Senate Bill sb0544

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    Florida Senate - 2006                                   SB 544

    By Senator Fasano





    11-70A-06

  1                      A bill to be entitled

  2         An act relating to the Department of Law

  3         Enforcement; amending s. 790.065, F.S.;

  4         requiring the department to review other

  5         records in addition to criminal history records

  6         to evaluate a potential buyer or transferee of

  7         a firearm, including an adjudication of mental

  8         defectiveness or a commitment to a mental

  9         institution as criteria that prohibit a person

10         from purchasing a firearm; providing

11         definitions; requiring the department to

12         maintain an automated database of persons who

13         are prohibited from purchasing a firearm;

14         requiring each clerk of court to submit certain

15         court records to the department within a

16         certain period; requiring the department to

17         delete certain records from the automated

18         database upon the request of an individual

19         meeting specified conditions; authorizing the

20         department to disclose collected data to other

21         federal or state agencies with regard to the

22         sale or transfer of a firearm; authorizing the

23         department to disclose certain information to

24         the Department of Agriculture and Consumer

25         Services for determining the eligibility of an

26         applicant for a concealed weapons or concealed

27         firearms license; requiring the clerk of court

28         or mental hospital to provide additional

29         information upon request following an appeal of

30         an unapproved sale or transfer of a firearm;

31         amending s. 914.25, F.S.; providing for

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 1         recertification for protective services for an

 2         additional period, with reimbursement for

 3         expenses from the Victim and Witness Protection

 4         Review Committee; providing for unlimited

 5         protective services for a victim or witness

 6         without reimbursement; amending s. 937.021,

 7         F.S.; providing immunity to the department,

 8         other law enforcement agencies, and media

 9         representatives from civil liability for

10         complying in good faith with a request to

11         record or report information of an Amber Alert

12         or Missing Child Alert; providing that a

13         technical or clerical error or incorrect or

14         incomplete information does not overcome the

15         presumption of good faith in reporting

16         information about an Amber Alert or Missing

17         Child Alert; providing that it is a

18         discretionary decision of a law enforcement

19         agency or its employees to report, record, or

20         display Amber Alert or Missing Child Alert

21         information; amending s. 938.07, F.S.;

22         requiring that a portion of certain court costs

23         imposed for a conviction of driving or boating

24         under the influence be deposited into the

25         department's Operating Trust Fund instead of

26         the Criminal Justice Standards and Training

27         Trust Fund; amending s. 938.27, F.S.; requiring

28         that investigative costs recovered on behalf of

29         the department be deposited into the Forfeiture

30         and Investigative Trust Fund; amending s.

31         943.05, F.S.; authorizing the department to

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 1         retain fingerprints in certain circumstances

 2         and use retained fingerprints for certain

 3         purposes; amending s. 943.052, F.S.; requiring

 4         that disposition reports for dispositions

 5         relating to minor offenders are mandatory after

 6         a specified date; amending s. 68.07, F.S.;

 7         requiring a set of fingerprints as part of a

 8         name-change petition; amending s. 943.053,

 9         F.S.; requiring the department to make certain

10         information available to judges; limiting the

11         use of information; authorizing a criminal

12         justice agency to obtain a criminal history

13         background check of a noncertified agency

14         employee by submitting fingerprints to the

15         department; requiring that a criminal history

16         check be provided by the department in certain

17         circumstances; amending s. 943.0585, F.S.;

18         prohibiting a court from expunging a criminal

19         history record containing certain sexual

20         offenses or certain offenses that require

21         registration as a sexual offender; requiring a

22         valid certificate of eligibility for expunction

23         in a petition to expunge a criminal history

24         record; specifying the time during which a

25         certificate of eligibility for expunction is

26         valid; requiring that a trial must not have

27         occurred in order for a person to obtain a

28         statement from the state attorney authorizing

29         the expunction of a criminal record;

30         authorizing a person who has secured a prior

31         sealing or expunction of a criminal history

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 1         record to seek a certificate of eligibility for

 2         expunction if the criminal history record was

 3         previously sealed for a specified time and is

 4         otherwise eligible for expunction; providing

 5         that a person who is seeking authorization for

 6         employment or access to a seaport may not deny

 7         or fail to acknowledge an arrest covered by an

 8         expunged record; providing that the department

 9         may acknowledge an expunged criminal history

10         record under certain circumstances; amending s.

11         943.059, F.S.; enumerating certain sexual

12         offenses and offenses that require registration

13         as a sexual offender which may not be sealed;

14         requiring a valid certificate of eligibility

15         for sealing in a petition to seal a criminal

16         history record; specifying the period during

17         which a certificate of eligibility for sealing

18         is valid; providing that information in a

19         sealed criminal record is available to a

20         criminal justice agency to conduct a criminal

21         history background check for approval of a

22         firearms purchase or transfer; prohibiting a

23         person from denying arrests covered by his or

24         her sealed criminal record when attempting to

25         purchase a firearm; providing that a person who

26         is seeking authorization for employment or

27         access to a seaport may not deny or fail to

28         acknowledge an arrest covered by a sealed

29         record; providing that the department may

30         acknowledge a sealed criminal history record

31         under certain circumstances; amending s.

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 1         943.13, F.S.; requiring the department to enter

 2         the fingerprints of law enforcement or

 3         correctional officers into a statewide

 4         automated fingerprint identification system;

 5         requiring the department to search each arrest

 6         fingerprint card received against fingerprints

 7         retained in the statewide automated fingerprint

 8         identification system; providing for

 9         refingerprinting by a certain date; amending

10         ss. 943.1715 and 943.1716, F.S.; deleting the

11         minimum number of hours required for basic

12         skills training and continued employment

13         training relating to diverse populations for

14         law enforcement officers; repealing s.

15         943.2569, F.S., relating to an annual financial

16         audit of criminal justice selection centers;

17         amending s. 943.257, F.S.; authorizing the

18         Criminal Justice Standards and Training

19         Commission and the advisory board of a criminal

20         justice selection center to inspect and copy

21         any documents from a center in order to conduct

22         oversight responsibilities, including documents

23         pertaining to any internal or independent

24         audits; amending s. 943.401, F.S.; requiring

25         the department to investigate all public

26         assistance that is provided by the state;

27         requiring public assistance recipients to

28         consent in writing to an investigation into

29         their employment and financial histories by the

30         Agency for Workforce Innovation; requiring the

31         department to report the results of the

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 1         investigations to the Agency for Workforce

 2         Innovation; authorizing the department to

 3         purchase goodwill and promotional materials;

 4         limiting the annual amount of such

 5         expenditures; prohibiting the unauthorized use

 6         of the department's emblems and names;

 7         providing a penalty; providing an effective

 8         date.

 9  

10  Be It Enacted by the Legislature of the State of Florida:

11  

12         Section 1.  Effective February 1, 2007, paragraph (a)

13  of subsection (2) of section 790.065, Florida Statutes, is

14  amended to read:

15         790.065  Sale and delivery of firearms.--

16         (2)  Upon receipt of a request for a criminal history

17  record check, the Department of Law Enforcement shall, during

18  the licensee's call or by return call, forthwith:

19         (a)  Review criminal history records and other records

20  that have been provided to the department to determine if the

21  potential buyer or transferee:

22         1.  Has been convicted of a felony and is prohibited

23  from receipt or possession of a firearm pursuant to s. 790.23;

24         2.  Has been convicted of a misdemeanor crime of

25  domestic violence, and therefore is prohibited from purchasing

26  a firearm; or

27         3.  Has had adjudication of guilt withheld or

28  imposition of sentence suspended on any felony or misdemeanor

29  crime of domestic violence unless 3 years have elapsed since

30  probation or any other conditions set by the court have been

31  fulfilled or expunction has occurred; or.

