Amendment
Bill No. HB 7113
Amendment No. 164881
CHAMBER ACTION
Senate House
.
.
.






1Representative Adams offered the following:
2
3     Amendment (with title amendment)
4     Between lines 148 and 149, insert:
5     Section 5.  Paragraph (a) of subsection (4) of section
6943.0585, Florida Statutes, is amended to read:
7     943.0585  Court-ordered expunction of criminal history
8records.--The courts of this state have jurisdiction over their
9own procedures, including the maintenance, expunction, and
10correction of judicial records containing criminal history
11information to the extent such procedures are not inconsistent
12with the conditions, responsibilities, and duties established by
13this section. Any court of competent jurisdiction may order a
14criminal justice agency to expunge the criminal history record
15of a minor or an adult who complies with the requirements of
16this section. The court shall not order a criminal justice
17agency to expunge a criminal history record until the person
18seeking to expunge a criminal history record has applied for and
19received a certificate of eligibility for expunction pursuant to
20subsection (2). A criminal history record that relates to a
21violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794,
22s. 796.03, s. 800.04, s. 810.14, s. 817.034, s. 825.1025, s.
23827.071, chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s.
24893.135, s. 916.1075, a violation enumerated in s. 907.041, or
25any violation specified as a predicate offense for registration
26as a sexual predator pursuant to s. 775.21, without regard to
27whether that offense alone is sufficient to require such
28registration, or for registration as a sexual offender pursuant
29to s. 943.0435, may not be expunged, without regard to whether
30adjudication was withheld, if the defendant was found guilty of
31or pled guilty or nolo contendere to the offense, or if the
32defendant, as a minor, was found to have committed, or pled
33guilty or nolo contendere to committing, the offense as a
34delinquent act. The court may only order expunction of a
35criminal history record pertaining to one arrest or one incident
36of alleged criminal activity, except as provided in this
37section. The court may, at its sole discretion, order the
38expunction of a criminal history record pertaining to more than
39one arrest if the additional arrests directly relate to the
40original arrest. If the court intends to order the expunction of
41records pertaining to such additional arrests, such intent must
42be specified in the order. A criminal justice agency may not
43expunge any record pertaining to such additional arrests if the
44order to expunge does not articulate the intention of the court
45to expunge a record pertaining to more than one arrest. This
46section does not prevent the court from ordering the expunction
47of only a portion of a criminal history record pertaining to one
48arrest or one incident of alleged criminal activity.
49Notwithstanding any law to the contrary, a criminal justice
50agency may comply with laws, court orders, and official requests
51of other jurisdictions relating to expunction, correction, or
52confidential handling of criminal history records or information
53derived therefrom. This section does not confer any right to the
54expunction of any criminal history record, and any request for
55expunction of a criminal history record may be denied at the
56sole discretion of the court.
57     (4)  EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.--Any
58criminal history record of a minor or an adult which is ordered
59expunged by a court of competent jurisdiction pursuant to this
60section must be physically destroyed or obliterated by any
61criminal justice agency having custody of such record; except
62that any criminal history record in the custody of the
63department must be retained in all cases. A criminal history
64record ordered expunged that is retained by the department is
65confidential and exempt from the provisions of s. 119.07(1) and
66s. 24(a), Art. I of the State Constitution and not available to
67any person or entity except upon order of a court of competent
68jurisdiction. A criminal justice agency may retain a notation
69indicating compliance with an order to expunge.
70     (a)  The person who is the subject of a criminal history
71record that is expunged under this section or under other
72provisions of law, including former s. 893.14, former s. 901.33,
73and former s. 943.058, may lawfully deny or fail to acknowledge
74the arrests covered by the expunged record, except when the
75subject of the record:
76     1.  Is a candidate for employment with a criminal justice
77agency;
78     2.  Is a defendant in a criminal prosecution;
79     3.  Concurrently or subsequently petitions for relief under
80this section or s. 943.059;
81     4.  Is a candidate for admission to The Florida Bar;
82     5.  Is seeking to be employed or licensed by or to contract
83with the Department of Children and Family Services, the Agency
84for Health Care Administration, the Agency for Persons with
85Disabilities, or the Department of Juvenile Justice or to be
86employed or used by such contractor or licensee in a sensitive
87position having direct contact with children, the
88developmentally disabled, the aged, or the elderly as provided
89in s. 110.1127(3), s. 393.063, s. 394.4572(1), s. 397.451, s.
