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The Committee on Criminal Justice (Dockery) recommended the

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following amendment:

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     Senate Amendment (with title amendment)

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     Between line(s) 68 and 69

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and insert:

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     Section 2.  Section 943.0561, Florida Statutes, is created

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to read:

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     943.0561 Unlawful dissemination of sealed or expunged

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criminal records by private sector third-party background

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screening companies.-

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     (1) The Legislature finds that issues of information

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quality in criminal history databases, whether commercial or

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state, require adequate privacy safeguards that provide

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individuals a meaningful opportunity to correct inaccurate or

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incomplete information before it has an adverse effect on an

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employment or licensure opportunity. Providing a process for

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appealing incorrect or incomplete records will enhance individual

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protections for privacy and the fair use of the information.

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     (2) It is unlawful for any person, business, corporation,

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partnership, or other private entity to knowingly make available,

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lend, donate, or sell any criminal history record obtained from

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the Department of Law Enforcement or any local, county, or state

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entity, which has been sealed or expunged or otherwise made

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exempt from public dissemination pursuant to s. 943.059.

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     (3) Any person who is aggrieved by a violation of this

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section or disputes the unlawful dissemination of a sealed or

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expunged record may contact the private entity and request a

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correction of information. A record correction must be requested

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in writing by certified mail to the entity. Once received, the

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person, business, corporation, partnership, or other private

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entity who disseminated the disputed record must conduct an

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investigation within 30 days of receipt of the correction

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request, unless the dispute is deemed frivolous. The private

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entity must send to the person requesting the correction a

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written investigation report and a copy of the revised criminal

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history record if changes were made. The person requesting the

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correction may also request that revised criminal history records

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be sent to recent recipients.

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     (4) A person who knowingly violates subsection (2) shall be

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guilty of a misdemeanor of the first degree, punishable as

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provide in s. 775.082 or s. 775.083.

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     (5) No person, business, corporation, partnership, or

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private entity may be held civilly liable for disseminating a

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disputed record, made in good faith pursuant to this subsection.

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     Section 3.  Section 943.0581, Florida Statutes, is amended

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to read:

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     943.0581  Administrative expunction.--

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     (1)  Notwithstanding any law dealing generally with the

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preservation and destruction of public records, the department

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

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administrative expunction of any nonjudicial record of an arrest

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

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

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in the manner prescribed by rule for the administrative

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

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

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

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jurisdiction, to have been arrested contrary to law or by

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mistake.

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

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

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in the manner prescribed by rule for the administrative

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expunction of any nonjudicial record of an arrest alleged to have

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

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application is supported by the endorsement of the head of the

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

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

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occurred.

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     (4)  An application for administrative expunction shall

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include an affidavit executed by the chief of the law enforcement

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

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

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

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

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

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

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offender based tracking system number. The application shall be

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on the submitting agency's letterhead.

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

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

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

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

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

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warrant, capias or pick-up order was issued.

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

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under this section shall be admissible as evidence in any

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judicial or administrative proceeding or otherwise be construed

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

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arrest.

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     Section 4.  Section 943.0585, Florida Statutes, is amended

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to read:

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     943.0585  Court-ordered expunction of criminal history

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

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own procedures, including the maintenance, expunction, and

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correction of judicial records containing criminal history

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information to the extent such procedures are not inconsistent

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with the conditions, responsibilities, and duties established by

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this section. Any court of competent jurisdiction may order a

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criminal justice agency to expunge the criminal history record of

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

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

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expunge a criminal history record until the person seeking to

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expunge a criminal history record has applied for and received a

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certificate of eligibility for expunction pursuant to subsection

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

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

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

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

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

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specified as a predicate offense for registration as a sexual

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

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offense alone is sufficient to require such registration, or for

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

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not be expunged, without regard to whether adjudication was

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

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

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

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

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order expunction of a criminal history record pertaining to one

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arrest or one incident of alleged criminal activity, except as

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

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order the expunction of a criminal history record pertaining to

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more than one arrest if the additional arrests directly relate to

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

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of records pertaining to such additional arrests, such intent

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

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expunge any record pertaining to such additional arrests if the

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order to expunge does not articulate the intention of the court

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

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section does not prevent the court from ordering the expunction

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

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arrest or one incident of alleged criminal activity.

