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The Committee on Governmental Operations (King) recommended the

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following amendment:

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     Senate Amendment (with title amendment)

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     Delete everything after the enacting clause

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and insert:

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

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legislative intent; state agency reporting requirements.-

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

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state to provide to prospective employees a clear statement of

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which crimes would disqualify ex-offenders from which

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occupations. It is the intent of the Legislature to make

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opportunities for employment available to ex-offenders so that

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

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as the employment of such persons does not detract from the

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safety of the public. The Legislature further declares that state

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agencies should state all restrictions imposed by the agencies or

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by boards that regulate professions and occupations on employment

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and should make an effort to establish that each such restriction

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is as defined as possible while continuing to maintain public

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safety.

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

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professional and occupational regulatory boards, shall, by

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

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Senate, the Speaker of the House of Representatives a brief

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report that includes:

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

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by the board which disqualify from employment or licensure

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

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incarceration and restitution to which they have been sentenced

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for such a crime.

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     (b) The conclusions resulting from the review of these

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policies and a determination of whether the disqualifications are

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readily available to prospective employees and prospective

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licensees.

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

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

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determine the merits of alternative policies and particular

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disqualifying offenses which may more precisely describe the

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basis for denial of employment or licensure.

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

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

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by December of that year.

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

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read:

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     112.011 Disqualification for licensing and public

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employment based on criminal conviction Felons; removal of

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disqualifications for employment, exceptions.--

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

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

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agencies or political subdivisions, or any municipality solely

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

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

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political subdivisions, or any municipality by reason of the

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

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degree misdemeanor and directly related to the position of

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employment sought.

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

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rights have been restored shall not be disqualified to practice,

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

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

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

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political subdivisions, or any municipality solely because of a

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

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

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

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

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

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misdemeanor and directly related to or relevant to the standards

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normally associated with, or determined by the regulatory

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authority to be necessary for the protection of the public or

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

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

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certificate is sought.

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

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not be disqualified from receiving a license, permit, or

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certificate or from obtaining public employment on the grounds

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

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

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

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

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employment.

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

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any law enforcement or correctional agency.

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

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employment practices of any fire department relating to the

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hiring of firefighters. An applicant for employment with any fire

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department who has with a prior felony conviction shall be

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excluded from employment for a period of 4 years after expiration

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of sentence or final release by the Parole Commission unless the

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

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

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restored.

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

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employment practices of any county or municipality relating to

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the hiring of personnel for positions deemed to be critical to

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

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     (3)  Any complaint concerning the violation of this section

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shall be adjudicated in accordance with the procedures set forth

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in chapter 120 for administrative and judicial review.

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     Section 3.  Subsection (1) of section 760.10, Florida

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Statutes, is amended to read:

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     760.10  Unlawful employment practices.--

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     (1)  It is an unlawful employment practice for an employer:

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     (a)  To discharge or to fail or refuse to hire any

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individual, or otherwise to discriminate against any individual

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with respect to compensation, terms, conditions, or privileges of

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employment, because of such individual's race, color, religion,

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sex, national origin, age, handicap, or marital status.

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     (b)  To limit, segregate, or classify employees or

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applicants for employment in any way which would deprive or tend

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to deprive any individual of employment opportunities, or

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adversely affect any individual's status as an employee, because

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of such individual's race, color, religion, sex, national origin,

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age, handicap, or marital status.

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     (c) On and after July 1, 2009, with regard to an

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application for employment, to request any information, to make

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or keep a record of such information, to use any form of

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application or application blank that requests such information,

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or to exclude, limit, or otherwise discriminate against any

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person by reason of his or her failure to furnish such

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information through a written application or oral inquiry or

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otherwise regarding an arrest, detention, or disposition

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regarding any violation of law in which no conviction resulted.

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No applicant for employment shall be held under any provision of

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any law to be guilty of perjury or of otherwise giving a false

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statement by reason of his or her failure to recite or

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acknowledge such information as he or she has a right to withhold

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under this paragraph.

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     Section 4.  Section 943.0581, Florida Statutes, is amended

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to read:

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     943.0581  Administrative expunction.--

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     (1)  Notwithstanding any law dealing generally with the

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preservation and destruction of public records, the department

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

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administrative expunction of any nonjudicial record of an arrest

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

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

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in the manner prescribed by rule for the administrative

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

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

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

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jurisdiction, to have been arrested contrary to law or by

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mistake.

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

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

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in the manner prescribed by rule for the administrative

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expunction of any nonjudicial record of an arrest alleged to have

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

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application is supported by the endorsement of the head of the

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

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

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occurred.

