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The Committee on Governmental Operations (King) recommended the

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following substitute for amendment (629348):

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     Senate Amendment (with title amendment)

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     Delete everything after the enacting clause

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and insert:

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     Section 1. Restrictions on the employment of ex-offenders;

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legislative intent; state agency reporting requirements.-

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     1) The Legislature declares that it is the goal of this

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state to provide to prospective employees a clear statement of

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which crimes would disqualify ex-offenders from which

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occupations. It is the intent of the Legislature to make

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opportunities for employment available to ex-offenders so that

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they will be less likely to revert to criminal behavior, insofar

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as the employment of such persons does not detract from the

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safety of the public. The Legislature further declares that state

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agencies should state all restrictions imposed by the agencies or

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by boards that regulate professions and occupations on employment

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and should make an effort to establish that each such restriction

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is as defined as possible while continuing to maintain public

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safety.

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     (2) Each state agency, including, but not limited to,

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professional and occupational regulatory boards, shall, by

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December 31, 2008, submit to the Governor, President of the

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Senate, the Speaker of the House of Representatives a brief

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report that includes:

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     (a) A review of policies followed by the agency or imposed

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by the board which disqualify from employment or licensure

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persons who have been convicted of a crime and have completed any

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incarceration and restitution to which they have been sentenced

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for such a crime.

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     (b) The conclusions resulting from the review of these

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policies and a determination of whether the disqualifications are

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readily available to prospective employees and prospective

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licensees.

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     (c) If the restriction is based on a standard of good moral

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character, or crimes or acts of moral turpitude the agency shall

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determine the merits of alternative policies and particular

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disqualifying offenses which may more precisely describe the

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basis for denial of employment or licensure.

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     (3) Beginning in 2011, each state agency shall submit a

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brief report in accordance with subsection (2) every eight years

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by December of that year.

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     Section 2.  Section 112.011, Florida Statutes, is amended to

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read:

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     112.011 Disqualification for licensing and public

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employment based on criminal conviction Felons; removal of

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disqualifications for employment, exceptions.--

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     (1)(a) Except as provided in s. 775.16, a person may shall

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not be disqualified from employment by the state, any of its

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agencies or political subdivisions, or any municipality solely

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because of a prior conviction for a crime. However, a person may

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be denied employment by the state, any of its agencies or

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political subdivisions, or any municipality by reason of the

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prior conviction for a crime if the crime was a felony or first

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degree misdemeanor and directly related to the position of

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employment sought.

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     (b) Except as provided in s. 775.16, a person whose civil

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rights have been restored shall not be disqualified to practice,

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pursue, or engage in any occupation, trade, vocation, profession,

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or business for which a license, permit, or certificate is

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required to be issued by the state, any of its agencies or

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political subdivisions, or any municipality solely because of a

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prior conviction for a crime. However, a person whose civil

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rights have been restored may be denied a license, permit, or

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certification to pursue, practice, or engage in an occupation,

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trade, vocation, profession, or business by reason of the prior

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conviction for a crime if the crime was a felony or first degree

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misdemeanor and directly related to or relevant to the standards

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normally associated with, or determined by the regulatory

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authority to be necessary for the protection of the public or

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other parties with, the specific occupation, trade, vocation,

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profession, or business for which the license, permit, or

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certificate is sought.

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     (c) Notwithstanding any law to the contrary, a person may

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not be disqualified from receiving a license, permit, or

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certificate or from obtaining public employment on the grounds

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that a person's civil rights have not been restored. A person is

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not required to secure the restoration of his or her civil rights

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or prove that his or her civil rights have been restored in order

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to receive a license, permit, or certificate or to obtain public

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employment.

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     (2)(a) This section does shall not apply be applicable to

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any law enforcement or correctional agency.

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     (b) This section does shall not apply be applicable to the

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employment practices of any fire department relating to the

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hiring of firefighters. An applicant for employment with any fire

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department who has with a prior felony conviction shall be

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excluded from employment for a period of 4 years after expiration

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of sentence or final release by the Parole Commission unless the

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applicant, prior to the expiration of the 4-year period, has

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received a full pardon or has had his or her civil rights

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restored.

