1 | Representative Needelman offered the following: |
2 |
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3 | Amendment to Senate Amendment (206662) (with title |
4 | amendment) |
5 | Between lines 69 and 70, insert: |
6 | Section 4. Effective upon the effective date of HB 7089 or |
7 | similar legislation, if such legislation becomes law, paragraph |
8 | (a) of subsection (3) of section 943.053, Florida Statutes, is |
9 | amended to read: |
10 | 943.053 Dissemination of criminal justice information; |
11 | fees.-- |
12 | (3)(a)1. Criminal history information, including |
13 | information relating to minors, compiled by the Criminal Justice |
14 | Information Program from intrastate sources shall be available |
15 | on a priority basis to criminal justice agencies for criminal |
16 | justice purposes free of charge. After providing the program |
17 | with all known identifying information, persons in the private |
18 | sector and noncriminal justice agencies may be provided criminal |
19 | history information upon tender of fees as established in this |
20 | subsection and in the manner prescribed by rule of the |
21 | Department of Law Enforcement. Such fees are to offset the cost |
22 | of producing the record information, including the total cost of |
23 | creating, storing, maintaining, updating, retrieving, improving, |
24 | and providing criminal history information in a centralized, |
25 | automated database, including personnel, technology, and |
26 | infrastructure expenses. Any access to criminal history |
27 | information by the private sector or noncriminal justice |
28 | agencies as provided in this subsection shall be assessed |
29 | without regard to the quantity or category of criminal history |
30 | record information requested. Fees may be waived or reduced by |
31 | the executive director of the Department of Law Enforcement for |
32 | good cause shown. |
33 | 3. The subject of a criminal history record which is |
34 | confidential and exempt from s. 119.07(1) and s. 24(a), Art. I |
35 | of the State Constitution under subparagraph 2. when he or she |
36 | attains the age of 18 years may thereafter lawfully deny or fail |
37 | to acknowledge the arrests and dispositions covered by the |
38 | confidentiality and exemption, except when the subject of the |
39 | record: |
40 | a. Is a candidate for employment with a criminal justice |
41 | agency; |
42 | b. Is a defendant in a criminal prosecution; |
43 | c. Petitions for expunction or sealing under s. 943.0585 |
44 | or 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 |
47 | with the Department of Children and Family Services or the |
48 | Department of Juvenile Justice or to be employed or used by a |
49 | contractor or licensee of either department in a sensitive |
50 | position having direct contact with children, the |
51 | developmentally disabled, the aged, or the elderly as provided |
52 | in s. 110.1127(3), s. 393.063, s. 394.4572(1), s. 397.451, s. |
53 | 402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4), s. |
54 | 415.103, chapter 916, s. 985.644, chapter 400, or chapter 429; |
55 | f. Is seeking to be employed or licensed by the Department |
56 | of Education, any district school board, any university |
57 | laboratory school, any charter school, any private or parochial |
58 | school, or any local governmental entity that licenses child |
59 | care facilities; |
60 | g. Is attempting to purchase a firearm from a licensed |
61 | importer, licensed manufacturer, or licensed dealer and is |
62 | subject to a criminal history background check under state or |
63 | federal law; or |
64 | h. Is seeking authorization from a Florida seaport |
65 | identified in s. 311.09 for employment within or access to one |
66 | or more of such seaports pursuant to s. 311.12 or s. 311.125. |
67 | 4. Subject to the exceptions in subparagraph 3., a person |
68 | whose criminal history record is confidential and exempt from s. |
69 | 119.07(1) and s. 24(a), Art. I of the State Constitution under |
70 | subparagraph 2. when he or she attains the age of 18 years may |
71 | not be held under any provision of law of this state to commit |
72 | perjury or to be otherwise liable for giving a false statement |
73 | by reason of such person's failure to recite or acknowledge the |
74 | confidential and exempt criminal history record. |
75 | Section 5. Paragraph (a) of subsection (4) of section |
76 | 943.0585, Florida Statutes, is amended to read: |
77 | 943.0585 Court-ordered expunction of criminal history |
78 | records.--The courts of this state have jurisdiction over their |
79 | own procedures, including the maintenance, expunction, and |
80 | correction of judicial records containing criminal history |
81 | information to the extent such procedures are not inconsistent |
82 | with the conditions, responsibilities, and duties established by |
83 | this section. Any court of competent jurisdiction may order a |
84 | criminal justice agency to expunge the criminal history record |
85 | of a minor or an adult who complies with the requirements of |
86 | this section. The court shall not order a criminal justice |
87 | agency to expunge a criminal history record until the person |
88 | seeking to expunge a criminal history record has applied for and |
89 | received a certificate of eligibility for expunction pursuant to |
90 | subsection (2). A criminal history record that relates to a |
91 | violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794, |
