SB 340                                           First Engrossed
       
       
       
       
       
       
       
       
       2010340e1
       
    1                        A bill to be entitled                      
    2         An act relating to sealing and expunging criminal
    3         history records; providing a short title; amending s.
    4         943.0585, F.S.; authorizing a court to expunge a
    5         criminal history record of a person who had a prior
    6         criminal history record sealed or expunged in certain
    7         circumstances; amending s. 943.059, F.S.; authorizing
    8         a court to seal a criminal history record of a person
    9         who had a prior criminal history record sealed or
   10         expunged in certain circumstances; providing an
   11         effective date.
   12  
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. This act may be cited as the “Jim King Keep
   16  Florida Working Act.”
   17         Section 2. Section 943.0585, Florida Statutes, is amended
   18  to read:
   19         943.0585 Court-ordered expunction of criminal history
   20  records.—The courts of this state have jurisdiction over their
   21  own procedures, including the maintenance, expunction, and
   22  correction of judicial records containing criminal history
   23  information to the extent such procedures are not inconsistent
   24  with the conditions, responsibilities, and duties established by
   25  this section. Any court of competent jurisdiction may order a
   26  criminal justice agency to expunge the criminal history record
   27  of a minor or an adult who complies with the requirements of
   28  this section. The court shall not order a criminal justice
   29  agency to expunge a criminal history record until the person
   30  seeking to expunge a criminal history record has applied for and
   31  received a certificate of eligibility for expunction pursuant to
   32  subsection (2). A criminal history record that relates to a
   33  violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794,
   34  s. 796.03, s. 800.04, s. 810.14, s. 817.034, s. 825.1025, s.
   35  827.071, chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s.
   36  893.135, s. 916.1075, a violation enumerated in s. 907.041, or
   37  any violation specified as a predicate offense for registration
   38  as a sexual predator pursuant to s. 775.21, without regard to
   39  whether that offense alone is sufficient to require such
   40  registration, or for registration as a sexual offender pursuant
   41  to s. 943.0435, may not be expunged, without regard to whether
   42  adjudication was withheld, if the defendant was found guilty of
   43  or pled guilty or nolo contendere to the offense, or if the
   44  defendant, as a minor, was found to have committed, or pled
   45  guilty or nolo contendere to committing, the offense as a
   46  delinquent act. The court may only order expunction of a
   47  criminal history record pertaining to one arrest or one incident
   48  of alleged criminal activity, except as provided in this
   49  section. The court may, at its sole discretion, order the
   50  expunction of a criminal history record pertaining to more than
   51  one arrest if the additional arrests directly relate to the
   52  original arrest. If the court intends to order the expunction of
   53  records pertaining to such additional arrests, such intent must
   54  be specified in the order. A criminal justice agency may not
   55  expunge any record pertaining to such additional arrests if the
   56  order to expunge does not articulate the intention of the court
   57  to expunge a record pertaining to more than one arrest. This
   58  section does not prevent the court from ordering the expunction
   59  of only a portion of a criminal history record pertaining to one
   60  arrest or one incident of alleged criminal activity.
   61  Notwithstanding any law to the contrary, a criminal justice
   62  agency may comply with laws, court orders, and official requests
   63  of other jurisdictions relating to expunction, correction, or
   64  confidential handling of criminal history records or information
   65  derived therefrom. This section does not confer any right to the
   66  expunction of any criminal history record, and any request for
   67  expunction of a criminal history record may be denied at the
   68  sole discretion of the court.
   69         (1) PETITION TO EXPUNGE A CRIMINAL HISTORY RECORD.—Each
   70  petition to a court to expunge a criminal history record is
   71  complete only when accompanied by:
   72         (a) A valid certificate of eligibility for expunction
   73  issued by the department pursuant to subsection (2).
