| 1 | Representative Needelman offered the following: |
| 2 |
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| 3 | Amendment to Senate Amendment (206662) (with title |
| 4 | amendment) |
| 5 | Between lines 69 and 70, insert: |
| 6 | Section 4. Effective upon the effective date of HB 7089 or |
| 7 | similar legislation, if such legislation becomes law, paragraph |
| 8 | (a) of subsection (3) of section 943.053, Florida Statutes, is |
| 9 | amended to read: |
| 10 | 943.053 Dissemination of criminal justice information; |
| 11 | fees.-- |
| 12 | (3)(a)1. Criminal history information, including |
| 13 | information relating to minors, compiled by the Criminal Justice |
| 14 | Information Program from intrastate sources shall be available |
| 15 | on a priority basis to criminal justice agencies for criminal |
| 16 | justice purposes free of charge. After providing the program |
| 17 | with all known identifying information, persons in the private |
| 18 | sector and noncriminal justice agencies may be provided criminal |
| 19 | history information upon tender of fees as established in this |
| 20 | subsection and in the manner prescribed by rule of the |
| 21 | Department of Law Enforcement. Such fees are to offset the cost |
| 22 | of producing the record information, including the total cost of |
| 23 | creating, storing, maintaining, updating, retrieving, improving, |
| 24 | and providing criminal history information in a centralized, |
| 25 | automated database, including personnel, technology, and |
| 26 | infrastructure expenses. Any access to criminal history |
| 27 | information by the private sector or noncriminal justice |
| 28 | agencies as provided in this subsection shall be assessed |
| 29 | without regard to the quantity or category of criminal history |
| 30 | record information requested. Fees may be waived or reduced by |
| 31 | the executive director of the Department of Law Enforcement for |
| 32 | good cause shown. |
| 33 | 3. The subject of a criminal history record which is |
| 34 | confidential and exempt from s. 119.07(1) and s. 24(a), Art. I |
| 35 | of the State Constitution under subparagraph 2. when he or she |
| 36 | attains the age of 18 years may thereafter lawfully deny or fail |
| 37 | to acknowledge the arrests and dispositions covered by the |
| 38 | confidentiality and exemption, except when the subject of the |
| 39 | record: |
| 40 | a. Is a candidate for employment with a criminal justice |
| 41 | agency; |
| 42 | b. Is a defendant in a criminal prosecution; |
| 43 | c. Petitions for expunction or sealing under s. 943.0585 |
| 44 | or s. 943.059; |
| 45 | d. Is a candidate for admission to The Florida Bar; |
| 46 | e. Is seeking to be employed or licensed by or to contract |
| 47 | with the Department of Children and Family Services or the |
| 48 | Department of Juvenile Justice or to be employed or used by a |
| 49 | contractor or licensee of either department in a sensitive |
| 50 | position having direct contact with children, the |
| 51 | developmentally disabled, the aged, or the elderly as provided |
| 52 | in s. 110.1127(3), s. 393.063, s. 394.4572(1), s. 397.451, s. |
| 53 | 402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4), s. |
| 54 | 415.103, chapter 916, s. 985.644, chapter 400, or chapter 429; |
| 55 | f. Is seeking to be employed or licensed by the Department |
| 56 | of Education, any district school board, any university |
| 57 | laboratory school, any charter school, any private or parochial |
| 58 | school, or any local governmental entity that licenses child |
| 59 | care facilities; |
| 60 | g. Is attempting to purchase a firearm from a licensed |
| 61 | importer, licensed manufacturer, or licensed dealer and is |
| 62 | subject to a criminal history background check under state or |
| 63 | federal law; or |
| 64 | h. Is seeking authorization from a Florida seaport |
| 65 | identified in s. 311.09 for employment within or access to one |
| 66 | or more of such seaports pursuant to s. 311.12 or s. 311.125. |
| 67 | 4. Subject to the exceptions in subparagraph 3., a person |
| 68 | whose criminal history record is confidential and exempt from s. |
| 69 | 119.07(1) and s. 24(a), Art. I of the State Constitution under |
| 70 | subparagraph 2. when he or she attains the age of 18 years may |
| 71 | not be held under any provision of law of this state to commit |
| 72 | perjury or to be otherwise liable for giving a false statement |
| 73 | by reason of such person's failure to recite or acknowledge the |
| 74 | confidential and exempt criminal history record. |
| 75 | Section 5. Paragraph (a) of subsection (4) of section |
| 76 | 943.0585, Florida Statutes, is amended to read: |
| 77 | 943.0585 Court-ordered expunction of criminal history |
| 78 | records.--The courts of this state have jurisdiction over their |
| 79 | own procedures, including the maintenance, expunction, and |
| 80 | correction of judicial records containing criminal history |
| 81 | information to the extent such procedures are not inconsistent |
| 82 | with the conditions, responsibilities, and duties established by |
| 83 | this section. Any court of competent jurisdiction may order a |
| 84 | criminal justice agency to expunge the criminal history record |
| 85 | of a minor or an adult who complies with the requirements of |
| 86 | this section. The court shall not order a criminal justice |
| 87 | agency to expunge a criminal history record until the person |
| 88 | seeking to expunge a criminal history record has applied for and |
| 89 | received a certificate of eligibility for expunction pursuant to |
| 90 | subsection (2). A criminal history record that relates to a |
| 91 | violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794, |
