Florida Senate - 2008 SB 2254

By Senator Siplin

19-03685A-08 20082254__

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A bill to be entitled

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An act relating to court-ordered expunction and sealing of

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criminal history records; amending s. 943.0585, F.S.;

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increasing from one to three the number of arrests or

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incidents that a petitioner may offer for expunction by

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the court without certain conditions; decreasing the

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number of years that a criminal history record must be

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sealed before the criminal history record is eligible for

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expunction; amending s. 943.059, F.S.; increasing from one

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to three the number of arrests or incidents that a

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petitioner may request be sealed by the court without

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certain conditions; providing an effective date.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1.  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 three

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arrests one arrest or three incidents one incident of alleged

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criminal activity, except as provided in this section. The court

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may, at its sole discretion, order the expunction of a criminal

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history record pertaining to more than three arrests one arrest

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if the additional arrests directly relate to the original arrests

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arrest. If the court intends to order the expunction of records

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pertaining to such additional arrests, such intent must be

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specified in the order. A criminal justice agency may not expunge

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any record pertaining to such additional arrests if the order to

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expunge does not articulate the intention of the court to expunge

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a record pertaining to more than three arrests 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

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three arrests one arrest or three incidents one incident of

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alleged criminal activity. Notwithstanding any law to the

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

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orders, and official requests of other jurisdictions relating to

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expunction, correction, or confidential handling of criminal

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history records or information derived therefrom. This section

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does not confer any right to the expunction of any criminal

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history record, and any request for expunction of a criminal

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history record may be denied at the sole 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 not never secured more than two previous sealings or

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expunctions a prior sealing or expunction of a criminal history

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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, or from any jurisdiction outside the state,

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unless expunction is sought of a criminal history record

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previously sealed for 2 10 years pursuant to paragraph (2)(h) and

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the record is otherwise eligible for 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 not never secured more than two previous sealings

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or expunctions a prior sealing or expunction of a criminal

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

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901.33, or former s. 943.058, unless expunction is sought of a

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criminal history record previously sealed for 2 10 years pursuant

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

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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 2 10 years because

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adjudication was withheld or because all charges related to the

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arrest or alleged criminal activity to which the petition to

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expunge pertains were not dismissed prior to trial, without

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

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adjudication of guilt. The requirement for the record to have

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previously been sealed for a minimum of 2 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.

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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 covered by the expunged record, except when the

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subject of the record:

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     1.  Is a candidate for employment with a criminal justice

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agency;

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     2.  Is a defendant in a criminal prosecution;

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     3.  Concurrently or subsequently petitions for relief under

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this section or s. 943.059;

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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.

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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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     (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 2.  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

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

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jurisdiction over their own procedures, including the

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maintenance, sealing, and correction of judicial records

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containing criminal history information to the extent such

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procedures are not inconsistent with the conditions,

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responsibilities, and duties established by this section. Any

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court of competent jurisdiction may order a criminal justice

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

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who complies with the requirements of this section. The court

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shall not order a criminal justice agency to seal a criminal

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history record until the person seeking to seal a criminal

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history record has applied for and received a certificate of

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

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

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

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

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

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

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a predicate offense for registration as a sexual predator

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

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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 three

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arrests one arrest or three incidents one incident of alleged

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criminal activity, except as provided in this section. The court

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may, at its sole discretion, order the sealing of a criminal

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history record pertaining to more than three arrests one arrest

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if the additional arrests directly relate to the original arrests

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

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pertaining to such additional arrests, such intent must be

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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 three arrests one arrest. This

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section does not prevent the court from ordering the sealing of

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only a portion of a criminal history record pertaining to three

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arrests one arrest or three incidents one incident of alleged

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criminal activity. Notwithstanding any law to the contrary, a

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criminal justice agency may comply with laws, court orders, and

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official requests of other jurisdictions relating to sealing,

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correction, or confidential handling of criminal history records

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or information derived therefrom. This section does not confer

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any right to the sealing of any criminal history record, and any

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request for sealing a criminal history record may be denied at

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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.

367

     3. Has not never secured more than two previous sealings or

368

expunctions a prior sealing or expunction of a criminal history

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

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former s. 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,

383

establish procedures pertaining to the application for and

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issuance of certificates of eligibility for sealing. A

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certificate of eligibility for sealing is valid for 12 months

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after the date stamped on the certificate when issued by the

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

388

department for a new certificate of eligibility. Eligibility for

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a renewed certification of eligibility must be based on the

390

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

392

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

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criminal history record provided that such person:

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

395

disposition of the charge or charges to which the petition to

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seal pertains.