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     (4)  An application for administrative expunction shall

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include an affidavit executed by the chief of the law enforcement

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

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

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

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

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

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

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offender based tracking system number. The application shall be

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

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the submitting agency or his or her designee.

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

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

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

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

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state attorney or his or her designee of the judicial circuit

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

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

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under this section shall be admissible as evidence in any

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judicial or administrative proceeding or otherwise be construed

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

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arrest.

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     Section 5.  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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unless without regard to whether the outcome of the trial was an

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acquittal other than 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, unless without regard

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to whether the outcome of the trial was an acquittal other than

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

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

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when a plea was not entered or all charges related to the arrest

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or alleged criminal activity to which the petition to expunge

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pertains were dismissed prior to trial or the outcome of the

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trial was an acquittal.

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Each clerk of court shall place information on his or her

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Internet website about the availability of criminal history

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sealing and expunction. This information shall include a link to

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the department's website for information and applications for

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sealing and expunging a criminal history record.

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

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

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the completed petition to expunge shall be served upon the

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appropriate state attorney or the statewide prosecutor and upon

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

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agency other than the state a party. The appropriate state

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attorney or the statewide prosecutor and the arresting agency may

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respond to the court regarding the completed petition to expunge.

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

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court shall certify copies of the order to the appropriate state

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attorney or the statewide prosecutor and the arresting agency.

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The arresting agency is responsible for forwarding the order to

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any other agency to which the arresting agency disseminated the

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criminal history record information to which the order pertains.

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The department shall forward the order to expunge to the Federal

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

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

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court reflect has received the criminal history record from the

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court.

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

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

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attorney or statewide prosecutor of an order to expunge which is

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

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record has previously been convicted of a crime or comparable

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ordinance violation or has had a prior criminal history record

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

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state attorney or statewide prosecutor shall take action, within

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

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

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time as the order is voided by the court.

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

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

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

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

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the department must notify the issuing court, the appropriate

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state attorney or statewide prosecutor, the petitioner or the

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

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noncompliance. The appropriate state attorney or statewide

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prosecutor shall take action within 60 days to correct the record

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

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including contempt of court, shall arise against any criminal

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justice agency for failure to comply with an order to expunge

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when the petitioner for such order failed to obtain the

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certificate of eligibility as required by this section or such

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order does not otherwise comply with the requirements of this

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section.

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

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

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expunged by a court of competent jurisdiction pursuant to this

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section must be physically destroyed or obliterated by any

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criminal justice agency having custody of such record; except

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that any criminal history record in the custody of the department

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

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expunged that is retained by the department is confidential and

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

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of the State Constitution and not available to any person or

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

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criminal justice agency may retain a notation indicating

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compliance with an order to expunge.

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

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record that is expunged under this section or under other

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

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

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the arrests and subsequent dispositions covered by the expunged

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record, except when the subject of the record:

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     1.  Is a candidate for employment with a criminal justice

411

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 to

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

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the written, notarized request 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

466

section constitutes a general reference under the doctrine of

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incorporation by reference.

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     Section 6.  Section 943.059, Florida Statutes, is amended to

469

read:

470

     943.059  Court-ordered sealing of criminal history

471

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

472

jurisdiction over their own procedures, including the

473

maintenance, sealing, and correction of judicial records

474

containing criminal history information to the extent such

475

procedures are not inconsistent with the conditions,

476

responsibilities, and duties established by this section. Any

477

court of competent jurisdiction may order a criminal justice

478

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

479

who complies with the requirements of this section. The court

480

shall not order a criminal justice agency to seal a criminal

481

history record until the person seeking to seal a criminal

482

history record has applied for and received a certificate of

483

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

484

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

485

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

486

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

487

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

488

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

489

a predicate offense for registration as a sexual predator

490

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

491

alone is sufficient to require such registration, or for

492

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

493

not be sealed, without regard to whether adjudication was

494

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

495

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

496

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

497

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

498

order sealing of a criminal history record pertaining to one

499

arrest or one incident of alleged criminal activity, except as

500

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

501

order the sealing of a criminal history record pertaining to more

502

than one arrest if the additional arrests directly relate to the

503

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

504

records pertaining to such additional arrests, such intent must

505

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

506

any record pertaining to such additional arrests if the order to

507

seal does not articulate the intention of the court to seal

508

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

509

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

510

a criminal history record pertaining to one arrest or one

511

incident of alleged criminal activity. Notwithstanding any law to

512

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

513

court orders, and official requests of other jurisdictions

514

relating to sealing, correction, or confidential handling of

515

criminal history records or information derived therefrom. This

516

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

517

history record, and any request for sealing a criminal history

518

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

519

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

520

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

521

only when accompanied by:

522

     (a)  A valid certificate of eligibility for sealing issued

523

by the department pursuant to subsection (2).