   74         (b) The petitioner’s sworn statement attesting that the
   75  petitioner:
   76         1. Has never, prior to the date on which the petition is
   77  filed, been adjudicated guilty of a criminal offense or
   78  comparable ordinance violation, or been adjudicated delinquent
   79  for committing any felony or a misdemeanor specified in s.
   80  943.051(3)(b).
   81         2. Has not been adjudicated guilty of, or adjudicated
   82  delinquent for committing, any of the acts stemming from the
   83  arrest or alleged criminal activity to which the petition
   84  pertains.
   85         3. Has never secured a prior sealing or expunction, except
   86  as provided in subsection (5) and s. 943.059(5), of a criminal
   87  history record under this section, former s. 893.14, former s.
   88  901.33, or former s. 943.058, or from any jurisdiction outside
   89  the state, unless expunction is sought of a criminal history
   90  record previously sealed for 10 years pursuant to paragraph
   91  (2)(h) and the record is otherwise eligible for expunction.
   92         4. Is eligible for such an expunction to the best of his or
   93  her knowledge or belief and does not have any other petition to
   94  expunge or any petition to seal pending before any court.
   95  
   96  Any person who knowingly provides false information on such
   97  sworn statement to the court commits a felony of the third
   98  degree, punishable as provided in s. 775.082, s. 775.083, or s.
   99  775.084.
  100         (2) CERTIFICATE OF ELIGIBILITY FOR EXPUNCTION.—Prior to
  101  petitioning the court to expunge a criminal history record, a
  102  person seeking to expunge a criminal history record shall apply
  103  to the department for a certificate of eligibility for
  104  expunction. The department shall, by rule adopted pursuant to
  105  chapter 120, establish procedures pertaining to the application
  106  for and issuance of certificates of eligibility for expunction.
  107  A certificate of eligibility for expunction is valid for 12
  108  months after the date stamped on the certificate when issued by
  109  the department. After that time, the petitioner must reapply to
  110  the department for a new certificate of eligibility. Eligibility
  111  for a renewed certification of eligibility must be based on the
  112  status of the applicant and the law in effect at the time of the
  113  renewal application. The department shall issue a certificate of
  114  eligibility for expunction to a person who is the subject of a
  115  criminal history record if that person:
  116         (a) Has obtained, and submitted to the department, a
  117  written, certified statement from the appropriate clerk of court
  118  state attorney or statewide prosecutor which indicates:
  119         1. That an indictment, information, or other charging
  120  document was not filed or issued in the case.
  121         2. That an indictment, information, or other charging
  122  document, if filed or issued in the case, was dismissed or nolle
  123  prosequi by the state attorney or statewide prosecutor, or was
  124  dismissed by a court of competent jurisdiction, and that none of
  125  the charges related to the arrest or alleged criminal activity
  126  to which the petition to expunge pertains resulted in a trial,
  127  without regard to whether the outcome of the trial was other
  128  than an adjudication of guilt.
  129         3. That the criminal history record does not relate to a
  130  violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794,
  131  s. 796.03, s. 800.04, s. 810.14, s. 817.034, s. 825.1025, s.
  132  827.071, chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s.
  133  893.135, s. 916.1075, a violation enumerated in s. 907.041, or
  134  any violation specified as a predicate offense for registration
  135  as a sexual predator pursuant to s. 775.21, without regard to
  136  whether that offense alone is sufficient to require such
  137  registration, or for registration as a sexual offender pursuant
  138  to s. 943.0435, where the defendant was found guilty of, or pled
  139  guilty or nolo contendere to any such offense, or that the
  140  defendant, as a minor, was found to have committed, or pled
  141  guilty or nolo contendere to committing, such an offense as a
  142  delinquent act, without regard to whether adjudication was
  143  withheld.
  144         (b) Remits a $75 processing fee to the department for
  145  placement in the Department of Law Enforcement Operating Trust
  146  Fund, unless such fee is waived by the executive director.
  147         (c) Has submitted to the department a certified copy of the
  148  disposition of the charge to which the petition to expunge
  149  pertains.
