| 1 | Representative 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 |
| 6 | 943.0585, Florida Statutes, is amended to read: |
| 7 | 943.0585 Court-ordered expunction of criminal history |
| 8 | records.--The courts of this state have jurisdiction over their |
| 9 | own procedures, including the maintenance, expunction, and |
| 10 | correction of judicial records containing criminal history |
| 11 | information to the extent such procedures are not inconsistent |
| 12 | with the conditions, responsibilities, and duties established by |
| 13 | this section. Any court of competent jurisdiction may order a |
| 14 | criminal justice agency to expunge the criminal history record |
| 15 | of a minor or an adult who complies with the requirements of |
| 16 | this section. The court shall not order a criminal justice |
| 17 | agency to expunge a criminal history record until the person |
| 18 | seeking to expunge a criminal history record has applied for and |
| 19 | received a certificate of eligibility for expunction pursuant to |
| 20 | subsection (2). A criminal history record that relates to a |
| 21 | violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794, |
| 22 | s. 796.03, s. 800.04, s. 810.14, s. 817.034, s. 825.1025, s. |
| 23 | 827.071, chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s. |
| 24 | 893.135, s. 916.1075, a violation enumerated in s. 907.041, or |
| 25 | any violation specified as a predicate offense for registration |
| 26 | as a sexual predator pursuant to s. 775.21, without regard to |
| 27 | whether that offense alone is sufficient to require such |
| 28 | registration, or for registration as a sexual offender pursuant |
| 29 | to s. 943.0435, may not be expunged, without regard to whether |
| 30 | adjudication was withheld, if the defendant was found guilty of |
| 31 | or pled guilty or nolo contendere to the offense, or if the |
| 32 | defendant, as a minor, was found to have committed, or pled |
| 33 | guilty or nolo contendere to committing, the offense as a |
| 34 | delinquent act. The court may only order expunction of a |
| 35 | criminal history record pertaining to one arrest or one incident |
| 36 | of alleged criminal activity, except as provided in this |
| 37 | section. The court may, at its sole discretion, order the |
| 38 | expunction of a criminal history record pertaining to more than |
| 39 | one arrest if the additional arrests directly relate to the |
| 40 | original arrest. If the court intends to order the expunction of |
| 41 | records pertaining to such additional arrests, such intent must |
| 42 | be specified in the order. A criminal justice agency may not |
| 43 | expunge any record pertaining to such additional arrests if the |
| 44 | order to expunge does not articulate the intention of the court |
| 45 | to expunge a record pertaining to more than one arrest. This |
| 46 | section does not prevent the court from ordering the expunction |
| 47 | of only a portion of a criminal history record pertaining to one |
| 48 | arrest or one incident of alleged criminal activity. |
| 49 | Notwithstanding any law to the contrary, a criminal justice |
| 50 | agency may comply with laws, court orders, and official requests |
| 51 | of other jurisdictions relating to expunction, correction, or |
| 52 | confidential handling of criminal history records or information |
| 53 | derived therefrom. This section does not confer any right to the |
| 54 | expunction of any criminal history record, and any request for |
| 55 | expunction of a criminal history record may be denied at the |
| 56 | sole discretion of the court. |
| 57 | (4) EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.--Any |
| 58 | criminal history record of a minor or an adult which is ordered |
| 59 | expunged by a court of competent jurisdiction pursuant to this |
| 60 | section must be physically destroyed or obliterated by any |
| 61 | criminal justice agency having custody of such record; except |
| 62 | that any criminal history record in the custody of the |
| 63 | department must be retained in all cases. A criminal history |
| 64 | record ordered expunged that is retained by the department is |
| 65 | confidential and exempt from the provisions of s. 119.07(1) and |
| 66 | s. 24(a), Art. I of the State Constitution and not available to |
| 67 | any person or entity except upon order of a court of competent |
| 68 | jurisdiction. A criminal justice agency may retain a notation |
| 69 | indicating compliance with an order to expunge. |
| 70 | (a) The person who is the subject of a criminal history |
| 71 | record that is expunged under this section or under other |
| 72 | provisions of law, including former s. 893.14, former s. 901.33, |
| 73 | and former s. 943.058, may lawfully deny or fail to acknowledge |
| 74 | the arrests covered by the expunged record, except when the |
| 75 | subject of the record: |
| 76 | 1. Is a candidate for employment with a criminal justice |
| 77 | agency; |
| 78 | 2. Is a defendant in a criminal prosecution; |
| 79 | 3. Concurrently or subsequently petitions for relief under |