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Notwithstanding any law to the contrary, a criminal justice

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

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of other jurisdictions relating to expunction, correction, or

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confidential handling of criminal history records or information

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

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expunction of any criminal history record, and any request for

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

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discretion of the court.

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

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petition to a court to expunge a criminal history record is

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complete only when accompanied by:

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     (a)  A valid certificate of eligibility for expunction

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issued by the department pursuant to subsection (2).

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

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petitioner:

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

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filed, been adjudicated guilty of a criminal offense or

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comparable ordinance violation, or been adjudicated delinquent

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for committing any felony or a misdemeanor specified in s.

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943.051(3)(b).

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     2.  Has not been adjudicated guilty of, or adjudicated

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delinquent for committing, any of the acts stemming from the

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arrest or alleged criminal activity to which the petition

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pertains.

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

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

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

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outside the state, unless expunction is sought of a criminal

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history record previously sealed for 10 years pursuant to

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

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expunction.

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

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

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expunge or any petition to seal pending before any court.

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Any person who knowingly provides false information on such sworn

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

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

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

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petitioning the court to expunge a criminal history record, a

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person seeking to expunge a criminal history record shall apply

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to the department for a certificate of eligibility for

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expunction. The department shall, by rule adopted pursuant to

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chapter 120, establish procedures pertaining to the application

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for and issuance of certificates of eligibility for expunction. A

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certificate of eligibility for expunction is valid for 12 months

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after the date stamped on the certificate when issued by the

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

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department for a new certificate of eligibility. Eligibility for

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a renewed certification of eligibility must be based on the

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

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renewal application. The department shall issue a certificate of

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

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criminal history record if that person:

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

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written, certified statement from the appropriate state attorney

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or statewide prosecutor which indicates:

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     1.  That an indictment, information, or other charging

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document was not filed or issued in the case.

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     2.  That an indictment, information, or other charging

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

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prosequi by the state attorney or statewide prosecutor, or was

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

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the charges related to the arrest or alleged criminal activity to

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which the petition to expunge pertains resulted in a trial,

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

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an adjudication of guilt.

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

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

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

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

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

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any violation specified as a predicate offense for registration

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

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whether that offense alone is sufficient to require such

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registration, or for registration as a sexual offender pursuant

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

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

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

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

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delinquent act, without regard to whether adjudication was

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withheld.

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

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placement in the Department of Law Enforcement Operating Trust

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

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

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disposition of the charge to which the petition to expunge

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pertains.

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

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for a certificate of eligibility is filed, been adjudicated

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guilty of a criminal offense or comparable ordinance violation,

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or been adjudicated delinquent for committing any felony or a

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

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

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delinquent for committing, any of the acts stemming from the

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arrest or alleged criminal activity to which the petition to

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expunge pertains.

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

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

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

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sought of a criminal history record previously sealed for 10

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

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eligible for expunction.

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

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disposition of the arrest or alleged criminal activity to which

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the petition to expunge pertains.

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     (h)  Has previously obtained a court order sealing the

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

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

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was withheld or because all charges related to the arrest or

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alleged criminal activity to which the petition to expunge

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pertains were not dismissed prior to trial, without regard to

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whether the outcome of the trial was other than an adjudication

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

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

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not entered or all charges related to the arrest or alleged

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criminal activity to which the petition to expunge pertains were

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dismissed prior to trial.

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Each Clerk of Court shall place information on his or her

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Internet web site about the availability of criminal history

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sealing and expunction. This information shall include a link to

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the department's web pages for criminal history seal and expunge

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information and applications.

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

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

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the completed petition to expunge shall be served upon the

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appropriate state attorney or the statewide prosecutor and upon

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

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agency other than the state a party. The appropriate state

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attorney or the statewide prosecutor and the arresting agency may

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respond to the court regarding the completed petition to expunge.

