Florida Senate - 2008 (Reformatted) SB 250

By Senator Wilson

33-00073-08 2008250__

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A bill to be entitled

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An act relating to criminal records; amending s. 943.0515,

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F.S.; requiring the Department of Law Enforcement to

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notify certain specified agencies of the criminal records

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of a minor which are expunged; requiring the arresting

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agency, the county, and the department to notify those

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entities that received the criminal records information;

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requiring that criminal history records that are to be

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expunged be physically destroyed or obliterated by the

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criminal justice agency having physical custody of the

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records; amending s. 943.0585, F.S.; prohibiting certain

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criminal records from being expunged; providing that other

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records may be expunged under certain circumstances;

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providing that certain information be included in the

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application for a certificate of eligibility for

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expunction; prohibiting an agency, organization, or

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company to which criminal history information was

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disseminated from releasing the expunged information after

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a specified period; amending s. 943.059, F.S.; prohibiting

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certain criminal records from being sealed; providing that

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other records may be sealed under certain circumstances;

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requiring that certain information be included in the

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application for a certificate of eligibility for sealing;

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prohibiting an agency, organization, or company to which

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criminal history information was disseminated from

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releasing the sealed information after a specified period;

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amending s. 943.0582, F.S.; conforming a cross-reference;

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providing an effective date.

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

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     Section 1.  Present subsection (3) of section 943.0515,

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Florida Statutes, is redesignated as subsection (5), and new

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subsections (3) and (4) are added to that section, to read:

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     943.0515  Retention of criminal history records of minors.--

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     (3) The department shall notify the appropriate clerk of

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the court, the state attorney or statewide prosecutor, the

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county, and the arresting agency of any criminal history record

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that is expunged under this section. The arresting agency shall

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send the department's notification to any other agency to which

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the arresting agency disseminated the criminal history record

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information and to which the order pertains. The county shall

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send the department's notification to any agency, organization,

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or company to which the county disseminated the criminal history

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information and to which the order pertains. The department shall

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send the notification of expungement to the Federal Bureau of

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

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department's notification to any other agency that has received

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the criminal history record, as reflected in the records of the

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court.

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     (4) Any criminal history record that is expunged by the

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department under this section must be physically destroyed or

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obliterated by any criminal justice agency that has custody of

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the record, except that a criminal history record in the custody

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of the department must be retained in all cases.

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     Section 2.  Section 943.0585, Florida Statutes, is amended

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to read:

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     943.0585  Court-ordered expunction of criminal history

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

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own procedures, including the maintenance, expunction, and

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correction of judicial records containing criminal history

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information to the extent such procedures are not inconsistent

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with the conditions, responsibilities, and duties established by

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this section. Any court of competent jurisdiction may order a

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criminal justice agency to expunge the criminal history record of

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a minor or an adult who complies with the requirements of this

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section. The court shall not order a criminal justice agency to

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expunge a criminal history record until the person seeking to

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expunge a criminal history record has applied for and received a

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certificate of eligibility for expunction pursuant to subsection

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(3) (2).

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     (1) PROHIBITION AGAINST EXPUNGING CERTAIN RECORDS.-- A

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criminal history record that relates to a violation of s.

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

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

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839, s. 847.0133, s. 847.0135, s. 847.0145, s. 893.135, s.

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916.1075, a violation enumerated in s. 907.041, or any violation

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specified as a predicate offense for registration as a sexual

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predator pursuant to s. 775.21, without regard to whether that

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offense alone is sufficient to require such registration, or for

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registration as a sexual offender pursuant to s. 943.0435, may

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not be expunged, without regard to whether adjudication was

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withheld, if the defendant was found guilty of or pled guilty or

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

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

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committing, the offense as a delinquent act even if the

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adjudication was withheld. The prohibition applies only to cases

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in which the defendant, including a minor, was found guilty of or

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pled guilty or nolo contendere to the offense. In all other

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instances involving the enumerated offenses in this subsection,

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the record may be expunged if an indictment, information, or

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other charging document was not filed or issued in the case or,

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if filed or issued in the case, was dismissed or nolle prosequi

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by the state attorney or statewide prosecutor or was dismissed by

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a court of competent jurisdiction, or the person was found not

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guilty or acquitted by a judge or jury. The court may only order

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expunction of a criminal history record pertaining to one arrest

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or one incident of alleged criminal activity, except as provided

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in this section. The court may, at its sole discretion, order the

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expunction of a criminal history record pertaining to more than

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one arrest if the additional arrests directly relate to the

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original arrest. If the court intends to order the expunction of

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records pertaining to such additional arrests, such intent must

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be specified in the order. A criminal justice agency may not

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expunge any record pertaining to such additional arrests if the

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order to expunge does not articulate the intention of the court

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to expunge a record pertaining to more than one arrest. This

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section does not prevent the court from ordering the expunction

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of only a portion of a criminal history record pertaining to one

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arrest or one incident of alleged criminal activity.

