Florida Senate - 2011                              CS for SB 146
       
       
       
       By the Committee on Criminal Justice; and Senators Smith, Lynn,
       and Dockery
       
       
       
       591-02279-11                                           2011146c1
    1                        A bill to be entitled                      
    2         An act relating to criminal justice; providing a short
    3         title; providing legislative intent; requiring state
    4         agencies and regulatory boards to prepare reports that
    5         identify and evaluate restrictions on licensing and
    6         employment for ex-offenders; amending s. 112.011,
    7         F.S.; prohibiting state agencies from denying an
    8         application for a license, permit, certificate, or
    9         employment based on a person’s lack of civil rights;
   10         providing an exception; amending s. 943.0585, F.S.;
   11         clarifying under what circumstances a person may
   12         legally deny the existence of an expunged criminal
   13         history record; authorizing the disclosure of the
   14         contents of an expunged record upon receipt of a
   15         written, notarized request from the record subject;
   16         requiring clerks of the court to post information
   17         relating to procedures to seal or expunge criminal
   18         history records on the clerk’s website; amending s.
   19         943.059, F.S.; clarifying under what circumstances a
   20         person may legally deny the existence of a sealed
   21         criminal history record; authorizing a court to seal a
   22         criminal history record of a person who had a prior
   23         criminal history record sealed or expunged; providing
   24         an effective date.
   25  
   26  Be It Enacted by the Legislature of the State of Florida:
   27  
   28         Section 1. This act may be cited as the “Jim King Keep
   29  Florida Working Act.”
   30         Section 2. Restrictions on the employment of ex-offenders;
   31  legislative intent; state agency reporting requirements.
   32         (1)The Legislature declares that a goal of this state is
   33  to clearly identify the occupations from which ex-offenders are
   34  disqualified based on their specific offenses. The Legislature
   35  intends to make employment opportunities available to ex
   36  offenders in a manner that encourages them to become productive
   37  members of society and preserves the safety of the public. To
   38  this end, all state agencies shall identify all restrictions on
   39  employment imposed by the agencies or by boards that regulate
   40  professions and occupations and attempt to define each
   41  restriction as narrowly as possible while continuing to maintain
   42  public safety.
   43         (2)Each state agency, including, but not limited to,
   44  professional and occupational regulatory boards, shall, by
   45  December 31, 2011, and every 8 years thereafter, submit to the
   46  Governor, the President of the Senate, and the Speaker of the
   47  House of Representatives a report that includes:
   48         (a)A list of all agency or board policies that disqualify
   49  from employment or licensure persons who have been convicted of
   50  a crime and have completed any incarceration and restitution to
   51  which they have been sentenced for such a crime.
   52         (b)A determination of whether the disqualifying policies
   53  are readily available to prospective employers and licensees.
   54         (c)The identification and evaluation of alternatives to
   55  the disqualifying policies which promote the employment of ex
   56  offenders and protect the public.
   57         (d)An evaluation of whether the disqualifying polices are
   58  too broad and whether crimes or acts of moral turpitude that
   59  disqualify a person from licensure should be more specifically
   60  or narrowly identified.
   61         Section 3. Section 112.011, Florida Statutes, is amended to
   62  read:
   63         112.011 Disqualification from licensing and public
   64  employment based on criminal conviction Felons; removal of
   65  disqualifications for employment, exceptions.—
   66         (1)(a) Except as provided in s. 775.16, a person may shall
   67  not be disqualified from employment by the state, any of its
   68  agencies or political subdivisions, or any municipality solely
   69  because of a prior conviction for a crime. However, a person may
   70  be denied employment by the state, any of its agencies or
   71  political subdivisions, or any municipality by reason of the
   72  prior conviction for a crime if the crime was a felony or first
   73  degree misdemeanor and directly related to the position of
   74  employment sought.
   75         (b) Except as provided in s. 775.16, a person whose civil
   76  rights have been restored shall not be disqualified to practice,
   77  pursue, or engage in any occupation, trade, vocation,
   78  profession, or business for which a license, permit, or
   79  certificate is required to be issued by the state, any of its
   80  agencies or political subdivisions, or any municipality solely
   81  because of a prior conviction for a crime. However, a person
   82  whose civil rights have been restored may be denied a license,
   83  permit, or certification to pursue, practice, or engage in an
   84  occupation, trade, vocation, profession, or business by reason
   85  of the prior conviction for a crime if the crime was a felony or
   86  first-degree first degree misdemeanor that is relevant to the
   87  standards normally associated with, or determined by the
   88  regulatory authority to be necessary for the protection of the
   89  public or other parties for, and directly related to the
   90  specific occupation, trade, vocation, profession, or business
   91  for which the license, permit, or certificate is sought.