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

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court shall certify copies of the order to the appropriate state

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attorney or the statewide prosecutor and the arresting agency.

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The arresting agency is responsible for forwarding the order to

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any other agency to which the arresting agency disseminated the

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criminal history record information to which the order pertains.

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The department shall forward the order to expunge to the Federal

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

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

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court reflect has received the criminal history record from the

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court.

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

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

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attorney or statewide prosecutor of an order to expunge which is

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

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record has previously been convicted of a crime or comparable

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ordinance violation or has had a prior criminal history record

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

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state attorney or statewide prosecutor shall take action, within

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

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

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time as the order is voided by the court.

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

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

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

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

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the department must notify the issuing court, the appropriate

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state attorney or statewide prosecutor, the petitioner or the

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

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noncompliance. The appropriate state attorney or statewide

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prosecutor shall take action within 60 days to correct the record

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

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including contempt of court, shall arise against any criminal

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justice agency for failure to comply with an order to expunge

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when the petitioner for such order failed to obtain the

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certificate of eligibility as required by this section or such

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order does not otherwise comply with the requirements of this

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section.

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

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

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expunged by a court of competent jurisdiction pursuant to this

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section must be physically destroyed or obliterated by any

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criminal justice agency having custody of such record; except

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that any criminal history record in the custody of the department

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

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expunged that is retained by the department is confidential and

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

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of the State Constitution and not available to any person or

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

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criminal justice agency may retain a notation indicating

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compliance with an order to expunge.

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

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record that is expunged under this section or under other

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

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

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the arrests and subsequent dispositions covered by the expunged

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record, except when the subject of the record:

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     1.  Is a candidate for employment with a criminal justice

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agency;

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     2.  Is a defendant in a criminal prosecution;

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     3.  Concurrently or subsequently petitions for relief under

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this section or s. 943.059;

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

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

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with the Department of Children and Family Services or the

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

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contractor or licensee in a sensitive position having direct

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

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

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

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

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400, or chapter 429;

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

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of Education, any district school board, any university

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laboratory school, any charter school, any private or parochial

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school, or any local governmental entity that licenses child care

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facilities; or

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     7.  Is seeking authorization from a Florida seaport

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

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

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

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

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

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

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be otherwise liable for giving a false statement by reason of

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such person's failure to recite or acknowledge an expunged

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criminal history record, including when asked on an employment

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application.

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     (c)  Information relating to the existence of an expunged

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criminal history record which is provided in accordance with

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

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

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except that the department shall disclose the existence of a

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criminal history record ordered expunged to the entities set

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

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respective licensing, access authorization, and employment

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purposes, and to criminal justice agencies for their respective

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

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

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

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disclose information relating to the existence of an expunged

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criminal history record of a person seeking employment, access

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authorization, or licensure with such entity or contractor,

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except to the person to whom the criminal history record relates

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or to persons having direct responsibility for employment, access

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authorization, or licensure decisions. Any person who violates

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this paragraph commits a misdemeanor of the first degree,

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

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

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department upon the receipt of the written, notarized request

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from the subject of the record.

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

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

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section constitutes a general reference under the doctrine of

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incorporation by reference.

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

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read:

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     943.059  Court-ordered sealing of criminal history records.-

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-The courts of this state shall continue to have jurisdiction

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over their own procedures, including the maintenance, sealing,

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and correction of judicial records containing criminal history

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information to the extent such procedures are not inconsistent

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with the conditions, responsibilities, and duties established by

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this section. Any court of competent jurisdiction may order a

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criminal justice agency to seal the criminal history record of a

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minor or an adult who complies with the requirements of this

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

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

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criminal history record has applied for and received a

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certificate of eligibility for sealing pursuant to subsection

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

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

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

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

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

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specified as a predicate offense for registration as a sexual

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

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offense alone is sufficient to require such registration, or for

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

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not be sealed, without regard to whether adjudication was

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

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

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

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

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order sealing of a criminal history record pertaining to one

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arrest or one incident of alleged criminal activity, except as