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Notwithstanding any law to the contrary, a criminal justice

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agency may comply with laws, court orders, and official requests

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of other jurisdictions relating to expunction, correction, or

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confidential handling of criminal history records or information

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

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expunction of any criminal history record, and any request for

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expunction of a criminal history record may be denied at the sole

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discretion of the court.

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     (2)(1) PETITION TO EXPUNGE A CRIMINAL HISTORY RECORD.--Each

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petition to a court to expunge a criminal history record is

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complete only when accompanied by:

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     (a)  A valid certificate of eligibility for expunction

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issued by the department pursuant to subsection (2).

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

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petitioner:

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

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filed, been adjudicated guilty of a criminal offense or

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comparable ordinance violation, or been adjudicated delinquent

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for committing any felony or a misdemeanor specified in s.

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943.051(3)(b).

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     2.  Has not been adjudicated guilty of, or adjudicated

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delinquent for committing, any of the acts stemming from the

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arrest or alleged criminal activity to which the petition

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pertains.

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     3. Except as otherwise provided in this section, has never

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secured a prior sealing or expunction of a criminal history

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

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former s. 943.058, or from any jurisdiction outside the state,

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unless expunction is sought of a criminal history record

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

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the record is otherwise eligible for expunction.

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

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her knowledge or belief and does not have any other petition to

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expunge or any petition to seal pending before any court.

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Any person who knowingly provides false information on such sworn

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statement to the court commits a felony of the third degree,

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punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

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     (3)(2) CERTIFICATE OF ELIGIBILITY FOR EXPUNCTION.--Before

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Prior to petitioning the court to expunge a criminal history

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record, a person seeking to expunge a criminal history record

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shall apply to the department for a certificate of eligibility

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

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chapter 120, establish procedures pertaining to the application

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for and issuance of certificates of eligibility for expunction. A

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certificate of eligibility for expunction is valid for 12 months

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after the date stamped on the certificate when issued by the

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department. After that time, the petitioner must reapply to the

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department for a new certificate of eligibility. Eligibility for

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a renewed certification of eligibility must be based on the

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status of the applicant and the law in effect at the time of the

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renewal application. The department shall issue a certificate of

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

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criminal history record if that person:

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

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written, certified statement from the appropriate state attorney

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or statewide prosecutor which indicates:

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     1.  That an indictment, information, or other charging

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document was not filed or issued in the case.

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     2.  That an indictment, information, or other charging

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

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prosequi by the state attorney or statewide prosecutor, or was

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dismissed by a court of competent jurisdiction, or that the

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person was found not guilty or acquitted by a judge or jury, and

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that none of the charges related to the arrest or alleged

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criminal activity to which the petition to expunge pertains

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

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trial was other than an adjudication of guilt.

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

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violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794, s.

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

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

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

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any violation specified as a predicate offense for registration

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as a sexual predator pursuant to s. 775.21, without regard to

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whether that offense alone is sufficient to require such

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registration, or for registration as a sexual offender pursuant

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to s. 943.0435, where the defendant was found guilty of, or pled

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guilty or nolo contendere to any such offense, or that the

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

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guilty or nolo contendere to committing, such an offense as a

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delinquent act, without regard to whether adjudication was

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withheld.

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

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placement in the Department of Law Enforcement Operating Trust

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

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

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disposition of the charge to which the petition to expunge

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pertains.

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

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for a certificate of eligibility is filed, been adjudicated

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guilty of a criminal offense or comparable ordinance violation,

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or been adjudicated delinquent for committing any felony or a

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misdemeanor specified in s. 943.051(3)(b).

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

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delinquent for committing, any of the acts stemming from the

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arrest or alleged criminal activity to which the petition to

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expunge pertains.

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

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criminal history record under this section, former s. 893.14,

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former s. 901.33, or former s. 943.058 involving an offense for

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which the defendant had been found guilty or pled guilty or nolo

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contendere, unless expunction is sought of a criminal history

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record previously sealed for 10 years pursuant to paragraph (h)

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and the record is otherwise eligible for expunction.