| 92 | s. 796.03, s. 800.04, s. 810.14, s. 817.034, s. 825.1025, s. |
| 93 | 827.071, chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s. |
| 94 | 893.135, s. 916.1075, a violation enumerated in s. 907.041, or |
| 95 | any violation specified as a predicate offense for registration |
| 96 | as a sexual predator pursuant to s. 775.21, without regard to |
| 97 | whether that offense alone is sufficient to require such |
| 98 | registration, or for registration as a sexual offender pursuant |
| 99 | to s. 943.0435, may not be expunged, without regard to whether |
| 100 | adjudication was withheld, if the defendant was found guilty of |
| 101 | or pled guilty or nolo contendere to the offense, or if the |
| 102 | defendant, as a minor, was found to have committed, or pled |
| 103 | guilty or nolo contendere to committing, the offense as a |
| 104 | delinquent act. The court may only order expunction of a |
| 105 | criminal history record pertaining to one arrest or one incident |
| 106 | of alleged criminal activity, except as provided in this |
| 107 | section. The court may, at its sole discretion, order the |
| 108 | expunction of a criminal history record pertaining to more than |
| 109 | one arrest if the additional arrests directly relate to the |
| 110 | original arrest. If the court intends to order the expunction of |
| 111 | records pertaining to such additional arrests, such intent must |
| 112 | be specified in the order. A criminal justice agency may not |
| 113 | expunge any record pertaining to such additional arrests if the |
| 114 | order to expunge does not articulate the intention of the court |
| 115 | to expunge a record pertaining to more than one arrest. This |
| 116 | section does not prevent the court from ordering the expunction |
| 117 | of only a portion of a criminal history record pertaining to one |
| 118 | arrest or one incident of alleged criminal activity. |
| 119 | Notwithstanding any law to the contrary, a criminal justice |
| 120 | agency may comply with laws, court orders, and official requests |
| 121 | of other jurisdictions relating to expunction, correction, or |
| 122 | confidential handling of criminal history records or information |
| 123 | derived therefrom. This section does not confer any right to the |
| 124 | expunction of any criminal history record, and any request for |
| 125 | expunction of a criminal history record may be denied at the |
| 126 | sole discretion of the court. |
| 127 | (4) EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.--Any |
| 128 | criminal history record of a minor or an adult which is ordered |
| 129 | expunged by a court of competent jurisdiction pursuant to this |
| 130 | section must be physically destroyed or obliterated by any |
| 131 | criminal justice agency having custody of such record; except |
| 132 | that any criminal history record in the custody of the |
| 133 | department must be retained in all cases. A criminal history |
| 134 | record ordered expunged that is retained by the department is |
| 135 | confidential and exempt from the provisions of s. 119.07(1) and |
| 136 | s. 24(a), Art. I of the State Constitution and not available to |
| 137 | any person or entity except upon order of a court of competent |
| 138 | jurisdiction. A criminal justice agency may retain a notation |
| 139 | indicating compliance with an order to expunge. |
| 140 | (a) The person who is the subject of a criminal history |
| 141 | record that is expunged under this section or under other |
| 142 | provisions of law, including s. 943.0515, former s. 893.14, |
| 143 | former s. 901.33, and former s. 943.058, may lawfully deny or |
| 144 | fail to acknowledge the arrests covered by the expunged record, |
| 145 | except when the subject of the record: |
| 146 | 1. Is a candidate for employment with a criminal justice |
| 147 | agency; |
| 148 | 2. Is a defendant in a criminal prosecution; |
| 149 | 3. Concurrently or subsequently petitions for relief under |
| 150 | this section or s. 943.059; |
| 151 | 4. Is a candidate for admission to The Florida Bar; |
| 152 | 5. Is seeking to be employed or licensed by or to contract |
| 153 | with the Department of Children and Family Services or the |
| 154 | Department of Juvenile Justice or to be employed or used by such |
| 155 | contractor or licensee in a sensitive position having direct |
| 156 | contact with children, the developmentally disabled, the aged, |
| 157 | or the elderly as provided in s. 110.1127(3), s. 393.063, s. |
| 158 | 394.4572(1), s. 397.451, s. 402.302(3), s. 402.313(3), s. |
| 159 | 409.175(2)(i), s. 415.102(4), chapter 916, s. 985.644, chapter |
| 160 | 400, or chapter 429; |
| 161 | 6. Is seeking to be employed or licensed by the Department |
| 162 | of Education, any district school board, any university |
| 163 | laboratory school, any charter school, any private or parochial |
| 164 | school, or any local governmental entity that licenses child |
| 165 | care facilities; or |
| 166 | 7. Is seeking authorization from a Florida seaport |
| 167 | identified in s. 311.09 for employment within or access to one |
| 168 | or more of such seaports pursuant to s. 311.12 or s. 311.125. |
| 169 |
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| 170 |
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| 171 | ----------------------------------------------------- |
| 172 | T I T L E A M E N D M E N T |
| 173 | Remove line 1245 and insert: |
| 174 | options; amending s. 943.053, F.S.; revising provisions relating |
| 175 | to dissemination of criminal justice information; amending s. |
| 176 | 943.0585, F.S., relating to court-ordered expunction of criminal |
| 177 | history records, to revise a reference; amending s. 984.05, |
| 178 | F.S., conforming cross- |