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 1         4.  Has been adjudicated mentally defective or has been

 2  committed to a mental institution by a court and as a result

 3  is prohibited by federal law from purchasing a firearm.

 4         a.  As used in this subparagraph, the term "adjudicated

 5  mentally defective" means a determination by a court that a

 6  person, as a result of marked subnormal intelligence, or

 7  mental illness, incompetency, condition, or disease, is a

 8  danger to himself or herself or to others or lacks the mental

 9  capacity to contract or manage his or her own affairs. The

10  term includes a judicial finding of incapacity under s.

11  744.331(6)(a), an acquittal by reason of insanity of a person

12  charged with a criminal offense, and a judicial finding that a

13  criminal defendant is not competent to stand trial.

14         b.  As used in this subparagraph, the term "committed

15  to a mental institution" means involuntary commitment,

16  commitment for mental defectiveness or mental illness, or

17  commitment for substance abuse. The term includes involuntary

18  inpatient placement as defined in s. 394.467, involuntary

19  assessment and stabilization under s. 397.6818, and

20  involuntary substance abuse treatment under s. 397.6957, but

21  does not include a person in a mental institution for

22  observation or a person who has been discharged from a mental

23  institution based upon the initial review by the physician or

24  a voluntary admission to a mental institution.

25         c.  In order to check for such conditions, the

26  department shall compile and maintain an automated database of

27  persons who are prohibited from purchasing a firearm based on

28  court records of adjudications of mental defectiveness or

29  commitments to mental institutions. Each clerk of court shall

30  submit these records to the department within 1 month after

31  the order of adjudication or commitment is rendered. Reports

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 1  may be submitted in an automated format. The reports must, at

 2  a minimum, include the name, any known alias or former name,

 3  the sex, and the date of birth of the individual. The

 4  department shall delete any mental health record from the

 5  database upon the request of an individual when at least 5

 6  years have elapsed since the individual's restoration to

 7  capacity by court order after being adjudicated an

 8  incapacitated person under s. 744.331 or similar laws of any

 9  other state, or, in the case of an individual who was

10  previously committed to a mental institution under chapter 394

11  or similar laws of any other state, when the individual

12  produces a certificate from a licensed psychiatrist stating

13  that he or she has not suffered from such disability for at

14  least 5 years prior to the date of the request for removal of

15  the record. If the department has received a subsequent record

16  of an adjudication of mental defectiveness or commitment to a

17  mental institution for such individual, the 5-year timeframe

18  shall be calculated from the most recent adjudication of

19  incapacitation or commitment.

20         d.  The department may disclose the collected data to

21  federal or state agencies for use exclusively in determining

22  the lawfulness of a firearm sale or transfer. The department

23  may also disclose any applicable collected data to the

24  Department of Agriculture and Consumer Services for purposes

25  of determining a person's eligibility for a concealed weapons

26  or concealed firearms license upon receipt of an applicant

27  fingerprint submission forwarded pursuant to s. 790.06(6)(a).

28  If a potential buyer or transferee appeals a nonapproval based

29  on such records, the clerks of court and mental institutions

30  shall, upon request by the department, provide information to

31  help determine whether the potential buyer or transferee is

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 1  the same person as the subject of the record. Photographs and

 2  other data that may confirm or negate identity must be made

 3  available to the department for such purposes, notwithstanding

 4  any other provision of state law to the contrary. Information

 5  that is made confidential or exempt from disclosure by law

 6  shall remain confidential or exempt when transferred to the

 7  department.

 8         Section 2.  Subsections (4) and (5) of section 914.25,

 9  Florida Statutes, are amended to read:

10         914.25  Protective services for certain victims and

11  witnesses.--

12         (4)(a)  When a victim or witness is certified as

13  provided in subsection (3), a law enforcement agency, in

14  consultation with the certifying state attorney or the

15  statewide prosecutor, may provide appropriate protective

16  services. If a victim or witness needs to be temporarily

17  relocated, the statewide prosecutor or the state attorney must

18  notify the Department of Law Enforcement. The Department of

19  Law Enforcement, in consultation with the statewide prosecutor

20  or the state attorney, and any other law enforcement agency

21  involved in the criminal investigation or prosecution, shall

22  coordinate the temporary relocation of the victim or witness.

23         (b)  Protective services, including temporary

24  relocation services, may initially be provided for up to 1

25  year or until the risk giving rise to the certification has

26  diminished, whichever occurs sooner. If deemed necessary, The

27  statewide prosecutor or the state attorney may, at the end of

28  the certification year, recertify a victim or witness at risk

29  of harm for an additional period of up to 1 year or until the

30  risk giving rise to the certification has diminished,

31  whichever occurs first. A victim or witness at risk of harm

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 1  may be certified and recertified annually as provided in this

 2  section to provide a maximum of 4 years of eligibility for

 3  protective services.

 4         (5)  The lead law enforcement agency that provides

 5  protective services, as authorized in this section, may seek

 6  reimbursement for its reasonable expenses from the Victim and

 7  Witness Protection Review Committee, pursuant to the

 8  provisions of s. 943.031. This section does not prevent any

 9  law enforcement agency from providing protective services at

10  the agency's expense beyond the 4-year maximum period

11  established in this section. Any additional expenditures for

12  protective services are not eligible for reimbursement under

13  this section.

14         Section 3.  Subsection (3) is added to section 937.021,

15  Florida Statutes, to read:

16         937.021  Missing child reports.--

17         (3)(a)  Upon receiving a request to record, report,

18  transmit, display, or release Amber Alert or Missing Child

19  Alert information from the law enforcement agency having

20  jurisdiction over the missing or endangered child, the

21  Department of Law Enforcement as the state Amber Alert

22  coordinator; any state or local law enforcement agency and the

23  personnel of these agencies; any radio or television network,

24  broadcaster, or other media representative; or any agency,

25  employee, individual, or entity is immune from civil liability

26  for damages for complying in good faith with the request and

27  is presumed to have acted in good faith in recording,

28  reporting, transmitting, displaying, or releasing Amber Alert

29  or Missing Child Alert information pertaining to such child.

30         (b)  The presumption of good faith is not overcome if a

31  technical or clerical error is made by an agency, employee,

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 1  individual, or entity acting at the request of the local law

 2  enforcement agency having jurisdiction, or if the Amber Alert

 3  or Missing Child Alert information is incomplete or incorrect

 4  because the information received from the local law

 5  enforcement agency was incomplete or incorrect.

 6         (c)  Neither this subsection nor any other provision of

 7  law creates a duty of the agency, employee, individual, or

 8  entity to record, report, transmit, display, or release the

 9  Amber Alert or Missing Child Alert information received from

10  the local law enforcement agency having jurisdiction. The

11  decision to do so is discretionary with the agency, employee,

12  individual, or entity receiving that information from the

13  local law enforcement agency having jurisdiction.

14         Section 4.  Section 938.07, Florida Statutes, is

15  amended to read:

16         938.07  Driving or boating under the

17  influence.--Notwithstanding any other provision of s. 316.193

18  or s. 327.35, a court cost of $135 shall be added to any fine

19  imposed pursuant to s. 316.193 or s. 327.35. The clerks shall

20  remit the funds to the Department of Revenue, $25 of which

21  shall be deposited in the Emergency Medical Services Trust

22  Fund, $50 shall be deposited in the Operating Criminal Justice

23  Standards and Training Trust Fund of the Department of Law

24  Enforcement to be used for operational expenses in conducting

25  the statewide criminal analysis laboratory system established

26  in s. 943.32, and $60 shall be deposited in the Brain and

27  Spinal Cord Injury Rehabilitation Trust Fund created in s.

28  381.79.