| 80 | this 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 |
| 83 | with the Department of Children and Family Services, the Agency |
| 84 | for Health Care Administration, the Agency for Persons with |
| 85 | Disabilities, or the Department of Juvenile Justice or to be |
| 86 | employed or used by such contractor or licensee in a sensitive |
| 87 | position having direct contact with children, the |
| 88 | developmentally disabled, the aged, or the elderly as provided |
| 89 | in s. 110.1127(3), s. 393.063, s. 394.4572(1), s. 397.451, s. |
| 90 | 402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4), |
| 91 | chapter 916, s. 985.644, chapter 400, or chapter 429; |
| 92 | 6. Is seeking to be employed or licensed by the Department |
| 93 | of Education, any district school board, any university |
| 94 | laboratory school, any charter school, any private or parochial |
| 95 | school, or any local governmental entity that licenses child |
| 96 | care facilities; or |
| 97 | 7. Is seeking authorization from a Florida seaport |
| 98 | identified in s. 311.09 for employment within or access to one |
| 99 | or more of such seaports pursuant to s. 311.12 or s. 311.125. |
| 100 | Section 6. Subsection (4) of section 943.059, Florida |
| 101 | Statutes, is amended to read: |
| 102 | 943.059 Court-ordered sealing of criminal history |
| 103 | records.--The courts of this state shall continue to have |
| 104 | jurisdiction over their own procedures, including the |
| 105 | maintenance, sealing, and correction of judicial records |
| 106 | containing criminal history information to the extent such |
| 107 | procedures are not inconsistent with the conditions, |
| 108 | responsibilities, and duties established by this section. Any |
| 109 | court of competent jurisdiction may order a criminal justice |
| 110 | agency to seal the criminal history record of a minor or an |
| 111 | adult who complies with the requirements of this section. The |
| 112 | court shall not order a criminal justice agency to seal a |
| 113 | criminal history record until the person seeking to seal a |
| 114 | criminal history record has applied for and received a |
| 115 | certificate of eligibility for sealing pursuant to subsection |
| 116 | (2). A criminal history record that relates to a violation of s. |
| 117 | 393.135, s. 394.4593, s. 787.025, chapter 794, s. 796.03, s. |
| 118 | 800.04, s. 810.14, s. 817.034, s. 825.1025, s. 827.071, chapter |
| 119 | 839, s. 847.0133, s. 847.0135, s. 847.0145, s. 893.135, s. |
| 120 | 916.1075, a violation enumerated in s. 907.041, or any violation |
| 121 | specified as a predicate offense for registration as a sexual |
| 122 | predator pursuant to s. 775.21, without regard to whether that |
| 123 | offense alone is sufficient to require such registration, or for |
| 124 | registration as a sexual offender pursuant to s. 943.0435, may |
| 125 | not be sealed, without regard to whether adjudication was |
| 126 | withheld, if the defendant was found guilty of or pled guilty or |
| 127 | nolo contendere to the offense, or if the defendant, as a minor, |
| 128 | was found to have committed or pled guilty or nolo contendere to |
| 129 | committing the offense as a delinquent act. The court may only |
| 130 | order sealing of a criminal history record pertaining to one |
| 131 | arrest or one incident of alleged criminal activity, except as |
| 132 | provided in this section. The court may, at its sole discretion, |
| 133 | order the sealing of a criminal history record pertaining to |
| 134 | more than one arrest if the additional arrests directly relate |
| 135 | to the original arrest. If the court intends to order the |
| 136 | sealing of records pertaining to such additional arrests, such |
| 137 | intent must be specified in the order. A criminal justice agency |
| 138 | may not seal any record pertaining to such additional arrests if |
| 139 | the order to seal does not articulate the intention of the court |
| 140 | to seal records pertaining to more than one arrest. This section |
| 141 | does not prevent the court from ordering the sealing of only a |
| 142 | portion of a criminal history record pertaining to one arrest or |
| 143 | one incident of alleged criminal activity. Notwithstanding any |
| 144 | law to the contrary, a criminal justice agency may comply with |
| 145 | laws, court orders, and official requests of other jurisdictions |
| 146 | relating to sealing, correction, or confidential handling of |
| 147 | criminal history records or information derived therefrom. This |
| 148 | section does not confer any right to the sealing of any criminal |
| 149 | history record, and any request for sealing a criminal history |
| 150 | record may be denied at the sole discretion of the court. |
| 151 | (4) EFFECT OF CRIMINAL HISTORY RECORD SEALING.--A criminal |
| 152 | history record of a minor or an adult which is ordered sealed by |
| 153 | a court of competent jurisdiction pursuant to this section is |
| 154 | confidential and exempt from the provisions of s. 119.07(1) and |
| 155 | s. 24(a), Art. I of the State Constitution and is available only |