   92         (c)Notwithstanding any law to the contrary, a state agency
   93  may not deny an application for a license, permit, certificate,
   94  or employment based on the applicant’s lack of civil rights.
   95  However, this paragraph does not apply to applications for a
   96  license to carry a concealed weapon or firearm under chapter
   97  790.
   98         (2)(a) This section does shall not apply be applicable to
   99  any law enforcement or correctional agency.
  100         (b) This section does shall not apply be applicable to the
  101  employment practices of any fire department relating to the
  102  hiring of firefighters. An applicant for employment with any
  103  fire department who has with a prior felony conviction shall be
  104  excluded from employment for a period of 4 years after
  105  expiration of sentence or final release by the Parole Commission
  106  unless the applicant, before prior to the expiration of the 4
  107  year period, has received a full pardon or has had his or her
  108  civil rights restored.
  109         (c) This section does shall not apply be applicable to the
  110  employment practices of any county or municipality relating to
  111  the hiring of personnel for positions deemed to be critical to
  112  security or public safety pursuant to ss. 125.5801 and 166.0442.
  113         (3) Any complaint concerning the violation of this section
  114  shall be adjudicated in accordance with the procedures set forth
  115  in chapter 120 for administrative and judicial review.
  116         Section 4. Section 943.0585, Florida Statutes, is amended
  117  to read:
  118         943.0585 Court-ordered expunction of criminal history
  119  records.—The courts of this state have jurisdiction over their
  120  own procedures, including the maintenance, expunction, and
  121  correction of judicial records containing criminal history
  122  information to the extent such procedures are not inconsistent
  123  with the conditions, responsibilities, and duties established by
  124  this section. Any court of competent jurisdiction may order a
  125  criminal justice agency to expunge the criminal history record
  126  of a minor or an adult who complies with the requirements of
  127  this section. The court may shall not order a criminal justice
  128  agency to expunge a criminal history record until the person
  129  seeking to expunge a criminal history record has applied for and
  130  received a certificate of eligibility for expunction pursuant to
  131  subsection (2). A criminal history record that relates to a
  132  violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794,
  133  s. 796.03, s. 800.04, s. 810.14, s. 817.034, s. 825.1025, s.
  134  827.071, chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s.
  135  893.135, s. 916.1075, a violation enumerated in s. 907.041, or
  136  any violation specified as a predicate offense for registration
  137  as a sexual predator pursuant to s. 775.21, without regard to
  138  whether that offense alone is sufficient to require such
  139  registration, or for registration as a sexual offender pursuant
  140  to s. 943.0435, may not be expunged, without regard to whether
  141  adjudication was withheld, if the defendant was found guilty of
  142  or pled guilty or nolo contendere to the offense, or if the
  143  defendant, as a minor, was found to have committed, or pled
  144  guilty or nolo contendere to committing, the offense as a
  145  delinquent act. The court may only order expunction of a
  146  criminal history record pertaining to one arrest or one incident
  147  of alleged criminal activity, except as provided in this
  148  section. The court may, at its sole discretion, order the
  149  expunction of a criminal history record pertaining to more than
  150  one arrest if the additional arrests directly relate to the
  151  original arrest. If the court intends to order the expunction of
  152  records pertaining to such additional arrests, such intent must
  153  be specified in the order. A criminal justice agency may not
  154  expunge any record pertaining to such additional arrests if the
  155  order to expunge does not articulate the intention of the court
  156  to expunge a record pertaining to more than one arrest. This
  157  section does not prevent the court from ordering the expunction
  158  of only a portion of a criminal history record pertaining to one
  159  arrest or one incident of alleged criminal activity.
  160  Notwithstanding any law to the contrary, a criminal justice
  161  agency may comply with laws, court orders, and official requests
  162  of other jurisdictions relating to expunction, correction, or
  163  confidential handling of criminal history records or information
  164  derived therefrom. This section does not confer any right to the
  165  expunction of any criminal history record, and any request for
  166  expunction of a criminal history record may be denied at the
  167  sole discretion of the court.
  168         (1) PETITION TO EXPUNGE A CRIMINAL HISTORY RECORD.—Each
  169  petition to a court to expunge a criminal history record is
  170  complete only when accompanied by:
  171         (a) A valid certificate of eligibility for expunction
  172  issued by the department pursuant to subsection (2).