29         Section 5.  Subsection (7) of section 938.27, Florida

30  Statutes, is amended to read:

31         938.27  Judgment for costs on conviction.--

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 1         (7)  Investigative costs that which are recovered shall

 2  be returned to the appropriate investigative agency that which

 3  incurred the expense. Such costs shall include actual expenses

 4  incurred in conducting the investigation and prosecution of

 5  the criminal case; however, costs may also include the

 6  salaries of permanent employees. Any investigative costs

 7  recovered on behalf of a state agency must be remitted to the

 8  Department of Revenue for deposit in the agency operating

 9  trust fund, and a report of the payment must be sent to the

10  agency, except that any investigative costs recovered on

11  behalf of the Department of Law Enforcement shall be deposited

12  in the department's Forfeiture and Investigative Support Trust

13  Fund under s. 943.362.

14         Section 6.  Paragraphs (g) and (h) are added to

15  subsection (2) of section 943.05, Florida Statutes, to read:

16         943.05  Criminal Justice Information Program; duties;

17  crime reports.--

18         (2)  The program shall:

19         (g)  Retain fingerprints submitted by criminal and

20  noncriminal justice agencies to the department for a criminal

21  history background screening, as provided by law, and enter

22  the fingerprints in the statewide automated fingerprint

23  identification system authorized by paragraph (b).  Such

24  fingerprints shall be available for all purposes and uses

25  authorized for arrest fingerprint cards entered into the

26  statewide automated fingerprint identification system pursuant

27  to s. 943.051.

28         (h)  Search all arrest fingerprint cards received under

29  s. 943.051 against the fingerprints retained in the statewide

30  automated fingerprint identification system under paragraph

31  (g). Any arrest record that is identified with the retained

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 1  fingerprints of a person subject to background screening as

 2  provided in paragraph (g) shall be reported to the appropriate

 3  agency. Agencies may participate in this search process by

 4  paying an annual fee to the department and informing the

 5  department of any change in the affiliation, employment,

 6  contractual status, or place of affiliation, employment, or

 7  contracting of the persons whose fingerprints are retained

 8  under paragraph (g). The department shall adopt a rule setting

 9  the amount of the annual fee to be imposed upon each

10  participating agency for performing searches and establishing

11  the procedures for the retention of fingerprints and the

12  dissemination of search results. The fee may be borne as

13  provided by law. Fees may be waived or reduced by the

14  executive director for good cause. Consistent with the

15  recognition of criminal justice agencies expressed in s.

16  943.053(3), these services shall be provided to criminal

17  justice agencies for criminal justice purposes free of charge.

18         Section 7.  Subsection (2) of section 943.052, Florida

19  Statutes, is amended to read:

20         943.052  Disposition reporting.--The Criminal Justice

21  Information Program shall, by rule, establish procedures and a

22  format for each criminal justice agency to monitor its records

23  and submit reports, as provided by this section, to the

24  program.  The disposition report shall be developed by the

25  program and shall include the offender-based transaction

26  system number.

27         (2)  Each clerk of the court shall submit the uniform

28  dispositions to the program or in a manner acceptable to the

29  program. The report shall be submitted at least once a month

30  and, when acceptable by the program, may be submitted in an

31  automated format. The disposition report is mandatory for

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 1  dispositions relating to adult offenders only. Beginning July

 2  1, 2008, a disposition report for each disposition relating to

 3  a minor offender is mandatory.

 4         Section 8.  Subsections (2) and (5) of section 68.07,

 5  Florida Statutes, are amended to read:

 6         68.07  Change of name.--

 7         (2)  The petition shall include a set copy of the

 8  petitioner's fingerprints taken by a law enforcement agency

 9  except where a former name is being restored and be verified

10  and show:

11         (a)  That petitioner is a bona fide resident of and

12  domiciled in the county where the change of name is sought.

13         (b)  If known, the date and place of birth of

14  petitioner, petitioner's father's name, mother's maiden name,

15  and where petitioner has resided since birth.

16         (c)  If petitioner is married, the name of petitioner's

17  spouse and if petitioner has children, the names and ages of

18  each and where they reside.

19         (d)  If petitioner's name has previously been changed

20  and when and where and by what court.

21         (e)  Petitioner's occupation and where petitioner is

22  employed and has been employed for 5 years next preceding

23  filing of the petition. If petitioner owns and operates a

24  business, the name and place of it shall be stated and

25  petitioner's connection therewith and how long petitioner has

26  been identified with said business. If petitioner is in a

27  profession, the profession shall be stated, where the

28  petitioner has practiced the profession and if a graduate of a

29  school or schools, the name or names thereof, time of

30  graduation, and degrees received.

31  

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 1         (f)  Whether the petitioner has been generally known or

 2  called by any other names and if so, by what names and where.

 3         (g)  Whether petitioner has ever been adjudicated a

 4  bankrupt and if so, where and when.

 5         (h)  Whether petitioner has ever been arrested for or

 6  charged with, pled guilty or nolo contendere to, or been found

 7  to have committed a criminal offense, regardless of

 8  adjudication, and if so, when and where.

 9         (i)  Whether any money judgment has ever been entered

10  against petitioner and if so, the name of the judgment

11  creditor, the amount and date thereof, the court by which

12  entered, and whether the judgment has been satisfied.

13         (j)  That the petition is filed for no ulterior or

14  illegal purpose and granting it will not in any manner invade

15  the property rights of others, whether partnership, patent,

16  good will, privacy, trademark, or otherwise.

17         (k)  That the petitioner's civil rights have never been

18  suspended, or if the petitioner's civil rights have been

19  suspended, that full restoration of civil rights has occurred.

20         (5)  The clerk must, upon the filing of the final

21  judgment, send a report of the judgment to the Department of

22  Law Enforcement on a form to be furnished by that department.

23  The Department of Law Enforcement must send a copy of the

24  report to the Department of Highway Safety and Motor Vehicles,

25  which may be delivered by electronic transmission. The report

26  must contain sufficient information to identify the

27  petitioner, including a set copy of the petitioner's

28  fingerprints taken by a law enforcement agency, the new name

29  of the petitioner, and the file number of the judgment. Any

30  information retained by the Department of Law Enforcement and

31  the Department of Highway Safety and Motor Vehicles may be

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 1  revised or supplemented by said departments to reflect changes

 2  made by the final judgment. With respect to a person convicted

 3  of a felony in another state or of a federal offense, the

 4  Department of Law Enforcement must send the report to the

 5  respective state's office of law enforcement records or to the

 6  office of the Federal Bureau of Investigation. The Department

 7  of Law Enforcement may forward the report to any other law

 8  enforcement agency it believes may retain information related

 9  to the petitioner. Any costs associated with fingerprinting

10  must be paid by the petitioner.

11         Section 9.  Present subsections (5), (6), (7), (8), and

12  (9) of section 943.053, Florida Statutes, are redesignated as

13  subsections (6), (7), (8), (9), and (10), respectively, and

14  new subsections (5), (11), and (12) are added to that section,

15  to read:

16         943.053  Dissemination of criminal justice information;

17  fees.--

18         (5)  Notwithstanding s. 943.0525, or any user agreement

19  adopted pursuant thereto, and notwithstanding the

20  confidentiality of sealed records as provided in s. 943.059,

21  the department shall make criminal justice information

22  available on-line to each judge in the state court system in

23  order to assist the judge in case-related decisionmaking.

24  On-line access shall be provided without charge to the state

25  court system. Sealed records received by courts under this

26  section remain confidential and exempt from s. 119.07(1). The

27  information provided pursuant to this subsection does not

28  replace any information required to be provided to the courts

29  by any other agency or entity. Information provided under this

30  subsection may be used only for the official court business

31  

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 1  for which it was requested and may not be further

 2  disseminated.

