Amendment
Bill No. CS/HB 7087
Amendment No. 745237
CHAMBER ACTION
Senate House
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1Representative Needelman offered the following:
2
3     Amendment to Senate Amendment (206662) (with title
4amendment)
5     Between lines 69 and 70, insert:
6     Section 4.  Effective upon the effective date of HB 7089 or
7similar legislation, if such legislation becomes law, paragraph
8(a) of subsection (3) of section 943.053, Florida Statutes, is
9amended to read:
10     943.053  Dissemination of criminal justice information;
11fees.--
12     (3)(a)1.  Criminal history information, including
13information relating to minors, compiled by the Criminal Justice
14Information Program from intrastate sources shall be available
15on a priority basis to criminal justice agencies for criminal
16justice purposes free of charge. After providing the program
17with all known identifying information, persons in the private
18sector and noncriminal justice agencies may be provided criminal
19history information upon tender of fees as established in this
20subsection and in the manner prescribed by rule of the
21Department of Law Enforcement. Such fees are to offset the cost
22of producing the record information, including the total cost of
23creating, storing, maintaining, updating, retrieving, improving,
24and providing criminal history information in a centralized,
25automated database, including personnel, technology, and
26infrastructure expenses. Any access to criminal history
27information by the private sector or noncriminal justice
28agencies as provided in this subsection shall be assessed
29without regard to the quantity or category of criminal history
30record information requested. Fees may be waived or reduced by
31the executive director of the Department of Law Enforcement for
32good cause shown.
33     3.  The subject of a criminal history record which is
34confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
35of the State Constitution under subparagraph 2. when he or she
36attains the age of 18 years may thereafter lawfully deny or fail
37to acknowledge the arrests and dispositions covered by the
38confidentiality and exemption, except when the subject of the
39record:
40     a.  Is a candidate for employment with a criminal justice
41agency;
42     b.  Is a defendant in a criminal prosecution;
43     c.  Petitions for expunction or sealing under s. 943.0585
44or s. 943.059;
45     d.  Is a candidate for admission to The Florida Bar;
46     e.  Is seeking to be employed or licensed by or to contract
47with the Department of Children and Family Services or the
48Department of Juvenile Justice or to be employed or used by a
49contractor or licensee of either department in a sensitive
50position having direct contact with children, the
51developmentally disabled, the aged, or the elderly as provided
52in s. 110.1127(3), s. 393.063, s. 394.4572(1), s. 397.451, s.
53402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4), s.
54415.103, chapter 916, s. 985.644, chapter 400, or chapter 429;
55     f.  Is seeking to be employed or licensed by the Department
56of Education, any district school board, any university
57laboratory school, any charter school, any private or parochial
58school, or any local governmental entity that licenses child
59care facilities;
60     g.  Is attempting to purchase a firearm from a licensed
61importer, licensed manufacturer, or licensed dealer and is
62subject to a criminal history background check under state or
63federal law; or
64     h.  Is seeking authorization from a Florida seaport
65identified in s. 311.09 for employment within or access to one
66or more of such seaports pursuant to s. 311.12 or s. 311.125.
67     4.  Subject to the exceptions in subparagraph 3., a person
68whose criminal history record is confidential and exempt from s.
69119.07(1) and s. 24(a), Art. I of the State Constitution under
70subparagraph 2. when he or she attains the age of 18 years may
71not be held under any provision of law of this state to commit
72perjury or to be otherwise liable for giving a false statement
73by reason of such person's failure to recite or acknowledge the
74confidential and exempt criminal history record.
75     Section 5.  Paragraph (a) of subsection (4) of section
76943.0585, Florida Statutes, is amended to read:
77     943.0585  Court-ordered expunction of criminal history
78records.--The courts of this state have jurisdiction over their
79own procedures, including the maintenance, expunction, and
80correction of judicial records containing criminal history
81information to the extent such procedures are not inconsistent
82with the conditions, responsibilities, and duties established by
83this section. Any court of competent jurisdiction may order a
84criminal justice agency to expunge the criminal history record
85of a minor or an adult who complies with the requirements of
86this section. The court shall not order a criminal justice
87agency to expunge a criminal history record until the person
88seeking to expunge a criminal history record has applied for and
89received a certificate of eligibility for expunction pursuant to
90subsection (2). A criminal history record that relates to a
91violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794,
92s. 796.03, s. 800.04, s. 810.14, s. 817.034, s. 825.1025, s.