92 | s. 796.03, s. 800.04, s. 810.14, s. 817.034, s. 825.1025, s. |
93 | 827.071, chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s. |
94 | 893.135, s. 916.1075, a violation enumerated in s. 907.041, or |
95 | any violation specified as a predicate offense for registration |
96 | as a sexual predator pursuant to s. 775.21, without regard to |
97 | whether that offense alone is sufficient to require such |
98 | registration, or for registration as a sexual offender pursuant |
99 | to s. 943.0435, may not be expunged, without regard to whether |
100 | adjudication was withheld, if the defendant was found guilty of |
101 | or pled guilty or nolo contendere to the offense, or if the |
102 | defendant, as a minor, was found to have committed, or pled |
103 | guilty or nolo contendere to committing, the offense as a |
104 | delinquent act. The court may only order expunction of a |
105 | criminal history record pertaining to one arrest or one incident |
106 | of alleged criminal activity, except as provided in this |
107 | section. The court may, at its sole discretion, order the |
108 | expunction of a criminal history record pertaining to more than |
109 | one arrest if the additional arrests directly relate to the |
110 | original arrest. If the court intends to order the expunction of |
111 | records pertaining to such additional arrests, such intent must |
112 | be specified in the order. A criminal justice agency may not |
113 | expunge any record pertaining to such additional arrests if the |
114 | order to expunge does not articulate the intention of the court |
115 | to expunge a record pertaining to more than one arrest. This |
116 | section does not prevent the court from ordering the expunction |
117 | of only a portion of a criminal history record pertaining to one |
118 | arrest or one incident of alleged criminal activity. |
119 | Notwithstanding any law to the contrary, a criminal justice |
120 | agency may comply with laws, court orders, and official requests |
121 | of other jurisdictions relating to expunction, correction, or |
122 | confidential handling of criminal history records or information |
123 | derived therefrom. This section does not confer any right to the |
124 | expunction of any criminal history record, and any request for |
125 | expunction of a criminal history record may be denied at the |
126 | sole discretion of the court. |
127 | (4) EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.--Any |
128 | criminal history record of a minor or an adult which is ordered |
129 | expunged by a court of competent jurisdiction pursuant to this |
130 | section must be physically destroyed or obliterated by any |
131 | criminal justice agency having custody of such record; except |
132 | that any criminal history record in the custody of the |
133 | department must be retained in all cases. A criminal history |
134 | record ordered expunged that is retained by the department is |
135 | confidential and exempt from the provisions of s. 119.07(1) and |
136 | s. 24(a), Art. I of the State Constitution and not available to |
137 | any person or entity except upon order of a court of competent |
138 | jurisdiction. A criminal justice agency may retain a notation |
139 | indicating compliance with an order to expunge. |
140 | (a) The person who is the subject of a criminal history |
141 | record that is expunged under this section or under other |
142 | provisions of law, including s. 943.0515, former s. 893.14, |
143 | former s. 901.33, and former s. 943.058, may lawfully deny or |
144 | fail to acknowledge the arrests covered by the expunged record, |
145 | except when the subject of the record: |
146 | 1. Is a candidate for employment with a criminal justice |
147 | agency; |
148 | 2. Is a defendant in a criminal prosecution; |
149 | 3. Concurrently or subsequently petitions for relief under |
150 | this 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 |
153 | with the Department of Children and Family Services or the |
154 | Department of Juvenile Justice or to be employed or used by such |
155 | contractor or licensee in a sensitive position having direct |
156 | contact with children, the developmentally disabled, the aged, |
157 | or the elderly as provided in s. 110.1127(3), s. 393.063, s. |
158 | 394.4572(1), s. 397.451, s. 402.302(3), s. 402.313(3), s. |
159 | 409.175(2)(i), s. 415.102(4), chapter 916, s. 985.644, chapter |
160 | 400, or chapter 429; |
161 | 6. Is seeking to be employed or licensed by the Department |
162 | of Education, any district school board, any university |
163 | laboratory school, any charter school, any private or parochial |
164 | school, or any local governmental entity that licenses child |
165 | care facilities; or |
166 | 7. Is seeking authorization from a Florida seaport |
167 | identified in s. 311.09 for employment within or access to one |
168 | or more of such seaports pursuant to s. 311.12 or s. 311.125. |
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171 | ----------------------------------------------------- |
172 | T I T L E A M E N D M E N T |
173 | Remove line 1245 and insert: |
174 | options; amending s. 943.053, F.S.; revising provisions relating |
175 | to dissemination of criminal justice information; amending s. |
176 | 943.0585, F.S., relating to court-ordered expunction of criminal |
177 | history records, to revise a reference; amending s. 984.05, |
178 | F.S., conforming cross- |