 3         (11)  A criminal justice agency that is authorized

 4  under federal rules or law to conduct a criminal history

 5  background check on an agency employee who is not certified by

 6  the Criminal Justice Standards and Training Commission under

 7  s. 943.12 may submit to the department the fingerprints of the

 8  noncertified employee to obtain state and national criminal

 9  history information. Effective January 15, 2007, fingerprints

10  submitted shall be retained and entered in the statewide

11  automated fingerprint identification system authorized by s.

12  943.05 and shall be available for all purposes and uses

13  authorized for arrest fingerprint cards entered in the

14  statewide automated fingerprint identification system pursuant

15  to s. 943.051. The department shall search all arrest

16  fingerprint cards received pursuant to s. 943.051 against the

17  fingerprints retained in the statewide automated fingerprint

18  identification system pursuant to this section. In addition to

19  the purposes and uses authorized for arrest fingerprint cards

20  for which submitted fingerprints may be used, any arrest

21  record that is identified with the retained employee

22  fingerprints must be reported to the submitting employing

23  agency.

24         (12)  Notwithstanding any other provision of law, when

25  a criminal history check or a duty to disclose the absence of

26  a criminal history check is mandated by state law or when a

27  privilege or benefit is conferred by state law in return for

28  exercising an option of conducting a criminal history check,

29  the referenced criminal history check, whether an initial or

30  renewal check, shall include the state criminal history

31  provided by the department as set forth in this section. Such

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 1  criminal history information may be provided by a private

 2  vendor only if that information is directly obtained from the

 3  department for each request. A national criminal history check

 4  that is required or authorized by state law shall be submitted

 5  by and through the department in the manner established by the

 6  department for such checks, unless otherwise required by

 7  federal law. The fee for criminal history information as

 8  established by state law or, in the case of national checks,

 9  by the Federal Government, shall be borne by the person or

10  entity submitting the request, or as provided by law. Criminal

11  history information provided by any other governmental entity

12  of this state or any private entity may not be substituted for

13  criminal history information provided by the department if the

14  criminal history check or a duty to disclose the absence of a

15  criminal history check is required by statute or is made a

16  condition of a privilege or benefit by law.

17         Section 10.  Section 943.0585, Florida Statutes, is

18  amended to read:

19         943.0585  Court-ordered expunction of criminal history

20  records.--The courts of this state have jurisdiction over

21  their own procedures, including the maintenance, expunction,

22  and 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

25  by this section. Any court of competent jurisdiction may order

26  a criminal justice agency to expunge the criminal history

27  record of a minor or an adult who complies with the

28  requirements of this section. The court shall not order a

29  criminal justice agency to expunge a criminal history record

30  until the person seeking to expunge a criminal history record

31  has applied for and received a certificate of eligibility for

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 1  expunction pursuant to subsection (2). A criminal history

 2  record that relates to a violation of s. 393.135, s. 394.4593,

 3  s. 787.025, chapter 794, s. 796.03, s. 800.04, s. 810.14, s.

 4  817.034, s. 825.1025, s. 827.071, chapter 839, s. 847.0133, s.

 5  847.0135, s. 847.0145, s. 893.135,  s. 916.1075, or a

 6  violation enumerated in s. 907.041, or any violation specified

 7  as a predicate offense for registration as a sexual predator

 8  pursuant to s. 775.21, without regard to whether that offense

 9  alone is sufficient to require such registration, or as a

10  sexual offender pursuant to s. 943.0435, may not be expunged,

11  without regard to whether adjudication was withheld, if the

12  defendant was found guilty of or pled guilty or nolo

13  contendere to the offense, or if the defendant, as a minor,

14  was found to have committed, or pled guilty or nolo contendere

15  to committing, the offense as a delinquent act. The court may

16  only order expunction of a criminal history record pertaining

17  to one arrest or one incident of alleged criminal activity,

18  except as provided in this section. The court may, at its sole

19  discretion, order the expunction of a criminal history record

20  pertaining to more than one arrest if the additional arrests

21  directly relate to the original arrest. If the court intends

22  to order the expunction of records pertaining to such

23  additional arrests, such intent must be specified in the

24  order. A criminal justice agency may not expunge any record

25  pertaining to such additional arrests if the order to expunge

26  does not articulate the intention of the court to expunge a

27  record pertaining to more than one arrest. This section does

28  not prevent the court from ordering the expunction of only a

29  portion of a criminal history record pertaining to one arrest

30  or one incident of alleged criminal activity. Notwithstanding

31  any law to the contrary, a criminal justice agency may comply

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 1  with laws, court orders, and official requests of other

 2  jurisdictions relating to expunction, correction, or

 3  confidential handling of criminal history records or

 4  information derived therefrom. This section does not confer

 5  any right to the expunction of any criminal history record,

 6  and any request for expunction of a criminal history record

 7  may be denied at the sole discretion of the court.

 8         (1)  PETITION TO EXPUNGE A CRIMINAL HISTORY

 9  RECORD.--Each petition to a court to expunge a criminal

10  history record is complete only when accompanied by:

11         (a)  A valid certificate of eligibility for expunction

12  issued by the department pursuant to subsection (2).

13         (b)  The petitioner's sworn statement attesting that

14  the petitioner:

15         1.  Has never, prior to the date on which the petition

16  is filed, been adjudicated guilty of a criminal offense or

17  comparable ordinance violation or been adjudicated delinquent

18  for committing a felony or a misdemeanor specified in s.

19  943.051(3)(b).

20         2.  Has not been adjudicated guilty of, or adjudicated

21  delinquent for committing, any of the acts stemming from the

22  arrest or alleged criminal activity to which the petition

23  pertains.

24         3.  Has never secured a prior sealing or expunction of

25  a criminal history record under this section, former s.

26  893.14, former s. 901.33, or former s. 943.058, or from any

27  jurisdiction outside the state, unless the expunction is

28  sought for a criminal history record that was previously

29  sealed for 10 years pursuant to paragraph (2)(h) and the

30  record is otherwise eligible for expunction.

31  

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 1         4.  Is eligible for such an expunction to the best of

 2  his or her knowledge or belief and does not have any other

 3  petition to expunge or any petition to seal pending before any

 4  court.

 5  

 6  Any person who knowingly provides false information on such

 7  sworn statement to the court commits a felony of the third

 8  degree, punishable as provided in s. 775.082, s. 775.083, or

 9  s. 775.084.

10         (2)  CERTIFICATE OF ELIGIBILITY FOR EXPUNCTION.--Prior

11  to petitioning the court to expunge a criminal history record,

12  a person seeking to expunge a criminal history record shall

13  apply to the department for a certificate of eligibility for

14  expunction. The department shall, by rule adopted pursuant to

15  chapter 120, establish procedures pertaining to the

16  application for and issuance of certificates of eligibility

17  for expunction. A certificate of eligibility for expunction is

18  valid for 12 months after the date stamped on the certificate

19  when issued by the Department of Law Enforcement. After that

20  time, the petitioner must reapply to the department for a new

21  certificate of eligibility. Eligibility for a renewed

22  certification of eligibility must be based on the status of

23  the applicant and the law in effect at the time of the most

24  recent application. The department shall issue a certificate

25  of eligibility for expunction to a person who is the subject

26  of a criminal history record if that person:

27         (a)  Has obtained, and submitted to the department, a

28  written, certified statement from the appropriate state

29  attorney or statewide prosecutor which indicates:

30         1.  That an indictment, information, or other charging

31  document was not filed or issued in the case.

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 1         2.  That an indictment, information, or other charging

 2  document, if filed or issued in the case, was dismissed or

 3  nolle prosequi by the state attorney or statewide prosecutor,

 4  or was dismissed by a court of competent jurisdiction, and

 5  that none of the charges related to the arrest or alleged

 6  criminal activity to which the petition to expunge pertains

 7  resulted in a trial, without regard to whether the outcome of

 8  the trial was other than an adjudication of guilt.