  150         (d) Has never, prior to the date on which the application
  151  for a certificate of eligibility is filed, been adjudicated
  152  guilty of a criminal offense or comparable ordinance violation,
  153  or been adjudicated delinquent for committing any felony or a
  154  misdemeanor specified in s. 943.051(3)(b).
  155         (e) Has not been adjudicated guilty of, or adjudicated
  156  delinquent for committing, any of the acts stemming from the
  157  arrest or alleged criminal activity to which the petition to
  158  expunge pertains.
  159         (f) Has never secured a prior sealing or expunction, except
  160  as provided in subsection (5) and s. 943.059(5), of a criminal
  161  history record under this section, former s. 893.14, former s.
  162  901.33, or former s. 943.058, unless expunction is sought of a
  163  criminal history record previously sealed for 10 years pursuant
  164  to paragraph (h) and the record is otherwise eligible for
  165  expunction.
  166         (g) Is no longer under court supervision applicable to the
  167  disposition of the arrest or alleged criminal activity to which
  168  the petition to expunge pertains.
  169         (h) Has previously obtained a court order sealing the
  170  record under this section, former s. 893.14, former s. 901.33,
  171  or former s. 943.058 for a minimum of 10 years because
  172  adjudication was withheld or because all charges related to the
  173  arrest or alleged criminal activity to which the petition to
  174  expunge pertains were not dismissed prior to trial, without
  175  regard to whether the outcome of the trial was other than an
  176  adjudication of guilt. The requirement for the record to have
  177  previously been sealed for a minimum of 10 years does not apply
  178  when a plea was not entered or all charges related to the arrest
  179  or alleged criminal activity to which the petition to expunge
  180  pertains were dismissed prior to trial.
  181         (3) PROCESSING OF A PETITION OR ORDER TO EXPUNGE.—
  182         (a) In judicial proceedings under this section, a copy of
  183  the completed petition to expunge shall be served upon the
  184  appropriate state attorney or the statewide prosecutor and upon
  185  the arresting agency; however, it is not necessary to make any
  186  agency other than the state a party. The appropriate state
  187  attorney or the statewide prosecutor and the arresting agency
  188  may respond to the court regarding the completed petition to
  189  expunge.
  190         (b) If relief is granted by the court, the clerk of the
  191  court shall certify copies of the order to the appropriate state
  192  attorney or the statewide prosecutor and the arresting agency.
  193  The arresting agency is responsible for forwarding the order to
  194  any other agency to which the arresting agency disseminated the
  195  criminal history record information to which the order pertains.
  196  The department shall forward the order to expunge to the Federal
  197  Bureau of Investigation. The clerk of the court shall certify a
  198  copy of the order to any other agency which the records of the
  199  court reflect has received the criminal history record from the
  200  court.
  201         (c) For an order to expunge entered by a court prior to
  202  July 1, 1992, the department shall notify the appropriate state
  203  attorney or statewide prosecutor of an order to expunge which is
  204  contrary to law because the person who is the subject of the
  205  record has previously been convicted of a crime or comparable
  206  ordinance violation or has had a prior criminal history record
  207  sealed or expunged, except as provided in subsection (5) and s.
  208  943.059(5). Upon receipt of such notice, the appropriate state
  209  attorney or statewide prosecutor shall take action, within 60
  210  days, to correct the record and petition the court to void the
  211  order to expunge. The department shall seal the record until
  212  such time as the order is voided by the court.
  213         (d) On or after July 1, 1992, the department or any other
  214  criminal justice agency is not required to act on an order to
  215  expunge entered by a court when such order does not comply with
  216  the requirements of this section. Upon receipt of such an order,
  217  the department must notify the issuing court, the appropriate
  218  state attorney or statewide prosecutor, the petitioner or the
  219  petitioner’s attorney, and the arresting agency of the reason
  220  for noncompliance. The appropriate state attorney or statewide
  221  prosecutor shall take action within 60 days to correct the
  222  record and petition the court to void the order. No cause of
  223  action, including contempt of court, shall arise against any
  224  criminal justice agency for failure to comply with an order to
  225  expunge when the petitioner for such order failed to obtain the
  226  certificate of eligibility as required by this section or such
  227  order does not otherwise comply with the requirements of this
  228  section.