397

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

398

placement in the Department of Law Enforcement Operating Trust

399

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

400

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

401

for a certificate of eligibility is filed, been adjudicated

402

guilty of a criminal offense or comparable ordinance violation,

403

or been adjudicated delinquent for committing any felony or a

404

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

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     (d)  Has not been adjudicated guilty of or adjudicated

406

delinquent for committing any of the acts stemming from the

407

arrest or alleged criminal activity to which the petition to seal

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pertains.

409

     (e) Has not never secured more than two previous sealings

410

or expunctions a prior sealing or expunction of a criminal

411

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

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901.33, or former s. 943.058.

413

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

414

disposition of the arrest or alleged criminal activity to which

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the petition to seal pertains.

416

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

417

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

418

the completed petition to seal shall be served upon the

419

appropriate state attorney or the statewide prosecutor and upon

420

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

421

agency other than the state a party. The appropriate state

422

attorney or the statewide prosecutor and the arresting agency may

423

respond to the court regarding the completed petition to seal.

424

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

425

court shall certify copies of the order to the appropriate state

426

attorney or the statewide prosecutor and to the arresting agency.

427

The arresting agency is responsible for forwarding the order to

428

any other agency to which the arresting agency disseminated the

429

criminal history record information to which the order pertains.

430

The department shall forward the order to seal to the Federal

431

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

432

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

433

court reflect has received the criminal history record from the

434

court.

435

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

436

1, 1992, the department shall notify the appropriate state

437

attorney or statewide prosecutor of any order to seal which is

438

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

439

record has previously been convicted of a crime or comparable

440

ordinance violation or has had a prior criminal history record

441

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

442

state attorney or statewide prosecutor shall take action, within

443

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

444

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

445

time as the order is voided by the court.

446

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

447

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

448

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

449

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

450

department must notify the issuing court, the appropriate state

451

attorney or statewide prosecutor, the petitioner or the

452

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

453

noncompliance. The appropriate state attorney or statewide

454

prosecutor shall take action within 60 days to correct the record

455

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

456

including contempt of court, shall arise against any criminal

457

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

458

the petitioner for such order failed to obtain the certificate of

459

eligibility as required by this section or when such order does

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not comply with the requirements of this section.

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

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this section does not require that such record be surrendered to

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

464

department and other criminal justice agencies.

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

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

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a court of competent jurisdiction pursuant to this section is

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

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

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

471

attorney, to criminal justice agencies for their respective

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criminal justice purposes, which include conducting a criminal

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history background check for approval of firearms purchases or

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

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

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their respective licensing, access authorization, and employment

477

purposes.

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

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this section or under other provisions of law, including former

480

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

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deny or fail to acknowledge the arrests covered by the sealed

482

record, except when the subject of the record:

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     1.  Is a candidate for employment with a criminal justice

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agency;

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     2.  Is a defendant in a criminal prosecution;

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     3.  Concurrently or subsequently petitions for relief under

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this section or s. 943.0585;

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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

492

contractor or licensee in a sensitive position having direct

493

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), s. 415.103, chapter 916, s.

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985.644, chapter 400, or chapter 429;

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

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of Education, any district school board, any university

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laboratory school, any charter school, any private or parochial

501

school, or any local governmental entity that licenses child care

502

facilities;

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     7.  Is attempting to purchase a firearm from a licensed

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importer, licensed manufacturer, or licensed dealer and is

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subject to a criminal history background check under state or

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federal law; or

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     8.  Is seeking authorization from a Florida seaport

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identified in s. 311.09 for employment within or access to one 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 a sealing under this section, former s.

512

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

513

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 a sealed criminal

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history record.

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     (c)  Information relating to the existence of a sealed

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criminal record provided in accordance with the provisions of

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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,

521

except that the department shall disclose the sealed criminal

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

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

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authorization, and employment purposes. It is unlawful for any

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

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

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

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existence of a sealed criminal history record of a person seeking

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employment, access authorization, or licensure with such entity

530

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

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record relates or to persons having direct responsibility for

532

employment, access authorization, or licensure decisions. Any

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person who violates the provisions of this paragraph commits a

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

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775.082 or s. 775.083.

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

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

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section constitutes a general reference under the doctrine of

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incorporation by reference.

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     Section 3.  This act shall take effect July 1, 2008.

CODING: Words stricken are deletions; words underlined are additions.