90402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4),
91chapter 916, s. 985.644, chapter 400, or chapter 429;
92     6.  Is seeking to be employed or licensed by the Department
93of Education, any district school board, any university
94laboratory school, any charter school, any private or parochial
95school, or any local governmental entity that licenses child
96care facilities; or
97     7.  Is seeking authorization from a Florida seaport
98identified in s. 311.09 for employment within or access to one
99or more of such seaports pursuant to s. 311.12 or s. 311.125.
100     Section 6.  Subsection (4) of section 943.059, Florida
101Statutes, is amended to read:
102     943.059  Court-ordered sealing of criminal history
103records.--The courts of this state shall continue to have
104jurisdiction over their own procedures, including the
105maintenance, sealing, and correction of judicial records
106containing criminal history information to the extent such
107procedures are not inconsistent with the conditions,
108responsibilities, and duties established by this section. Any
109court of competent jurisdiction may order a criminal justice
110agency to seal the criminal history record of a minor or an
111adult who complies with the requirements of this section. The
112court shall not order a criminal justice agency to seal a
113criminal history record until the person seeking to seal a
114criminal history record has applied for and received a
115certificate of eligibility for sealing pursuant to subsection
116(2). A criminal history record that relates to a violation of s.
117393.135, s. 394.4593, s. 787.025, chapter 794, s. 796.03, s.
118800.04, s. 810.14, s. 817.034, s. 825.1025, s. 827.071, chapter
119839, s. 847.0133, s. 847.0135, s. 847.0145, s. 893.135, s.
120916.1075, a violation enumerated in s. 907.041, or any violation
121specified as a predicate offense for registration as a sexual
122predator pursuant to s. 775.21, without regard to whether that
123offense alone is sufficient to require such registration, or for
124registration as a sexual offender pursuant to s. 943.0435, may
125not be sealed, without regard to whether adjudication was
126withheld, if the defendant was found guilty of or pled guilty or
127nolo contendere to the offense, or if the defendant, as a minor,
128was found to have committed or pled guilty or nolo contendere to
129committing the offense as a delinquent act. The court may only
130order sealing of a criminal history record pertaining to one
131arrest or one incident of alleged criminal activity, except as
132provided in this section. The court may, at its sole discretion,
133order the sealing of a criminal history record pertaining to
134more than one arrest if the additional arrests directly relate
135to the original arrest. If the court intends to order the
136sealing of records pertaining to such additional arrests, such
137intent must be specified in the order. A criminal justice agency
138may not seal any record pertaining to such additional arrests if
139the order to seal does not articulate the intention of the court
140to seal records pertaining to more than one arrest. This section
141does not prevent the court from ordering the sealing of only a
142portion of a criminal history record pertaining to one arrest or
143one incident of alleged criminal activity. Notwithstanding any
144law to the contrary, a criminal justice agency may comply with
145laws, court orders, and official requests of other jurisdictions
146relating to sealing, correction, or confidential handling of
147criminal history records or information derived therefrom. This
148section does not confer any right to the sealing of any criminal
149history record, and any request for sealing a criminal history
150record may be denied at the sole discretion of the court.
151     (4)  EFFECT OF CRIMINAL HISTORY RECORD SEALING.--A criminal
152history record of a minor or an adult which is ordered sealed by
153a court of competent jurisdiction pursuant to this section is
154confidential and exempt from the provisions of s. 119.07(1) and
155s. 24(a), Art. I of the State Constitution and is available only
156to the person who is the subject of the record, to the subject's
157attorney, to criminal justice agencies for their respective
158criminal justice purposes, which include conducting a criminal
159history background check for approval of firearms purchases or
160transfers as authorized by state or federal law, to judges in
161the state courts system for the purpose of assisting them in
162their case-related decisionmaking responsibilities, as set forth
163in s. 943.053(5), or to those entities set forth in
164subparagraphs (a)1., 4., 5., 6., and 8. for their respective
165licensing, access authorization, and employment purposes.