  229         (4) EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.—Any
  230  criminal history record of a minor or an adult which is ordered
  231  expunged by a court of competent jurisdiction pursuant to this
  232  section must be physically destroyed or obliterated by any
  233  criminal justice agency having custody of such record; except
  234  that any criminal history record in the custody of the
  235  department must be retained in all cases. A criminal history
  236  record ordered expunged that is retained by the department is
  237  confidential and exempt from the provisions of s. 119.07(1) and
  238  s. 24(a), Art. I of the State Constitution and not available to
  239  any person or entity except upon order of a court of competent
  240  jurisdiction. A criminal justice agency may retain a notation
  241  indicating compliance with an order to expunge.
  242         (a) The person who is the subject of a criminal history
  243  record that is expunged under this section or under other
  244  provisions of law, including former s. 893.14, former s. 901.33,
  245  and former s. 943.058, may lawfully deny or fail to acknowledge
  246  the arrests covered by the expunged record, except when the
  247  subject of the record:
  248         1. Is a candidate for employment with a criminal justice
  249  agency;
  250         2. Is a defendant in a criminal prosecution;
  251         3. Concurrently or subsequently petitions for relief under
  252  this section or s. 943.059;
  253         4. Is a candidate for admission to The Florida Bar;
  254         5. Is seeking to be employed or licensed by or to contract
  255  with the Department of Children and Family Services, the Agency
  256  for Health Care Administration, the Agency for Persons with
  257  Disabilities, or the Department of Juvenile Justice or to be
  258  employed or used by such contractor or licensee in a sensitive
  259  position having direct contact with children, the
  260  developmentally disabled, the aged, or the elderly as provided
  261  in s. 110.1127(3), s. 393.063, s. 394.4572(1), s. 397.451, s.
  262  402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4),
  263  chapter 916, s. 985.644, chapter 400, or chapter 429;
  264         6. Is seeking to be employed or licensed by the Department
  265  of Education, any district school board, any university
  266  laboratory school, any charter school, any private or parochial
  267  school, or any local governmental entity that licenses child
  268  care facilities; or
  269         7. Is seeking authorization from a seaport listed in s.
  270  311.09 for employment within or access to one or more of such
  271  seaports pursuant to s. 311.12.
  272         (b) Subject to the exceptions in paragraph (a), a person
  273  who has been granted an expunction under this section, former s.
  274  893.14, former s. 901.33, or former s. 943.058 may not be held
  275  under any provision of law of this state to commit perjury or to
  276  be otherwise liable for giving a false statement by reason of
  277  such person’s failure to recite or acknowledge an expunged
  278  criminal history record.
  279         (c) Information relating to the existence of an expunged
  280  criminal history record which is provided in accordance with
  281  paragraph (a) is confidential and exempt from the provisions of
  282  s. 119.07(1) and s. 24(a), Art. I of the State Constitution,
  283  except that the department shall disclose the existence of a
  284  criminal history record ordered expunged to the entities set
  285  forth in subparagraphs (a)1., 4., 5., 6., and 7. for their
  286  respective licensing, access authorization, and employment
  287  purposes, and to criminal justice agencies for their respective
  288  criminal justice purposes. It is unlawful for any employee of an
  289  entity set forth in subparagraph (a)1., subparagraph (a)4.,
  290  subparagraph (a)5., subparagraph (a)6., or subparagraph (a)7. to
  291  disclose information relating to the existence of an expunged
  292  criminal history record of a person seeking employment, access
  293  authorization, or licensure with such entity or contractor,
  294  except to the person to whom the criminal history record relates
  295  or to persons having direct responsibility for employment,
  296  access authorization, or licensure decisions. Any person who
  297  violates this paragraph commits a misdemeanor of the first
  298  degree, punishable as provided in s. 775.082 or s. 775.083.