  173         (b) The petitioner’s sworn statement attesting that the
  174  petitioner:
  175         1. Has never, before prior to the date on which the
  176  petition is filed, been adjudicated guilty of a criminal offense
  177  or comparable ordinance violation, or been adjudicated
  178  delinquent for committing any felony or a misdemeanor specified
  179  in s. 943.051(3)(b).
  180         2. Has not been adjudicated guilty of, or adjudicated
  181  delinquent for committing, any of the acts stemming from the
  182  arrest or alleged criminal activity to which the petition
  183  pertains.
  184         3. Has never secured a prior sealing or expunction of a
  185  criminal history record under this section, former s. 893.14,
  186  former s. 901.33, or former s. 943.058, or from any jurisdiction
  187  outside the state, unless expunction is sought of a criminal
  188  history record previously sealed for 10 years pursuant to
  189  paragraph (2)(h) and the record is otherwise eligible for
  190  expunction.
  191         4. Is eligible for such an expunction to the best of his or
  192  her knowledge or belief and does not have any other petition to
  193  expunge or any petition to seal pending before any court.
  194  
  195  Any person who knowingly provides false information on such
  196  sworn statement to the court commits a felony of the third
  197  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  198  775.084.
  199         (2) CERTIFICATE OF ELIGIBILITY FOR EXPUNCTION.—Before Prior
  200  to petitioning the court to expunge a criminal history record, a
  201  person seeking to expunge a criminal history record must shall
  202  apply to the department for a certificate of eligibility for
  203  expunction. The department shall, by rule adopted pursuant to
  204  chapter 120, establish procedures pertaining to the application
  205  for and issuance of certificates of eligibility for expunction.
  206  A certificate of eligibility for expunction is valid for 12
  207  months after the date stamped on the certificate when issued by
  208  the department. After that time, the petitioner must reapply to
  209  the department for a new certificate of eligibility. Eligibility
  210  for a renewed certification of eligibility must be based on the
  211  status of the applicant and the law in effect at the time of the
  212  renewal application. The department shall issue a certificate of
  213  eligibility for expunction to a person who is the subject of a
  214  criminal history record if that person:
  215         (a) Has obtained, and submitted to the department, a
  216  written, certified statement from the appropriate state attorney
  217  or statewide prosecutor which indicates:
  218         1. That an indictment, information, or other charging
  219  document was not filed or issued in the case.
  220         2. That an indictment, information, or other charging
  221  document, if filed or issued in the case, was dismissed or nolle
  222  prosequi by the state attorney or statewide prosecutor, or was
  223  dismissed by a court of competent jurisdiction, and that none of
  224  the charges related to the arrest or alleged criminal activity
  225  to which the petition to expunge pertains resulted in a trial,
  226  without regard to whether the outcome of the trial was other
  227  than an adjudication of guilt.
  228         3. That the criminal history record does not relate to a
  229  violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794,
  230  s. 796.03, s. 800.04, s. 810.14, s. 817.034, s. 825.1025, s.
  231  827.071, chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s.
  232  893.135, s. 916.1075, a violation enumerated in s. 907.041, or
  233  any violation specified as a predicate offense for registration
  234  as a sexual predator pursuant to s. 775.21, without regard to
  235  whether that offense alone is sufficient to require such
  236  registration, or for registration as a sexual offender pursuant
  237  to s. 943.0435, where the defendant was found guilty of, or pled
  238  guilty or nolo contendere to any such offense, or that the
  239  defendant, as a minor, was found to have committed, or pled
  240  guilty or nolo contendere to committing, such an offense as a
  241  delinquent act, without regard to whether adjudication was
  242  withheld.
  243         (b) Remits a $75 processing fee to the department for
  244  placement in the Department of Law Enforcement Operating Trust
  245  Fund, unless such fee is waived by the executive director.
  246         (c) Has submitted to the department a certified copy of the
  247  disposition of the charge to which the petition to expunge
  248  pertains.
  249         (d) Has never, before prior to the date on which the
  250  application for a certificate of eligibility is filed, been
  251  adjudicated guilty of a criminal offense or comparable ordinance
  252  violation, or been adjudicated delinquent for committing any
  253  felony or a misdemeanor specified in s. 943.051(3)(b).
  254         (e) Has not been adjudicated guilty of, or adjudicated
  255  delinquent for committing, any of the acts stemming from the
  256  arrest or alleged criminal activity to which the petition to
  257  expunge pertains.
