Senate Bill sb0544c4

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    Florida Senate - 2006       CS for CS for CS for CS for SB 544

    By the Committees on Justice Appropriations; Governmental
    Oversight and Productivity; Judiciary; Criminal Justice; and
    Senators Fasano and Crist



    604-2275-06

  1                      A bill to be entitled

  2         An act relating to the Department of Law

  3         Enforcement; amending s. 790.065, F.S.;

  4         requiring the department to review any records

  5         available in addition to criminal history

  6         records to evaluate a potential buyer or

  7         transferee of a firearm, including an

  8         adjudication of mental defectiveness or a

  9         commitment to a mental institution as criteria

10         that prohibit a person from purchasing a

11         firearm; providing definitions; requiring the

12         department to maintain an automated database of

13         persons who are prohibited from purchasing a

14         firearm; requiring each clerk of court to

15         submit certain court records to the department

16         within a certain period; requiring the

17         department to delete certain records from the

18         automated database upon the request of an

19         individual meeting specified conditions;

20         authorizing the department to disclose

21         collected data to other federal or state

22         agencies with regard to the sale or transfer of

23         a firearm; authorizing the department to

24         disclose certain information to the Department

25         of Agriculture and Consumer Services for

26         determining the eligibility of an applicant for

27         a concealed weapons or concealed firearms

28         license; requiring the clerk of court or mental

29         hospital to provide additional information upon

30         request following an appeal of an unapproved

31         sale or transfer of a firearm; amending s.

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 1         914.25, F.S.; providing for recertification for

 2         protective services for an additional period,

 3         with reimbursement for expenses from the Victim

 4         and Witness Protection Review Committee;

 5         providing for unlimited protective services for

 6         a victim or witness without reimbursement;

 7         amending s. 932.7055, F.S.; deleting a

 8         requirement that every law enforcement agency

 9         submit semiannual reports to the department

10         regarding seized or forfeited property;

11         deleting a requirement that the department

12         submit an annual report to the criminal justice

13         committees of the Legislature; amending s.

14         937.021, F.S.; providing immunity to the

15         department, other law enforcement agencies,

16         media representatives, and dealers of

17         communications services from civil liability

18         for complying in good faith with a request to

19         record or report information of an Amber Alert

20         or Missing Child Alert; providing that a

21         technical or clerical error or incorrect or

22         incomplete information does not overcome the

23         presumption of good faith in reporting

24         information about an Amber Alert or Missing

25         Child Alert; providing that it is a

26         discretionary decision of a law enforcement

27         agency or its employees to report, record, or

28         display Amber Alert or Missing Child Alert

29         information; amending s. 938.07, F.S.;

30         requiring that a portion of certain court costs

31         imposed for a conviction of driving or boating

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 1         under the influence be deposited into the

 2         department's Operating Trust Fund instead of

 3         the Criminal Justice Standards and Training

 4         Trust Fund; amending s. 938.27, F.S.; requiring

 5         that investigative costs recovered on behalf of

 6         the department be deposited into the Forfeiture

 7         and Investigative Trust Fund; amending s.

 8         943.05, F.S.; authorizing the department to

 9         retain fingerprints in certain circumstances

10         and use retained fingerprints for certain

11         purposes; amending s. 943.052, F.S.; requiring

12         that disposition reports for dispositions

13         relating to minor offenders are mandatory after

14         a specified date; amending s. 68.07, F.S.;

15         requiring a set of fingerprints as part of a

16         name-change petition; amending s. 943.053,

17         F.S.; requiring the department to make certain

18         information available to judges; limiting the

19         use of information; authorizing a criminal

20         justice agency to obtain a criminal history

21         background check of a noncertified agency

22         employee by submitting fingerprints to the

23         department; requiring that a criminal history

24         check be provided by the department in certain

25         circumstances; amending s. 943.0585, F.S.;

26         prohibiting a court from expunging a criminal

27         history record containing certain sexual

28         offenses or certain offenses that require

29         registration as a sexual offender; requiring a

30         valid certificate of eligibility for expunction

31         in a petition to expunge a criminal history

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 1         record; specifying the time during which a

 2         certificate of eligibility for expunction is

 3         valid; requiring that a trial must not have

 4         occurred in order for a person to obtain a

 5         statement from the state attorney authorizing

 6         the expunction of a criminal record;

 7         authorizing a person who has secured a prior

 8         sealing or expunction of a criminal history

 9         record to seek a certificate of eligibility for

10         expunction if the criminal history record was

11         previously sealed for a specified time and is

12         otherwise eligible for expunction; providing

13         that a person who is seeking authorization for

14         employment or access to a seaport may not deny

15         or fail to acknowledge an arrest covered by an

16         expunged record; providing that the department

17         may acknowledge an expunged criminal history

18         record under certain circumstances; amending s.

19         943.059, F.S.; enumerating certain sexual

20         offenses and offenses that require registration

21         as a sexual offender which may not be sealed;

22         requiring a valid certificate of eligibility

23         for sealing in a petition to seal a criminal

24         history record; specifying the period during

25         which a certificate of eligibility for sealing

26         is valid; providing that information in a

27         sealed criminal record is available to a

28         criminal justice agency to conduct a criminal

29         history background check for approval of a

30         firearms purchase or transfer; prohibiting a

31         person from denying arrests covered by his or

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 1         her sealed criminal record when attempting to

 2         purchase a firearm; providing that a person who

 3         is seeking authorization for employment or

 4         access to a seaport may not deny or fail to

 5         acknowledge an arrest covered by a sealed

 6         record; providing that the department may

 7         acknowledge a sealed criminal history record

 8         under certain circumstances; amending s.

 9         943.13, F.S.; requiring the department to enter

10         the fingerprints of law enforcement or

11         correctional officers into a statewide

12         automated fingerprint identification system;

13         requiring the department to search each arrest

14         fingerprint card received against fingerprints

15         retained in the statewide automated fingerprint

16         identification system; providing for

17         refingerprinting by a certain date; amending

18         ss. 943.1715 and 943.1716, F.S.; deleting the

19         minimum number of hours required for basic

20         skills training and continued employment

21         training relating to diverse populations for

22         law enforcement officers; repealing s.

23         943.2569, F.S., relating to an annual financial

24         audit of criminal justice selection centers;

25         amending s. 943.257, F.S.; authorizing the

26         Criminal Justice Standards and Training

27         Commission and the advisory board of a criminal

28         justice selection center to inspect and copy

29         any documents from a center in order to conduct

30         oversight responsibilities, including documents

31         pertaining to any internal or independent

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 1         audits; amending s. 943.401, F.S.; requiring

 2         the department to investigate all public

 3         assistance that is provided by the state;

 4         requiring public assistance recipients to

 5         consent in writing to an investigation into

 6         their employment and financial histories by the

 7         Agency for Workforce Innovation; requiring the

 8         department to report the results of the

 9         investigations to the Agency for Workforce

10         Innovation; authorizing the department to

11         purchase goodwill and promotional materials;

12         limiting the annual amount of such

13         expenditures; prohibiting the unauthorized use

14         of the department's emblems and names;

15         providing a penalty; providing effective dates.

16  

17  Be It Enacted by the Legislature of the State of Florida:

18  

19         Section 1.  Effective February 1, 2007, paragraph (a)

20  of subsection (2) of section 790.065, Florida Statutes, is

21  amended to read:

22         790.065  Sale and delivery of firearms.--

23         (2)  Upon receipt of a request for a criminal history

24  record check, the Department of Law Enforcement shall, during

25  the licensee's call or by return call, forthwith:

26         (a)  Review any criminal history records available to

27  determine if the 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  

31  

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 1         2.  Has been convicted of a misdemeanor crime of

 2  domestic violence, and therefore is prohibited from purchasing

 3  a firearm; or

 4         3.  Has had adjudication of guilt withheld or

 5  imposition of sentence suspended on any felony or misdemeanor

 6  crime of domestic violence unless 3 years have elapsed since

 7  probation or any other conditions set by the court have been

 8  fulfilled or expunction has occurred; or.

