Florida Senate - 2014                        COMMITTEE AMENDMENT
       Bill No. SB 1210
       
       
       
       
       
       
                                Ì110598IÎ110598                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/11/2014           .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       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.