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The Committee on Criminal Justice (Wilson) 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 943.0595, Florida Statutes, is created

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to read:

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     943.0595 Automatic qualification for expunction of

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criminal history record if no finding of guilt.--

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     (1) QUALIFICATION.--

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     (a) Notwithstanding any law dealing generally with the

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preservation and destruction of public records, a criminal

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history record relating to a person who has not been found

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guilty of, or not pled guilty or nolo contendere to, an offense

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automatically qualifies for expunction. The record shall be

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expunged if:

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     1. An indictment, information, or other charging document

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was not filed or issued in the case;

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     2. An indictment, information, or other charging document

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was filed or issued in the case and was dismissed or nolle

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prosequi by the state attorney or statewide prosecutor;

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     3. An indictment was dismissed by a court of competent

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jurisdiction; or

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     4. The person was found not guilty or acquitted by a judge

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or jury.

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     (b) If the person was 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 or delinquent act, the

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record does not qualify for automatic expunction.

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     (2) PETITION.--Each petition to a court to expunge a

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criminal history record is complete only when accompanied by a

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certified copy of the disposition of the offenses sought to be

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sealed.

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     (3) PROCESSING OF PETITION.--

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     (a) A certificate of eligibility for expunction from the

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department shall not be required under this section.

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     (b) Any court of competent jurisdiction may order a

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criminal justice agency to expunge the criminal history record

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of a minor or an adult whose record qualifies for automatic

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expunction under this section.

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     (c) 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

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may respond to the court regarding the completed petition to

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expunge.

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     (d) Notwithstanding ss. 943.0585 and 943.059 and any other

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provision of law, the court may order expunction of a criminal

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history record pertaining to more than one arrest or one

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incident of alleged criminal activity if the person has not been

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adjudicated guilty of or adjudicated delinquent for committing

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any of the acts stemming from the arrest or alleged criminal

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activity or delinquent act to which the petition to expunge

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pertains.

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     (e) 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, to the county, and to the

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arresting agency. The arresting agency is responsible for

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forwarding the order to any other agency to which the arresting

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agency disseminated the criminal history record information to

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which the order pertains. The department shall forward the order

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

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

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that court records indicate has received the criminal history

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record from the court. The county is responsible for forwarding

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the order to any agency, organization, or company to which the

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county disseminated the criminal history information to which

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the order pertains.

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     (f) The department or any other criminal justice agency is

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not required to act on an order to expunge entered by a court

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when such order does not comply with the requirements of this

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section. Upon receipt of such an order, the department must

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notify the issuing court, the appropriate state attorney or the

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statewide prosecutor, the petitioner or the petitioner's

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attorney, and the arresting agency within 5 business days after

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determining that the department or the agency cannot comply with

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the court order. The appropriate state attorney or the statewide

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prosecutor shall take action within 60 days to correct the

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record and petition the court to void the order. No cause of

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action, including contempt of court, shall arise against any

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criminal justice agency for failure to comply with an order to

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expunge when such order does not comply with the requirements of

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this section.

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     (g) An order expunging a criminal history record pursuant

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to this section does not require that such record be surrendered

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

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the department and other criminal justice agencies.

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     (4) SECTION NOT EXCLUSIVE.--Expunction granted under this

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section does not prevent the person who receives such relief

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from petitioning for the expunction or sealing of a criminal

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history record as provided for in ss. 943.0585 and 943.059 if

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the person is otherwise eligible under those sections.

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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 3.  Subsection (6) of section 943.0582, Florida

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Statutes, is amended to read:

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     943.0582  Prearrest, postarrest, or teen court diversion

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program expunction.--

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     (6)  Expunction or sealing granted under this section does

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not prevent the minor who receives such relief from petitioning

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for the expunction or sealing of a later criminal history record

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as provided for in ss. 943.0585, and 943.059, and 943.0595 if

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the minor is otherwise eligible under those sections.

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     Section 4.  Paragraph (a) of subsection (4) of section

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943.0585, Florida Statutes, is amended 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

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

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this section. The court shall not order a criminal justice

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agency to expunge a criminal history record until the person

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seeking to expunge a criminal history record has applied for and

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received a certificate of eligibility for expunction pursuant to

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subsection (2). A criminal history record that relates to a

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

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s. 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, may not be expunged, without regard to whether

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adjudication was withheld, if the defendant was found guilty of

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or pled guilty or nolo contendere to the offense, or if 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, the offense as a

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delinquent act. The court may only order expunction of a

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criminal history record pertaining to one arrest or one incident

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of alleged criminal activity, except as provided in this

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section. The court may, at its sole discretion, order the

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expunction of a criminal history record pertaining to more than

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one arrest if the additional arrests directly relate to the

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original arrest. If the court intends to order the expunction 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

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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

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sole discretion of the court.