 9         4.  Has been adjudicated mentally defective or has been

10  committed to a mental institution by a court and as a result

11  is prohibited by federal law from purchasing a firearm.

12         a.  As used in this subparagraph, the term "adjudicated

13  mentally defective" means a determination by a court that a

14  person, as a result of marked subnormal intelligence, or

15  mental illness, incompetency, condition, or disease, is a

16  danger to himself or herself or to others or lacks the mental

17  capacity to contract or manage his or her own affairs. The

18  term includes a judicial finding of incapacity under s.

19  744.331(6)(a), an acquittal by reason of insanity of a person

20  charged with a criminal offense, and a judicial finding that a

21  criminal defendant is not competent to stand trial.

22         b.  As used in this subparagraph, the term "committed

23  to a mental institution" means involuntary commitment,

24  commitment for mental defectiveness or mental illness, or

25  commitment for substance abuse. The term includes involuntary

26  inpatient placement as defined in s. 394.467, involuntary

27  assessment and stabilization under s. 397.6818, and

28  involuntary substance abuse treatment under s. 397.6957, but

29  does not include a person in a mental institution for

30  observation or a person who has been discharged from a mental

31  

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 1  institution based upon the initial review by the physician or

 2  a voluntary admission to a mental institution.

 3         c.  In order to check for such conditions, the

 4  department shall compile and maintain an automated database of

 5  persons who are prohibited from purchasing a firearm based on

 6  court records of adjudications of mental defectiveness or

 7  commitments to mental institutions. Each clerk of court shall

 8  submit these records to the department within 1 month after

 9  the order of adjudication or commitment is rendered. Reports

10  may be submitted in an automated format. The reports must, at

11  a minimum, include the name, any known alias or former name,

12  the sex, and the date of birth of the individual. The

13  department shall delete any mental health record from the

14  database upon the request of an individual when at least 5

15  years have elapsed since the individual's restoration to

16  capacity by court order after being adjudicated an

17  incapacitated person under s. 744.331 or similar laws of any

18  other state, or, in the case of an individual who was

19  previously committed to a mental institution under chapter 394

20  or similar laws of any other state, when the individual

21  produces a certificate from a licensed psychiatrist stating

22  that he or she has not suffered from such disability for at

23  least 5 years prior to the date of the request for removal of

24  the record. If the department has received a subsequent record

25  of an adjudication of mental defectiveness or commitment to a

26  mental institution for such individual, the 5-year timeframe

27  shall be calculated from the most recent adjudication of

28  incapacitation or commitment.

29         d.  The department may disclose the collected data to

30  federal or state agencies for use exclusively in determining

31  the lawfulness of a firearm sale or transfer. The department

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 1  may also disclose any applicable collected data to the

 2  Department of Agriculture and Consumer Services for purposes

 3  of determining a person's eligibility for a concealed weapons

 4  or concealed firearms license upon receipt of an applicant

 5  fingerprint submission forwarded pursuant to s. 790.06(6)(a).

 6  If a potential buyer or transferee appeals a nonapproval based

 7  on such records, the clerks of court and mental institutions

 8  shall, upon request by the department, provide information to

 9  help determine whether the potential buyer or transferee is

10  the same person as the subject of the record. Photographs and

11  other data that may confirm or negate identity must be made

12  available to the department for such purposes, notwithstanding

13  any other provision of state law to the contrary. Information

14  that is made confidential or exempt from disclosure by law

15  shall remain confidential or exempt when transferred to the

16  department.

17         Section 2.  Subsections (4) and (5) of section 914.25,

18  Florida Statutes, are amended to read:

19         914.25  Protective services for certain victims and

20  witnesses.--

21         (4)(a)  When a victim or witness is certified as

22  provided in subsection (3), a law enforcement agency, in

23  consultation with the certifying state attorney or the

24  statewide prosecutor, may provide appropriate protective

25  services. If a victim or witness needs to be temporarily

26  relocated, the statewide prosecutor or the state attorney must

27  notify the Department of Law Enforcement. The Department of

28  Law Enforcement, in consultation with the statewide prosecutor

29  or the state attorney, and any other law enforcement agency

30  involved in the criminal investigation or prosecution, shall

31  coordinate the temporary relocation of the victim or witness.

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 1         (b)  Protective services, including temporary

 2  relocation services, may initially be provided for up to 1

 3  year or until the risk giving rise to the certification has

 4  diminished, whichever occurs sooner. If deemed necessary, The

 5  statewide prosecutor or the state attorney may, at the end of

 6  the certification year, recertify a victim or witness at risk

 7  of harm for an additional period of up to 1 year or until the

 8  risk giving rise to the certification has diminished,

 9  whichever occurs first. A victim or witness at risk of harm

10  may be certified and recertified annually as provided in this

11  section to provide a maximum of 4 years of eligibility for

12  protective services.

13         (5)  The lead law enforcement agency that provides

14  protective services, as authorized in this section, may seek

15  reimbursement for its reasonable expenses from the Victim and

16  Witness Protection Review Committee, pursuant to the

17  provisions of s. 943.031. This section does not prevent any

18  law enforcement agency from providing protective services at

19  the agency's expense beyond the 4-year maximum period

20  established in this section. Any additional expenditures for

21  protective services are not eligible for reimbursement under

22  this section.

23         Section 3.  Subsection (9) of section 932.7055, Florida

24  Statutes, is amended to read:

25         932.7055  Disposition of liens and forfeited

26  property.--

27         (9)(a)  Every law enforcement agency shall submit

28  semiannual reports to the Department of Law Enforcement

29  indicating whether the agency has seized or forfeited property

30  under the Florida Contraband Forfeiture Act.  Any law

31  enforcement agency receiving or expending forfeited property

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 1  or proceeds from the sale of forfeited property in accordance

 2  with the Florida Contraband Forfeiture Act shall submit

 3  completed semiannual reports, by April 10, and October 10,

 4  documenting the receipts and expenditures, on forms

 5  promulgated by the Department of Law Enforcement, to the

 6  entity which has budgetary authority over such agency and to

 7  the Department of Law Enforcement.  The semiannual report

 8  shall specify the type, approximate value, any court case

 9  number, type of offense, disposition of the property received,

10  and the amount of any proceeds received or expended.

11         (b)  The Department of Law Enforcement shall submit an

12  annual report to the criminal justice committees of the House

13  of Representatives and of the Senate compiling the information

14  and data related in the semiannual reports submitted by the

15  law enforcement agencies.  The annual report shall also

16  contain a list of law enforcement agencies which have failed

17  to meet the reporting requirements and a summary of any action

18  which has been taken against the noncomplying agency by the

19  Office of the Chief Financial Officer.

20         (c)  Neither the law enforcement agency nor the entity

21  having budgetary control over the law enforcement agency shall

22  anticipate future forfeitures or proceeds therefrom in the

23  adoption and approval of the budget for the law enforcement

24  agency.

25         Section 4.  Subsection (3) is added to section 937.021,

26  Florida Statutes, to read:

27         937.021  Missing child reports.--

28         (3)(a)  Upon receiving a request to record, report,

29  transmit, display, or release Amber Alert or Missing Child

30  Alert information from the law enforcement agency having

31  jurisdiction over the missing or endangered child, the

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 1  Department of Law Enforcement as the state Amber Alert

 2  coordinator; any state or local law enforcement agency and the

 3  personnel of these agencies; any radio or television network,

 4  broadcaster, or other media representative; any dealer of

 5  communications services as defined in s. 202.11; or any

 6  agency, employee, individual, or entity is immune from civil

 7  liability for damages for complying in good faith with the

 8  request and is presumed to have acted in good faith in

 9  recording, reporting, transmitting, displaying, or releasing

10  Amber Alert or Missing Child Alert information pertaining to

11  such child.