93827.071, chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s.
94893.135, s. 916.1075, a violation enumerated in s. 907.041, or
95any violation specified as a predicate offense for registration
96as a sexual predator pursuant to s. 775.21, without regard to
97whether that offense alone is sufficient to require such
98registration, or for registration as a sexual offender pursuant
99to s. 943.0435, may not be expunged, without regard to whether
100adjudication was withheld, if the defendant was found guilty of
101or pled guilty or nolo contendere to the offense, or if the
102defendant, as a minor, was found to have committed, or pled
103guilty or nolo contendere to committing, the offense as a
104delinquent act. The court may only order expunction of a
105criminal history record pertaining to one arrest or one incident
106of alleged criminal activity, except as provided in this
107section. The court may, at its sole discretion, order the
108expunction of a criminal history record pertaining to more than
109one arrest if the additional arrests directly relate to the
110original arrest. If the court intends to order the expunction of
111records pertaining to such additional arrests, such intent must
112be specified in the order. A criminal justice agency may not
113expunge any record pertaining to such additional arrests if the
114order to expunge does not articulate the intention of the court
115to expunge a record pertaining to more than one arrest. This
116section does not prevent the court from ordering the expunction
117of only a portion of a criminal history record pertaining to one
118arrest or one incident of alleged criminal activity.
119Notwithstanding any law to the contrary, a criminal justice
120agency may comply with laws, court orders, and official requests
121of other jurisdictions relating to expunction, correction, or
122confidential handling of criminal history records or information
123derived therefrom. This section does not confer any right to the
124expunction of any criminal history record, and any request for
125expunction of a criminal history record may be denied at the
126sole discretion of the court.
127     (4)  EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.--Any
128criminal history record of a minor or an adult which is ordered
129expunged by a court of competent jurisdiction pursuant to this
130section must be physically destroyed or obliterated by any
131criminal justice agency having custody of such record; except
132that any criminal history record in the custody of the
133department must be retained in all cases. A criminal history
134record ordered expunged that is retained by the department is
135confidential and exempt from the provisions of s. 119.07(1) and
136s. 24(a), Art. I of the State Constitution and not available to
137any person or entity except upon order of a court of competent
138jurisdiction. A criminal justice agency may retain a notation
139indicating compliance with an order to expunge.
140     (a)  The person who is the subject of a criminal history
141record that is expunged under this section or under other
142provisions of law, including s. 943.0515, former s. 893.14,
143former s. 901.33, and former s. 943.058, may lawfully deny or
144fail to acknowledge the arrests covered by the expunged record,
145except when the subject of the record:
146     1.  Is a candidate for employment with a criminal justice
147agency;
148     2.  Is a defendant in a criminal prosecution;
149     3.  Concurrently or subsequently petitions for relief under
150this section or s. 943.059;
151     4.  Is a candidate for admission to The Florida Bar;
152     5.  Is seeking to be employed or licensed by or to contract
153with the Department of Children and Family Services or the
154Department of Juvenile Justice or to be employed or used by such
155contractor or licensee in a sensitive position having direct
156contact with children, the developmentally disabled, the aged,
157or the elderly as provided in s. 110.1127(3), s. 393.063, s.
158394.4572(1), s. 397.451, s. 402.302(3), s. 402.313(3), s.
159409.175(2)(i), s. 415.102(4), chapter 916, s. 985.644, chapter
160400, or chapter 429;
161     6.  Is seeking to be employed or licensed by the Department
162of Education, any district school board, any university
163laboratory school, any charter school, any private or parochial
164school, or any local governmental entity that licenses child
165care facilities; or
166     7.  Is seeking authorization from a Florida seaport
167identified in s. 311.09 for employment within or access to one
168or more of such seaports pursuant to s. 311.12 or s. 311.125.
169
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T I T L E  A M E N D M E N T
173     Remove line 1245 and insert:
174options; amending s. 943.053, F.S.; revising provisions relating
175to dissemination of criminal justice information; amending s.
176943.0585, F.S., relating to court-ordered expunction of criminal
177history records, to revise a reference; amending s. 984.05,
178F.S., conforming cross-


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