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

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disposition of the arrest or alleged criminal activity to which

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the petition to expunge pertains.

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     (h)  Has previously obtained a court order sealing the

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

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former s. 943.058 for a minimum of 10 years because adjudication

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was withheld or because all charges related to the arrest or

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alleged criminal activity to which the petition to expunge

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pertains were not dismissed prior to trial, without regard to

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whether the outcome of the trial was other than an adjudication

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of guilt. The requirement for the record to have previously been

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sealed for a minimum of 10 years does not apply when a plea was

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not entered or all charges related to the arrest or alleged

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criminal activity to which the petition to expunge pertains were

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dismissed prior to trial.

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

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

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the completed petition to expunge shall be served upon the

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appropriate state attorney or the statewide prosecutor and upon

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the arresting agency; however, it is not necessary to make any

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agency other than the state a party. The appropriate state

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attorney or the statewide prosecutor and the arresting agency may

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respond to the court regarding the completed petition to expunge.

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

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court shall certify copies of the order to the appropriate state

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attorney or the statewide prosecutor, the county, and the

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arresting agency. The arresting agency is responsible for

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forwarding the order to any other agency to which the arresting

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agency disseminated the criminal history record information to

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which the order pertains. The county is responsible for

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forwarding the order to any agency, organization, or company to

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which the county disseminated the criminal history information to

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which the order pertains. The department shall forward the order

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

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

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which the records of the court reflect has received the criminal

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history record from the court.

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

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

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attorney or statewide prosecutor of an order to expunge which is

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contrary to law because the person who is the subject of the

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record has previously been convicted of a crime or comparable

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ordinance violation or has had a prior criminal history record

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sealed or expunged. Upon receipt of such notice, the appropriate

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state attorney or statewide prosecutor shall take action, within

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60 days, to correct the record and petition the court to void the

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order to expunge. The department shall seal the record until such

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time as the order is voided by the court.

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

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criminal justice agency is not required to act on an order to

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expunge entered by a court when such order does not comply with

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the requirements of this section. Upon receipt of such an order,

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the department must notify the issuing court, the appropriate

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state attorney or statewide prosecutor, the petitioner or the

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petitioner's attorney, and the arresting agency of the reason for

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noncompliance. The appropriate state attorney or statewide

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prosecutor shall take action within 60 days to correct the record

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and petition the court to void the order. No cause of action,

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including contempt of court, shall arise against any criminal

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justice agency for failure to comply with an order to expunge

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when the petitioner for such order failed to obtain the

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certificate of eligibility as required by this section or such

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order does not otherwise comply with the requirements of this

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section.

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

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

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expunged by a court of competent jurisdiction pursuant to this

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section must be physically destroyed or obliterated by any

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criminal justice agency having custody of such record; except

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that any criminal history record in the custody of the department

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must be retained in all cases. A criminal history record ordered

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expunged that is retained by the department is confidential and

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

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of the State Constitution and not available to any person or

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entity except upon order of a court of competent jurisdiction. A

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criminal justice agency may retain a notation indicating

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compliance with an order to expunge.

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

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record that is expunged under this section or under other

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provisions of law, including former s. 893.14, former s. 901.33,

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

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the arrests covered by the expunged record, except when the

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subject of the record:

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     1.  Is a candidate for employment with a criminal justice

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agency;

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     2.  Is a defendant in a criminal prosecution;

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     3.  Concurrently or subsequently petitions for relief under

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this section or s. 943.059;

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

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

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with the Department of Children and Family Services or the

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Department of Juvenile Justice or to be employed or used by such

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contractor or licensee in a sensitive position having direct

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contact with children, the developmentally disabled, the aged, or

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the elderly as provided in s. 110.1127(3), s. 393.063, s.

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394.4572(1), s. 397.451, s. 402.302(3), s. 402.313(3), s.

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409.175(2)(i), s. 415.102(4), chapter 916, s. 985.644, chapter

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400, or chapter 429;

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

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of Education, any district school board, any university

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laboratory school, any charter school, any private or parochial

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school, or any local governmental entity that licenses child care

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facilities; or

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     7.  Is seeking authorization from a Florida seaport

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

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

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

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who has been granted an expunction under this section, former s.

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893.14, former s. 901.33, or former s. 943.058 may not be held

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under any provision of law of this state to commit perjury or to

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be otherwise liable for giving a false statement by reason of

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such person's failure to recite or acknowledge an expunged

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criminal history record.