12         (b)  The presumption of good faith is not overcome if a

13  technical or clerical error is made by an agency, employee,

14  individual, or entity acting at the request of the local law

15  enforcement agency having jurisdiction, or if the Amber Alert

16  or Missing Child Alert information is incomplete or incorrect

17  because the information received from the local law

18  enforcement agency was incomplete or incorrect.

19         (c)  Neither this subsection nor any other provision of

20  law creates a duty of the agency, employee, individual, or

21  entity to record, report, transmit, display, or release the

22  Amber Alert or Missing Child Alert information received from

23  the local law enforcement agency having jurisdiction. The

24  decision to do so is discretionary with the agency, employee,

25  individual, or entity receiving that information from the

26  local law enforcement agency having jurisdiction.

27         Section 5.  Section 938.07, Florida Statutes, is

28  amended to read:

29         938.07  Driving or boating under the

30  influence.--Notwithstanding any other provision of s. 316.193

31  or s. 327.35, a court cost of $135 shall be added to any fine

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 1  imposed pursuant to s. 316.193 or s. 327.35. The clerks shall

 2  remit the funds to the Department of Revenue, $25 of which

 3  shall be deposited in the Emergency Medical Services Trust

 4  Fund, $50 shall be deposited in the Operating Criminal Justice

 5  Standards and Training Trust Fund of the Department of Law

 6  Enforcement to be used for operational expenses in conducting

 7  the statewide criminal analysis laboratory system established

 8  in s. 943.32, and $60 shall be deposited in the Brain and

 9  Spinal Cord Injury Rehabilitation Trust Fund created in s.

10  381.79.

11         Section 6.  Subsection (7) of section 938.27, Florida

12  Statutes, is amended to read:

13         938.27  Judgment for costs on conviction.--

14         (7)  Investigative costs that which are recovered shall

15  be returned to the appropriate investigative agency that which

16  incurred the expense. Such costs shall include actual expenses

17  incurred in conducting the investigation and prosecution of

18  the criminal case; however, costs may also include the

19  salaries of permanent employees. Any investigative costs

20  recovered on behalf of a state agency must be remitted to the

21  Department of Revenue for deposit in the agency operating

22  trust fund, and a report of the payment must be sent to the

23  agency, except that any investigative costs recovered on

24  behalf of the Department of Law Enforcement shall be deposited

25  in the department's Forfeiture and Investigative Support Trust

26  Fund under s. 943.362.

27         Section 7.  Paragraphs (g) and (h) are added to

28  subsection (2) of section 943.05, Florida Statutes, to read:

29         943.05  Criminal Justice Information Program; duties;

30  crime reports.--

31         (2)  The program shall:

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 1         (g)  As authorized by law, retain fingerprints

 2  submitted by criminal and noncriminal justice agencies to the

 3  department for a criminal history background screening in a

 4  manner provided by rule and enter the fingerprints in the

 5  statewide automated fingerprint identification system

 6  authorized by paragraph (b). Such fingerprints shall be

 7  available for all purposes and uses authorized for arrest

 8  fingerprint cards entered into the statewide automated

 9  fingerprint identification system pursuant to s. 943.051.

10         (h)  As authorized by law, search all arrest

11  fingerprint cards received under s. 943.051 against the

12  fingerprints retained in the statewide automated fingerprint

13  identification system under paragraph (g). Any arrest record

14  that is identified with the retained fingerprints of a person

15  subject to background screening as provided in paragraph (g)

16  shall be reported to the appropriate agency. Agencies may

17  participate in this search process by paying an annual fee to

18  the department and informing the department of any change in

19  the affiliation, employment, contractual status, or place of

20  affiliation, employment, or contracting of the persons whose

21  fingerprints are retained under paragraph (g). The department

22  shall adopt a rule setting the amount of the annual fee to be

23  imposed upon each participating agency for performing searches

24  and establishing the procedures for the retention of

25  fingerprints and the dissemination of search results. The fee

26  may be borne as provided by law. Fees may be waived or reduced

27  by the executive director for good cause shown. Consistent

28  with the recognition of criminal justice agencies expressed in

29  s. 943.053(3), these services shall be provided to criminal

30  justice agencies for criminal justice purposes free of charge.

31  

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 1         Section 8.  Subsection (2) of section 943.052, Florida

 2  Statutes, is amended to read:

 3         943.052  Disposition reporting.--The Criminal Justice

 4  Information Program shall, by rule, establish procedures and a

 5  format for each criminal justice agency to monitor its records

 6  and submit reports, as provided by this section, to the

 7  program.  The disposition report shall be developed by the

 8  program and shall include the offender-based transaction

 9  system number.

10         (2)  Each clerk of the court shall submit the uniform

11  dispositions to the program or in a manner acceptable to the

12  program. The report shall be submitted at least once a month

13  and, when acceptable by the program, may be submitted in an

14  automated format. The disposition report is mandatory for

15  dispositions relating to adult offenders only. Beginning July

16  1, 2008, a disposition report for each disposition relating to

17  a minor offender is mandatory.

18         Section 9.  Subsections (2) and (5) of section 68.07,

19  Florida Statutes, are amended to read:

20         68.07  Change of name.--

21         (2)  The petition shall include a set copy of the

22  petitioner's fingerprints taken by a law enforcement agency

23  except where a former name is being restored and be verified

24  and show:

25         (a)  That petitioner is a bona fide resident of and

26  domiciled in the county where the change of name is sought.

27         (b)  If known, the date and place of birth of

28  petitioner, petitioner's father's name, mother's maiden name,

29  and where petitioner has resided since birth.

30  

31  

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 1         (c)  If petitioner is married, the name of petitioner's

 2  spouse and if petitioner has children, the names and ages of

 3  each and where they reside.

 4         (d)  If petitioner's name has previously been changed

 5  and when and where and by what court.

 6         (e)  Petitioner's occupation and where petitioner is

 7  employed and has been employed for 5 years next preceding

 8  filing of the petition. If petitioner owns and operates a

 9  business, the name and place of it shall be stated and

10  petitioner's connection therewith and how long petitioner has

11  been identified with said business. If petitioner is in a

12  profession, the profession shall be stated, where the

13  petitioner has practiced the profession and if a graduate of a

14  school or schools, the name or names thereof, time of

15  graduation, and degrees received.

16         (f)  Whether the petitioner has been generally known or

17  called by any other names and if so, by what names and where.

18         (g)  Whether petitioner has ever been adjudicated a

19  bankrupt and if so, where and when.

20         (h)  Whether petitioner has ever been arrested for or

21  charged with, pled guilty or nolo contendere to, or been found

22  to have committed a criminal offense, regardless of

23  adjudication, and if so, when and where.

24         (i)  Whether any money judgment has ever been entered

25  against petitioner and if so, the name of the judgment

26  creditor, the amount and date thereof, the court by which

27  entered, and whether the judgment has been satisfied.

28         (j)  That the petition is filed for no ulterior or

29  illegal purpose and granting it will not in any manner invade

30  the property rights of others, whether partnership, patent,

31  good will, privacy, trademark, or otherwise.

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 1         (k)  That the petitioner's civil rights have never been

 2  suspended, or if the petitioner's civil rights have been

 3  suspended, that full restoration of civil rights has occurred.