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     (c) This section does shall not apply be applicable to the

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employment practices of any county or municipality relating to

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the hiring of personnel for positions deemed to be critical to

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security or public safety pursuant to ss. 125.5801 and 166.0442.

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     (3)  Any complaint concerning the violation of this section

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shall be adjudicated in accordance with the procedures set forth

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in chapter 120 for administrative and judicial review.

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     Section 3.  Section 943.0581, Florida Statutes, is amended

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to read:

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     943.0581  Administrative expunction.--

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     (1)  Notwithstanding any law dealing generally with the

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preservation and destruction of public records, the department

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may provide, by rule adopted pursuant to chapter 120, for the

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administrative expunction of any nonjudicial record of an arrest

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of a minor or an adult made contrary to law or by mistake.

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     (2)  A law enforcement agency shall apply to the department

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in the manner prescribed by rule for the administrative

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expunction of any nonjudicial record of any arrest of a minor or

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an adult who is subsequently determined by the agency, at its

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discretion, or by the final order of a court of competent

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jurisdiction, to have been arrested contrary to law or by

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mistake.

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     (3)  An adult or, in the case of a minor child, the parent

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or legal guardian of the minor child, may apply to the department

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in the manner prescribed by rule for the administrative

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expunction of any nonjudicial record of an arrest alleged to have

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been made contrary to law or by mistake, provided that the

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application is supported by the endorsement of the head of the

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arresting agency or his or her designee or the state attorney or

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his or her designee of the judicial circuit in which the arrest

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occurred.

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     (4)  An application for administrative expunction shall

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include an affidavit executed by the chief of the law enforcement

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agency, sheriff, or department head of the state law enforcement

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agency in which the affiant verifies that he or she has reviewed

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the record of the arrest and that the arrest was contrary to law

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or was a mistake. The affidavit shall include the date and time

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of the arrest, the name of the arresting officer, the name of the

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person arrested, and the crime or crimes charged, and the

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offender based tracking system number. The application shall be

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on the submitting agency's letterhead and signed by the head of

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the submitting agency or his or her designee.

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     (5) In the case of a person arrested on a warrant, capias,

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or pick-up order, the request for an administrative expunction

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may be made by the sheriff or his or her designee of the county

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where the warrant, capias, or pick-up order was issued or by the

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state attorney or his or her designee of the judicial circuit

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where the warrant, capias, or pick-up order was issued.

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     (6)(5) No application or, endorsement, or affidavit made

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under this section shall be admissible as evidence in any

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judicial or administrative proceeding or otherwise be construed

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in any way as an admission of liability in connection with an

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arrest.

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     Section 4.  Section 943.0585, Florida Statutes, is amended

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to read:

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     943.0585  Court-ordered expunction of criminal history

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

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own procedures, including the maintenance, expunction, and

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correction of judicial records containing criminal history

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information to the extent such procedures are not inconsistent

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with the conditions, responsibilities, and duties established by

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this section. Any court of competent jurisdiction may order a

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criminal justice agency to expunge the criminal history record of

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a minor or an adult who complies with the requirements of this

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section. The court shall not order a criminal justice agency to

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expunge a criminal history record until the person seeking to

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expunge a criminal history record has applied for and received a

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certificate of eligibility for expunction pursuant to subsection

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

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

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

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839, s. 847.0133, s. 847.0135, s. 847.0145, s. 893.135, s.

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916.1075, a violation enumerated in s. 907.041, or any violation

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specified as a predicate offense for registration as a sexual

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predator pursuant to s. 775.21, without regard to whether that

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offense alone is sufficient to require such registration, or for

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registration as a sexual offender pursuant to s. 943.0435, may

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not be expunged, without regard to whether adjudication was

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withheld, if the defendant was found guilty of or pled guilty or

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

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

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

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order expunction of a criminal history record pertaining to one

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arrest or one incident of alleged criminal activity, except as

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provided in this section. The court may, at its sole discretion,

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order the expunction of a criminal history record pertaining to

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more than one arrest if the additional arrests directly relate to

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the original arrest. If the court intends to order the expunction

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of records pertaining to such additional arrests, such intent

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must be specified in the order. A criminal justice agency may not

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expunge any record pertaining to such additional arrests if the

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order to expunge does not articulate the intention of the court

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to expunge a record pertaining to more than one arrest. This

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section does not prevent the court from ordering the expunction

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of only a portion of a criminal history record pertaining to one

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arrest or one incident of alleged criminal activity.

