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The Committee on Criminal Justice (Dockery) recommended the

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following amendment:

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     Senate Amendment (with title amendment)

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     Between line(s) 68 and 69

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insert:

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     Section 2.  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 persons arrested on a warrant, capias or

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

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

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

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attorney or his or her designee of the judicial circuit where the

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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 3.  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 web site 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 web pages for criminal history seal and expunge

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information and applications.

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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

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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

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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.

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

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400, or chapter 429;

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

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of Education, any district school board, any university

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laboratory school, any charter school, any private or parochial

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school, or any local governmental entity that licenses child care

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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.

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

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

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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

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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

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

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except that the department shall disclose the existence of a

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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,

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except to the person to whom the criminal history record relates

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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,

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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 by the

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department upon the receipt of the written, notarized request

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from the subject of the record.

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

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

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section constitutes a general reference under the doctrine of

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incorporation by reference.

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     Section 4.  Section 943.059, Florida Statutes, is amended to

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read:

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     943.059  Court-ordered sealing of criminal history records.-

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-The courts of this state shall continue to have jurisdiction

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over their own procedures, including the maintenance, sealing,

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and 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 seal the criminal history record of a

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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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seal a criminal history record until the person seeking to seal a

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criminal history record has applied for and received a

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certificate of eligibility for sealing 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 sealed, 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 sealing 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 sealing of a criminal history record pertaining to more

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than one arrest if the additional arrests directly relate to the

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

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records pertaining to such additional arrests, such intent must

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

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any record pertaining to such additional arrests if the order to

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seal does not articulate the intention of the court to seal

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

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

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a criminal history record pertaining to one arrest or one

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incident of alleged criminal activity. Notwithstanding any law to

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

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court orders, and official requests of other jurisdictions

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relating to sealing, correction, or confidential handling of

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criminal history records or information derived therefrom. This

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

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history record, and any request for sealing a criminal history

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

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

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

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only when accompanied by:

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     (a)  A valid certificate of eligibility for sealing issued

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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 to seal

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pertains.

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

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

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

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943.058, or from any jurisdiction outside the state.

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

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

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or any petition to expunge 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 SEALING.--Prior to

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

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seeking to seal a criminal history record shall apply to the

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department for a certificate of eligibility for sealing. The

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department shall, by rule adopted pursuant to chapter 120,

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establish procedures pertaining to the application for and

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issuance of certificates of eligibility for sealing. A

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

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criminal history record provided that such person:

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

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

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

438

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 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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     (d)  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 seal

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pertains.

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

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

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

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s. 943.058.

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     (f)  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 seal pertains.

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

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

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the completed petition to seal shall be served upon the

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appropriate state attorney or the statewide prosecutor and upon

460

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

461

agency other than the state a party. The appropriate state

462

attorney or the statewide prosecutor and the arresting agency may

463

respond to the court regarding the completed petition to seal.

464

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

465

court shall certify copies of the order to the appropriate state

466

attorney or the statewide prosecutor and to the arresting agency.

467

The arresting agency is responsible for forwarding the order to

468

any other agency to which the arresting agency disseminated the

469

criminal history record information to which the order pertains.

470

The department shall forward the order to seal to the Federal

471

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

472

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

473

court reflect has received the criminal history record from the

474

court.

475

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

476

1, 1992, the department shall notify the appropriate state

477

attorney or statewide prosecutor of any order to seal which is

478

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

479

record has previously been convicted of a crime or comparable

480

ordinance violation or has had a prior criminal history record

481

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

482

receipt of such notice, the appropriate state attorney or

483

statewide prosecutor shall take action, within 60 days, to

484

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

485

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

486

order is voided by the court.

487

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

488

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

489

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

490

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

491

department must notify the issuing court, the appropriate state

492

attorney or statewide prosecutor, the petitioner or the

493

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

494

noncompliance. The appropriate state attorney or statewide

495

prosecutor shall take action within 60 days to correct the record

496

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

497

including contempt of court, shall arise against any criminal

498

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

499

the petitioner for such order failed to obtain the certificate of

500

eligibility as required by this section or when such order does

501

not comply with the requirements of this section.

502

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

503

this section does not require that such record be surrendered to

504

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

505

department and other criminal justice agencies.

506

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

507

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

508

a court of competent jurisdiction pursuant to this section is

509

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

510

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

511

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

512

attorney, to criminal justice agencies for their respective

513

criminal justice purposes, which include conducting a criminal

514

history background check for approval of firearms purchases or

515

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

516

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

517

their respective licensing, access authorization, and employment

518

purposes.