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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

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department must be retained in all cases. A criminal history

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record ordered expunged that is retained by the department is

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

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

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any person or entity except upon order of a court of competent

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jurisdiction. A criminal justice agency may retain a notation

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indicating 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 covered by the expunged record, except when the

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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, or s. 943.0595;

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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,

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or 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

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care 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

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

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     Section 5.  Paragraph (a) of subsection (4) of section

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943.059, Florida Statutes, is amended to read:

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     943.059  Court-ordered sealing of criminal history

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

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jurisdiction over their own procedures, including the

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maintenance, sealing, and correction of judicial records

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containing criminal history information to the extent such

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procedures are not inconsistent with the conditions,

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responsibilities, and duties established by this section. Any

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court of competent jurisdiction may order a criminal justice

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

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adult who complies with the requirements of this section. The

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court shall not order a criminal justice agency to seal a

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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

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more than one arrest if the additional arrests directly relate

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

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sealing of records pertaining to such additional arrests, such

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intent must be specified in the order. A criminal justice agency

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may not seal any record pertaining to such additional arrests if

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

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to seal records pertaining to more than one arrest. This section

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

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portion of a criminal history record pertaining to one arrest or

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one incident of alleged criminal activity. Notwithstanding any

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law to the contrary, a criminal justice agency may comply with

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

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

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a court of competent jurisdiction pursuant to this section is

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

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

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

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attorney, to criminal justice agencies for their respective

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criminal justice purposes, which include conducting a criminal

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history background check for approval of firearms purchases or

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

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

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for their respective licensing, access authorization, and

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employment purposes.

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

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this section or under other provisions of law, including former

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

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deny or fail to acknowledge the arrests covered by the sealed

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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. 943.0585, or s. 943.0595;

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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,

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or 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), s. 415.103, chapter 916, s.

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985.644, chapter 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

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care facilities;

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     7.  Is attempting to purchase a firearm from a licensed

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importer, licensed manufacturer, or licensed dealer and is

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subject to a criminal history background check under state or

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federal law; or

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     8.  Is seeking authorization from a Florida seaport

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

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

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     Section 6.  Paragraph (b) of subsection (6) of section

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948.08, Florida Statutes, is amended to read:

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     948.08  Pretrial intervention program.--

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     (6)

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     (b)  While enrolled in a pretrial intervention program

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authorized by this subsection, the participant is subject to a

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coordinated strategy developed by a drug court team under s.

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397.334(3). The coordinated strategy may include a protocol of

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sanctions that may be imposed upon the participant for

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noncompliance with program rules. The protocol of sanctions may

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include, but is not limited to, placement in a substance abuse

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treatment program offered by a licensed service provider as

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defined in s. 397.311 or in a jail-based treatment program or

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serving a period of incarceration within the time limits

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established for contempt of court. The coordinated strategy must

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be provided in writing to the participant before the participant

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agrees to enter into a pretrial treatment-based drug court

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program or other pretrial intervention program. Any person whose

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charges are dismissed after successful completion of the

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treatment-based drug court program, if otherwise eligible, may

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have his or her arrest record and plea of nolo contendere to the

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dismissed charges expunged under s. 943.0585 or s. 943.0595.

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     Section 7.  Paragraph (b) of subsection (1) of section

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948.16, Florida Statutes, is amended to read:

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     948.16  Misdemeanor pretrial substance abuse education and

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treatment intervention program.--

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     (1)

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     (b)  While enrolled in a pretrial intervention program

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authorized by this section, the participant is subject to a

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coordinated strategy developed by a drug court team under s.

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397.334(3). The coordinated strategy may include a protocol of

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sanctions that may be imposed upon the participant for

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noncompliance with program rules. The protocol of sanctions may

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include, but is not limited to, placement in a substance abuse

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treatment program offered by a licensed service provider as

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defined in s. 397.311 or in a jail-based treatment program or

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serving a period of incarceration within the time limits

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established for contempt of court. The coordinated strategy must

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be provided in writing to the participant before the participant

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agrees to enter into a pretrial treatment-based drug court

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program or other pretrial intervention program. Any person whose

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charges are dismissed after successful completion of the

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treatment-based drug court program, if otherwise eligible, may

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have his or her arrest record and plea of nolo contendere to the

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dismissed charges expunged under s. 943.0585 or s. 943.0595.

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     Section 8.  Subsection (2) of section 985.345, Florida

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Statutes, is amended to read:

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     985.345  Delinquency pretrial intervention program.--

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     (2)  While enrolled in a delinquency pretrial intervention

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program authorized by this section, a child is subject to a

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coordinated strategy developed by a drug court team under s.

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397.334(3). The coordinated strategy may include a protocol of

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sanctions that may be imposed upon the child for noncompliance

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with program rules. The protocol of sanctions may include, but

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is not limited to, placement in a substance abuse treatment

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program offered by a licensed service provider as defined in s.

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397.311 or serving a period of secure detention under this

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chapter. The coordinated strategy must be provided in writing to

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the child before the child agrees to enter the pretrial

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treatment-based drug court program or other pretrial

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intervention program. Any child whose charges are dismissed

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after successful completion of the treatment-based drug court

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program, if otherwise eligible, may have his or her arrest

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record and plea of nolo contendere to the dismissed charges

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expunged under s. 943.0585 or s. 943.0595.

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

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And the title is amended as follows:

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     Delete line(s) 2-11

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and insert:

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An act relating to criminal justice; amending s. 112.011,

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F.S.; providing that a person may not be disqualified from

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receiving a license, permit, or certificate or from

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obtaining public employment on the grounds that the

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person's civil rights have not been restored; providing

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that a person is not required to secure the restoration of

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his or her civil rights or prove that his or her civil

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rights have been restored in order to receive a license,

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permit, or certificate or to obtain public

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employment;creating s. 943.0595, F.S.; permitting

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automatic expunction of criminal history records in

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specified circumstances; providing procedures; providing

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for effect of expunction; providing for treatment of

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certain statutory cross-references; amending ss. 943.0582,

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943.0585, 943.059, 948.08, 948.16, and 985.345, F.S.;

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conforming provisions; providing an effective date.

3/14/2008  4:59:00 PM     591-04675-08