 9         3.  That the criminal history record does not relate to

10  a violation of s. 393.135, s. 394.4593, s. 787.025, chapter

11  794, s. 796.03, s. 800.04, s. 810.14, s. 817.034, s. 825.1025,

12  s. 827.071, chapter 839, s. 847.0133, s. 847.0135, s.

13  847.0145, s. 893.135, s. 916.1075, or a violation enumerated

14  in s. 907.041, or any violation specified as a predicate

15  offense for registration as a sexual predator pursuant to s.

16  775.21, without regard to whether that offense alone is

17  sufficient to require such registration, or as a sexual

18  offender pursuant to s. 943.0435, where the defendant was

19  found guilty of, or pled guilty or nolo contendere to any such

20  offense, or that the defendant, as a minor, was found to have

21  committed, or pled guilty or nolo contendere to committing,

22  such an offense as a delinquent act, without regard to whether

23  adjudication was withheld.

24         (b)  Remits a $75 processing fee to the department for

25  placement in the Department of Law Enforcement Operating Trust

26  Fund, unless such fee is waived by the executive director.

27         (c)  Has submitted to the department a certified copy

28  of the disposition of the charge to which the petition to

29  expunge pertains.

30         (d)  Has never, prior to the date on which the

31  application for a certificate of eligibility is filed, been

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 1  adjudicated guilty of a criminal offense or comparable

 2  ordinance violation or been adjudicated delinquent for

 3  committing a felony or a misdemeanor specified in s.

 4  943.051(3)(b).

 5         (e)  Has not been adjudicated guilty of, or adjudicated

 6  delinquent for committing, any of the acts stemming from the

 7  arrest or alleged criminal activity to which the petition to

 8  expunge pertains.

 9         (f)  Has never secured a prior sealing or expunction of

10  a criminal history record under this section, former s.

11  893.14, former s. 901.33, or former s. 943.058, unless

12  expunction is sought of a criminal history record previously

13  sealed for 10 years pursuant to paragraph (h) and the record

14  is otherwise eligible for expunction.

15         (g)  Is no longer under court supervision applicable to

16  the disposition of the arrest or alleged criminal activity to

17  which the petition to expunge pertains.

18         (h)  Has previously obtained a court order sealing the

19  record under this section, former s. 893.14, former s. 901.33,

20  or former s. 943.058 for a minimum of 10 years because

21  adjudication was withheld or because all charges related to

22  the arrest or alleged criminal activity to which the petition

23  to expunge pertains were not dismissed prior to trial, without

24  regard to whether the outcome of the trial was other than an

25  adjudication of guilt. The requirement for the record to have

26  previously been sealed for a minimum of 10 years does not

27  apply when a plea was not entered or all charges related to

28  the arrest or alleged criminal activity to which the petition

29  to expunge pertains were dismissed prior to trial. Is not

30  required to wait a minimum of 10 years prior to being eligible

31  for an expunction of such records because all charges related

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 1  to the arrest or criminal activity to which the petition to

 2  expunge pertains were dismissed prior to trial, adjudication,

 3  or the withholding of adjudication. Otherwise, such criminal

 4  history record must be sealed under this section, former s.

 5  893.14, former s. 901.33, or former s. 943.058 for at least 10

 6  years before such record is eligible for expunction.

 7         (3)  PROCESSING OF A PETITION OR ORDER TO EXPUNGE.--

 8         (a)  In judicial proceedings under this section, a copy

 9  of the completed petition to expunge shall be served upon the

10  appropriate state attorney or the statewide prosecutor and

11  upon the arresting agency; however, it is not necessary to

12  make any agency other than the state a party. The appropriate

13  state attorney or the statewide prosecutor and the arresting

14  agency may respond to the court regarding the completed

15  petition to expunge.

16         (b)  If relief is granted by the court, the clerk of

17  the court shall certify copies of the order to the appropriate

18  state attorney or the statewide prosecutor and the arresting

19  agency. The arresting agency is responsible for forwarding the

20  order to any other agency to which the arresting agency

21  disseminated the criminal history record information to which

22  the order pertains. The department shall forward the order to

23  expunge to the Federal Bureau of Investigation. The clerk of

24  the court shall certify a copy of the order to any other

25  agency which the records of the court reflect has received the

26  criminal history record from the court.

27         (c)  For an order to expunge entered by a court prior

28  to July 1, 1992, the department shall notify the appropriate

29  state attorney or statewide prosecutor of an order to expunge

30  which is contrary to law because the person who is the subject

31  of the record has previously been convicted of a crime or

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 1  comparable ordinance violation or has had a prior criminal

 2  history record sealed or expunged. Upon receipt of such

 3  notice, the appropriate state attorney or statewide prosecutor

 4  shall take action, within 60 days, to correct the record and

 5  petition the court to void the order to expunge. The

 6  department shall seal the record until such time as the order

 7  is voided by the court.

 8         (d)  On or after July 1, 1992, the department or any

 9  other criminal justice agency is not required to act on an

10  order to expunge entered by a court when such order does not

11  comply with the requirements of this section. Upon receipt of

12  such an order, the department must notify the issuing court,

13  the appropriate state attorney or statewide prosecutor, the

14  petitioner or the petitioner's attorney, and the arresting

15  agency of the reason for noncompliance. The appropriate state

16  attorney or statewide prosecutor shall take action within 60

17  days to correct the record and petition the court to void the

18  order. No cause of action, including contempt of court, shall

19  arise against any criminal justice agency for failure to

20  comply with an order to expunge when the petitioner for such

21  order failed to obtain the certificate of eligibility as

22  required by this section or such order does not otherwise

23  comply with the requirements of this section.

24         (4)  EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.--Any

25  criminal history record of a minor or an adult which is

26  ordered expunged by a court of competent jurisdiction pursuant

27  to this section must be physically destroyed or obliterated by

28  any criminal justice agency having custody of such record;

29  except that any criminal history record in the custody of the

30  department must be retained in all cases. A criminal history

31  record ordered expunged that is retained by the department is

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 1  confidential and exempt from the provisions of s. 119.07(1)

 2  and s. 24(a), Art. I of the State Constitution and not

 3  available to any person or entity except upon order of a court

 4  of competent jurisdiction. A criminal justice agency may

 5  retain a notation indicating compliance with an order to

 6  expunge.

 7         (a)  The person who is the subject of a criminal

 8  history record that is expunged under this section or under

 9  other provisions of law, including former s. 893.14, former s.

10  901.33, and former s. 943.058, may lawfully deny or fail to

11  acknowledge the arrests covered by the expunged record, except

12  when the subject of the record:

13         1.  Is a candidate for employment with a criminal

14  justice agency;

15         2.  Is a defendant in a criminal prosecution;

16         3.  Concurrently or subsequently petitions for relief

17  under this section or s. 943.059;

18         4.  Is a candidate for admission to The Florida Bar;

19         5.  Is seeking to be employed or licensed by or to

20  contract with the Department of Children and Family Services

21  or the Department of Juvenile Justice or to be employed or

22  used by such contractor or licensee in a sensitive position

23  having direct contact with children, the developmentally

24  disabled, the aged, or the elderly as provided in s.

25  110.1127(3), s. 393.063, s. 394.4572(1), s. 397.451, s.

26  402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4), s.

27  916.106(10) and (13), s. 985.407, or chapter 400; or

28         6.  Is seeking to be employed or licensed by the

29  Department of Education, any district school board, any

30  university laboratory school, any charter school, any private

31  

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 1  or parochial school, or any local governmental entity that

 2  licenses child care facilities; or.

 3         7.  Is seeking authorization from a Florida seaport

 4  identified in s. 311.09 for employment within or access to one

 5  or more of such seaports, pursuant to s. 311.12 or s. 311.125.

