Florida Senate - 2014 COMMITTEE AMENDMENT
Bill No. SB 1210
Ì110598IÎ110598
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/11/2014 .
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following:
1 Senate Amendment
2
3 Delete lines 1204 - 1393
4 and insert:
5 Section 35. Paragraphs (a) and (c) of subsection (4) of
6 section 943.0585, Florida Statutes, are 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, s. 943.0583, 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 Families, the Division of
84 Vocational Rehabilitation within the Department of Education,
85 the Agency for Health Care Administration, the Agency for
86 Persons with Disabilities, the Department of Health, the
87 Department of Elderly Affairs, or the Department of Juvenile
88 Justice or to be employed or used by such contractor or licensee
89 in a sensitive position having direct contact with children, the
90 disabled, or the elderly; or
91 6. Is seeking to be employed or licensed by the Department
92 of Education, any district school board, any university
93 laboratory school, any charter school, any private or parochial
94 school, or any local governmental entity that licenses child
95 care facilities; or
96 7. Is seeking to be licensed by the Division of Insurance
97 Agent and Agency Services within the Department of Financial
98 Services.
99 (c) Information relating to the existence of an expunged
100 criminal history record which is provided in accordance with
101 paragraph (a) is confidential and exempt from the provisions of
102 s. 119.07(1) and s. 24(a), Art. I of the State Constitution,
103 except that the department shall disclose the existence of a
104 criminal history record ordered expunged to the entities set
105 forth in subparagraphs (a)1., 4., 5., 6., and 7. 7. for their
106 respective licensing, access authorization, and employment
107 purposes, and to criminal justice agencies for their respective
108 criminal justice purposes. It is unlawful for any employee of an
109 entity set forth in subparagraph (a)1., subparagraph (a)4.,
110 subparagraph (a)5., subparagraph (a)6., or subparagraph (a)7.
111 subparagraph (a)7. to disclose information relating to the
112 existence of an expunged criminal history record of a person
113 seeking employment, access authorization, or licensure with such
114 entity or contractor, except to the person to whom the criminal
115 history record relates or to persons having direct
116 responsibility for employment, access authorization, or
117 licensure decisions. Any person who violates this paragraph
118 commits a misdemeanor of the first degree, punishable as
119 provided in s. 775.082 or s. 775.083.
120 Section 36. Paragraphs (a) and (c) of subsection (4) of
121 section 943.059, Florida Statutes, are amended to read:
122 943.059 Court-ordered sealing of criminal history records.
123 The courts of this state shall continue to have jurisdiction
124 over their own procedures, including the maintenance, sealing,
125 and correction of judicial records containing criminal history
126 information to the extent such procedures are not inconsistent
127 with the conditions, responsibilities, and duties established by
128 this section. Any court of competent jurisdiction may order a
129 criminal justice agency to seal the criminal history record of a
130 minor or an adult who complies with the requirements of this
131 section. The court shall not order a criminal justice agency to
132 seal a criminal history record until the person seeking to seal
133 a criminal history record has applied for and received a
134 certificate of eligibility for sealing pursuant to subsection
135 (2). A criminal history record that relates to a violation of s.
136 393.135, s. 394.4593, s. 787.025, chapter 794, s. 796.03, s.
137 800.04, s. 810.14, s. 817.034, s. 825.1025, s. 827.071, chapter
138 839, s. 847.0133, s. 847.0135, s. 847.0145, s. 893.135, s.
139 916.1075, a violation enumerated in s. 907.041, or any violation
140 specified as a predicate offense for registration as a sexual
141 predator pursuant to s. 775.21, without regard to whether that
142 offense alone is sufficient to require such registration, or for
143 registration as a sexual offender pursuant to s. 943.0435, may
144 not be sealed, without regard to whether adjudication was
145 withheld, if the defendant was found guilty of or pled guilty or
146 nolo contendere to the offense, or if the defendant, as a minor,
147 was found to have committed or pled guilty or nolo contendere to
148 committing the offense as a delinquent act. The court may only
149 order sealing of a criminal history record pertaining to one
150 arrest or one incident of alleged criminal activity, except as
151 provided in this section. The court may, at its sole discretion,
152 order the sealing of a criminal history record pertaining to
153 more than one arrest if the additional arrests directly relate
154 to the original arrest. If the court intends to order the
155 sealing of records pertaining to such additional arrests, such
156 intent must be specified in the order. A criminal justice agency
157 may not seal any record pertaining to such additional arrests if
158 the order to seal does not articulate the intention of the court
159 to seal records pertaining to more than one arrest. This section
160 does not prevent the court from ordering the sealing of only a
161 portion of a criminal history record pertaining to one arrest or
162 one incident of alleged criminal activity. Notwithstanding any
163 law to the contrary, a criminal justice agency may comply with
164 laws, court orders, and official requests of other jurisdictions
165 relating to sealing, correction, or confidential handling of
166 criminal history records or information derived therefrom. This
167 section does not confer any right to the sealing of any criminal
168 history record, and any request for sealing a criminal history
169 record may be denied at the sole discretion of the court.