166     (a)  The subject of a criminal history record sealed under
167this section or under other provisions of law, including former
168s. 893.14, former s. 901.33, and former s. 943.058, may lawfully
169deny or fail to acknowledge the arrests covered by the sealed
170record, except when the subject of the record:
171     1.  Is a candidate for employment with a criminal justice
172agency;
173     2.  Is a defendant in a criminal prosecution;
174     3.  Concurrently or subsequently petitions for relief under
175this section or s. 943.0585;
176     4.  Is a candidate for admission to The Florida Bar;
177     5.  Is seeking to be employed or licensed by or to contract
178with the Department of Children and Family Services, the Agency
179for Health Care Administration, the Agency for Persons with
180Disabilities, or the Department of Juvenile Justice or to be
181employed or used by such contractor or licensee in a sensitive
182position having direct contact with children, the
183developmentally disabled, the aged, or the elderly as provided
184in s. 110.1127(3), s. 393.063, s. 394.4572(1), s. 397.451, s.
185402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4), s.
186415.103, chapter 916, s. 985.644, chapter 400, or chapter 429;
187     6.  Is seeking to be employed or licensed by the Department
188of Education, any district school board, any university
189laboratory school, any charter school, any private or parochial
190school, or any local governmental entity that licenses child
191care facilities;
192     7.  Is attempting to purchase a firearm from a licensed
193importer, licensed manufacturer, or licensed dealer and is
194subject to a criminal history background check under state or
195federal law; or
196     8.  Is seeking authorization from a Florida seaport
197identified in s. 311.09 for employment within or access to one
198or more of such seaports pursuant to s. 311.12 or s. 311.125.
199     (b)  Subject to the exceptions in paragraph (a), a person
200who has been granted a sealing under this section, former s.
201893.14, former s. 901.33, or former s. 943.058 may not be held
202under any provision of law of this state to commit perjury or to
203be otherwise liable for giving a false statement by reason of
204such person's failure to recite or acknowledge a sealed criminal
205history record.
206     (c)  Information relating to the existence of a sealed
207criminal record provided in accordance with the provisions of
208paragraph (a) is confidential and exempt from the provisions of
209s. 119.07(1) and s. 24(a), Art. I of the State Constitution,
210except that the department shall disclose the sealed criminal
211history record to the entities set forth in subparagraphs (a)1.,
2124., 5., 6., and 8. for their respective licensing, access
213authorization, and employment purposes. It is unlawful for any
214employee of an entity set forth in subparagraph (a)1.,
215subparagraph (a)4., subparagraph (a)5., subparagraph (a)6., or
216subparagraph (a)8. to disclose information relating to the
217existence of a sealed criminal history record of a person
218seeking employment, access authorization, or licensure with such
219entity or contractor, except to the person to whom the criminal
220history record relates or to persons having direct
221responsibility for employment, access authorization, or
222licensure decisions. Any person who violates the provisions of
223this paragraph commits a misdemeanor of the first degree,
224punishable as provided in s. 775.082 or s. 775.083.
225
226
-----------------------------------------------------
227
T I T L E  A M E N D M E N T
228     Remove line 24 and insert:
229application for an administrative expunction; amending
230s. 943.0585, F.S.; providing additional circumstances
231in which a person may not lawfully deny or fail to
232acknowledge the arrests covered by an expunged
233criminal history record; amending s. 943.059, F.S.;
234providing that sealed criminal history records may be
235available to judges in the state courts system for
236specified purposes; providing additional circumstances
237in which a person may not lawfully deny or fail to
238acknowledge the arrests covered by a sealed criminal
239history record; amending s.


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