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Notwithstanding any law to the contrary, a criminal justice

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agency may comply with laws, court orders, and official requests

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of other jurisdictions relating to expunction, correction, or

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confidential handling of criminal history records or information

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

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expunction of any criminal history record, and any request for

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expunction of a criminal history record may be denied at the sole

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discretion of the court.

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

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petition to a court to expunge a criminal history record is

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complete only when accompanied by:

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     (a)  A valid certificate of eligibility for expunction

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issued by the department pursuant to subsection (2).

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

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petitioner:

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

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filed, been adjudicated guilty of a criminal offense or

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comparable ordinance violation, or been adjudicated delinquent

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for committing any felony or a misdemeanor specified in s.

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943.051(3)(b).

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     2.  Has not been adjudicated guilty of, or adjudicated

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delinquent for committing, any of the acts stemming from the

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arrest or alleged criminal activity to which the petition

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pertains.

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

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criminal history record under this section, former s. 893.14,

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former s. 901.33, or former s. 943.058, or from any jurisdiction

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outside the state, unless expunction is sought of a criminal

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history record previously sealed for 10 years pursuant to

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paragraph (2)(h) and the record is otherwise eligible for

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expunction.

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

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her knowledge or belief and does not have any other petition to

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expunge or any petition to seal pending before any court.

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Any person who knowingly provides false information on such sworn

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statement to the court commits a felony of the third degree,

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punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

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

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petitioning the court to expunge a criminal history record, a

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person seeking to expunge a criminal history record shall apply

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to the department for a certificate of eligibility for

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expunction. The department shall, by rule adopted pursuant to

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chapter 120, establish procedures pertaining to the application

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for and issuance of certificates of eligibility for expunction. A

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certificate of eligibility for expunction is valid for 12 months

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after the date stamped on the certificate when issued by the

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department. After that time, the petitioner must reapply to the

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department for a new certificate of eligibility. Eligibility for

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a renewed certification of eligibility must be based on the

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status of the applicant and the law in effect at the time of the

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renewal application. The department shall issue a certificate of

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

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criminal history record if that person:

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

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written, certified statement from the appropriate state attorney

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or statewide prosecutor which indicates:

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     1.  That an indictment, information, or other charging

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document was not filed or issued in the case.

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     2.  That an indictment, information, or other charging

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

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prosequi by the state attorney or statewide prosecutor, or was

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dismissed by a court of competent jurisdiction, and that none of

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the charges related to the arrest or alleged criminal activity to

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which the petition to expunge pertains resulted in a trial,

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without regard to whether the outcome of the trial was other than

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an adjudication of guilt.

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

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violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794, s.

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

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

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

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any violation specified as a predicate offense for registration

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as a sexual predator pursuant to s. 775.21, without regard to

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whether that offense alone is sufficient to require such

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registration, or for registration as a sexual offender pursuant

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to s. 943.0435, where the defendant was found guilty of, or pled

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guilty or nolo contendere to any such offense, or that the

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

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guilty or nolo contendere to committing, such an offense as a

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delinquent act, without regard to whether adjudication was

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withheld.

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

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placement in the Department of Law Enforcement Operating Trust

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

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

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disposition of the charge to which the petition to expunge

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pertains.

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

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for a certificate of eligibility is filed, been adjudicated

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guilty of a criminal offense or comparable ordinance violation,

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or been adjudicated delinquent for committing any felony or a

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misdemeanor specified in s. 943.051(3)(b).

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

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delinquent for committing, any of the acts stemming from the

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arrest or alleged criminal activity to which the petition to

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expunge pertains.