 6         (b)  Subject to the exceptions in paragraph (a), a

 7  person who has been granted an expunction under this section,

 8  former s. 893.14, former s. 901.33, or former s. 943.058 may

 9  not be held under any provision of law of this state to commit

10  perjury or to be otherwise liable for giving a false statement

11  by reason of such person's failure to recite or acknowledge an

12  expunged criminal history record.

13         (c)  Information relating to the existence of an

14  expunged criminal history record which is provided in

15  accordance with paragraph (a) is confidential and exempt from

16  the provisions of s. 119.07(1) and s. 24(a), Art. I of the

17  State Constitution, except that the department shall disclose

18  the existence of a criminal history record ordered expunged to

19  the entities set forth in subparagraphs (a)1., 4., 5., and 6.,

20  and 7. for their respective licensing, access authorization,

21  and employment purposes, and to criminal justice agencies for

22  their respective criminal justice purposes. It is unlawful for

23  any employee of an entity set forth in subparagraph (a)1.,

24  subparagraph (a)4., subparagraph (a)5., or subparagraph (a)6.,

25  or subparagraph (a)7. to disclose information relating to the

26  existence of an expunged criminal history record of a person

27  seeking employment, access authorization, or licensure with

28  such entity or contractor, except to the person to whom the

29  criminal history record relates or to persons having direct

30  responsibility for employment, access authorization, or

31  licensure decisions. Any person who violates this paragraph

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 1  commits a misdemeanor of the first degree, punishable as

 2  provided in s. 775.082 or s. 775.083.

 3         (5)  STATUTORY REFERENCES.--Any reference to any other

 4  chapter, section, or subdivision of the Florida Statutes in

 5  this section constitutes a general reference under the

 6  doctrine of incorporation by reference.

 7         Section 11.  Section 943.059, Florida Statutes, is

 8  amended to read:

 9         943.059  Court-ordered sealing of criminal history

10  records.--The courts of this state shall continue to have

11  jurisdiction over their own procedures, including the

12  maintenance, sealing, and correction of judicial records

13  containing criminal history information to the extent such

14  procedures are not inconsistent with the conditions,

15  responsibilities, and duties established by this section. Any

16  court of competent jurisdiction may order a criminal justice

17  agency to seal the criminal history record of a minor or an

18  adult who complies with the requirements of this section. The

19  court shall not order a criminal justice agency to seal a

20  criminal history record until the person seeking to seal a

21  criminal history record has applied for and received a

22  certificate of eligibility for sealing pursuant to subsection

23  (2). A criminal history record that relates to a violation of

24  s. 393.135, s. 394.4593, s. 787.025, chapter 794, s. 796.03,

25  s. 800.04, s. 810.14, s. 817.034, s. 825.1025, s. 827.071,

26  chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s.

27  893.135, s. 916.1075, or a violation enumerated in s. 907.041,

28  or any violation specified as a predicate offense for

29  registration as a sexual predator pursuant to s. 775.21,

30  without regard to whether that offense alone is sufficient to

31  require such registration, or as a sexual offender pursuant to

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 1  s. 943.0435, may not be sealed, without regard to whether

 2  adjudication was withheld, if the defendant was found guilty

 3  of or pled guilty or nolo contendere to the offense, or if the

 4  defendant, as a minor, was found to have committed or pled

 5  guilty or nolo contendere to committing the offense as a

 6  delinquent act. The court may only order sealing of a criminal

 7  history record pertaining to one arrest or one incident of

 8  alleged criminal activity, except as provided in this section.

 9  The court may, at its sole discretion, order the sealing of a

10  criminal history record pertaining to more than one arrest if

11  the additional arrests directly relate to the original arrest.

12  If the court intends to order the sealing of records

13  pertaining to such additional arrests, such intent must be

14  specified in the order. A criminal justice agency may not seal

15  any record pertaining to such additional arrests if the order

16  to seal does not articulate the intention of the court to seal

17  records pertaining to more than one arrest. This section does

18  not prevent the court from ordering the sealing of only a

19  portion of a criminal history record pertaining to one arrest

20  or one incident of alleged criminal activity. Notwithstanding

21  any law to the contrary, a criminal justice agency may comply

22  with laws, court orders, and official requests of other

23  jurisdictions relating to sealing, correction, or confidential

24  handling of criminal history records or information derived

25  therefrom. This section does not confer any right to the

26  sealing of any criminal history record, and any request for

27  sealing a criminal history record may be denied at the sole

28  discretion of the court.

29         (1)  PETITION TO SEAL A CRIMINAL HISTORY RECORD.--Each

30  petition to a court to seal a criminal history record is

31  complete only when accompanied by:

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 1         (a)  A valid certificate of eligibility for sealing

 2  issued by the department pursuant to subsection (2).

 3         (b)  The petitioner's sworn statement attesting that

 4  the petitioner:

 5         1.  Has never, prior to the date on which the petition

 6  is filed, been adjudicated guilty of a criminal offense or

 7  comparable ordinance violation or been adjudicated delinquent

 8  for committing a felony or a misdemeanor specified in s.

 9  943.051(3)(b).

10         2.  Has not been adjudicated guilty of or adjudicated

11  delinquent for committing any of the acts stemming from the

12  arrest or alleged criminal activity to which the petition to

13  seal pertains.

14         3.  Has never secured a prior sealing or expunction of

15  a criminal history record under this section, former s.

16  893.14, former s. 901.33, former s. 943.058, or from any

17  jurisdiction outside the state.

18         4.  Is eligible for such a sealing to the best of his

19  or her knowledge or belief and does not have any other

20  petition to seal or any petition to expunge pending before any

21  court.

22  

23  Any person who knowingly provides false information on such

24  sworn statement to the court commits a felony of the third

25  degree, punishable as provided in s. 775.082, s. 775.083, or

26  s. 775.084.

27         (2)  CERTIFICATE OF ELIGIBILITY FOR SEALING.--Prior to

28  petitioning the court to seal a criminal history record, a

29  person seeking to seal a criminal history record shall apply

30  to the department for a certificate of eligibility for

31  sealing. A certificate of eligibility for sealing is valid for

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 1  12 months after the date stamped on the certificate when

 2  issued by the Department of Law Enforcement. After that time,

 3  the petitioner must reapply to the department for a new

 4  certificate of eligibility. Eligibility for a renewed

 5  certification of eligibility must be based on the status of

 6  the applicant and the law in effect at the time of the most

 7  recent application. The department shall, by rule adopted

 8  pursuant to chapter 120, establish procedures pertaining to

 9  the application for and issuance of certificates of

10  eligibility for sealing. The department shall issue a

11  certificate of eligibility for sealing to a person who is the

12  subject of a criminal history record provided that such

13  person:

14         (a)  Has submitted to the department a certified copy

15  of the disposition of the charge to which the petition to seal

16  pertains.

17         (b)  Remits a $75 processing fee to the department for

18  placement in the Department of Law Enforcement Operating Trust

19  Fund, unless such fee is waived by the executive director.

20         (c)  Has never, prior to the date on which the

21  application for a certificate of eligibility is filed, been

22  adjudicated guilty of a criminal offense or comparable

23  ordinance violation or been adjudicated delinquent for

24  committing a felony or a misdemeanor specified in s.

25  943.051(3)(b).

26         (d)  Has not been adjudicated guilty of or adjudicated

27  delinquent for committing any of the acts stemming from the

28  arrest or alleged criminal activity to which the petition to

29  seal pertains.

30  

31  

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 1         (e)  Has never secured a prior sealing or expunction of

 2  a criminal history record under this section, former s.

 3  893.14, former s. 901.33, or former s. 943.058.

 4         (f)  Is no longer under court supervision applicable to

 5  the disposition of the arrest or alleged criminal activity to

 6  which the petition to seal pertains.

