1 | Representative Adams offered the following: |
2 |
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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 |
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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. |