents of the
9 state or provided to others by the state made under the
10 provisions of chapter 409 or chapter 414. In the course of
11 such investigation the Department of Law Enforcement shall
12 examine all records, including electronic benefits transfer
13 records and make inquiry of all persons who may have knowledge
14 as to any irregularity incidental to the disbursement of
15 public moneys, food stamps, or other items or benefits
16 authorizations to recipients.
17 (b) All public assistance recipients, as a condition
18 precedent to qualification for public assistance received and
19 as defined under the provisions of chapter 409, chapter 411,
20 or chapter 414, shall first give in writing, to the Agency for
21 Health Care Administration, the Department of Health, the
22 Agency for Workforce Innovation, and the Department of
23 Children and Family Services, as appropriate, and to the
24 Department of Law Enforcement, consent to make inquiry of past
25 or present employers and records, financial or otherwise.
26 (3) The results of such investigation shall be
27 reported by the Department of Law Enforcement to the
28 appropriate legislative committees, the Agency for Health Care
29 Administration, the Department of Health, the Agency for
30 Workforce Innovation, and the Department of Children and
31 Family Services, and to such others as the Department of Law
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1 Enforcement may determine.
2 Section 18. Authority to purchase goodwill and
3 promotional materials.--
4 (1) The Legislature recognizes that the Department of
5 Law Enforcement functions as one of the state's primary law
6 enforcement representatives in national and international
7 meetings, conferences, and cooperative efforts. The department
8 often hosts delegates from other federal, state, local, and
9 international agencies and is in a position to function as a
10 representative of the state fostering goodwill and effective
11 interagency working relationships. It is the intent of the
12 Legislature that the department be allowed, consistent with
13 the dignity and integrity of the state, to purchase and
14 distribute material and items of collection to those with whom
15 the department has contact in meetings, conferences, and
16 cooperative efforts.
17 (2) In addition to expenditures separately authorized
18 by law, the department may expend not more than $5,000
19 annually to purchase and distribute promotional materials or
20 items that serve to advance with dignity and integrity the
21 goodwill of this state and the department and to provide basic
22 refreshments at official functions, seminars, or meetings of
23 the department in which dignitaries or representatives from
24 the Federal Government, other states or nationalities, or
25 other agencies are in attendance.
26 Section 19. Unauthorized use of Department of Law
27 Enforcement emblems or names prohibited.--
28 (1) Whoever, except with the written permission of the
29 executive director of the Department of Law Enforcement or as
30 otherwise expressly authorized by the department, knowingly
31 uses the words "Florida Department of Law Enforcement," the
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1 initials "F.D.L.E." or "FDLE," or the words "Florida Capitol
2 Police," or any colorable imitation of such words or initials,
3 or who uses a logo or emblem used by the department in
4 connection with any advertisement, circular, book, pamphlet,
5 or other publication, play, motion picture, broadcast,
6 telecast, or other production, in any Internet web page or
7 upon any product in a manner reasonably calculated to convey
8 the impression that such advertisement, circular, book,
9 pamphlet, or other publication, play, motion picture,
10 broadcast, telecast, or other production, Internet web page,
11 or product is approved, endorsed, or authorized by the
12 department commits a misdemeanor of the first degree,
13 punishable as provided in s. 775.082 or s. 775.083, Florida
14 Statutes.
15 (2) A violation of this section may be enjoined upon
16 suit by the department or the Department of Legal Affairs upon
17 complaint filed in any court of competent jurisdiction.
18 Section 20. Except as otherwise expressly provided in
19 this act, this act shall take effect July 1, 2006.
20
21
22 ================ T I T L E A M E N D M E N T ===============
23 And the title is amended as follows:
24 Delete everything before the enacting clause
25
26 and insert:
27 A bill to be entitled
28 An act relating to the Department of Law
29 Enforcement; amending s. 790.065, F.S.;
30 requiring the department to review other
31 records in addition to criminal history records
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1 to evaluate a potential buyer or transferee of
2 a firearm, including an adjudication of mental
3 defectiveness or a commitment to a mental
4 institution as criteria that prohibit a person
5 from purchasing a firearm; providing
6 definitions; requiring the department to
7 maintain an automated database of persons who
8 are prohibited from purchasing a firearm;
9 requiring each clerk of court to submit certain
10 court records to the department within a
11 certain period; requiring the department to
12 delete certain records from the automated
13 database upon the request of an individual
14 meeting specified conditions; authorizing the
15 department to disclose collected data to other
16 federal or state agencies with regard to the
17 sale or transfer of a firearm; authorizing the
18 department to disclose certain information to
19 the Department of Agriculture and Consumer
20 Services for determining the eligibility of an
21 applicant for a concealed weapons or concealed
22 firearms license; requiring the clerk of court
23 or mental hospital to provide additional
24 information upon request following an appeal of
25 an unapproved sale or transfer of a firearm;
26 amending s. 914.25, F.S.; providing for
27 recertification for protective services for an
28 additional period, with reimbursement for
29 expenses from the Victim and Witness Protection
30 Review Committee; providing for unlimited
31 protective services for a victim or witness
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1 without reimbursement; amending s. 937.021,
2 F.S.; providing immunity to the department,
3 other law enforcement agencies, media
4 representatives, and dealers of communications
5 services from civil liability for complying in
6 good faith with a request to record or report
7 information of an Amber Alert or Missing Child
8 Alert; providing that a technical or clerical
9 error or incorrect or incomplete information
10 does not overcome the presumption of good faith
11 in reporting information about an Amber Alert
12 or Missing Child Alert; providing that it is a
13 discretionary decision of a law enforcement
14 agency or its employees to report, record, or
15 display Amber Alert or Missing Child Alert
16 information; amending s. 938.07, F.S.;
17 requiring that a portion of certain court costs
18 imposed for a conviction of driving or boating
19 under the influence be deposited into the
20 department's Operating Trust Fund instead of
21 the Criminal Justice Standards and Training
22 Trust Fund; amending s. 938.27, F.S.; requiring
23 that investigative costs recovered on behalf of
24 the department be deposited into the Forfeiture
25 and Investigative Trust Fund; amending s.