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     (c)  Information relating to the existence of an expunged

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criminal history record which is provided in accordance with

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

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

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except that the department shall disclose the existence of a

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criminal history record ordered expunged to the entities set

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forth in subparagraphs (a)1., 4., 5., 6., and 7. for their

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respective licensing, access authorization, and employment

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purposes, and to criminal justice agencies for their respective

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criminal justice purposes. It is unlawful for any employee of an

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entity set forth in subparagraph (a)1., subparagraph (a)4.,

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subparagraph (a)5., subparagraph (a)6., or subparagraph (a)7. to

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disclose information relating to the existence of an expunged

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criminal history record of a person seeking employment, access

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authorization, or licensure with such entity or contractor,

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except to the person to whom the criminal history record relates

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or to persons having direct responsibility for employment, access

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authorization, or licensure decisions. Any person who violates

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this paragraph commits a misdemeanor of the first degree,

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punishable as provided in s. 775.082 or s. 775.083.

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     (d) An agency, organization, or company to which the

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county, department, or arresting agency disseminated the criminal

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history information and which has received the order expunging

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the record may not release the expunged information to the public

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after 30 days following the date that it receives the court order

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expunging the record.

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

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

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section constitutes a general reference under the doctrine of

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incorporation by reference.

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     Section 3.  Section 943.059, Florida Statutes, is amended to

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read:

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     943.059  Court-ordered sealing of criminal history

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

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jurisdiction over their own procedures, including the

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maintenance, sealing, and correction of judicial records

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containing criminal history information to the extent such

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procedures are not inconsistent with the conditions,

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responsibilities, and duties established by this section. Any

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court of competent jurisdiction may order a criminal justice

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

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who complies with the requirements of this section. The court

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shall not order a criminal justice agency to seal a criminal

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history record until the person seeking to seal a criminal

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history record has applied for and received a certificate of

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eligibility for sealing pursuant to subsection (3) (2).

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     (1) PROHIBITION AGAINST SEALING CERTAIN RECORDS.--A

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criminal history record that relates to a violation of s.

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

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

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839, s. 847.0133, s. 847.0135, s. 847.0145, s. 893.135, s.

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916.1075, a violation enumerated in s. 907.041, or any violation

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specified as a predicate offense for registration as a sexual

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predator pursuant to s. 775.21, without regard to whether that

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offense alone is sufficient to require such registration, or for

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registration as a sexual offender pursuant to s. 943.0435, may

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not be sealed, without regard to whether adjudication was

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withheld, if the defendant was found guilty of or pled guilty or

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

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

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committing the offense as a delinquent act even if the

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adjudication was withheld. The prohibition applies only to cases

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in which the defendant, including a minor, was found guilty of or

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pled guilty or nolo contendere to the offense. In all other

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instances involving the enumerated offenses in this subsection,

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the record may be sealed if an indictment, information, or other

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charging document was not filed or issued in the case or, if

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filed or issued in the case, was dismissed or nolle prosequi by

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the state attorney or statewide prosecutor or was dismissed by a

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court of competent jurisdiction, or the person was found not

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guilty or acquitted by a judge or jury. The court may only order

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sealing of a criminal history record pertaining to one arrest or

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one incident of alleged criminal activity, except as provided in

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this section. The court may, at its sole discretion, order the

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sealing of a criminal history record pertaining to more than one

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arrest if the additional arrests directly relate to the original

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arrest. If the court intends to order the sealing of records

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pertaining to such additional arrests, such intent must be

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

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any record pertaining to such additional arrests if the order to

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seal does not articulate the intention of the court to seal

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records pertaining to more than one arrest. This section does not

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prevent the court from ordering the sealing of only a portion of

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a criminal history record pertaining to one arrest or one

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incident of alleged criminal activity. Notwithstanding any law to

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the contrary, a criminal justice agency may comply with laws,

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court orders, and official requests of other jurisdictions

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relating to sealing, correction, or confidential handling of

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criminal history records or information derived therefrom. This

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section does not confer any right to the sealing of any criminal

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history record, and any request for sealing a criminal history

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

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

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

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only when accompanied by:

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     (a)  A valid certificate of eligibility for sealing issued

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by the department pursuant to subsection (2).

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

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petitioner:

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

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filed, been adjudicated guilty of a criminal offense or

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comparable ordinance violation, or been adjudicated delinquent

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for committing any felony or a misdemeanor specified in s.

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943.051(3)(b).

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     2.  Has not been adjudicated guilty of or adjudicated

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delinquent for committing any of the acts stemming from the

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arrest or alleged criminal activity to which the petition to seal

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pertains.