524

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

525

petitioner:

526

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

527

filed, been adjudicated guilty of a criminal offense or

528

comparable ordinance violation, or been adjudicated delinquent

529

for committing any felony or a misdemeanor specified in s.

530

943.051(3)(b).

531

     2.  Has not been adjudicated guilty of or adjudicated

532

delinquent for committing any of the acts stemming from the

533

arrest or alleged criminal activity to which the petition to seal

534

pertains.

535

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

536

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

537

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

538

943.058, or from any jurisdiction outside the state.

539

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

540

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

541

or any petition to expunge pending before any court.

542

543

Any person who knowingly provides false information on such sworn

544

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

545

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

546

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

547

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

548

seeking to seal a criminal history record shall apply to the

549

department for a certificate of eligibility for sealing. The

550

department shall, by rule adopted pursuant to chapter 120,

551

establish procedures pertaining to the application for and

552

issuance of certificates of eligibility for sealing. A

553

certificate of eligibility for sealing is valid for 12 months

554

after the date stamped on the certificate when issued by the

555

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

556

department for a new certificate of eligibility. Eligibility for

557

a renewed certification of eligibility must be based on the

558

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

559

renewal application. The department shall issue a certificate of

560

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

561

criminal history record provided that such person:

562

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

563

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

564

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

565

placement in the Department of Law Enforcement Operating Trust

566

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

567

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

568

for a certificate of eligibility is filed, been adjudicated

569

guilty of a criminal offense or comparable ordinance violation,

570

or been adjudicated delinquent for committing any felony or a

571

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

572

     (d)  Has not been adjudicated guilty of or adjudicated

573

delinquent for committing any of the acts stemming from the

574

arrest or alleged criminal activity to which the petition to seal

575

pertains.

576

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

577

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

578

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

579

s. 943.058.

580

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

581

disposition of the arrest or alleged criminal activity to which

582

the petition to seal pertains.

583

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

584

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

585

the completed petition to seal shall be served upon the

586

appropriate state attorney or the statewide prosecutor and upon

587

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

588

agency other than the state a party. The appropriate state

589

attorney or the statewide prosecutor and the arresting agency may

590

respond to the court regarding the completed petition to seal.

591

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

592

court shall certify copies of the order to the appropriate state

593

attorney or the statewide prosecutor and to the arresting agency.

594

The arresting agency is responsible for forwarding the order to

595

any other agency to which the arresting agency disseminated the

596

criminal history record information to which the order pertains.

597

The department shall forward the order to seal to the Federal

598

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

599

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

600

court reflect has received the criminal history record from the

601

court.

602

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

603

1, 1992, the department shall notify the appropriate state

604

attorney or statewide prosecutor of any order to seal which is

605

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

606

record has previously been convicted of a crime or comparable

607

ordinance violation or has had a prior criminal history record

608

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

609

receipt of such notice, the appropriate state attorney or

610

statewide prosecutor shall take action, within 60 days, to

611

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

612

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

613

order is voided by the court.

614

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

615

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

616

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

617

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

618

department must notify the issuing court, the appropriate state

619

attorney or statewide prosecutor, the petitioner or the

620

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

621

noncompliance. The appropriate state attorney or statewide

622

prosecutor shall take action within 60 days to correct the record

623

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

624

including contempt of court, shall arise against any criminal

625

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

626

the petitioner for such order failed to obtain the certificate of

627

eligibility as required by this section or when such order does

628

not comply with the requirements of this section.

629

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

630

this section does not require that such record be surrendered to

631

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

632

department and other criminal justice agencies.

633

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

634

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

635

a court of competent jurisdiction pursuant to this section is

636

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

637

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

638

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

639

attorney, to criminal justice agencies for their respective

640

criminal justice purposes, which include conducting a criminal

641

history background check for approval of firearms purchases or

642

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

643

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

644

their respective licensing, access authorization, and employment

645

purposes.

646

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

647

this section or under other provisions of law, including former

648

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

649

deny or fail to acknowledge the arrests and subsequent

650

dispositions covered by the sealed record, except when the

651

subject of the record:

652

     1.  Is a candidate for employment with a criminal justice

653

agency;

654

     2.  Is a defendant in a criminal prosecution;

655

     3.  Concurrently or subsequently petitions for relief under

656

this section or s. 943.0585;

657

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

658

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

659

with the Department of Children and Family Services or the

660

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

661

contractor or licensee in a sensitive position having direct

662

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

663

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

664

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

665

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

666

985.644, chapter 400, or chapter 429;

667

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

668

of Education, any district school board, any university

669

laboratory school, any charter school, any private or parochial

670

school, or any local governmental entity that licenses child care

671

facilities;

672

     7.  Is attempting to purchase a firearm from a licensed

673

importer, licensed manufacturer, or licensed dealer and is

674

subject to a criminal history background check under state or

675

federal law; or

676

     8.  Is seeking authorization from a Florida seaport

677

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

678

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

679

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

680

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

681

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

682

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

683

be otherwise liable for giving a false statement by reason of

684

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

685

history record, including when asked on an employment

686

application.