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

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criminal history record under this section, former s. 893.14,

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former s. 901.33, or former s. 943.058, unless expunction is

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sought of a criminal history record previously sealed for 10

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years pursuant to paragraph (h) and the record is otherwise

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eligible for expunction.

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

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disposition of the arrest or alleged criminal activity to which

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the petition to expunge pertains.

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     (h)  Has previously obtained a court order sealing the

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

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former s. 943.058 for a minimum of 10 years because adjudication

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was withheld or because all charges related to the arrest or

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alleged criminal activity to which the petition to expunge

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pertains were not dismissed prior to trial, without regard to

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whether the outcome of the trial was other than an adjudication

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of guilt. The requirement for the record to have previously been

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sealed for a minimum of 10 years does not apply when a plea was

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not entered or all charges related to the arrest or alleged

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criminal activity to which the petition to expunge pertains were

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dismissed prior to trial.

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Each clerk of court shall place information on his or her

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Internet website about the availability of criminal history

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sealing and expunction. This information shall include a link to

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the department's website for information and applications for

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sealing and expunging a criminal history record.

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

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

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the completed petition to expunge shall be served upon the

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appropriate state attorney or the statewide prosecutor and upon

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the arresting agency; however, it is not necessary to make any

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agency other than the state a party. The appropriate state

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attorney or the statewide prosecutor and the arresting agency may

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respond to the court regarding the completed petition to expunge.

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

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court shall certify copies of the order to the appropriate state

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attorney or the statewide prosecutor and the arresting agency.

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The arresting agency is responsible for forwarding the order to

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any other agency to which the arresting agency disseminated the

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criminal history record information to which the order pertains.

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The department shall forward the order to expunge to the Federal

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Bureau of Investigation. The clerk of the court shall certify a

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copy of the order to any other agency which the records of the

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court reflect has received the criminal history record from the

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court.

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

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

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attorney or statewide prosecutor of an order to expunge which is

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contrary to law because the person who is the subject of the

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record has previously been convicted of a crime or comparable

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ordinance violation or has had a prior criminal history record

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sealed or expunged. Upon receipt of such notice, the appropriate

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state attorney or statewide prosecutor shall take action, within

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60 days, to correct the record and petition the court to void the

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order to expunge. The department shall seal the record until such

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time as the order is voided by the court.

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

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criminal justice agency is not required to act on an order to

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expunge entered by a court when such order does not comply with

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the requirements of this section. Upon receipt of such an order,

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the department must notify the issuing court, the appropriate

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state attorney or statewide prosecutor, the petitioner or the

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petitioner's attorney, and the arresting agency of the reason for

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noncompliance. The appropriate state attorney or statewide

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prosecutor shall take action within 60 days to correct the record

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and petition the court to void the order. No cause of action,

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including contempt of court, shall arise against any criminal

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justice agency for failure to comply with an order to expunge

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when the petitioner for such order failed to obtain the

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certificate of eligibility as required by this section or such

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order does not otherwise comply with the requirements of this

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section.

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

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

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expunged by a court of competent jurisdiction pursuant to this

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section must be physically destroyed or obliterated by any

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criminal justice agency having custody of such record; except

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that any criminal history record in the custody of the department

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must be retained in all cases. A criminal history record ordered

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expunged that is retained by the department is confidential and

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

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of the State Constitution and not available to any person or

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entity except upon order of a court of competent jurisdiction. A

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criminal justice agency may retain a notation indicating

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compliance with an order to expunge.

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

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record that is expunged under this section or under other

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provisions of law, including former s. 893.14, former s. 901.33,

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

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the arrests and subsequent dispositions covered by the expunged

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record, except when the subject of the record:

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     1.  Is a candidate for employment with a criminal justice

380

agency;

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     2.  Is a defendant in a criminal prosecution;

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     3.  Concurrently or subsequently petitions for relief under

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this section or s. 943.059;

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

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

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with the Department of Children and Family Services or the

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Department of Juvenile Justice or to be employed or used by such

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contractor or licensee in a sensitive position having direct

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contact with children, the developmentally disabled, the aged, or

390

the elderly as provided in s. 110.1127(3), s. 393.063, s.