  258         (f) Has never secured a prior sealing or expunction of a
  259  criminal history record under this section, former s. 893.14,
  260  former s. 901.33, or former s. 943.058, unless expunction is
  261  sought of a criminal history record previously sealed for 10
  262  years pursuant to paragraph (h) and the record is otherwise
  263  eligible for expunction.
  264         (g) Is no longer under court supervision applicable to the
  265  disposition of the arrest or alleged criminal activity to which
  266  the petition to expunge pertains.
  267         (h) Has previously obtained a court order sealing the
  268  record under this section, former s. 893.14, former s. 901.33,
  269  or former s. 943.058 for a minimum of 10 years because
  270  adjudication was withheld or because all charges related to the
  271  arrest or alleged criminal activity to which the petition to
  272  expunge pertains were not dismissed before prior to trial,
  273  without regard to whether the outcome of the trial was other
  274  than an adjudication of guilt. The requirement for the record to
  275  have previously been sealed for a minimum of 10 years does not
  276  apply when a plea was not entered or all charges related to the
  277  arrest or alleged criminal activity to which the petition to
  278  expunge pertains were dismissed before prior to trial.
  279         (3) PROCESSING OF A PETITION OR ORDER TO EXPUNGE.—
  280         (a) In judicial proceedings under this section, a copy of
  281  the completed petition to expunge must shall be served upon the
  282  appropriate state attorney or the statewide prosecutor and upon
  283  the arresting agency; however, it is not necessary to make any
  284  agency other than the state a party. The appropriate state
  285  attorney or the statewide prosecutor and the arresting agency
  286  may respond to the court regarding the completed petition to
  287  expunge.
  288         (b) If relief is granted by the court, the clerk of the
  289  court shall certify copies of the order to the appropriate state
  290  attorney or the statewide prosecutor and the arresting agency.
  291  The arresting agency is responsible for forwarding the order to
  292  any other agency to which the arresting agency disseminated the
  293  criminal history record information to which the order pertains.
  294  The department shall forward the order to expunge to the Federal
  295  Bureau of Investigation. The clerk of the court shall certify a
  296  copy of the order to any other agency which the records of the
  297  court reflect has received the criminal history record from the
  298  court.
  299         (c) For an order to expunge entered by a court before prior
  300  to July 1, 1992, the department shall notify the appropriate
  301  state attorney or statewide prosecutor of an order to expunge
  302  which is contrary to law because the person who is the subject
  303  of the record has previously been convicted of a crime or
  304  comparable ordinance violation or has had a prior criminal
  305  history record sealed or expunged. Upon receipt of such notice,
  306  the appropriate state attorney or statewide prosecutor shall
  307  take action, within 60 days, to correct the record and petition
  308  the court to void the order to expunge. The department shall
  309  seal the record until such time as the order is voided by the
  310  court.
  311         (d) On or after July 1, 1992, the department or any other
  312  criminal justice agency is not required to act on an order to
  313  expunge entered by a court when such order does not comply with
  314  the requirements of this section. Upon receipt of such an order,
  315  the department must notify the issuing court, the appropriate
  316  state attorney or statewide prosecutor, the petitioner or the
  317  petitioner’s attorney, and the arresting agency of the reason
  318  for noncompliance. The appropriate state attorney or statewide
  319  prosecutor shall take action within 60 days to correct the
  320  record and petition the court to void the order. A No cause of
  321  action, including contempt of court, does not shall arise
  322  against any criminal justice agency for failure to comply with
  323  an order to expunge if when the petitioner for such order failed
  324  to obtain the certificate of eligibility as required by this
  325  section or such order does not otherwise comply with the
  326  requirements of this section.
  327         (4) EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.—Any
  328  criminal history record of a minor or an adult which is ordered
  329  expunged by a court of competent jurisdiction pursuant to this
  330  section must be physically destroyed or obliterated by any
  331  criminal justice agency having custody of such record; except
  332  that any criminal history record in the custody of the
  333  department must be retained in all cases. A criminal history
  334  record ordered expunged that is retained by the department is
  335  confidential and exempt from the provisions of s. 119.07(1) and
  336  s. 24(a), Art. I of the State Constitution and not available to
  337  any person or entity except upon order of a court of competent
  338  jurisdiction. A criminal justice agency may retain a notation
  339  indicating compliance with an order to expunge.