  299         (5) EXPUNCTION OF CRIMINAL HISTORY RECORD AFTER PRIOR
  300  SEALING OR EXPUNCTION.—
  301         (a) A court may expunge a person’s criminal history record
  302  after a prior criminal history record has been sealed or
  303  expunged only if the person obtains a certificate from the
  304  department to expunge the criminal history record. The
  305  department shall issue the certificate for a second expunction
  306  only if:
  307         1. The person has had only one prior expunction of his or
  308  her criminal history record under this section or one prior
  309  expunction following the sealing of the same arrest or alleged
  310  criminal activity that was expunged;
  311         2. The person has not been arrested in this state during
  312  the 10-year period prior to the date on which the application
  313  for the certificate is filed; and
  314         3. The person has not previously sealed or expunged a
  315  criminal history record that involved the same offense to which
  316  the petition to expunge pertains.
  317         (b) All other provisions and requirements of this section
  318  apply to an application to expunge a second criminal history
  319  record.
  320         (6)(5) STATUTORY REFERENCES.—Any reference to any other
  321  chapter, section, or subdivision of the Florida Statutes in this
  322  section constitutes a general reference under the doctrine of
  323  incorporation by reference.
  324         Section 3. Section 943.059, Florida Statutes, is amended to
  325  read:
  326         943.059 Court-ordered sealing of criminal history records.
  327  The courts of this state shall continue to have jurisdiction
  328  over their own procedures, including the maintenance, sealing,
  329  and correction of judicial records containing criminal history
  330  information to the extent such procedures are not inconsistent
  331  with the conditions, responsibilities, and duties established by
  332  this section. Any court of competent jurisdiction may order a
  333  criminal justice agency to seal the criminal history record of a
  334  minor or an adult who complies with the requirements of this
  335  section. The court shall not order a criminal justice agency to
  336  seal a criminal history record until the person seeking to seal
  337  a criminal history record has applied for and received a
  338  certificate of eligibility for sealing pursuant to subsection
  339  (2). A criminal history record that relates to a violation of s.
  340  393.135, s. 394.4593, s. 787.025, chapter 794, s. 796.03, s.
  341  800.04, s. 810.14, s. 817.034, s. 825.1025, s. 827.071, chapter
  342  839, s. 847.0133, s. 847.0135, s. 847.0145, s. 893.135, s.
  343  916.1075, a violation enumerated in s. 907.041, or any violation
  344  specified as a predicate offense for registration as a sexual
  345  predator pursuant to s. 775.21, without regard to whether that
  346  offense alone is sufficient to require such registration, or for
  347  registration as a sexual offender pursuant to s. 943.0435, may
  348  not be sealed, without regard to whether adjudication was
  349  withheld, if the defendant was found guilty of or pled guilty or
  350  nolo contendere to the offense, or if the defendant, as a minor,
  351  was found to have committed or pled guilty or nolo contendere to
  352  committing the offense as a delinquent act. The court may only
  353  order sealing of a criminal history record pertaining to one
  354  arrest or one incident of alleged criminal activity, except as
  355  provided in this section. The court may, at its sole discretion,
  356  order the sealing of a criminal history record pertaining to
  357  more than one arrest if the additional arrests directly relate
  358  to the original arrest. If the court intends to order the
  359  sealing of records pertaining to such additional arrests, such
  360  intent must be specified in the order. A criminal justice agency
  361  may not seal any record pertaining to such additional arrests if
  362  the order to seal does not articulate the intention of the court
  363  to seal records pertaining to more than one arrest. This section
  364  does not prevent the court from ordering the sealing of only a
  365  portion of a criminal history record pertaining to one arrest or
  366  one incident of alleged criminal activity. Notwithstanding any
  367  law to the contrary, a criminal justice agency may comply with
  368  laws, court orders, and official requests of other jurisdictions
  369  relating to sealing, correction, or confidential handling of
  370  criminal history records or information derived therefrom. This
  371  section does not confer any right to the sealing of any criminal
  372  history record, and any request for sealing a criminal history
  373  record may be denied at the sole discretion of the court.