 7         (3)  PROCESSING OF A PETITION OR ORDER TO SEAL.--

 8         (a)  In judicial proceedings under this section, a copy

 9  of the completed petition to seal shall be served upon the

10  appropriate state attorney or the statewide prosecutor and

11  upon the arresting agency; however, it is not necessary to

12  make any agency other than the state a party. The appropriate

13  state attorney or the statewide prosecutor and the arresting

14  agency may respond to the court regarding the completed

15  petition to seal.

16         (b)  If relief is granted by the court, the clerk of

17  the court shall certify copies of the order to the appropriate

18  state attorney or the statewide prosecutor and to the

19  arresting agency. The arresting agency is responsible for

20  forwarding the order to any other agency to which the

21  arresting agency disseminated the criminal history record

22  information to which the order pertains. The department shall

23  forward the order to seal to the Federal Bureau of

24  Investigation. The clerk of the court shall certify a copy of

25  the order to any other agency which the records of the court

26  reflect has received the criminal history record from the

27  court.

28         (c)  For an order to seal entered by a court prior to

29  July 1, 1992, the department shall notify the appropriate

30  state attorney or statewide prosecutor of any order to seal

31  which is contrary to law because the person who is the subject

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 1  of the record has previously been convicted of a crime or

 2  comparable ordinance violation or has had a prior criminal

 3  history record sealed or expunged. Upon receipt of such

 4  notice, the appropriate state attorney or statewide prosecutor

 5  shall take action, within 60 days, to correct the record and

 6  petition the court to void the order to seal. The department

 7  shall seal the record until such time as the order is voided

 8  by the court.

 9         (d)  On or after July 1, 1992, the department or any

10  other criminal justice agency is not required to act on an

11  order to seal entered by a court when such order does not

12  comply with the requirements of this section. Upon receipt of

13  such an order, the department must notify the issuing court,

14  the appropriate state attorney or statewide prosecutor, the

15  petitioner or the petitioner's attorney, and the arresting

16  agency of the reason for noncompliance. The appropriate state

17  attorney or statewide prosecutor shall take action within 60

18  days to correct the record and petition the court to void the

19  order. No cause of action, including contempt of court, shall

20  arise against any criminal justice agency for failure to

21  comply with an order to seal when the petitioner for such

22  order failed to obtain the certificate of eligibility as

23  required by this section or when such order does not comply

24  with the requirements of this section.

25         (e)  An order sealing a criminal history record

26  pursuant to this section does not require that such record be

27  surrendered to the court, and such record shall continue to be

28  maintained by the department and other criminal justice

29  agencies.

30         (4)  EFFECT OF CRIMINAL HISTORY RECORD SEALING.--A

31  criminal history record of a minor or an adult which is

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 1  ordered sealed by a court of competent jurisdiction pursuant

 2  to this section is confidential and exempt from the provisions

 3  of s. 119.07(1) and s. 24(a), Art. I of the State Constitution

 4  and is available only to the person who is the subject of the

 5  record, to the subject's attorney, to criminal justice

 6  agencies for their respective criminal justice purposes, which

 7  include conducting a criminal history background check for

 8  approval of firearms purchases or transfers as authorized by

 9  state or federal law, or to those entities set forth in

10  subparagraphs (a)1., 4., 5., and 6., and 8. for their

11  respective licensing, access authorization, and employment

12  purposes.

13         (a)  The subject of a criminal history record sealed

14  under this section or under other provisions of law, including

15  former s. 893.14, former s. 901.33, and former s. 943.058, may

16  lawfully deny or fail to acknowledge the arrests covered by

17  the sealed record, except when the subject of the record:

18         1.  Is a candidate for employment with a criminal

19  justice agency;

20         2.  Is a defendant in a criminal prosecution;

21         3.  Concurrently or subsequently petitions for relief

22  under this section or s. 943.0585;

23         4.  Is a candidate for admission to The Florida Bar;

24         5.  Is seeking to be employed or licensed by or to

25  contract with the Department of Children and Family Services

26  or the Department of Juvenile Justice or to be employed or

27  used by such contractor or licensee in a sensitive position

28  having direct contact with children, the developmentally

29  disabled, the aged, or the elderly as provided in s.

30  110.1127(3), s. 393.063, s. 394.4572(1), s. 397.451, s.

31  402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4), s.

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 1  415.103, s. 916.106(10) and (13), s. 985.407, or chapter 400;

 2  or

 3         6.  Is seeking to be employed or licensed by the

 4  Department of Education, any district school board, any

 5  university laboratory school, any charter school, any private

 6  or parochial school, or any local governmental entity that

 7  licenses child care facilities;.

 8         7.  Is attempting to purchase a firearm from a licensed

 9  importer, licensed manufacturer, or licensed dealer and is

10  subject to a criminal history background check under state or

11  federal law; or

12         8.  Is seeking authorization from a Florida seaport

13  identified in s. 311.09 for employment within or access to one

14  or more of such seaports, pursuant to s. 311.12 or s. 311.125.

15         (b)  Subject to the exceptions in paragraph (a), a

16  person who has been granted a sealing under this section,

17  former s. 893.14, former s. 901.33, or former s. 943.058 may

18  not be held under any provision of law of this state to commit

19  perjury or to be otherwise liable for giving a false statement

20  by reason of such person's failure to recite or acknowledge a

21  sealed criminal history record.

22         (c)  Information relating to the existence of a sealed

23  criminal record provided in accordance with the provisions of

24  paragraph (a) is confidential and exempt from the provisions

25  of s. 119.07(1) and s. 24(a), Art. I of the State

26  Constitution, except that the department shall disclose the

27  sealed criminal history record to the entities set forth in

28  subparagraphs (a)1., 4., 5., and 6., and 8. for their

29  respective licensing, access authorization, and employment

30  purposes. It is unlawful for any employee of an entity set

31  forth in subparagraph (a)1., subparagraph (a)4., subparagraph

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 1  (a)5., or subparagraph (a)6., or subparagraph (a)8. to

 2  disclose information relating to the existence of a sealed

 3  criminal history record of a person seeking employment, access

 4  authorization, or licensure with such entity or contractor,

 5  except to the person to whom the criminal history record

 6  relates or to persons having direct responsibility for

 7  employment, access authorization, or licensure decisions. Any

 8  person who violates the provisions of this paragraph commits a

 9  misdemeanor of the first degree, punishable as provided in s.

10  775.082 or s. 775.083.

11         (5)  STATUTORY REFERENCES.--Any reference to any other

12  chapter, section, or subdivision of the Florida Statutes in

13  this section constitutes a general reference under the

14  doctrine of incorporation by reference.

15         Section 12.  Subsection (5) of section 943.13, Florida

16  Statutes, is amended to read:

17         943.13  Officers' minimum qualifications for employment

18  or appointment.--On or after October 1, 1984, any person

19  employed or appointed as a full-time, part-time, or auxiliary

20  law enforcement officer or correctional officer; on or after

21  October 1, 1986, any person employed as a full-time,

22  part-time, or auxiliary correctional probation officer; and on

23  or after October 1, 1986, any person employed as a full-time,

24  part-time, or auxiliary correctional officer by a private

25  entity under contract to the Department of Corrections, to a

26  county commission, or to the Department of Management Services

27  shall:

28         (5)  Have documentation of his or her processed

29  fingerprints on file with the employing agency or, if a

30  private correctional officer, have documentation of his or her

31  processed fingerprints on file with the Department of

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 1  Corrections or the Criminal Justice Standards and Training

 2  Commission. If administrative delays are caused by the

 3  department or the Federal Bureau of Investigation and the

 4  person has complied with subsections (1)-(4) and (6)-(9), he

 5  or she may be employed or appointed for a period not to exceed

 6  1 calendar year from the date he or she was employed or

 7  appointed or until return of the processed fingerprints

 8  documenting noncompliance with subsections (1)-(4) or

 9  subsection (7), whichever occurs first. Beginning December 15,

10  2007, the department shall retain and enter into the statewide

11  automated fingerprint identification system authorized by s.