  340         (a) The person who is the subject of a criminal history
  341  record that is expunged under this section or under other
  342  provisions of law, including former s. 893.14, former s. 901.33,
  343  and former s. 943.058, may lawfully deny or fail to acknowledge
  344  the arrests and subsequent dispositions covered by the expunged
  345  record, except when the subject of the record:
  346         1. Is a candidate for employment with a criminal justice
  347  agency;
  348         2. Is a defendant in a criminal prosecution;
  349         3. Concurrently or subsequently petitions for relief under
  350  this section or s. 943.059;
  351         4. Is a candidate for admission to The Florida Bar;
  352         5. Is seeking to be employed or licensed by or to contract
  353  with the Department of Children and Family Services, the Agency
  354  for Health Care Administration, the Agency for Persons with
  355  Disabilities, or the Department of Juvenile Justice or to be
  356  employed or used by such contractor or licensee in a sensitive
  357  position having direct contact with children, the
  358  developmentally disabled, the aged, or the elderly as provided
  359  in s. 110.1127(3), s. 393.063, s. 394.4572(1), s. 397.451, s.
  360  402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(5),
  361  chapter 916, s. 985.644, chapter 400, or chapter 429;
  362         6. Is seeking to be employed or licensed by the Department
  363  of Education, any district school board, any university
  364  laboratory school, any charter school, any private or parochial
  365  school, or any local governmental entity that licenses child
  366  care facilities; or
  367         7. Is seeking authorization from a seaport listed in s.
  368  311.09 for employment within or access to one or more of such
  369  seaports pursuant to s. 311.12.
  370         (b) Subject to the exceptions in paragraph (a), a person
  371  who has been granted an expunction under this section, former s.
  372  893.14, former s. 901.33, or former s. 943.058 may not be held
  373  under any provision of law of this state to commit perjury or to
  374  be otherwise liable for giving a false statement by reason of
  375  such person’s failure to recite or acknowledge an expunged
  376  criminal history record, including a failure to recite or
  377  acknowledge on an employment application.
  378         (c) Information relating to the existence of an expunged
  379  criminal history record which is provided in accordance with
  380  paragraph (a) is confidential and exempt from the provisions of
  381  s. 119.07(1) and s. 24(a), Art. I of the State Constitution,
  382  except that the department shall disclose the existence of a
  383  criminal history record ordered expunged to the entities set
  384  forth in subparagraphs (a)1., 4., 5., 6., and 7. for their
  385  respective licensing, access authorization, and employment
  386  purposes, and to criminal justice agencies for their respective
  387  criminal justice purposes. It is unlawful for any employee of an
  388  entity set forth in subparagraph (a)1., subparagraph (a)4.,
  389  subparagraph (a)5., subparagraph (a)6., or subparagraph (a)7. to
  390  disclose information relating to the existence of an expunged
  391  criminal history record of a person seeking employment, access
  392  authorization, or licensure with such entity or contractor,
  393  except to the person to whom the criminal history record relates
  394  or to persons having direct responsibility for employment,
  395  access authorization, or licensure decisions. Any person who
  396  violates this paragraph commits a misdemeanor of the first
  397  degree, punishable as provided in s. 775.082 or s. 775.083.
  398         (d)The department may disclose the contents of an expunged
  399  record to the subject of the record upon the receipt of a
  400  written, notarized request from the subject of the record.
  401         (5)INFORMATION.—Each website for the office of a clerk of
  402  court must include information relating to procedures to seal or
  403  expunge criminal history records. This information must include
  404  the link to related information on the website of the
  405  department.
  406         (6)(5) STATUTORY REFERENCES.—Any reference to any other
  407  chapter, section, or subdivision of the Florida Statutes in this
  408  section constitutes a general reference under the doctrine of
  409  incorporation by reference.
  410         Section 5. Section 943.059, Florida Statutes, is amended to
  411  read:
  412         943.059 Court-ordered sealing of criminal history records.
  413  The courts of this state shall continue to have jurisdiction
  414  over their own procedures, including the maintenance, sealing,
  415  and correction of judicial records containing criminal history
  416  information to the extent such procedures are not inconsistent
  417  with the conditions, responsibilities, and duties established by
  418  this section. Any court of competent jurisdiction may order a
  419  criminal justice agency to seal the criminal history record of a
  420  minor or an adult who complies with the requirements of this
  421  section. The court may shall not order a criminal justice agency
  422  to seal a criminal history record until the person seeking to
  423  seal a criminal history record has applied for and received a
  424  certificate of eligibility for sealing pursuant to subsection
  425  (2). A criminal history record that relates to a violation of s.