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     3. Except as otherwise provided in this section, has never

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secured a prior sealing or expunction of a criminal history

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

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former s. 943.058, or from any jurisdiction outside the state.

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

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knowledge or belief and does not have any other petition to seal

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or any petition to expunge pending before any court.

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Any person who knowingly provides false information on such sworn

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statement to the court commits a felony of the third degree,

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punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

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

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

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seeking to seal a criminal history record shall apply to the

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department for a certificate of eligibility for sealing. The

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department shall, by rule adopted pursuant to chapter 120,

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establish procedures pertaining to the application for and

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issuance of certificates of eligibility for sealing. A

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certificate of eligibility for sealing is valid for 12 months

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after the date stamped on the certificate when issued by the

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department. After that time, the petitioner must reapply to the

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department for a new certificate of eligibility. Eligibility for

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a renewed certification of eligibility must be based on the

460

status of the applicant and the law in effect at the time of the

461

renewal application. The department shall issue a certificate of

462

eligibility for sealing to a person who is the subject of a

463

criminal history record provided that such person:

464

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

465

disposition of the charge to which the petition to seal pertains.

466

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

467

placement in the Department of Law Enforcement Operating Trust

468

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

469

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

470

for a certificate of eligibility is filed, been adjudicated

471

guilty of a criminal offense or comparable ordinance violation,

472

or been adjudicated delinquent for committing any felony or a

473

misdemeanor specified in s. 943.051(3)(b).

474

     (d)  Has not been adjudicated guilty of or adjudicated

475

delinquent for committing any of the acts stemming from the

476

arrest or alleged criminal activity to which the petition to seal

477

pertains.

478

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

479

criminal history record under this section, former s. 893.14,

480

former s. 901.33, or former s. 943.058 involving an offense for

481

which the defendant had been found guilty or pled guilty or nolo

482

contendere.

483

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

484

disposition of the arrest or alleged criminal activity to which

485

the petition to seal pertains.

486

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

487

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

488

the completed petition to seal shall be served upon the

489

appropriate state attorney or the statewide prosecutor and upon

490

the arresting agency; however, it is not necessary to make any

491

agency other than the state a party. The appropriate state

492

attorney or the statewide prosecutor and the arresting agency may

493

respond to the court regarding the completed petition to seal.

494

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

495

court shall certify copies of the order to the appropriate state

496

attorney or the statewide prosecutor, the county, and to the

497

arresting agency. The arresting agency is responsible for

498

forwarding the order to any other agency to which the arresting

499

agency disseminated the criminal history record information to

500

which the order pertains. The county is responsible for

501

forwarding the order to any agency, organization, or company to

502

which the county disseminated the criminal history information to

503

which the order pertains. The department shall forward the order

504

to seal to the Federal Bureau of Investigation. The clerk of the

505

court shall certify a copy of the order to any other agency which

506

the records of the court reflect has received the criminal

507

history record from the court.

508

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

509

1, 1992, the department shall notify the appropriate state

510

attorney or statewide prosecutor of any order to seal which is

511

contrary to law because the person who is the subject of the

512

record has previously been convicted of a crime or comparable

513

ordinance violation or has had a prior criminal history record

514

sealed or expunged. Upon receipt of such notice, the appropriate

515

state attorney or statewide prosecutor shall take action, within

516

60 days, to correct the record and petition the court to void the

517

order to seal. The department shall seal the record until such

518

time as the order is voided by the court.

519

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

520

criminal justice agency is not required to act on an order to

521

seal entered by a court when such order does not comply with the

522

requirements of this section. Upon receipt of such an order, the

523

department must notify the issuing court, the appropriate state

524

attorney or statewide prosecutor, the petitioner or the

525

petitioner's attorney, and the arresting agency of the reason for

526

noncompliance. The appropriate state attorney or statewide

527

prosecutor shall take action within 60 days to correct the record

528

and petition the court to void the order. No cause of action,

529

including contempt of court, shall arise against any criminal

530

justice agency for failure to comply with an order to seal when

531

the petitioner for such order failed to obtain the certificate of

532

eligibility as required by this section or when such order does

533

not comply with the requirements of this section.

534

     (e)  An order sealing a criminal history record pursuant to

535

this section does not require that such record be surrendered to

536

the court, and such record shall continue to be maintained by the

537

department and other criminal justice agencies.