 4         (5)  The clerk must, upon the filing of the final

 5  judgment, send a report of the judgment to the Department of

 6  Law Enforcement on a form to be furnished by that department.

 7  The Department of Law Enforcement must send a copy of the

 8  report to the Department of Highway Safety and Motor Vehicles,

 9  which may be delivered by electronic transmission. The report

10  must contain sufficient information to identify the

11  petitioner, including a set copy of the petitioner's

12  fingerprints taken by a law enforcement agency, the new name

13  of the petitioner, and the file number of the judgment. Any

14  information retained by the Department of Law Enforcement and

15  the Department of Highway Safety and Motor Vehicles may be

16  revised or supplemented by said departments to reflect changes

17  made by the final judgment. With respect to a person convicted

18  of a felony in another state or of a federal offense, the

19  Department of Law Enforcement must send the report to the

20  respective state's office of law enforcement records or to the

21  office of the Federal Bureau of Investigation. The Department

22  of Law Enforcement may forward the report to any other law

23  enforcement agency it believes may retain information related

24  to the petitioner. Any costs associated with fingerprinting

25  must be paid by the petitioner.

26         Section 10.  Present subsections (5), (6), (7), (8),

27  and (9) of section 943.053, Florida Statutes, are redesignated

28  as subsections (6), (7), (8), (9), and (10), respectively, and

29  new subsections (5), (11), and (12) are added to that section,

30  to read:

31  

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 1         943.053  Dissemination of criminal justice information;

 2  fees.--

 3         (5)  Notwithstanding s. 943.0525, and any user

 4  agreement adopted pursuant thereto, and notwithstanding the

 5  confidentiality of sealed records as provided in s. 943.059,

 6  the department shall make criminal justice information

 7  available on-line to each judge in the state court system in

 8  order to assist the judge in case-related decisionmaking.

 9  On-line access shall be provided without charge to the state

10  court system. Sealed records received by courts under this

11  section remain confidential and exempt from s. 119.07(1). The

12  information provided pursuant to this subsection does not

13  replace any information required to be provided to the courts

14  by any other agency or entity. Information provided under this

15  subsection may be used only for the official court business

16  for which it was requested and may not be further

17  disseminated.

18         (11)  A criminal justice agency that is authorized

19  under federal rules or law to conduct a criminal history

20  background check on an agency employee who is not certified by

21  the Criminal Justice Standards and Training Commission under

22  s. 943.12 may submit to the department the fingerprints of the

23  noncertified employee to obtain state and national criminal

24  history information. Effective January 15, 2007, fingerprints

25  submitted shall be retained and entered in the statewide

26  automated fingerprint identification system authorized by s.

27  943.05 and shall be available for all purposes and uses

28  authorized for arrest fingerprint cards entered in the

29  statewide automated fingerprint identification system pursuant

30  to s. 943.051. The department shall search all arrest

31  fingerprint cards received pursuant to s. 943.051 against the

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 1  fingerprints retained in the statewide automated fingerprint

 2  identification system pursuant to this section. In addition to

 3  the purposes and uses authorized for arrest fingerprint cards

 4  for which submitted fingerprints may be used, any arrest

 5  record that is identified with the retained employee

 6  fingerprints must be reported to the submitting employing

 7  agency.

 8         (12)  Notwithstanding any other provision of law, when

 9  a criminal history check or a duty to disclose the absence of

10  a criminal history check is mandated by state law or when a

11  privilege or benefit is conferred by state law in return for

12  exercising an option of conducting a criminal history check,

13  the referenced criminal history check, whether an initial or

14  renewal check, shall include the state criminal history

15  provided by the department as set forth in this section. Such

16  criminal history information may be provided by a private

17  vendor only if that information is directly obtained from the

18  department for each request. A national criminal history check

19  that is required or authorized by state law shall be submitted

20  by and through the department in the manner established by the

21  department for such checks, unless otherwise required by

22  federal law. The fee for criminal history information as

23  established by state law or, in the case of national checks,

24  by the Federal Government, shall be borne by the person or

25  entity submitting the request, or as provided by law. Criminal

26  history information provided by any other governmental entity

27  of this state or any private entity may not be substituted for

28  criminal history information provided by the department if the

29  criminal history check or a duty to disclose the absence of a

30  criminal history check is required by statute or is made a

31  condition of a privilege or benefit by law.

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 1         Section 11.  Section 943.0585, Florida Statutes, is

 2  amended to read:

 3         943.0585  Court-ordered expunction of criminal history

 4  records.--The courts of this state have jurisdiction over

 5  their own procedures, including the maintenance, expunction,

 6  and correction of judicial records containing criminal history

 7  information to the extent such procedures are not inconsistent

 8  with the conditions, responsibilities, and duties established

 9  by this section. Any court of competent jurisdiction may order

10  a criminal justice agency to expunge the criminal history

11  record of a minor or an adult who complies with the

12  requirements of this section. The court shall not order a

13  criminal justice agency to expunge a criminal history record

14  until the person seeking to expunge a criminal history record

15  has applied for and received a certificate of eligibility for

16  expunction pursuant to subsection (2). A criminal history

17  record that relates to a violation of s. 393.135, s. 394.4593,

18  s. 787.025, chapter 794, s. 796.03, s. 800.04, s. 810.14, s.

19  817.034, s. 825.1025, s. 827.071, chapter 839, s. 847.0133, s.

20  847.0135, s. 847.0145, s. 893.135,  s. 916.1075, or a

21  violation enumerated in s. 907.041, or any violation specified

22  as a predicate offense for registration as a sexual predator

23  pursuant to s. 775.21, without regard to whether that offense

24  alone is sufficient to require such registration, or as a

25  sexual offender pursuant to s. 943.0435, may not be expunged,

26  without regard to whether adjudication was withheld, if the

27  defendant was found guilty of or pled guilty or nolo

28  contendere to the offense, or if the defendant, as a minor,

29  was found to have committed, or pled guilty or nolo contendere

30  to committing, the offense as a delinquent act. The court may

31  only order expunction of a criminal history record pertaining

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 1  to one arrest or one incident of alleged criminal activity,

 2  except as provided in this section. The court may, at its sole

 3  discretion, order the expunction of a criminal history record

 4  pertaining to more than one arrest if the additional arrests

 5  directly relate to the original arrest. If the court intends

 6  to order the expunction of records pertaining to such

 7  additional arrests, such intent must be specified in the

 8  order. A criminal justice agency may not expunge any record

 9  pertaining to such additional arrests if the order to expunge

10  does not articulate the intention of the court to expunge a

11  record pertaining to more than one arrest. This section does

12  not prevent the court from ordering the expunction of only a

13  portion of a criminal history record pertaining to one arrest

14  or one incident of alleged criminal activity. Notwithstanding

15  any law to the contrary, a criminal justice agency may comply

16  with laws, court orders, and official requests of other

17  jurisdictions relating to expunction, correction, or

18  confidential handling of criminal history records or

19  information derived therefrom. This section does not confer

20  any right to the expunction of any criminal history record,

21  and any request for expunction of a criminal history record

22  may be denied at the sole discretion of the court.

23         (1)  PETITION TO EXPUNGE A CRIMINAL HISTORY

24  RECORD.--Each petition to a court to expunge a criminal

25  history record is complete only when accompanied by:

26         (a)  A valid certificate of eligibility for expunction

27  issued by the department pursuant to subsection (2).

28         (b)  The petitioner's sworn statement attesting that

29  the petitioner:

30         1.  Has never, prior to the date on which the petition

31  is filed, been adjudicated guilty of a criminal offense or

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 1  comparable ordinance violation, or been adjudicated delinquent

 2  for committing any a felony or a misdemeanor specified in s.

 3  943.051(3)(b).

 4         2.  Has not been adjudicated guilty of, or adjudicated

 5  delinquent for committing, any of the acts stemming from the

 6  arrest or alleged criminal activity to which the petition

 7  pertains.

 8         3.  Has never secured a prior sealing or expunction of

 9  a criminal history record under this section, former s.

10  893.14, former s. 901.33, or former s. 943.058, or from any

11  jurisdiction outside the state, unless the expunction is

12  sought for a criminal history record that was previously

13  sealed for 10 years pursuant to paragraph (2)(h) and the

14  record is otherwise eligible for expunction.