  426  393.135, s. 394.4593, s. 787.025, chapter 794, s. 796.03, s.
  427  800.04, s. 810.14, s. 817.034, s. 825.1025, s. 827.071, chapter
  428  839, s. 847.0133, s. 847.0135, s. 847.0145, s. 893.135, s.
  429  916.1075, a violation enumerated in s. 907.041, or any violation
  430  specified as a predicate offense for registration as a sexual
  431  predator pursuant to s. 775.21, without regard to whether that
  432  offense alone is sufficient to require such registration, or for
  433  registration as a sexual offender pursuant to s. 943.0435, may
  434  not be sealed, without regard to whether adjudication was
  435  withheld, if the defendant was found guilty of or pled guilty or
  436  nolo contendere to the offense, or if the defendant, as a minor,
  437  was found to have committed or pled guilty or nolo contendere to
  438  committing the offense as a delinquent act. The court may only
  439  order sealing of a criminal history record pertaining to one
  440  arrest or one incident of alleged criminal activity, except as
  441  provided in this section. The court may, at its sole discretion,
  442  order the sealing of a criminal history record pertaining to
  443  more than one arrest if the additional arrests directly relate
  444  to the original arrest. If the court intends to order the
  445  sealing of records pertaining to such additional arrests, such
  446  intent must be specified in the order. A criminal justice agency
  447  may not seal any record pertaining to such additional arrests if
  448  the order to seal does not articulate the intention of the court
  449  to seal records pertaining to more than one arrest. This section
  450  does not prevent the court from ordering the sealing of only a
  451  portion of a criminal history record pertaining to one arrest or
  452  one incident of alleged criminal activity. Notwithstanding any
  453  law to the contrary, a criminal justice agency may comply with
  454  laws, court orders, and official requests of other jurisdictions
  455  relating to sealing, correction, or confidential handling of
  456  criminal history records or information derived therefrom. This
  457  section does not confer any right to the sealing of any criminal
  458  history record, and any request for sealing a criminal history
  459  record may be denied at the sole discretion of the court.
  460         (1) PETITION TO SEAL A CRIMINAL HISTORY RECORD.—Each
  461  petition to a court to seal a criminal history record is
  462  complete only when accompanied by:
  463         (a) A valid certificate of eligibility for sealing issued
  464  by the department pursuant to subsection (2).
  465         (b) The petitioner’s sworn statement attesting that the
  466  petitioner:
  467         1. Has never, before prior to the date on which the
  468  petition is filed, been adjudicated guilty of a criminal offense
  469  or comparable ordinance violation, or been adjudicated
  470  delinquent for committing any felony or a misdemeanor specified
  471  in s. 943.051(3)(b).
  472         2. Has not been adjudicated guilty of or adjudicated
  473  delinquent for committing any of the acts stemming from the
  474  arrest or alleged criminal activity to which the petition to
  475  seal pertains.
  476         3. Has never secured a prior sealing, except as provided in
  477  subsection (6), or expunction of a criminal history record under
  478  this section, former s. 893.14, former s. 901.33, former s.
  479  943.058, or from any jurisdiction outside the state.
  480         4. Is eligible for such a sealing to the best of his or her
  481  knowledge or belief and does not have any other petition to seal
  482  or any petition to expunge pending before any court.
  483  
  484  Any person who knowingly provides false information on such
  485  sworn statement to the court commits a felony of the third
  486  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  487  775.084.
  488         (2) CERTIFICATE OF ELIGIBILITY FOR SEALING.—Before Prior to
  489  petitioning the court to seal a criminal history record, a
  490  person seeking to seal a criminal history record shall apply to
  491  the department for a certificate of eligibility for sealing. The
  492  department shall, by rule adopted pursuant to chapter 120,
  493  establish procedures pertaining to the application for and
  494  issuance of certificates of eligibility for sealing. A
  495  certificate of eligibility for sealing is valid for 12 months
  496  after the date stamped on the certificate when issued by the
  497  department. After that time, the petitioner must reapply to the
  498  department for a new certificate of eligibility. Eligibility for
  499  a renewed certification of eligibility must be based on the
  500  status of the applicant and the law in effect at the time of the
  501  renewal application. The department shall issue a certificate of
  502  eligibility for sealing to a person who is the subject of a
  503  criminal history record provided that such person:
  504         (a) Has submitted to the department a certified copy of the
  505  disposition of the charge to which the petition to seal
  506  pertains.