12  943.05 all fingerprints submitted to the department as

13  required by this section. Thereafter, the fingerprints shall

14  be available for all purposes and uses authorized for arrest

15  fingerprint cards entered in the statewide automated

16  fingerprint identification system pursuant to s. 943.051. The

17  department shall search all arrest fingerprints cards received

18  pursuant to s. 943.051 against the fingerprints retained in

19  the statewide automated fingerprint identification system

20  pursuant to this section and report to the employing agency

21  any arrest records that are identified with the retained

22  employee's fingerprints. By January 1, 2008, a person who must

23  meet the minimum qualifications provided in this section and

24  whose fingerprints are not retained by the department pursuant

25  to this section must be refingerprinted. These fingerprints

26  must be forwarded to the department for processing and

27  retention.

28         Section 13.  Section 943.1715, Florida Statutes, is

29  amended to read:

30         943.1715  Basic skills training relating to diverse

31  populations.--The commission shall establish and maintain

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 1  standards for instruction of officers in the subject of

 2  interpersonal skills relating to diverse populations, with an

 3  emphasis on the awareness of cultural differences. Every basic

 4  skills course required in order for officers to obtain initial

 5  certification must include a minimum of 8 hours training in

 6  interpersonal skills with diverse populations.

 7         Section 14.  Section 943.1716, Florida Statutes, is

 8  amended to read:

 9         943.1716  Continued employment training relating to

10  diverse populations.--The commission shall by rule require

11  that each officer receive, as part of the 40 hours of required

12  instruction for continued employment or appointment as an

13  officer, 8 hours of instruction in the subject of

14  interpersonal skills relating to diverse populations, with an

15  emphasis on the awareness of cultural differences.

16         Section 15.  Section 943.2569, Florida Statutes, is

17  repealed.

18         Section 16.  Section 943.257, Florida Statutes, is

19  amended to read:

20         943.257  Independent audit documentation subject to

21  inspection.--The Criminal Justice Standards and Training

22  Commission or a center's advisory board may inspect and copy

23  any documents from the center as required to carry out the

24  commission's or the respective board's oversight

25  responsibilities, including information and documents related

26  to applicant evaluations and center expenditures. The

27  commission or board may inspect and copy the documentation of

28  any internal or independent audits conducted by or on behalf

29  of the centers to ensure that candidate and inservice officer

30  assessments have been made and that expenditures are in

31  

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 1  conformance with the requirements of this act and with other

 2  applicable procedures.

 3         Section 17.  Subsections (1) and (3) of section

 4  943.401, Florida Statutes, are amended to read:

 5         943.401  Public assistance fraud.--

 6         (1)(a)  The Department of Law Enforcement shall

 7  investigate all public assistance provided to residents of the

 8  state or provided to others by the state made under the

 9  provisions of chapter 409 or chapter 414. In the course of

10  such investigation the Department of Law Enforcement shall

11  examine all records, including electronic benefits transfer

12  records and make inquiry of all persons who may have knowledge

13  as to any irregularity incidental to the disbursement of

14  public moneys, food stamps, or other items or benefits

15  authorizations to recipients.

16         (b)  All public assistance recipients, as a condition

17  precedent to qualification for public assistance under the

18  provisions of chapter 409 or chapter 414, shall first give in

19  writing, to the Agency for Health Care Administration, the

20  Department of Health, the Agency for Workforce Innovation, and

21  the Department of Children and Family Services, as

22  appropriate, and to the Department of Law Enforcement, consent

23  to make inquiry of past or present employers and records,

24  financial or otherwise.

25         (3)  The results of such investigation shall be

26  reported by the Department of Law Enforcement to the

27  appropriate legislative committees, the Agency for Health Care

28  Administration, the Department of Health, the Agency for

29  Workforce Innovation, and the Department of Children and

30  Family Services, and to such others as the Department of Law

31  Enforcement may determine.

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 1         Section 18.  Authority to purchase goodwill and

 2  promotional materials.--

 3         (1)  The Legislature recognizes that the Department of

 4  Law Enforcement functions as one of the state's primary law

 5  enforcement representatives in national and international

 6  meetings, conferences, and cooperative efforts. The department

 7  often hosts delegates from other federal, state, local, and

 8  international agencies and is in a position to function as a

 9  representative of the state fostering goodwill and effective

10  interagency working relationships. It is the intent of the

11  Legislature that the department be allowed, consistent with

12  the dignity and integrity of the state, to purchase and

13  distribute material and items of collection to those with whom

14  the department has contact in meetings, conferences, and

15  cooperative efforts.

16         (2)  In addition to expenditures separately authorized

17  by law, the department may expend not more than $5,000

18  annually to purchase and distribute promotional materials or

19  items that serve to advance with dignity and integrity the

20  goodwill of this state and the department and to provide basic

21  refreshments at official functions, seminars, or meetings of

22  the department in which dignitaries or representatives from

23  the Federal Government, other states or nationalities, or

24  other agencies are in attendance.

25         Section 19.  Unauthorized use of Department of Law

26  Enforcement emblems or names prohibited.--

27         (1)  Whoever, except with the written permission of the

28  executive director of the Department of Law Enforcement or as

29  otherwise expressly authorized by the department, knowingly

30  uses the words "Florida Department of Law Enforcement," the

31  initials "F.D.L.E." or "FDLE," or the words "Florida Capitol

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 1  Police," or any colorable imitation of such words or initials,

 2  or who uses a logo or emblem used by the department in

 3  connection with any advertisement, circular, book, pamphlet,

 4  or other publication, play, motion picture, broadcast,

 5  telecast, or other production, in any Internet web page or

 6  upon any product in a manner reasonably calculated to convey

 7  the impression that such advertisement, circular, book,

 8  pamphlet, or other publication, play, motion picture,

 9  broadcast, telecast, or other production, Internet web page,

10  or product is approved, endorsed, or authorized by the

11  department commits a misdemeanor of the first degree,

12  punishable as provided in s. 775.082 or s. 775.083, Florida

13  Statutes.

14         (2)  A violation of this section may be enjoined upon

15  suit by the department or the Department of Legal Affairs upon

16  complaint filed in any court of competent jurisdiction.

17         Section 20.  Except as otherwise expressly provided in

18  this act, this act shall take effect July 1, 2006.

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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 1            *****************************************

 2                          SENATE SUMMARY

 3    Revises provisions relating to the Department of Law
      Enforcement. Revises records requirements relating to
 4    firearm purchases. Requires maintenance of an automated
      database of persons prohibited from purchasing firearms.
 5    Establishes reporting requirements for clerks of the
      court, provides for the deletion of records from the
 6    database, and authorizes the department to disclose data
      to specified agencies. Increases the time that protective
 7    services can be provided to certain witnesses or victims.
      Expands the type of offenses that cannot be sealed or
 8    expunged. Provides civil immunity for damages when an
      agency responds to a request to provide information
 9    relating to a missing child. Requires a portion of
      certain court costs imposed for driving or boating under
10    the influence be deposited in the department's Operating
      Trust Fund. Provides for certain costs to be deposited
11    into the Forfeiture and Investigative Trust Fund.
      Provides for the department to retain certain
12    fingerprints. Requires the department to make certain
      information available to judges. Limits the use of
13    certain information. Provides for criminal history
      background checks of specified employees. Revises certain
14    provisions relating to the expunction of criminal
      records. Specifies certain offenses that may not be
15    sealed. Provides requirements relating to the records of
      persons working at seaports. Revises training
16    requirements for certain law enforcement officers.
      Deletes certain audit requirements. Revises oversight
17    requirements. Prohibits the unauthorized use of certain
      department emblems and names. (See bill for details.)
18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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