15         4.  Is eligible for such an expunction to the best of

16  his or her knowledge or belief and does not have any other

17  petition to expunge or any petition to seal pending before any

18  court.

19  

20  Any person who knowingly provides false information on such

21  sworn statement to the court commits a felony of the third

22  degree, punishable as provided in s. 775.082, s. 775.083, or

23  s. 775.084.

24         (2)  CERTIFICATE OF ELIGIBILITY FOR EXPUNCTION.--Prior

25  to petitioning the court to expunge a criminal history record,

26  a person seeking to expunge a criminal history record shall

27  apply to the department for a certificate of eligibility for

28  expunction. The department shall, by rule adopted pursuant to

29  chapter 120, establish procedures pertaining to the

30  application for and issuance of certificates of eligibility

31  for expunction. A certificate of eligibility for expunction is

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 1  valid for 12 months after the date stamped on the certificate

 2  when issued by the Department of Law Enforcement. After that

 3  time, the petitioner must reapply to the department for a new

 4  certificate of eligibility. Eligibility for a renewed

 5  certification of eligibility must be based on the status of

 6  the applicant and the law in effect at the time of the renewal

 7  application. The department shall issue a certificate of

 8  eligibility for expunction to a person who is the subject of a

 9  criminal history record if that person:

10         (a)  Has obtained, and submitted to the department, a

11  written, certified statement from the appropriate state

12  attorney or statewide prosecutor which indicates:

13         1.  That an indictment, information, or other charging

14  document was not filed or issued in the case.

15         2.  That an indictment, information, or other charging

16  document, if filed or issued in the case, was dismissed or

17  nolle prosequi by the state attorney or statewide prosecutor,

18  or was dismissed by a court of competent jurisdiction, and

19  that none of the charges related to the arrest or alleged

20  criminal activity to which the petition to expunge pertains

21  resulted in a trial, without regard to whether the outcome of

22  the trial was other than an adjudication of guilt.

23         3.  That the criminal history record does not relate to

24  a violation of s. 393.135, s. 394.4593, s. 787.025, chapter

25  794, s. 796.03, s. 800.04, s. 810.14, s. 817.034, s. 825.1025,

26  s. 827.071, chapter 839, s. 847.0133, s. 847.0135, s.

27  847.0145, s. 893.135, s. 916.1075, or a violation enumerated

28  in s. 907.041, or any violation specified as a predicate

29  offense for registration as a sexual predator pursuant to s.

30  775.21, without regard to whether that offense alone is

31  sufficient to require such registration, or as a sexual

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 1  offender pursuant to s. 943.0435, where the defendant was

 2  found guilty of, or pled guilty or nolo contendere to any such

 3  offense, or that the defendant, as a minor, was found to have

 4  committed, or pled guilty or nolo contendere to committing,

 5  such an offense as a delinquent act, without regard to whether

 6  adjudication was withheld.

 7         (b)  Remits a $75 processing fee to the department for

 8  placement in the Department of Law Enforcement Operating Trust

 9  Fund, unless such fee is waived by the executive director.

10         (c)  Has submitted to the department a certified copy

11  of the disposition of the charge to which the petition to

12  expunge pertains.

13         (d)  Has never, prior to the date on which the

14  application for a certificate of eligibility is filed, been

15  adjudicated guilty of a criminal offense or comparable

16  ordinance violation, or been adjudicated delinquent for

17  committing any a felony or a misdemeanor specified in s.

18  943.051(3)(b).

19         (e)  Has not been adjudicated guilty of, or adjudicated

20  delinquent for committing, any of the acts stemming from the

21  arrest or alleged criminal activity to which the petition to

22  expunge pertains.

23         (f)  Has never secured a prior sealing or expunction of

24  a criminal history record under this section, former s.

25  893.14, former s. 901.33, or former s. 943.058, unless

26  expunction is sought of a criminal history record previously

27  sealed for 10 years pursuant to paragraph (h) and the record

28  is otherwise eligible for expunction.

29         (g)  Is no longer under court supervision applicable to

30  the disposition of the arrest or alleged criminal activity to

31  which the petition to expunge pertains.

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 1         (h)  Has previously obtained a court order sealing the

 2  record under this section, former s. 893.14, former s. 901.33,

 3  or former s. 943.058 for a minimum of 10 years because

 4  adjudication was withheld or because all charges related to

 5  the arrest or alleged criminal activity to which the petition

 6  to expunge pertains were not dismissed prior to trial, without

 7  regard to whether the outcome of the trial was other than an

 8  adjudication of guilt. The requirement for the record to have

 9  previously been sealed for a minimum of 10 years does not

10  apply when a plea was not entered or all charges related to

11  the arrest or alleged criminal activity to which the petition

12  to expunge pertains were dismissed prior to trial. Is not

13  required to wait a minimum of 10 years prior to being eligible

14  for an expunction of such records because all charges related

15  to the arrest or criminal activity to which the petition to

16  expunge pertains were dismissed prior to trial, adjudication,

17  or the withholding of adjudication. Otherwise, such criminal

18  history record must be sealed under this section, former s.

19  893.14, former s. 901.33, or former s. 943.058 for at least 10

20  years before such record is eligible for expunction.

21         (3)  PROCESSING OF A PETITION OR ORDER TO EXPUNGE.--

22         (a)  In judicial proceedings under this section, a copy

23  of the completed petition to expunge shall be served upon the

24  appropriate state attorney or the statewide prosecutor and

25  upon the arresting agency; however, it is not necessary to

26  make any agency other than the state a party. The appropriate

27  state attorney or the statewide prosecutor and the arresting

28  agency may respond to the court regarding the completed

29  petition to expunge.

30         (b)  If relief is granted by the court, the clerk of

31  the court shall certify copies of the order to the appropriate

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 1  state attorney or the statewide prosecutor and the arresting

 2  agency. The arresting agency is responsible for forwarding the

 3  order to any other agency to which the arresting agency

 4  disseminated the criminal history record information to which

 5  the order pertains. The department shall forward the order to

 6  expunge to the Federal Bureau of Investigation. The clerk of

 7  the court shall certify a copy of the order to any other

 8  agency which the records of the court reflect has received the

 9  criminal history record from the court.

10         (c)  For an order to expunge entered by a court prior

11  to July 1, 1992, the department shall notify the appropriate

12  state attorney or statewide prosecutor of an order to expunge

13  which is contrary to law because the person who is the subject

14  of the record has previously been convicted of a crime or

15  comparable ordinance violation or has had a prior criminal

16  history record sealed or expunged. Upon receipt of such

17  notice, the appropriate state attorney or statewide prosecutor

18  shall take action, within 60 days, to correct the record and

19  petition the court to void the order to expunge. The

20  department shall seal the record until such time as the order

21  is voided by the court.

22         (d)  On or after July 1, 1992, the department or any

23  other criminal justice agency is not required to act on an

24  order to expunge entered by a court when such order does not

25  comply with the requirements of this section. Upon receipt of

26  such an order, the department must notify the issuing court,

27  the appropriate state attorney or statewide prosecutor, the

28  petitioner or the petitioner's attorney, and the arresting

29  agency of the reason for noncompliance. The appropriate state

30  attorney or statewide prosecutor shall take action within 60

31  days to correct the record and petition the court to void the

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 1  order. No cause of action, including contempt of court, shall

 2  arise against any criminal justice agency for failure to

 3  comply with an order to expunge when the petitioner for such

 4  order failed to obtain the certificate of eligibility as

 5  required by this section or such order does not otherwise

 6  comply with the requirements of this section.

 7         (4)  EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.--Any

 8  criminal history record of a minor or an adult which is

 9  ordered expunged by a court of competent jurisdiction pursuant

10  to this section must be physically destroyed or obliterated by

11  any criminal justice agency having custody of such record;

12  except that any criminal history record in the custody of the

13  department must be retained in all cases. A criminal history

14  record ordered expunged that is retained by the department is

15  confidential and exempt from the provisions of s. 119.07(1)

16  and s. 24(a), Art. I of the State Constitution and not

17  available to any person or entity except upon order of a court

18  of competent jurisdiction. A criminal justice agency may

19  retain a notation indicating compliance with an order to

20  expunge.