| 156 | to the person who is the subject of the record, to the subject's |
| 157 | attorney, to criminal justice agencies for their respective |
| 158 | criminal justice purposes, which include conducting a criminal |
| 159 | history background check for approval of firearms purchases or |
| 160 | transfers as authorized by state or federal law, to judges in |
| 161 | the state courts system for the purpose of assisting them in |
| 162 | their case-related decisionmaking responsibilities, as set forth |
| 163 | in s. 943.053(5), or to those entities set forth in |
| 164 | subparagraphs (a)1., 4., 5., 6., and 8. for their respective |
| 165 | licensing, access authorization, and employment purposes. |
| 166 | (a) The subject of a criminal history record sealed under |
| 167 | this section or under other provisions of law, including former |
| 168 | s. 893.14, former s. 901.33, and former s. 943.058, may lawfully |
| 169 | deny or fail to acknowledge the arrests covered by the sealed |
| 170 | record, except when the subject of the record: |
| 171 | 1. Is a candidate for employment with a criminal justice |
| 172 | agency; |
| 173 | 2. Is a defendant in a criminal prosecution; |
| 174 | 3. Concurrently or subsequently petitions for relief under |
| 175 | this 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 |
| 178 | with the Department of Children and Family Services, the Agency |
| 179 | for Health Care Administration, the Agency for Persons with |
| 180 | Disabilities, or the Department of Juvenile Justice or to be |
| 181 | employed or used by such contractor or licensee in a sensitive |
| 182 | position having direct contact with children, the |
| 183 | developmentally disabled, the aged, or the elderly as provided |
| 184 | in s. 110.1127(3), s. 393.063, s. 394.4572(1), s. 397.451, s. |
| 185 | 402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4), s. |
| 186 | 415.103, chapter 916, s. 985.644, chapter 400, or chapter 429; |
| 187 | 6. Is seeking to be employed or licensed by the Department |
| 188 | of Education, any district school board, any university |
| 189 | laboratory school, any charter school, any private or parochial |
| 190 | school, or any local governmental entity that licenses child |
| 191 | care facilities; |
| 192 | 7. Is attempting to purchase a firearm from a licensed |
| 193 | importer, licensed manufacturer, or licensed dealer and is |
| 194 | subject to a criminal history background check under state or |
| 195 | federal law; or |
| 196 | 8. Is seeking authorization from a Florida seaport |
| 197 | identified in s. 311.09 for employment within or access to one |
| 198 | or more of such seaports pursuant to s. 311.12 or s. 311.125. |
| 199 | (b) Subject to the exceptions in paragraph (a), a person |
| 200 | who has been granted a sealing under this section, former s. |
| 201 | 893.14, former s. 901.33, or former s. 943.058 may not be held |
| 202 | under any provision of law of this state to commit perjury or to |
| 203 | be otherwise liable for giving a false statement by reason of |
| 204 | such person's failure to recite or acknowledge a sealed criminal |
| 205 | history record. |
| 206 | (c) Information relating to the existence of a sealed |
| 207 | criminal record provided in accordance with the provisions of |
| 208 | paragraph (a) is confidential and exempt from the provisions of |
| 209 | s. 119.07(1) and s. 24(a), Art. I of the State Constitution, |
| 210 | except that the department shall disclose the sealed criminal |
| 211 | history record to the entities set forth in subparagraphs (a)1., |
| 212 | 4., 5., 6., and 8. for their respective licensing, access |
| 213 | authorization, and employment purposes. It is unlawful for any |
| 214 | employee of an entity set forth in subparagraph (a)1., |
| 215 | subparagraph (a)4., subparagraph (a)5., subparagraph (a)6., or |
| 216 | subparagraph (a)8. to disclose information relating to the |
| 217 | existence of a sealed criminal history record of a person |
| 218 | seeking employment, access authorization, or licensure with such |
| 219 | entity or contractor, except to the person to whom the criminal |
| 220 | history record relates or to persons having direct |
| 221 | responsibility for employment, access authorization, or |
| 222 | licensure decisions. Any person who violates the provisions of |
| 223 | this paragraph commits a misdemeanor of the first degree, |
| 224 | punishable 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: |
| 229 | application for an administrative expunction; amending |
| 230 | s. 943.0585, F.S.; providing additional circumstances |
| 231 | in which a person may not lawfully deny or fail to |
| 232 | acknowledge the arrests covered by an expunged |
| 233 | criminal history record; amending s. 943.059, F.S.; |
| 234 | providing that sealed criminal history records may be |
| 235 | available to judges in the state courts system for |
| 236 | specified purposes; providing additional circumstances |
| 237 | in which a person may not lawfully deny or fail to |
| 238 | acknowledge the arrests covered by a sealed criminal |
| 239 | history record; amending s. |