  507         (b) Remits a $75 processing fee to the department for
  508  placement in the Department of Law Enforcement Operating Trust
  509  Fund, unless such fee is waived by the executive director.
  510         (c) Has never, before prior to the date on which the
  511  application for a certificate of eligibility is filed, been
  512  adjudicated guilty of a criminal offense or comparable ordinance
  513  violation, or been adjudicated delinquent for committing any
  514  felony or a misdemeanor specified in s. 943.051(3)(b).
  515         (d) Has not been adjudicated guilty of or adjudicated
  516  delinquent for committing any of the acts stemming from the
  517  arrest or alleged criminal activity to which the petition to
  518  seal pertains.
  519         (e) Has never secured a prior sealing, except as provided
  520  in subsection (6), or expunction of a criminal history record
  521  under this section, former s. 893.14, former s. 901.33, or
  522  former s. 943.058.
  523         (f) Is no longer under court supervision applicable to the
  524  disposition of the arrest or alleged criminal activity to which
  525  the petition to seal pertains.
  526         (3) PROCESSING OF A PETITION OR ORDER TO SEAL.—
  527         (a) In judicial proceedings under this section, a copy of
  528  the completed petition to seal shall be served upon the
  529  appropriate state attorney or the statewide prosecutor and upon
  530  the arresting agency; however, it is not necessary to make any
  531  agency other than the state a party. The appropriate state
  532  attorney or the statewide prosecutor and the arresting agency
  533  may respond to the court regarding the completed petition to
  534  seal.
  535         (b) If relief is granted by the court, the clerk of the
  536  court shall certify copies of the order to the appropriate state
  537  attorney or the statewide prosecutor and to the arresting
  538  agency. The arresting agency is responsible for forwarding the
  539  order to any other agency to which the arresting agency
  540  disseminated the criminal history record information to which
  541  the order pertains. The department shall forward the order to
  542  seal to the Federal Bureau of Investigation. The clerk of the
  543  court shall certify a copy of the order to any other agency
  544  which the records of the court reflect has received the criminal
  545  history record from the court.
  546         (c) For an order to seal entered by a court before prior to
  547  July 1, 1992, the department shall notify the appropriate state
  548  attorney or statewide prosecutor of any order to seal which is
  549  contrary to law because the person who is the subject of the
  550  record has previously been convicted of a crime or comparable
  551  ordinance violation or has had a prior criminal history record
  552  sealed, except as provided in subsection (6), or expunged. Upon
  553  receipt of such notice, the appropriate state attorney or
  554  statewide prosecutor shall take action, within 60 days, to
  555  correct the record and petition the court to void the order to
  556  seal. The department shall seal the record until such time as
  557  the order is voided by the court.
  558         (d) On or after July 1, 1992, the department or any other
  559  criminal justice agency is not required to act on an order to
  560  seal entered by a court if when such order does not comply with
  561  the requirements of this section. Upon receipt of such an order,
  562  the department must notify the issuing court, the appropriate
  563  state attorney or statewide prosecutor, the petitioner or the
  564  petitioner’s attorney, and the arresting agency of the reason
  565  for noncompliance. The appropriate state attorney or statewide
  566  prosecutor shall take action within 60 days to correct the
  567  record and petition the court to void the order. A No cause of
  568  action, including contempt of court, does not shall arise
  569  against any criminal justice agency for failure to comply with
  570  an order to seal if when the petitioner for such order failed to
  571  obtain the certificate of eligibility as required by this
  572  section or if when such order does not comply with the
  573  requirements of this section.
  574         (e) An order sealing a criminal history record pursuant to
  575  this section does not require that such record be surrendered to
  576  the court, and such record shall continue to be maintained by
  577  the department and other criminal justice agencies.
  578         (4) EFFECT OF CRIMINAL HISTORY RECORD SEALING.—A criminal
  579  history record of a minor or an adult which is ordered sealed by
  580  a court of competent jurisdiction pursuant to this section is
  581  confidential and exempt from the provisions of s. 119.07(1) and
  582  s. 24(a), Art. I of the State Constitution and is available only
  583  to the person who is the subject of the record, to the subject’s
  584  attorney, to criminal justice agencies for their respective
  585  criminal justice purposes, which include conducting a criminal
  586  history background check for approval of firearms purchases or
  587  transfers as authorized by state or federal law, to judges in
  588  the state courts system for the purpose of assisting them in
  589  their case-related decisionmaking responsibilities, as set forth
  590  in s. 943.053(5), or to those entities set forth in
  591  subparagraphs (a)1., 4., 5., 6., and 8. for their respective
  592  licensing, access authorization, and employment purposes.