170 (4) EFFECT OF CRIMINAL HISTORY RECORD SEALING.—A criminal
171 history record of a minor or an adult which is ordered sealed by
172 a court of competent jurisdiction pursuant to this section is
173 confidential and exempt from the provisions of s. 119.07(1) and
174 s. 24(a), Art. I of the State Constitution and is available only
175 to the person who is the subject of the record, to the subject’s
176 attorney, to criminal justice agencies for their respective
177 criminal justice purposes, which include conducting a criminal
178 history background check for approval of firearms purchases or
179 transfers as authorized by state or federal law, to judges in
180 the state courts system for the purpose of assisting them in
181 their case-related decisionmaking responsibilities, as set forth
182 in s. 943.053(5), or to those entities set forth in
183 subparagraphs (a)1., 4., 5., 6., and 8. 8. for their respective
184 licensing, access authorization, and employment purposes.
185 (a) The subject of a criminal history record sealed under
186 this section or under other provisions of law, including former
187 s. 893.14, former s. 901.33, and former s. 943.058, may lawfully
188 deny or fail to acknowledge the arrests covered by the sealed
189 record, except when the subject of the record:
190 1. Is a candidate for employment with a criminal justice
191 agency;
192 2. Is a defendant in a criminal prosecution;
193 3. Concurrently or subsequently petitions for relief under
194 this section, s. 943.0583, or s. 943.0585;
195 4. Is a candidate for admission to The Florida Bar;
196 5. Is seeking to be employed or licensed by or to contract
197 with the Department of Children and Families, the Division of
198 Vocational Rehabilitation within the Department of Education,
199 the Agency for Health Care Administration, the Agency for
200 Persons with Disabilities, the Department of Health, the
201 Department of Elderly Affairs, or the Department of Juvenile
202 Justice or to be employed or used by such contractor or licensee
203 in a sensitive position having direct contact with children, the
204 disabled, or the elderly;
205 6. Is seeking to be employed or licensed by the Department
206 of Education, any district school board, any university
207 laboratory school, any charter school, any private or parochial
208 school, or any local governmental entity that licenses child
209 care facilities; or
210 7. Is attempting to purchase a firearm from a licensed
211 importer, licensed manufacturer, or licensed dealer and is
212 subject to a criminal history check under state or federal law;
213 or
214 8. Is seeking to be licensed by the Division of Insurance
215 Agent and Agency Services within the Department of Financial
216 Services.
217 (c) Information relating to the existence of a sealed
218 criminal record provided in accordance with the provisions of
219 paragraph (a) is confidential and exempt from the provisions of
220 s. 119.07(1) and s. 24(a), Art. I of the State Constitution,
221 except that the department shall disclose the sealed criminal
222 history record to the entities set forth in subparagraphs (a)1.,
223 4., 5., 6., and 8. 8. for their respective licensing, access
224 authorization, and employment purposes. It is unlawful for any
225 employee of an entity set forth in subparagraph (a)1.,
226 subparagraph (a)4., subparagraph (a)5., subparagraph (a)6., or
227 subparagraph (a)8. subparagraph (a)8. to disclose information
228 relating to the existence of a sealed criminal history record of
229 a person seeking employment, access authorization, or licensure
230 with such entity or contractor, except to the person to whom the
231 criminal history record relates or to persons having direct
232 responsibility for employment, access authorization, or
233 licensure decisions. Any person who violates the provisions of
234 this paragraph commits a misdemeanor of the first degree,
235 punishable as provided in s. 775.082 or s. 775.083.