519

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

520

this section or under other provisions of law, including former

521

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

522

deny or fail to acknowledge the arrests and subsequent

523

dispositions covered by the sealed record, except when the

524

subject of the record:

525

     1.  Is a candidate for employment with a criminal justice

526

agency;

527

     2.  Is a defendant in a criminal prosecution;

528

     3.  Concurrently or subsequently petitions for relief under

529

this section or s. 943.0585;

530

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

531

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

532

with the Department of Children and Family Services or the

533

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

534

contractor or licensee in a sensitive position having direct

535

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

536

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

537

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

538

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

539

985.644, chapter 400, or chapter 429;

540

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

541

of Education, any district school board, any university

542

laboratory school, any charter school, any private or parochial

543

school, or any local governmental entity that licenses child care

544

facilities;

545

     7.  Is attempting to purchase a firearm from a licensed

546

importer, licensed manufacturer, or licensed dealer and is

547

subject to a criminal history background check under state or

548

federal law; or

549

     8.  Is seeking authorization from a Florida seaport

550

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

551

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

552

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

553

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

554

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

555

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

556

be otherwise liable for giving a false statement by reason of

557

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

558

history record, including when asked on an employment

559

application.

560

     (c)  Information relating to the existence of a sealed

561

criminal record provided in accordance with the provisions of

562

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

563

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

564

except that the department shall disclose the sealed criminal

565

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

566

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

567

authorization, and employment purposes. It is unlawful for any

568

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

569

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

570

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

571

existence of a sealed criminal history record of a person seeking

572

employment, access authorization, or licensure with such entity

573

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

574

record relates or to persons having direct responsibility for

575

employment, access authorization, or licensure decisions. Any

576

person who violates the provisions of this paragraph commits a

577

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

578

775.082 or s. 775.083.

579

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

580

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

581

section constitutes a general reference under the doctrine of

582

incorporation by reference.

583

(6) A person may petition the court to seek a sealing of his

584

criminal history record, after having secured one previous

585

expunction or sealing, under the following circumstances. Prior

586

to petitioning the court for such relief, a person shall apply to

587

the department to obtain a certificate of eligibility for a

588

sealing of his criminal history record only if five years have

589

passed without any subsequent arrests occurring since the date of

590

the court order for the initial criminal history record

591

expunction or sealing. All other provisions and requirements

592

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

593

his criminal history record.

594

     Section 5. The Office of Program Policy Analysis and

595

Government Accountability, in cooperation with the Florida

596

Department of Law Enforcement, shall:

597

1. Assess current safeguards for the accuracy of the

598

criminal history data contained in the Florida Department of Law

599

Enforcement's Computerized Criminal History (CCH) database.

600

     2. Assess the current process available to potential

601

private employers or licensing entities in determining whether an

602

applicant has a criminal history.

603

     3. Assess whether an adequate process exists to allow the

604

potential private employer or licensing entity to determine

605

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

606

adjudication withheld" criminal history question on an

607

application is truthful and complete.

608

     4. Assess the feasibility of establishing appropriate

609

privacy safeguards to protect job or license applicants, such as

610

providing informed consent and the opportunity to review a

611

criminal history record before a job or licensing application is

612

made, before the criminal history record is provided to the

613

potential employer or licensing entity, and before adverse action

614

is taken by the potential employer or licensing entity.

615

     5. Identify actions that could be taken to improve both the

616

completeness of the criminal history record and the consumer

617

readability of the criminal history record.

618

619

The Office of Program Policy Analysis and Government

620

Accountability shall report its findings to the President of the

621

Senate and Speaker of the House of Representatives no later than

622

February 1, 2009.

623

624

(Redesignate subsequent section.)

625

626

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

627

And the title is amended as follows:

628

     On line 11, after the semicolon

629

insert:

630

amending s. 943.0581, F.S., permitting either the

631

arresting agency or the agency where the warrant was

632

issued to request an administrative expunction; amending

633

s. 943.0585, F.S., requiring the Clerk of the Court to

634

place information about the availability of criminal

635

history sealing and expunction on his Internet web site,

636

including a link to the Department of Law Enforcement's

637

web pages related to such information; clarifying under

638

what circumstances a person can legally deny an expunged

639

criminal history record; authorizing disclosure of the

640

contents of an expunged record upon receipt of a written,

641

notarized request from the record subject; amending s.

642

943.059, F.S.; clarifying under what circumstances a

643

person can legally deny a sealed criminal history record;

644

providing that a person may petition the court to seek a

645

second criminal history record sealing under certain

646

circumstances; requiring OPPAGA to conduct a study;

647

specifying the research questions for the study; requiring

648

a report to be submitted to presiding officers;

3/26/2008  3:56:00 PM     CJ.CJ.05905