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394.4572(1), s. 397.451, s. 402.302(3), s. 402.313(3), s.

392

409.175(2)(i), s. 415.102(4), chapter 916, s. 985.644, chapter

393

400, or chapter 429;

394

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

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of Education, any district school board, any university

396

laboratory school, any charter school, any private or parochial

397

school, or any local governmental entity that licenses child care

398

facilities; or

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     7.  Is seeking authorization from a Florida seaport

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

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

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

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who has been granted an expunction under this section, former s.

404

893.14, former s. 901.33, or former s. 943.058 may not be held

405

under any provision of law of this state to commit perjury or to

406

be otherwise liable for giving a false statement by reason of

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such person's failure to recite or acknowledge an expunged

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criminal history record, including when asked on an employment

409

application.

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     (c)  Information relating to the existence of an expunged

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criminal history record which is provided in accordance with

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

413

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

414

except that the department shall disclose the existence of a

415

criminal history record ordered expunged to the entities set

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forth in subparagraphs (a)1., 4., 5., 6., and 7. for their

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respective licensing, access authorization, and employment

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purposes, and to criminal justice agencies for their respective

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criminal justice purposes. It is unlawful for any employee of an

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entity set forth in subparagraph (a)1., subparagraph (a)4.,

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subparagraph (a)5., subparagraph (a)6., or subparagraph (a)7. to

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disclose information relating to the existence of an expunged

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criminal history record of a person seeking employment, access

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authorization, or licensure with such entity or contractor,

425

except to the person to whom the criminal history record relates

426

or to persons having direct responsibility for employment, access

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authorization, or licensure decisions. Any person who violates

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this paragraph commits a misdemeanor of the first degree,

429

punishable as provided in s. 775.082 or s. 775.083.

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     (d) The contents of an expunged record may be disclosed to

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the subject of the record by the department upon the receipt of

432

the written, notarized request from the subject of the record.

433

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

434

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

435

section constitutes a general reference under the doctrine of

436

incorporation by reference.

437

     Section 5.  Section 943.059, Florida Statutes, is amended to

438

read:

439

     943.059  Court-ordered sealing of criminal history

440

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

441

jurisdiction over their own procedures, including the

442

maintenance, sealing, and correction of judicial records

443

containing criminal history information to the extent such

444

procedures are not inconsistent with the conditions,

445

responsibilities, and duties established by this section. Any

446

court of competent jurisdiction may order a criminal justice

447

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

448

who complies with the requirements of this section. The court

449

shall not order a criminal justice agency to seal a criminal

450

history record until the person seeking to seal a criminal

451

history record has applied for and received a certificate of

452

eligibility for sealing pursuant to subsection (2). A criminal

453

history record that relates to a violation of s. 393.135, s.

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394.4593, s. 787.025, chapter 794, s. 796.03, s. 800.04, s.

455

810.14, s. 817.034, s. 825.1025, s. 827.071, chapter 839, s.

456

847.0133, s. 847.0135, s. 847.0145, s. 893.135, s. 916.1075, a

457

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

458

a predicate offense for registration as a sexual predator

459

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

460

alone is sufficient to require such registration, or for

461

registration as a sexual offender pursuant to s. 943.0435, may

462

not be sealed, without regard to whether adjudication was

463

withheld, if the defendant was found guilty of or pled guilty or

464

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

465

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

466

committing the offense as a delinquent act. The court may only

467

order sealing of a criminal history record pertaining to one

468

arrest or one incident of alleged criminal activity, except as

469

provided in this section. The court may, at its sole discretion,

470

order the sealing of a criminal history record pertaining to more

471

than one arrest if the additional arrests directly relate to the

472

original arrest. If the court intends to order the sealing of

473

records pertaining to such additional arrests, such intent must

474

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

475

any record pertaining to such additional arrests if the order to

476

seal does not articulate the intention of the court to seal

477

records pertaining to more than one arrest. This section does not

478

prevent the court from ordering the sealing of only a portion of

479

a criminal history record pertaining to one arrest or one

480

incident of alleged criminal activity. Notwithstanding any law to

481

the contrary, a criminal justice agency may comply with laws,

482

court orders, and official requests of other jurisdictions

483

relating to sealing, correction, or confidential handling of

484

criminal history records or information derived therefrom. This

485

section does not confer any right to the sealing of any criminal

486

history record, and any request for sealing a criminal history

487

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

488

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

489

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

490

only when accompanied by:

491

     (a)  A valid certificate of eligibility for sealing issued

492

by the department pursuant to subsection (2).