21         (a)  The person who is the subject of a criminal

22  history record that is expunged under this section or under

23  other provisions of law, including former s. 893.14, former s.

24  901.33, and former s. 943.058, may lawfully deny or fail to

25  acknowledge the arrests covered by the expunged record, except

26  when the subject of the record:

27         1.  Is a candidate for employment with a criminal

28  justice agency;

29         2.  Is a defendant in a criminal prosecution;

30         3.  Concurrently or subsequently petitions for relief

31  under this section or s. 943.059;

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 1         4.  Is a candidate for admission to The Florida Bar;

 2         5.  Is seeking to be employed or licensed by or to

 3  contract with the Department of Children and Family Services

 4  or the Department of Juvenile Justice or to be employed or

 5  used by such contractor or licensee in a sensitive position

 6  having direct contact with children, the developmentally

 7  disabled, the aged, or the elderly as provided in s.

 8  110.1127(3), s. 393.063, s. 394.4572(1), s. 397.451, s.

 9  402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4), s.

10  916.106(10) and (13), s. 985.407, or chapter 400; or

11         6.  Is seeking to be employed or licensed by the

12  Department of Education, any district school board, any

13  university laboratory school, any charter school, any private

14  or parochial school, or any local governmental entity that

15  licenses child care facilities; or.

16         7.  Is seeking authorization from a Florida seaport

17  identified in s. 311.09 for employment within or access to one

18  or more of such seaports, pursuant to s. 311.12 or s. 311.125.

19         (b)  Subject to the exceptions in paragraph (a), a

20  person who has been granted an expunction under this section,

21  former s. 893.14, former s. 901.33, or former s. 943.058 may

22  not be held under any provision of law of this state to commit

23  perjury or to be otherwise liable for giving a false statement

24  by reason of such person's failure to recite or acknowledge an

25  expunged criminal history record.

26         (c)  Information relating to the existence of an

27  expunged criminal history record which is provided in

28  accordance with paragraph (a) is confidential and exempt from

29  the provisions of s. 119.07(1) and s. 24(a), Art. I of the

30  State Constitution, except that the department shall disclose

31  the existence of a criminal history record ordered expunged to

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 1  the entities set forth in subparagraphs (a)1., 4., 5., and 6.,

 2  and 7. for their respective licensing, access authorization,

 3  and employment purposes, and to criminal justice agencies for

 4  their respective criminal justice purposes. It is unlawful for

 5  any employee of an entity set forth in subparagraph (a)1.,

 6  subparagraph (a)4., subparagraph (a)5., or subparagraph (a)6.,

 7  or subparagraph (a)7. to disclose information relating to the

 8  existence of an expunged criminal history record of a person

 9  seeking employment, access authorization, or licensure with

10  such entity or contractor, except to the person to whom the

11  criminal history record relates or to persons having direct

12  responsibility for employment, access authorization, or

13  licensure decisions. Any person who violates this paragraph

14  commits a misdemeanor of the first degree, punishable as

15  provided in s. 775.082 or s. 775.083.

16         (5)  STATUTORY REFERENCES.--Any reference to any other

17  chapter, section, or subdivision of the Florida Statutes in

18  this section constitutes a general reference under the

19  doctrine of incorporation by reference.

20         Section 12.  Section 943.059, Florida Statutes, is

21  amended to read:

22         943.059  Court-ordered sealing of criminal history

23  records.--The courts of this state shall continue to have

24  jurisdiction over their own procedures, including the

25  maintenance, sealing, and correction of judicial records

26  containing criminal history information to the extent such

27  procedures are not inconsistent with the conditions,

28  responsibilities, and duties established by this section. Any

29  court of competent jurisdiction may order a criminal justice

30  agency to seal the criminal history record of a minor or an

31  adult who complies with the requirements of this section. The

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 1  court shall not order a criminal justice agency to seal a

 2  criminal history record until the person seeking to seal a

 3  criminal history record has applied for and received a

 4  certificate of eligibility for sealing pursuant to subsection

 5  (2). A criminal history record that relates to a violation of

 6  s. 393.135, s. 394.4593, s. 787.025, chapter 794, s. 796.03,

 7  s. 800.04, s. 810.14, s. 817.034, s. 825.1025, s. 827.071,

 8  chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s.

 9  893.135, s. 916.1075, or a violation enumerated in s. 907.041,

10  or any violation specified as a predicate offense for

11  registration as a sexual predator pursuant to s. 775.21,

12  without regard to whether that offense alone is sufficient to

13  require such registration, or as a sexual offender pursuant to

14  s. 943.0435, may not be sealed, without regard to whether

15  adjudication was withheld, if the defendant was found guilty

16  of or pled guilty or nolo contendere to the offense, or if the

17  defendant, as a minor, was found to have committed or pled

18  guilty or nolo contendere to committing the offense as a

19  delinquent act. The court may only order sealing of a criminal

20  history record pertaining to one arrest or one incident of

21  alleged criminal activity, except as provided in this section.

22  The court may, at its sole discretion, order the sealing of a

23  criminal history record pertaining to more than one arrest if

24  the additional arrests directly relate to the original arrest.

25  If the court intends to order the sealing of records

26  pertaining to such additional arrests, such intent must be

27  specified in the order. A criminal justice agency may not seal

28  any record pertaining to such additional arrests if the order

29  to seal does not articulate the intention of the court to seal

30  records pertaining to more than one arrest. This section does

31  not prevent the court from ordering the sealing of only a

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 1  portion of a criminal history record pertaining to one arrest

 2  or one incident of alleged criminal activity. Notwithstanding

 3  any law to the contrary, a criminal justice agency may comply

 4  with laws, court orders, and official requests of other

 5  jurisdictions relating to sealing, correction, or confidential

 6  handling of criminal history records or information derived

 7  therefrom. This section does not confer any right to the

 8  sealing of any criminal history record, and any request for

 9  sealing a criminal history record may be denied at the sole

10  discretion of the court.

11         (1)  PETITION TO SEAL A CRIMINAL HISTORY RECORD.--Each

12  petition to a court to seal a criminal history record is

13  complete only when accompanied by:

14         (a)  A valid certificate of eligibility for sealing

15  issued by the department pursuant to subsection (2).

16         (b)  The petitioner's sworn statement attesting that

17  the petitioner:

18         1.  Has never, prior to the date on which the petition

19  is filed, been adjudicated guilty of a criminal offense or

20  comparable ordinance violation, or been adjudicated delinquent

21  for committing any a felony or misdemeanor specified in s.

22  943.051(3)(b).

23         2.  Has not been adjudicated guilty of or adjudicated

24  delinquent for committing any of the acts stemming from the

25  arrest or alleged criminal activity to which the petition to

26  seal pertains.

27         3.  Has never secured a prior sealing or expunction of

28  a criminal history record under this section, former s.

29  893.14, former s. 901.33, former s. 943.058, or from any

30  jurisdiction outside the state.

31  

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 1         4.  Is eligible for such a sealing to the best of his

 2  or her knowledge or belief and does not have any other

 3  petition to seal or any petition to expunge pending before any

 4  court.

 5  

 6  Any person who knowingly provides false information on such

 7  sworn statement to the court commits a felony of the third

 8  degree, punishable as provided in s. 775.082, s. 775.083, or

 9  s. 775.084.