538

     (f) An agency, organization, or company to which the

539

county, department, or arresting agency disseminated the criminal

540

history information and which has received the order sealing the

541

record may not release the sealed information to the public after

542

30 days following the date that it receives the court order

543

sealing the record.

544

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

545

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

546

sealed by a court of competent jurisdiction pursuant to this

547

section is confidential and exempt from the provisions of s.

548

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

549

available only to the person who is the subject of the record, to

550

the subject's attorney, to criminal justice agencies for their

551

respective criminal justice purposes, which include conducting a

552

criminal history background check for approval of firearms

553

purchases or transfers as authorized by state or federal law, or

554

to those entities set forth in subparagraphs (a)1., 4., 5., 6.,

555

and 8. for their respective licensing, access authorization, and

556

employment purposes.

557

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

558

this section or under other provisions of law, including former

559

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

560

deny or fail to acknowledge the arrests covered by the sealed

561

record, except when the subject of the record:

562

     1.  Is a candidate for employment with a criminal justice

563

agency;

564

     2.  Is a defendant in a criminal prosecution;

565

     3.  Concurrently or subsequently petitions for relief under

566

this section or s. 943.0585;

567

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

568

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

569

with the Department of Children and Family Services or the

570

Department of Juvenile Justice or to be employed or used by such

571

contractor or licensee in a sensitive position having direct

572

contact with children, the developmentally disabled, the aged, or

573

the elderly as provided in s. 110.1127(3), s. 393.063, s.

574

394.4572(1), s. 397.451, s. 402.302(3), s. 402.313(3), s.

575

409.175(2)(i), s. 415.102(4), s. 415.103, chapter 916, s.

576

985.644, chapter 400, or chapter 429;

577

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

578

of Education, any district school board, any university

579

laboratory school, any charter school, any private or parochial

580

school, or any local governmental entity that licenses child care

581

facilities;

582

     7.  Is attempting to purchase a firearm from a licensed

583

importer, licensed manufacturer, or licensed dealer and is

584

subject to a criminal history background check under state or

585

federal law; or

586

     8.  Is seeking authorization from a Florida seaport

587

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

588

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

589

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

590

who has been granted a sealing under this section, former s.

591

893.14, former s. 901.33, or former s. 943.058 may not be held

592

under any provision of law of this state to commit perjury or to

593

be otherwise liable for giving a false statement by reason of

594

such person's failure to recite or acknowledge a sealed criminal

595

history record.

596

     (c)  Information relating to the existence of a sealed

597

criminal record provided in accordance with the provisions of

598

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

599

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

600

except that the department shall disclose the sealed criminal

601

history record to the entities set forth in subparagraphs (a)1.,

602

4., 5., 6., and 8. for their respective licensing, access

603

authorization, and employment purposes. It is unlawful for any

604

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

605

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

606

subparagraph (a)8. to disclose information relating to the

607

existence of a sealed criminal history record of a person seeking

608

employment, access authorization, or licensure with such entity

609

or contractor, except to the person to whom the criminal history

610

record relates or to persons having direct responsibility for

611

employment, access authorization, or licensure decisions. Any

612

person who violates the provisions of this paragraph commits a

613

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

614

775.082 or s. 775.083.

615

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

616

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

617

section constitutes a general reference under the doctrine of

618

incorporation by reference.

619

     Section 4.  Paragraph (a) of subsection (2) of section

620

943.0582, Florida Statutes, is amended to read:

621

     943.0582  Prearrest, postarrest, or teen court diversion

622

program expunction.--

623

     (2)(a)  As used in this section, the term "expunction" has

624

the same meaning ascribed in and effect as s. 943.0585, except

625

that:

626

     1. The provisions of s. 943.0585(5)(a) s. 943.0585(4)(a) do

627

not apply, except that the criminal history record of a person

628

whose record is expunged pursuant to this section shall be made

629

available only to criminal justice agencies for the purpose of

630

determining eligibility for prearrest, postarrest, or teen court

631

diversion programs; when the record is sought as part of a

632

criminal investigation; or when the subject of the record is a

633

candidate for employment with a criminal justice agency.  For all

634

other purposes, a person whose record is expunged under this

635

section may lawfully deny or fail to acknowledge the arrest and

636

the charge covered by the expunged record.

637

     2.  Records maintained by local criminal justice agencies in

638

the county in which the arrest occurred that are eligible for

639

expunction pursuant to this section shall be sealed as the term

640

is used in s. 943.059.

641

     Section 5.  This act shall take effect July 1, 2008.

CODING: Words stricken are deletions; words underlined are additions.