493

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

494

petitioner:

495

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

496

filed, been adjudicated guilty of a criminal offense or

497

comparable ordinance violation, or been adjudicated delinquent

498

for committing any felony or a misdemeanor specified in s.

499

943.051(3)(b).

500

     2.  Has not been adjudicated guilty of or adjudicated

501

delinquent for committing any of the acts stemming from the

502

arrest or alleged criminal activity to which the petition to seal

503

pertains.

504

     3. Has never secured a prior sealing, except as provided in

505

subsection (6), or expunction of a criminal history record under

506

this section, former s. 893.14, former s. 901.33, former s.

507

943.058, or from any jurisdiction outside the state.

508

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

509

knowledge or belief and does not have any other petition to seal

510

or any petition to expunge pending before any court.

511

512

Any person who knowingly provides false information on such sworn

513

statement to the court commits a felony of the third degree,

514

punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

515

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

516

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

517

seeking to seal a criminal history record shall apply to the

518

department for a certificate of eligibility for sealing. The

519

department shall, by rule adopted pursuant to chapter 120,

520

establish procedures pertaining to the application for and

521

issuance of certificates of eligibility for sealing. A

522

certificate of eligibility for sealing is valid for 12 months

523

after the date stamped on the certificate when issued by the

524

department. After that time, the petitioner must reapply to the

525

department for a new certificate of eligibility. Eligibility for

526

a renewed certification of eligibility must be based on the

527

status of the applicant and the law in effect at the time of the

528

renewal application. The department shall issue a certificate of

529

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

530

criminal history record provided that such person:

531

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

532

disposition of the charge to which the petition to seal pertains.

533

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

534

placement in the Department of Law Enforcement Operating Trust

535

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

536

     (c)  Has never, prior to the date on which the application

537

for a certificate of eligibility is filed, been adjudicated

538

guilty of a criminal offense or comparable ordinance violation,

539

or been adjudicated delinquent for committing any felony or a

540

misdemeanor specified in s. 943.051(3)(b).

541

     (d)  Has not been adjudicated guilty of or adjudicated

542

delinquent for committing any of the acts stemming from the

543

arrest or alleged criminal activity to which the petition to seal

544

pertains.

545

     (e) Has never secured a prior sealing, except as provided

546

in subsection (6), or expunction of a criminal history record

547

under this section, former s. 893.14, former s. 901.33, or former

548

s. 943.058.

549

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

550

disposition of the arrest or alleged criminal activity to which

551

the petition to seal pertains.

552

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

553

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

554

the completed petition to seal shall be served upon the

555

appropriate state attorney or the statewide prosecutor and upon

556

the arresting agency; however, it is not necessary to make any

557

agency other than the state a party. The appropriate state

558

attorney or the statewide prosecutor and the arresting agency may

559

respond to the court regarding the completed petition to seal.

560

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

561

court shall certify copies of the order to the appropriate state

562

attorney or the statewide prosecutor and to the arresting agency.

563

The arresting agency is responsible for forwarding the order to

564

any other agency to which the arresting agency disseminated the

565

criminal history record information to which the order pertains.

566

The department shall forward the order to seal to the Federal

567

Bureau of Investigation. The clerk of the court shall certify a

568

copy of the order to any other agency which the records of the

569

court reflect has received the criminal history record from the

570

court.

571

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

572

1, 1992, the department shall notify the appropriate state

573

attorney or statewide prosecutor of any order to seal which is

574

contrary to law because the person who is the subject of the

575

record has previously been convicted of a crime or comparable

576

ordinance violation or has had a prior criminal history record

577

sealed, except as provided in subsection (6), or expunged. Upon

578

receipt of such notice, the appropriate state attorney or

579

statewide prosecutor shall take action, within 60 days, to

580

correct the record and petition the court to void the order to

581

seal. The department shall seal the record until such time as the

582

order is voided by the court.