687

     (c)  Information relating to the existence of a sealed

688

criminal record provided in accordance with the provisions of

689

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

690

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

691

except that the department shall disclose the sealed criminal

692

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

693

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

694

authorization, and employment purposes. It is unlawful for any

695

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

696

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

697

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

698

existence of a sealed criminal history record of a person seeking

699

employment, access authorization, or licensure with such entity

700

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

701

record relates or to persons having direct responsibility for

702

employment, access authorization, or licensure decisions. Any

703

person who violates the provisions of this paragraph commits a

704

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

705

775.082 or s. 775.083.

706

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

707

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

708

section constitutes a general reference under the doctrine of

709

incorporation by reference.

710

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

711

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

712

criminal history record after having secured one previous

713

expunction or sealing under the following circumstances only.

714

Before petitioning the court for such relief, the person must

715

apply to the department to obtain a certificate of eligibility

716

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

717

department shall issue the certificate only if the person has not

718

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

719

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

720

criminal history record. All other provisions and requirements of

721

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

722

criminal history record.

723

     Section 7. The Office of Program Policy Analysis and

724

Government Accountability, in cooperation with the Department of

725

Law Enforcement, shall:

726

(1) Assess current safeguards for the accuracy of the

727

criminal history data contained in the Department of Law

728

Enforcement's Computerized Criminal History (CCH) database.

729

     (2) Assess the current process available to potential

730

private employers or licensing entities in determining whether an

731

applicant has a criminal history.

732

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

733

potential private employer or licensing entity to determine

734

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

735

adjudication withheld" criminal history question on an

736

application is truthful and complete.

737

     (4) Assess the feasibility of establishing appropriate

738

privacy safeguards to protect job or license applicants, such as

739

providing informed consent and the opportunity to review a

740

criminal history record before a job or licensing application is

741

made, before the criminal history record is provided to the

742

potential employer or licensing entity, and before adverse action

743

is taken by the potential employer or licensing entity.

744

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

745

the completeness of the criminal history record and the consumer

746

readability of the criminal history record.

747

748

The Office of Program Policy Analysis and Government

749

Accountability shall report its findings to the President of the

750

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

751

2009.

752

     Section 8.  This act shall take effect July 1, 2008.

753

754

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

755

And the title is amended as follows:

756

     Delete everything before the enacting clause

757

and insert:

758

A bill to be entitled

759

An act relating to criminal justice; providing legislative

760

intent; requiring state agencies and regulatory boards to

761

submit to the Governor and legislative officers a report

762

that states current restrictions on employment of ex-

763

offenders and possible alternatives that are compatible

764

with public safety; requiring that such report be

765

submitted in 2011 and then every eight years thereafter;

766

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

767

be disqualified from receiving a license, permit, or

768

certificate or from obtaining public employment on the

769

grounds that the person's civil rights have not been

770

restored; providing that a person is not required to

771

secure the restoration of his or her civil rights or prove

772

that his or her civil rights have been restored in order

773

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

774

public employment; amending s. 760.10, F.S.; prohibiting

775

an employer from requesting, making, or keeping certain

776

criminal history records; prohibiting the criminal

777

prosecution for perjury in certain circumstances; amending

778

s. 943.0581, F.S.; authorizing the arresting agency or the

779

agency where the warrant was issued to request an

780

administrative expunction; amending s. 943.0585, F.S.;

781

allowing an expungement of a criminal history record when

782

the subject of the record has been acquitted of the charge

783

at trial; requiring the clerk of the court to place

784

information about the availability of criminal history

785

sealing and expunction on the court's Internet website and

786

provide a link to the Department of Law Enforcement's

787

website related to such information; clarifying under what

788

circumstances a person may legally deny an expunged

789

criminal history record; authorizing disclosure of the

790

contents of an expunged record upon receipt of a written,

791

notarized request from the record subject; amending s.

792

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

793

person may legally deny a sealed criminal history record;

794

authorizing a person to petition the court to seek a

795

second criminal history record sealing under certain

796

circumstances; requiring the Office of Program Policy

797

Analysis and Government Accountability to conduct a study;

798

specifying the research questions for the study; requiring

799

a report to be submitted to the Legislature; providing an

800

effective date.

4/7/2008  2:12:00 PM     CJ.GO.06823