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

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order the sealing of a criminal history record pertaining to more

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than one arrest if the additional arrests directly relate to the

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

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records pertaining to such additional arrests, such intent must

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

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any record pertaining to such additional arrests if the order to

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seal does not articulate the intention of the court to seal

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

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

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a criminal history record pertaining to one arrest or one

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incident of alleged criminal activity. Notwithstanding any law to

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

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court orders, and official requests of other jurisdictions

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relating to sealing, correction, or confidential handling of

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criminal history records or information derived therefrom. This

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

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history record, and any request for sealing a criminal history

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

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

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

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only when accompanied by:

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     (a)  A valid certificate of eligibility for sealing issued

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by the department pursuant to subsection (2).

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

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petitioner:

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

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filed, been adjudicated guilty of a criminal offense or

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comparable ordinance violation, or been adjudicated delinquent

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for committing any felony or a misdemeanor specified in s.

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943.051(3)(b).

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     2.  Has not been adjudicated guilty of or adjudicated

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delinquent for committing any of the acts stemming from the

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arrest or alleged criminal activity to which the petition to seal

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pertains.

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

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

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

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943.058, or from any jurisdiction outside the state.

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

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

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or any petition to expunge pending before any court.

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Any person who knowingly provides false information on such sworn

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

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

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

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

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seeking to seal a criminal history record shall apply to the

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department for a certificate of eligibility for sealing. The

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department shall, by rule adopted pursuant to chapter 120,

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establish procedures pertaining to the application for and

463

issuance of certificates of eligibility for sealing. A

464

certificate of eligibility for sealing is valid for 12 months

465

after the date stamped on the certificate when issued by the

466

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

467

department for a new certificate of eligibility. Eligibility for

468

a renewed certification of eligibility must be based on the

469

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

470

renewal application. The department shall issue a certificate of

471

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

472

criminal history record provided that such person:

473

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

474

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

475

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

476

placement in the Department of Law Enforcement Operating Trust

477

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

478

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

479

for a certificate of eligibility is filed, been adjudicated

480

guilty of a criminal offense or comparable ordinance violation,

481

or been adjudicated delinquent for committing any felony or a

482

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

483

     (d)  Has not been adjudicated guilty of or adjudicated

484

delinquent for committing any of the acts stemming from the

485

arrest or alleged criminal activity to which the petition to seal

486

pertains.

487

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

488

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

489

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

490

s. 943.058.

491

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

492

disposition of the arrest or alleged criminal activity to which

493

the petition to seal pertains.

494

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

495

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

496

the completed petition to seal shall be served upon the

497

appropriate state attorney or the statewide prosecutor and upon

498

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

499

agency other than the state a party. The appropriate state

500

attorney or the statewide prosecutor and the arresting agency may

501

respond to the court regarding the completed petition to seal.

502

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

503

court shall certify copies of the order to the appropriate state

504

attorney or the statewide prosecutor and to the arresting agency.

505

The arresting agency is responsible for forwarding the order to

506

any other agency to which the arresting agency disseminated the

507

criminal history record information to which the order pertains.

508

The department shall forward the order to seal to the Federal

509

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

510

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

511

court reflect has received the criminal history record from the

512

court.

513

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

514

1, 1992, the department shall notify the appropriate state

515

attorney or statewide prosecutor of any order to seal which is

516

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

517

record has previously been convicted of a crime or comparable

518

ordinance violation or has had a prior criminal history record

519

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

520

receipt of such notice, the appropriate state attorney or

521

statewide prosecutor shall take action, within 60 days, to

522

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

523

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

524

order is voided by the court.

525

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

526

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

527

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

528

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

529

department must notify the issuing court, the appropriate state

530

attorney or statewide prosecutor, the petitioner or the

531

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

532

noncompliance. The appropriate state attorney or statewide

533

prosecutor shall take action within 60 days to correct the record

534

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

535

including contempt of court, shall arise against any criminal

536

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

537

the petitioner for such order failed to obtain the certificate of

538

eligibility as required by this section or when such order does

539

not comply with the requirements of this section.