583

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

584

criminal justice agency is not required to act on an order to

585

seal entered by a court when such order does not comply with the

586

requirements of this section. Upon receipt of such an order, the

587

department must notify the issuing court, the appropriate state

588

attorney or statewide prosecutor, the petitioner or the

589

petitioner's attorney, and the arresting agency of the reason for

590

noncompliance. The appropriate state attorney or statewide

591

prosecutor shall take action within 60 days to correct the record

592

and petition the court to void the order. No cause of action,

593

including contempt of court, shall arise against any criminal

594

justice agency for failure to comply with an order to seal when

595

the petitioner for such order failed to obtain the certificate of

596

eligibility as required by this section or when such order does

597

not comply with the requirements of this section.

598

     (e)  An order sealing a criminal history record pursuant to

599

this section does not require that such record be surrendered to

600

the court, and such record shall continue to be maintained by the

601

department and other criminal justice agencies.

602

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

603

history record of a minor or an adult which is ordered sealed by

604

a court of competent jurisdiction pursuant to this section is

605

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

606

s. 24(a), Art. I of the State Constitution and is available only

607

to the person who is the subject of the record, to the subject's

608

attorney, to criminal justice agencies for their respective

609

criminal justice purposes, which include conducting a criminal

610

history background check for approval of firearms purchases or

611

transfers as authorized by state or federal law, or to those

612

entities set forth in subparagraphs (a)1., 4., 5., 6., and 8. for

613

their respective licensing, access authorization, and employment

614

purposes.

615

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

616

this section or under other provisions of law, including former

617

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

618

deny or fail to acknowledge the arrests and subsequent

619

dispositions covered by the sealed record, except when the

620

subject of the record:

621

     1.  Is a candidate for employment with a criminal justice

622

agency;

623

     2.  Is a defendant in a criminal prosecution;

624

     3.  Concurrently or subsequently petitions for relief under

625

this section or s. 943.0585;

626

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

627

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

628

with the Department of Children and Family Services or the

629

Department of Juvenile Justice or to be employed or used by such

630

contractor or licensee in a sensitive position having direct

631

contact with children, the developmentally disabled, the aged, or

632

the elderly as provided in s. 110.1127(3), s. 393.063, s.

633

394.4572(1), s. 397.451, s. 402.302(3), s. 402.313(3), s.

634

409.175(2)(i), s. 415.102(4), s. 415.103, chapter 916, s.

635

985.644, chapter 400, or chapter 429;

636

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

637

of Education, any district school board, any university

638

laboratory school, any charter school, any private or parochial

639

school, or any local governmental entity that licenses child care

640

facilities;

641

     7.  Is attempting to purchase a firearm from a licensed

642

importer, licensed manufacturer, or licensed dealer and is

643

subject to a criminal history background check under state or

644

federal law; or

645

     8.  Is seeking authorization from a Florida seaport

646

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

647

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

648

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

649

who has been granted a sealing under this section, former s.

650

893.14, former s. 901.33, or former s. 943.058 may not be held

651

under any provision of law of this state to commit perjury or to

652

be otherwise liable for giving a false statement by reason of

653

such person's failure to recite or acknowledge a sealed criminal

654

history record, including when asked on an employment

655

application.

656

     (c)  Information relating to the existence of a sealed

657

criminal record provided in accordance with the provisions of

658

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

659

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

660

except that the department shall disclose the sealed criminal

661

history record to the entities set forth in subparagraphs (a)1.,

662

4., 5., 6., and 8. for their respective licensing, access

663

authorization, and employment purposes. It is unlawful for any

664

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

665

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

666

subparagraph (a)8. to disclose information relating to the

667

existence of a sealed criminal history record of a person seeking

668

employment, access authorization, or licensure with such entity

669

or contractor, except to the person to whom the criminal history

670

record relates or to persons having direct responsibility for

671

employment, access authorization, or licensure decisions. Any

672

person who violates the provisions of this paragraph commits a

673

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

674

775.082 or s. 775.083.