10         (2)  CERTIFICATE OF ELIGIBILITY FOR SEALING.--Prior to

11  petitioning the court to seal a criminal history record, a

12  person seeking to seal a criminal history record shall apply

13  to the department for a certificate of eligibility for

14  sealing. A certificate of eligibility for sealing is valid for

15  12 months after the date stamped on the certificate when

16  issued by the Department of Law Enforcement. After that time,

17  the petitioner must reapply to the department for a new

18  certificate of eligibility. Eligibility for a renewed

19  certification of eligibility must be based on the status of

20  the applicant and the law in effect at the time of the renewal

21  application. The department shall, by rule adopted pursuant to

22  chapter 120, establish procedures pertaining to the

23  application for and issuance of certificates of eligibility

24  for sealing. The department shall issue a certificate of

25  eligibility for sealing to a person who is the subject of a

26  criminal history record provided that such person:

27         (a)  Has submitted to the department a certified copy

28  of the disposition of the charge to which the petition to seal

29  pertains.

30  

31  

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 1         (b)  Remits a $75 processing fee to the department for

 2  placement in the Department of Law Enforcement Operating Trust

 3  Fund, unless such fee is waived by the executive director.

 4         (c)  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         (d)  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  seal pertains.

14         (e)  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.

17         (f)  Is no longer under court supervision applicable to

18  the disposition of the arrest or alleged criminal activity to

19  which the petition to seal pertains.

20         (3)  PROCESSING OF A PETITION OR ORDER TO SEAL.--

21         (a)  In judicial proceedings under this section, a copy

22  of the completed petition to seal shall be served upon the

23  appropriate state attorney or the statewide prosecutor and

24  upon the arresting agency; however, it is not necessary to

25  make any agency other than the state a party. The appropriate

26  state attorney or the statewide prosecutor and the arresting

27  agency may respond to the court regarding the completed

28  petition to seal.

29         (b)  If relief is granted by the court, the clerk of

30  the court shall certify copies of the order to the appropriate

31  state attorney or the statewide prosecutor and to the

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 1  arresting agency. The arresting agency is responsible for

 2  forwarding the order to any other agency to which the

 3  arresting agency disseminated the criminal history record

 4  information to which the order pertains. The department shall

 5  forward the order to seal to the Federal Bureau of

 6  Investigation. The clerk of the court shall certify a copy of

 7  the order to any other agency which the records of the court

 8  reflect has received the criminal history record from the

 9  court.

10         (c)  For an order to seal entered by a court prior to

11  July 1, 1992, the department shall notify the appropriate

12  state attorney or statewide prosecutor of any order to seal

13  which is contrary to law because the person who is the subject

14  of the record has previously been convicted of a crime or

15  comparable ordinance violation or has had a prior criminal

16  history record sealed or expunged. Upon receipt of such

17  notice, the appropriate state attorney or statewide prosecutor

18  shall take action, within 60 days, to correct the record and

19  petition the court to void the order to seal. The department

20  shall seal the record until such time as the order is voided

21  by the court.

22         (d)  On or after July 1, 1992, the department or any

23  other criminal justice agency is not required to act on an

24  order to seal entered by a court when such order does not

25  comply with the requirements of this section. Upon receipt of

26  such an order, the department must notify the issuing court,

27  the appropriate state attorney or statewide prosecutor, the

28  petitioner or the petitioner's attorney, and the arresting

29  agency of the reason for noncompliance. The appropriate state

30  attorney or statewide prosecutor shall take action within 60

31  days to correct the record and petition the court to void the

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 1  order. No cause of action, including contempt of court, shall

 2  arise against any criminal justice agency for failure to

 3  comply with an order to seal when the petitioner for such

 4  order failed to obtain the certificate of eligibility as

 5  required by this section or when such order does not comply

 6  with the requirements of this section.

 7         (e)  An order sealing a criminal history record

 8  pursuant to this section does not require that such record be

 9  surrendered to the court, and such record shall continue to be

10  maintained by the department and other criminal justice

11  agencies.

12         (4)  EFFECT OF CRIMINAL HISTORY RECORD SEALING.--A

13  criminal history record of a minor or an adult which is

14  ordered sealed by a court of competent jurisdiction pursuant

15  to this section is confidential and exempt from the provisions

16  of s. 119.07(1) and s. 24(a), Art. I of the State Constitution

17  and is available only to the person who is the subject of the

18  record, to the subject's attorney, to criminal justice

19  agencies for their respective criminal justice purposes, which

20  include conducting a criminal history background check for

21  approval of firearms purchases or transfers as authorized by

22  state or federal law, or to those entities set forth in

23  subparagraphs (a)1., 4., 5., and 6., and 8. for their

24  respective licensing, access authorization, and employment

25  purposes.

26         (a)  The subject of a criminal history record sealed

27  under this section or under other provisions of law, including

28  former s. 893.14, former s. 901.33, and former s. 943.058, may

29  lawfully deny or fail to acknowledge the arrests covered by

30  the sealed record, except when the subject of the record:

31  

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 1         1.  Is a candidate for employment with a criminal

 2  justice agency;

 3         2.  Is a defendant in a criminal prosecution;

 4         3.  Concurrently or subsequently petitions for relief

 5  under this section or s. 943.0585;

 6         4.  Is a candidate for admission to The Florida Bar;

 7         5.  Is seeking to be employed or licensed by or to

 8  contract with the Department of Children and Family Services

 9  or the Department of Juvenile Justice or to be employed or

10  used by such contractor or licensee in a sensitive position

11  having direct contact with children, the developmentally

12  disabled, the aged, or the elderly as provided in s.

13  110.1127(3), s. 393.063, s. 394.4572(1), s. 397.451, s.

14  402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4), s.

15  415.103, s. 916.106(10) and (13), s. 985.407, or chapter 400;

16  or

17         6.  Is seeking to be employed or licensed by the

18  Department of Education, any district school board, any

19  university laboratory school, any charter school, any private

20  or parochial school, or any local governmental entity that

21  licenses child care facilities;.

22         7.  Is attempting to purchase a firearm from a licensed

23  importer, licensed manufacturer, or licensed dealer and is

24  subject to a criminal history background check under state or

25  federal law; or

26         8.  Is seeking authorization from a Florida seaport

27  identified in s. 311.09 for employment within or access to one

28  or more of such seaports, pursuant to s. 311.12 or s. 311.125.

29         (b)  Subject to the exceptions in paragraph (a), a

30  person who has been granted a sealing under this section,

31  former s. 893.14, former s. 901.33, or former s. 943.058 may

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 1  not be held under any provision of law of this state to commit

 2  perjury or to be otherwise liable for giving a false statement

 3  by reason of such person's failure to recite or acknowledge a

 4  sealed criminal history record.

 5         (c)  Information relating to the existence of a sealed

 6  criminal record provided in accordance with the provisions of

 7  paragraph (a) is confidential and exempt from the provisions

 8  of s. 119.07(1) and s. 24(a), Art. I of the State

 9  Constitution, except that the department shall disclose the

10  sealed criminal history record to the entities set forth in

11  subparagraphs (a)1., 4., 5., and 6., and 8. for their

12  respective licensing, access authorization, and employment

13  purposes. It is unlawful for any employee of an entity set

14  forth in subparagraph (a)1., subparagraph (a)4., subparagraph

15  (a)5., or subparagraph (a)6., or subparagraph (a)8. to

16  disclose information relating to the existence of a sealed

17  criminal history record of a person seeking employment, access

18  authorization, or licensure with such entity or contractor,

19  except to the person to whom the criminal history record

20  relates or to persons having direct responsibility for

21  employment, access authorization, or licensure decisions. Any

22  person who violates the provisions of this paragraph commits a

23  misdemeanor of the first degree, punishable as provided in s.

24  775.082 or s. 775.083.

25         (5)  STATUTORY REFERENCES.--Any reference to any other

26  chapter, section, or subdivision of the Florida Statutes in

27  this section constitutes a general reference under the

28  doctrine of incorporation by reference.