26 943.05, F.S.; authorizing the department to
27 retain fingerprints in certain circumstances
28 and use retained fingerprints for certain
29 purposes; amending s. 943.052, F.S.; requiring
30 that disposition reports for dispositions
31 relating to minor offenders are mandatory after
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1 a specified date; amending s. 68.07, F.S.;
2 requiring a set of fingerprints as part of a
3 name-change petition; amending s. 943.053,
4 F.S.; requiring the department to make certain
5 information available to judges; limiting the
6 use of information; authorizing a criminal
7 justice agency to obtain a criminal history
8 background check of a noncertified agency
9 employee by submitting fingerprints to the
10 department; requiring that a criminal history
11 check be provided by the department in certain
12 circumstances; amending s. 943.0585, F.S.;
13 prohibiting a court from expunging a criminal
14 history record containing certain sexual
15 offenses or certain offenses that require
16 registration as a sexual offender; requiring a
17 valid certificate of eligibility for expunction
18 in a petition to expunge a criminal history
19 record; specifying the time during which a
20 certificate of eligibility for expunction is
21 valid; requiring that a trial must not have
22 occurred in order for a person to obtain a
23 statement from the state attorney authorizing
24 the expunction of a criminal record;
25 authorizing a person who has secured a prior
26 sealing or expunction of a criminal history
27 record to seek a certificate of eligibility for
28 expunction if the criminal history record was
29 previously sealed for a specified time and is
30 otherwise eligible for expunction; providing
31 that a person who is seeking authorization for
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1 employment or access to a seaport may not deny
2 or fail to acknowledge an arrest covered by an
3 expunged record; providing that the department
4 may acknowledge an expunged criminal history
5 record under certain circumstances; amending s.
6 943.059, F.S.; enumerating certain sexual
7 offenses and offenses that require registration
8 as a sexual offender which may not be sealed;
9 requiring a valid certificate of eligibility
10 for sealing in a petition to seal a criminal
11 history record; specifying the period during
12 which a certificate of eligibility for sealing
13 is valid; providing that information in a
14 sealed criminal record is available to a
15 criminal justice agency to conduct a criminal
16 history background check for approval of a
17 firearms purchase or transfer; prohibiting a
18 person from denying arrests covered by his or
19 her sealed criminal record when attempting to
20 purchase a firearm; providing that a person who
21 is seeking authorization for employment or
22 access to a seaport may not deny or fail to
23 acknowledge an arrest covered by a sealed
24 record; providing that the department may
25 acknowledge a sealed criminal history record
26 under certain circumstances; amending s.
27 943.13, F.S.; requiring the department to enter
28 the fingerprints of law enforcement or
29 correctional officers into a statewide
30 automated fingerprint identification system;
31 requiring the department to search each arrest
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1 fingerprint card received against fingerprints
2 retained in the statewide automated fingerprint
3 identification system; providing for
4 refingerprinting by a certain date; amending
5 ss. 943.1715 and 943.1716, F.S.; deleting the
6 minimum number of hours required for basic
7 skills training and continued employment
8 training relating to diverse populations for
9 law enforcement officers; repealing s.
10 943.2569, F.S., relating to an annual financial
11 audit of criminal justice selection centers;
12 amending s. 943.257, F.S.; authorizing the
13 Criminal Justice Standards and Training
14 Commission and the advisory board of a criminal
15 justice selection center to inspect and copy
16 any documents from a center in order to conduct
17 oversight responsibilities, including documents
18 pertaining to any internal or independent
19 audits; amending s. 943.401, F.S.; requiring
20 the department to investigate all public
21 assistance that is provided by the state;
22 requiring public assistance recipients to
23 consent in writing to an investigation into
24 their employment and financial histories by the
25 Agency for Workforce Innovation; requiring the
26 department to report the results of the
27 investigations to the Agency for Workforce
28 Innovation; authorizing the department to
29 purchase goodwill and promotional materials;
30 limiting the annual amount of such
31 expenditures; prohibiting the unauthorized use
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1 of the department's emblems and names;
2 providing a penalty; providing an effective
3 date.
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