675

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

676

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

677

section constitutes a general reference under the doctrine of

678

incorporation by reference.

679

     (6) SECOND SEALING OF CRIMINAL HISTORY RECORD.--A person

680

may petition the court to seek a second sealing of his or her

681

criminal history record after having secured one previous

682

expunction or sealing under the following circumstances only.

683

Before petitioning the court for such relief, the person must

684

apply to the department to obtain a certificate of eligibility

685

for the second sealing of his or her criminal history record. The

686

department shall issue the certificate only if the person has not

687

been arrested during the 5-year period following the date of the

688

court order for the initial expunction or sealing of his or her

689

criminal history record. All other provisions and requirements of

690

this section apply when a person seeks a second sealing of his

691

criminal history record.

692

     Section 6. The Office of Program Policy Analysis and

693

Government Accountability, in cooperation with the Department of

694

Law Enforcement, shall:

695

(1) Assess current safeguards for the accuracy of the

696

criminal history data contained in the Department of Law

697

Enforcement's Computerized Criminal History (CCH) database.

698

     (2) Assess the current process available to potential

699

private employers or licensing entities in determining whether an

700

applicant has a criminal history.

701

     (3) Assess whether an adequate process exists to allow the

702

potential private employer or licensing entity to determine

703

whether an applicant's response to an "arrest, conviction, or

704

adjudication withheld" criminal history question on an

705

application is truthful and complete.

706

     (4) Assess the feasibility of establishing appropriate

707

privacy safeguards to protect job or license applicants, such as

708

providing informed consent and the opportunity to review a

709

criminal history record before a job or licensing application is

710

made, before the criminal history record is provided to the

711

potential employer or licensing entity, and before adverse action

712

is taken by the potential employer or licensing entity.

713

     (5) Identify actions that could be taken to improve both

714

the completeness of the criminal history record and the consumer

715

readability of the criminal history record.

716

717

The Office of Program Policy Analysis and Government

718

Accountability shall report its findings to the President of the

719

Senate and Speaker of the House of Representatives by February 1,

720

2009.

721

     Section 7.  This act shall take effect July 1, 2008.

722

723

================ T I T L E  A M E N D M E N T ================

724

And the title is amended as follows:

725

     Delete everything before the enacting clause

726

and insert:

727

A bill to be entitled

728

An act relating to criminal justice; providing legislative

729

intent; requiring state agencies and regulatory boards to

730

submit to the Governor and legislative officers a report

731

that states current restrictions on employment of ex-

732

offenders and possible alternatives that are compatible

733

with public safety; requiring that such report be

734

submitted in 2011 and then every eight years thereafter;

735

amending s. 112.011, F.S.; providing that a person may not

736

be disqualified from receiving a license, permit, or

737

certificate or from obtaining public employment on the

738

grounds that the person's civil rights have not been

739

restored; providing that a person is not required to

740

secure the restoration of his or her civil rights or prove

741

that his or her civil rights have been restored in order

742

to receive a license, permit, or certificate or to obtain

743

public employment; amending s. 943.0581, F.S.; authorizing

744

the arresting agency or the agency where the warrant was

745

issued to request an administrative expunction; amending

746

s. 943.0585, F.S.; requiring the clerk of the court to

747

place information about the availability of criminal

748

history sealing and expunction on the court's Internet

749

website and provide a link to the Department of Law

750

Enforcement's website related to such information;

751

clarifying under what circumstances a person may legally

752

deny an expunged criminal history record; authorizing

753

disclosure of the contents of an expunged record upon

754

receipt of a written, notarized request from the record

755

subject; amending s. 943.059, F.S.; clarifying under what

756

circumstances a person may legally deny a sealed criminal

757

history record; authorizing a person to petition the court

758

to seek a second criminal history record sealing under

759

certain circumstances; requiring the Office of Program

760

Policy Analysis and Government Accountability to conduct a

761

study; specifying the research questions for the study;

762

requiring a report to be submitted to the Legislature;

763

providing an effective date.

4/8/2008  7:08:00 PM     CJ.GO.07059