  593         (a) The subject of a criminal history record sealed under
  594  this section or under other provisions of law, including former
  595  s. 893.14, former s. 901.33, and former s. 943.058, may lawfully
  596  deny or fail to acknowledge the arrests and subsequent
  597  dispositions covered by the sealed record, except when the
  598  subject of the record:
  599         1. Is a candidate for employment with a criminal justice
  600  agency;
  601         2. Is a defendant in a criminal prosecution;
  602         3. Concurrently or subsequently petitions for relief under
  603  this section or s. 943.0585;
  604         4. Is a candidate for admission to The Florida Bar;
  605         5. Is seeking to be employed or licensed by or to contract
  606  with the Department of Children and Family Services, the Agency
  607  for Health Care Administration, the Agency for Persons with
  608  Disabilities, or the Department of Juvenile Justice or to be
  609  employed or used by such contractor or licensee in a sensitive
  610  position having direct contact with children, the
  611  developmentally disabled, the aged, or the elderly as provided
  612  in s. 110.1127(3), s. 393.063, s. 394.4572(1), s. 397.451, s.
  613  402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(5), s.
  614  415.103, chapter 916, s. 985.644, chapter 400, or chapter 429;
  615         6. Is seeking to be employed or licensed by the Department
  616  of Education, any district school board, any university
  617  laboratory school, any charter school, any private or parochial
  618  school, or any local governmental entity that licenses child
  619  care facilities;
  620         7. Is attempting to purchase a firearm from a licensed
  621  importer, licensed manufacturer, or licensed dealer and is
  622  subject to a criminal history check under state or federal law;
  623  or
  624         8. Is seeking authorization from a Florida seaport
  625  identified in s. 311.09 for employment within or access to one
  626  or more of such seaports pursuant to s. 311.12.
  627         (b) Subject to the exceptions in paragraph (a), a person
  628  who has been granted a sealing under this section, former s.
  629  893.14, former s. 901.33, or former s. 943.058 may not be held
  630  under any provision of law of this state to commit perjury or to
  631  be otherwise liable for giving a false statement by reason of
  632  such person’s failure to recite or acknowledge a sealed criminal
  633  history record, including failure to recite or acknowledge on an
  634  employment application.
  635         (c) Information relating to the existence of a sealed
  636  criminal record provided in accordance with the provisions of
  637  paragraph (a) is confidential and exempt from the provisions of
  638  s. 119.07(1) and s. 24(a), Art. I of the State Constitution,
  639  except that the department shall disclose the sealed criminal
  640  history record to the entities set forth in subparagraphs (a)1.,
  641  4., 5., 6., and 8. for their respective licensing, access
  642  authorization, and employment purposes. It is unlawful for any
  643  employee of an entity set forth in subparagraph (a)1.,
  644  subparagraph (a)4., subparagraph (a)5., subparagraph (a)6., or
  645  subparagraph (a)8. to disclose information relating to the
  646  existence of a sealed criminal history record of a person
  647  seeking employment, access authorization, or licensure with such
  648  entity or contractor, except to the person to whom the criminal
  649  history record relates or to persons having direct
  650  responsibility for employment, access authorization, or
  651  licensure decisions. Any person who violates the provisions of
  652  this paragraph commits a misdemeanor of the first degree,
  653  punishable as provided in s. 775.082 or s. 775.083.
  654         (5) STATUTORY REFERENCES.—Any reference to any other
  655  chapter, section, or subdivision of the Florida Statutes in this
  656  section constitutes a general reference under the doctrine of
  657  incorporation by reference.
  658         (6)SEALING OF CRIMINAL HISTORY RECORD AFTER PRIOR SEALING
  659  OR EXPUNCTION.A court may seal a person’s criminal history
  660  record after a prior criminal history record has been sealed or
  661  expunged only if the person obtains a certificate from the
  662  department to seal the criminal history record. The department
  663  shall issue the certificate only if the person has not been
  664  arrested during the 5-year period following the date of the
  665  court order for the initial expunction or sealing of his or her
  666  criminal history record. All other provisions and requirements
  667  of this section apply to an application to seal a criminal
  668  history record after a prior criminal history record has been
  669  sealed or expunged.
  670         Section 6. This act shall take effect July 1, 2011.