29         Section 13.  Subsection (5) of section 943.13, Florida

30  Statutes, is amended to read:

31  

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 1         943.13  Officers' minimum qualifications for employment

 2  or appointment.--On or after October 1, 1984, any person

 3  employed or appointed as a full-time, part-time, or auxiliary

 4  law enforcement officer or correctional officer; on or after

 5  October 1, 1986, any person employed as a full-time,

 6  part-time, or auxiliary correctional probation officer; and on

 7  or after October 1, 1986, any person employed as a full-time,

 8  part-time, or auxiliary correctional officer by a private

 9  entity under contract to the Department of Corrections, to a

10  county commission, or to the Department of Management Services

11  shall:

12         (5)  Have documentation of his or her processed

13  fingerprints on file with the employing agency or, if a

14  private correctional officer, have documentation of his or her

15  processed fingerprints on file with the Department of

16  Corrections or the Criminal Justice Standards and Training

17  Commission. If administrative delays are caused by the

18  department or the Federal Bureau of Investigation and the

19  person has complied with subsections (1)-(4) and (6)-(9), he

20  or she may be employed or appointed for a period not to exceed

21  1 calendar year from the date he or she was employed or

22  appointed or until return of the processed fingerprints

23  documenting noncompliance with subsections (1)-(4) or

24  subsection (7), whichever occurs first. Beginning January 15,

25  2007, the department shall retain and enter into the statewide

26  automated fingerprint identification system authorized by s.

27  943.05 all fingerprints submitted to the department as

28  required by this section. Thereafter, the fingerprints shall

29  be available for all purposes and uses authorized for arrest

30  fingerprint cards entered in the statewide automated

31  fingerprint identification system pursuant to s. 943.051. The

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 1  department shall search all arrest fingerprints cards received

 2  pursuant to s. 943.051 against the fingerprints retained in

 3  the statewide automated fingerprint identification system

 4  pursuant to this section and report to the employing agency

 5  any arrest records that are identified with the retained

 6  employee's fingerprints. By January 1, 2008, a person who must

 7  meet the minimum qualifications provided in this section and

 8  whose fingerprints are not retained by the department pursuant

 9  to this section must be refingerprinted. These fingerprints

10  must be forwarded to the department for processing and

11  retention.

12         Section 14.  Section 943.1715, Florida Statutes, is

13  amended to read:

14         943.1715  Basic skills training relating to diverse

15  populations.--The commission shall establish and maintain

16  standards for instruction of officers in the subject of

17  interpersonal skills relating to diverse populations, with an

18  emphasis on the awareness of cultural differences. Every basic

19  skills course required in order for officers to obtain initial

20  certification must include a minimum of 8 hours training in

21  interpersonal skills with diverse populations.

22         Section 15.  Section 943.1716, Florida Statutes, is

23  amended to read:

24         943.1716  Continued employment training relating to

25  diverse populations.--The commission shall by rule require

26  that each officer receive, as part of the 40 hours of required

27  instruction for continued employment or appointment as an

28  officer, 8 hours of instruction in the subject of

29  interpersonal skills relating to diverse populations, with an

30  emphasis on the awareness of cultural differences.

31  

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 1         Section 16.  Section 943.2569, Florida Statutes, is

 2  repealed.

 3         Section 17.  Section 943.257, Florida Statutes, is

 4  amended to read:

 5         943.257  Independent audit documentation subject to

 6  inspection.--The Criminal Justice Standards and Training

 7  Commission or a center's advisory board may inspect and copy

 8  any documents from the center as required to carry out the

 9  commission's or the respective board's oversight

10  responsibilities, including information and documents related

11  to applicant evaluations and center expenditures. The

12  commission or board may inspect and copy the documentation of

13  any internal or independent audits conducted by or on behalf

14  of the centers to ensure that candidate and inservice officer

15  assessments have been made and that expenditures are in

16  conformance with the requirements of this act and with other

17  applicable procedures.

18         Section 18.  Subsections (1) and (3) of section

19  943.401, Florida Statutes, are amended to read:

20         943.401  Public assistance fraud.--

21         (1)(a)  The Department of Law Enforcement shall

22  investigate all public assistance provided to residents of the

23  state or provided to others by the state made under the

24  provisions of chapter 409 or chapter 414. In the course of

25  such investigation the Department of Law Enforcement shall

26  examine all records, including electronic benefits transfer

27  records and make inquiry of all persons who may have knowledge

28  as to any irregularity incidental to the disbursement of

29  public moneys, food stamps, or other items or benefits

30  authorizations to recipients.

31  

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 1         (b)  All public assistance recipients, as a condition

 2  precedent to qualification for public assistance received and

 3  as defined under the provisions of chapter 409, chapter 411,

 4  or chapter 414, shall first give in writing, to the Agency for

 5  Health Care Administration, the Department of Health, the

 6  Agency for Workforce Innovation, and the Department of

 7  Children and Family Services, as appropriate, and to the

 8  Department of Law Enforcement, consent to make inquiry of past

 9  or present employers and records, financial or otherwise.

10         (3)  The results of such investigation shall be

11  reported by the Department of Law Enforcement to the

12  appropriate legislative committees, the Agency for Health Care

13  Administration, the Department of Health, the Agency for

14  Workforce Innovation, and the Department of Children and

15  Family Services, and to such others as the Department of Law

16  Enforcement may determine.

17         Section 19.  Authority to purchase goodwill and

18  promotional materials.--

19         (1)  The Legislature recognizes that the Department of

20  Law Enforcement functions as one of the state's primary law

21  enforcement representatives in national and international

22  meetings, conferences, and cooperative efforts. The department

23  often hosts delegates from other federal, state, local, and

24  international agencies and is in a position to function as a

25  representative of the state fostering goodwill and effective

26  interagency working relationships. It is the intent of the

27  Legislature that the department be allowed, consistent with

28  the dignity and integrity of the state, to purchase and

29  distribute material and items of collection to those with whom

30  the department has contact in meetings, conferences, and

31  cooperative efforts.

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 1         (2)  In addition to expenditures separately authorized

 2  by law, the department may expend not more than $5,000

 3  annually to purchase and distribute promotional materials or

 4  items that serve to advance with dignity and integrity the

 5  goodwill of this state and the department and to provide basic

 6  refreshments at official functions, seminars, or meetings of

 7  the department in which dignitaries or representatives from

 8  the Federal Government, other states or nationalities, or

 9  other agencies are in attendance.

10         Section 20.  Unauthorized use of Department of Law

11  Enforcement emblems or names prohibited.--

12         (1)  Whoever, except with the written permission of the

13  executive director of the Department of Law Enforcement or as

14  otherwise expressly authorized by the department, knowingly

15  uses the words "Florida Department of Law Enforcement," the

16  initials "F.D.L.E." or "FDLE," or the words "Florida Capitol

17  Police," or any colorable imitation of such words or initials,

18  or who uses a logo or emblem used by the department in

19  connection with any advertisement, circular, book, pamphlet,

20  or other publication, play, motion picture, broadcast,

21  telecast, or other production, in any Internet web page or

22  upon any product in a manner reasonably calculated to convey

23  the impression that such advertisement, circular, book,

24  pamphlet, or other publication, play, motion picture,

25  broadcast, telecast, or other production, Internet web page,

26  or product is approved, endorsed, or authorized by the

27  department commits a misdemeanor of the first degree,

28  punishable as provided in s. 775.082 or s. 775.083, Florida

29  Statutes.

30  

31  

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 1         (2)  A violation of this section may be enjoined upon

 2  suit by the department or the Department of Legal Affairs upon

 3  complaint filed in any court of competent jurisdiction.

 4         Section 21.  Except as otherwise expressly provided in

 5  this act, this act shall take effect July 1, 2006.

 6  

 7          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 8               CS for CS for CS for Senate Bill 544

 9                                 

10  Requires the Department of Law Enforcement to review any
    records available in addition to criminal history records to
11  evaluate a potential buyer or transferee of a firearm.

12  

13  

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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