  374         (1) PETITION TO SEAL A CRIMINAL HISTORY RECORD.—Each
  375  petition to a court to seal a criminal history record is
  376  complete only when accompanied by:
  377         (a) A valid certificate of eligibility for sealing issued
  378  by the department pursuant to subsection (2).
  379         (b) The petitioner’s sworn statement attesting that the
  380  petitioner:
  381         1. Has never, prior to the date on which the petition is
  382  filed, been adjudicated guilty of a criminal offense or
  383  comparable ordinance violation, or been adjudicated delinquent
  384  for committing any felony or a misdemeanor specified in s.
  385  943.051(3)(b).
  386         2. Has not been adjudicated guilty of or adjudicated
  387  delinquent for committing any of the acts stemming from the
  388  arrest or alleged criminal activity to which the petition to
  389  seal pertains.
  390         3. Has never secured a prior sealing or expunction, except
  391  as provided in subsection (5), of a criminal history record
  392  under this section, former s. 893.14, former s. 901.33, former
  393  s. 943.058, or from any jurisdiction outside the state.
  394         4. Is eligible for such a sealing to the best of his or her
  395  knowledge or belief and does not have any other petition to seal
  396  or any petition to expunge pending before any court.
  397  
  398  Any person who knowingly provides false information on such
  399  sworn statement to the court commits a felony of the third
  400  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  401  775.084.
  402         (2) CERTIFICATE OF ELIGIBILITY FOR SEALING.—Prior to
  403  petitioning the court to seal a criminal history record, a
  404  person seeking to seal a criminal history record shall apply to
  405  the department for a certificate of eligibility for sealing. The
  406  department shall, by rule adopted pursuant to chapter 120,
  407  establish procedures pertaining to the application for and
  408  issuance of certificates of eligibility for sealing. A
  409  certificate of eligibility for sealing is valid for 12 months
  410  after the date stamped on the certificate when issued by the
  411  department. After that time, the petitioner must reapply to the
  412  department for a new certificate of eligibility. Eligibility for
  413  a renewed certification of eligibility must be based on the
  414  status of the applicant and the law in effect at the time of the
  415  renewal application. The department shall issue a certificate of
  416  eligibility for sealing to a person who is the subject of a
  417  criminal history record provided that such person:
  418         (a) Has submitted to the department a certified copy of the
  419  disposition of the charge to which the petition to seal
  420  pertains.
  421         (b) Remits a $75 processing fee to the department for
  422  placement in the Department of Law Enforcement Operating Trust
  423  Fund, unless such fee is waived by the executive director.
  424         (c) Has never, prior to the date on which the application
  425  for a certificate of eligibility is filed, been adjudicated
  426  guilty of a criminal offense or comparable ordinance violation,
  427  or been adjudicated delinquent for committing any felony or a
  428  misdemeanor specified in s. 943.051(3)(b).
  429         (d) Has not been adjudicated guilty of or adjudicated
  430  delinquent for committing any of the acts stemming from the
  431  arrest or alleged criminal activity to which the petition to
  432  seal pertains.
  433         (e) Has never secured a prior sealing or expunction, except
  434  as provided in subsection (5), of a criminal history record
  435  under this section, former s. 893.14, former s. 901.33, or
  436  former s. 943.058.
  437         (f) Is no longer under court supervision applicable to the
  438  disposition of the arrest or alleged criminal activity to which
  439  the petition to seal pertains.