540

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

541

this section does not require that such record be surrendered to

542

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

543

department and other criminal justice agencies.

544

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

545

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

546

a court of competent jurisdiction pursuant to this section is

547

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

548

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

549

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

550

attorney, to criminal justice agencies for their respective

551

criminal justice purposes, which include conducting a criminal

552

history background check for approval of firearms purchases or

553

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

554

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

555

their respective licensing, access authorization, and employment

556

purposes.

557

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

558

this section or under other provisions of law, including former

559

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

560

deny or fail to acknowledge the arrests and subsequent

561

dispositions covered by the sealed record, except when the

562

subject of the record:

563

     1.  Is a candidate for employment with a criminal justice

564

agency;

565

     2.  Is a defendant in a criminal prosecution;

566

     3.  Concurrently or subsequently petitions for relief under

567

this section or s. 943.0585;

568

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

569

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

570

with the Department of Children and Family Services or the

571

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

572

contractor or licensee in a sensitive position having direct

573

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

574

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

575

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

576

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

577

985.644, chapter 400, or chapter 429;

578

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

579

of Education, any district school board, any university

580

laboratory school, any charter school, any private or parochial

581

school, or any local governmental entity that licenses child care

582

facilities;

583

     7.  Is attempting to purchase a firearm from a licensed

584

importer, licensed manufacturer, or licensed dealer and is

585

subject to a criminal history background check under state or

586

federal law; or

587

     8.  Is seeking authorization from a Florida seaport

588

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

589

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

590

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

591

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

592

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

593

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

594

be otherwise liable for giving a false statement by reason of

595

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

596

history record, including when asked on an employment

597

application.

598

     (c)  Information relating to the existence of a sealed

599

criminal record provided in accordance with the provisions of

600

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

601

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

602

except that the department shall disclose the sealed criminal

603

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

604

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

605

authorization, and employment purposes. It is unlawful for any

606

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

607

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

608

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

609

existence of a sealed criminal history record of a person seeking

610

employment, access authorization, or licensure with such entity

611

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

612

record relates or to persons having direct responsibility for

613

employment, access authorization, or licensure decisions. Any

614

person who violates the provisions of this paragraph commits a

615

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

616

775.082 or s. 775.083.

617

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

618

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

619

section constitutes a general reference under the doctrine of

620

incorporation by reference.

621

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

622

criminal history record, after having secured one previous

623

expunction or sealing, under the following circumstances. Prior

624

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

625

the department to obtain a certificate of eligibility for a

626

sealing of his criminal history record only if five years have

627

passed without any subsequent arrests occurring since the date of

628

the court order for the initial criminal history record

629

expunction or sealing. All other provisions and requirements

630

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

631

his criminal history record.

632

633

(Redesignate Subsequent Section.)

634

635

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

636

And the title is amended as follows:

637

     On line 11, after the semicolon

638

insert:

639

creating s. 943.0561, F.S.; specifying legislative intent;

640

provides that it is a first degree misdemeanor to

641

disseminate certain criminal history records which have

642

been sealed or expunged; providing a process to correct

643

information on a criminal history record; provides

644

immunity from civil liability; amending s. 943.0581, F.S.,

645

permitting either the arresting agency or the agency where

646

the warrant was issued to request an administrative

647

expunction; amending s. 943.0585, F.S., requiring the

648

Clerk of the Court to place information about the

649

availability of criminal history sealing and expunction on

650

his Internet web site, including a link to the Department

651

of Law Enforcement's web pages related to such

652

information; clarifying under what circumstances a person

653

can legally deny an expunged criminal history record;

654

authorizing disclosure of the contents of an expunged

655

record upon receipt of a written, notarized request from

656

the record subject; amending s. 943.059, F.S.; clarifying

657

under what circumstances a person can legally deny a

658

sealed criminal history record; providing that a person

659

may petition the court to seek a second criminal history

660

record sealing under certain circumstances;

3/17/2008  10:23:00 AM     CJ.CJ.05098