  440         (3) PROCESSING OF A PETITION OR ORDER TO SEAL.—
  441         (a) In judicial proceedings under this section, a copy of
  442  the completed petition to seal shall be served upon the
  443  appropriate state attorney or the statewide prosecutor and upon
  444  the arresting agency; however, it is not necessary to make any
  445  agency other than the state a party. The appropriate state
  446  attorney or the statewide prosecutor and the arresting agency
  447  may respond to the court regarding the completed petition to
  448  seal.
  449         (b) If relief is granted by the court, the clerk of the
  450  court shall certify copies of the order to the appropriate state
  451  attorney or the statewide prosecutor and to the arresting
  452  agency. The arresting agency is responsible for forwarding the
  453  order to any other agency to which the arresting agency
  454  disseminated the criminal history record information to which
  455  the order pertains. The department shall forward the order to
  456  seal to the Federal Bureau of Investigation. The clerk of the
  457  court shall certify a copy of the order to any other agency
  458  which the records of the court reflect has received the criminal
  459  history record from the court.
  460         (c) For an order to seal entered by a court prior to July
  461  1, 1992, the department shall notify the appropriate state
  462  attorney or statewide prosecutor of any order to seal which is
  463  contrary to law because the person who is the subject of the
  464  record has previously been convicted of a crime or comparable
  465  ordinance violation or has had a prior criminal history record
  466  sealed or expunged, except as provided in subsection (5). Upon
  467  receipt of such notice, the appropriate state attorney or
  468  statewide prosecutor shall take action, within 60 days, to
  469  correct the record and petition the court to void the order to
  470  seal. The department shall seal the record until such time as
  471  the order is voided by the court.
  472         (d) On or after July 1, 1992, the department or any other
  473  criminal justice agency is not required to act on an order to
  474  seal entered by a court when such order does not comply with the
  475  requirements of this section. Upon receipt of such an order, the
  476  department must notify the issuing court, the appropriate state
  477  attorney or statewide prosecutor, the petitioner or the
  478  petitioner’s attorney, and the arresting agency of the reason
  479  for noncompliance. The appropriate state attorney or statewide
  480  prosecutor shall take action within 60 days to correct the
  481  record and petition the court to void the order. No cause of
  482  action, including contempt of court, shall arise against any
  483  criminal justice agency for failure to comply with an order to
  484  seal when the petitioner for such order failed to obtain the
  485  certificate of eligibility as required by this section or when
  486  such order does not comply with the requirements of this
  487  section.
  488         (e) An order sealing a criminal history record pursuant to
  489  this section does not require that such record be surrendered to
  490  the court, and such record shall continue to be maintained by
  491  the department and other criminal justice agencies.
  492         (4) EFFECT OF CRIMINAL HISTORY RECORD SEALING.—A criminal
  493  history record of a minor or an adult which is ordered sealed by
  494  a court of competent jurisdiction pursuant to this section is
  495  confidential and exempt from the provisions of s. 119.07(1) and
  496  s. 24(a), Art. I of the State Constitution and is available only
  497  to the person who is the subject of the record, to the subject’s
  498  attorney, to criminal justice agencies for their respective
  499  criminal justice purposes, which include conducting a criminal
  500  history background check for approval of firearms purchases or
  501  transfers as authorized by state or federal law, to judges in
  502  the state courts system for the purpose of assisting them in
  503  their case-related decisionmaking responsibilities, as set forth
  504  in s. 943.053(5), or to those entities set forth in
  505  subparagraphs (a)1., 4., 5., 6., and 8. for their respective
  506  licensing, access authorization, and employment purposes.
  507         (a) The subject of a criminal history record sealed under
  508  this section or under other provisions of law, including former
  509  s. 893.14, former s. 901.33, and former s. 943.058, may lawfully
  510  deny or fail to acknowledge the arrests covered by the sealed
  511  record, except when the subject of the record:
  512         1. Is a candidate for employment with a criminal justice
  513  agency;
  514         2. Is a defendant in a criminal prosecution;
  515         3. Concurrently or subsequently petitions for relief under
  516  this section or s. 943.0585;
  517         4. Is a candidate for admission to The Florida Bar;
  518         5. Is seeking to be employed or licensed by or to contract
  519  with the Department of Children and Family Services, the Agency
  520  for Health Care Administration, the Agency for Persons with
  521  Disabilities, or the Department of Juvenile Justice or to be
  522  employed or used by such contractor or licensee in a sensitive
  523  position having direct contact with children, the
  524  developmentally disabled, the aged, or the elderly as provided
  525  in s. 110.1127(3), s. 393.063, s. 394.4572(1), s. 397.451, s.
  526  402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4), s.
  527  415.103, chapter 916, s. 985.644, chapter 400, or chapter 429;
  528         6. Is seeking to be employed or licensed by the Department
  529  of Education, any district school board, any university
  530  laboratory school, any charter school, any private or parochial
  531  school, or any local governmental entity that licenses child
  532  care facilities;
  533         7. Is attempting to purchase a firearm from a licensed
  534  importer, licensed manufacturer, or licensed dealer and is
  535  subject to a criminal history check under state or federal law;
  536  or
  537         8. Is seeking authorization from a Florida seaport
  538  identified in s. 311.09 for employment within or access to one
  539  or more of such seaports pursuant to s. 311.12.
  540         (b) Subject to the exceptions in paragraph (a), a person
  541  who has been granted a sealing under this section, former s.
  542  893.14, former s. 901.33, or former s. 943.058 may not be held
  543  under any provision of law of this state to commit perjury or to
  544  be otherwise liable for giving a false statement by reason of
  545  such person’s failure to recite or acknowledge a sealed criminal
  546  history record.
  547         (c) Information relating to the existence of a sealed
  548  criminal record provided in accordance with the provisions of
  549  paragraph (a) is confidential and exempt from the provisions of
  550  s. 119.07(1) and s. 24(a), Art. I of the State Constitution,
  551  except that the department shall disclose the sealed criminal
  552  history record to the entities set forth in subparagraphs (a)1.,
  553  4., 5., 6., and 8. for their respective licensing, access
  554  authorization, and employment purposes. It is unlawful for any
  555  employee of an entity set forth in subparagraph (a)1.,
  556  subparagraph (a)4., subparagraph (a)5., subparagraph (a)6., or
  557  subparagraph (a)8. to disclose information relating to the
  558  existence of a sealed criminal history record of a person
  559  seeking employment, access authorization, or licensure with such
  560  entity or contractor, except to the person to whom the criminal
  561  history record relates or to persons having direct
  562  responsibility for employment, access authorization, or
  563  licensure decisions. Any person who violates the provisions of
  564  this paragraph commits a misdemeanor of the first degree,
  565  punishable as provided in s. 775.082 or s. 775.083.
  566         (5) SEALING OF CRIMINAL HISTORY RECORD AFTER PRIOR SEALING
  567  OR EXPUNCTION.—
  568         (a) A court may seal a person’s criminal history record
  569  after a prior criminal history record has been sealed or
  570  expunged only if the person obtains a certificate from the
  571  department to seal the criminal history record. The department
  572  shall issue the certificate for a second sealing only if:
  573         1. The person has had only one prior expunction or sealing
  574  of his or her criminal history record under s. 943.0585 or this
  575  section or one prior expunction following the sealing of the
  576  same arrest or alleged criminal activity that was expunged;
  577         2. The person has not been arrested in this state during
  578  the 5-year period prior to the date on which the application for
  579  the certificate is filed; and
  580         3. The person has not previously sealed or expunged a
  581  criminal history record that involved the same offense to which
  582  the petition to seal pertains.
  583         (b) All other provisions and requirements of this section
  584  apply to an application to seal a second criminal history
  585  record.
  586         (6)(5) STATUTORY REFERENCES.—Any reference to any other
  587  chapter, section, or subdivision of the Florida Statutes in this
  588  section constitutes a general reference under the doctrine of
  589  incorporation by reference.
  590         Section 4. This act shall take effect July 1, 2010.