HB 1119

1
A bill to be entitled
2An act relating to criminal justice; providing legislative
3intent; requiring state agencies and regulatory boards to
4prepare reports that identify and evaluate restrictions on
5licensing and employment; amending s. 112.011, F.S.;
6prohibiting state agencies from denying an application for
7a license, permit, certificate, or employment based on a
8person's lack of civil rights; providing an exception;
9amending s. 943.0585, F.S.; clarifying under what
10circumstances a person may legally deny the existence of
11an expunged criminal history record; authorizing the
12disclosure of the contents of an expunged record upon
13receipt of a written, notarized request from the record
14subject; requiring clerks of the court to post information
15relating to procedures to seal or expunge criminal history
16records on the clerk's website; amending s. 943.059, F.S.;
17clarifying under what circumstances a person may legally
18deny the existence of a sealed criminal history record;
19authorizing a court to seal a criminal history record of a
20person who had a prior criminal history record sealed or
21expunged; requiring the Office of Program Policy Analysis
22and Government Accountability to prepare a report of its
23findings relating to the use of criminal history records
24in licensing and employment decisions; providing an
25effective date.
26
27Be It Enacted by the Legislature of the State of Florida:
28
29     Section 1.  Restrictions on the employment of ex-offenders;
30legislative intent; state agency reporting requirements.--
31     (1)  The Legislature declares that it is the goal of this
32state to provide to prospective employees a clear statement of
33which crimes would disqualify ex-offenders from which
34occupations. It is the intent of the Legislature to make
35opportunities for employment available to ex-offenders so that
36they will be less likely to revert to criminal behavior, insofar
37as the employment of such persons does not detract from the
38safety of the public. The Legislature further declares that
39state agencies should identify all restrictions imposed by the
40agencies or by boards that regulate professions and occupations
41on employment and should make an effort to define each
42restriction as narrowly as possible while continuing to maintain
43public safety.
44     (2)  Each state agency, including, but not limited to,
45professional and occupational regulatory boards, shall, by
46December 31, 2010, and every 8 years thereafter, submit to the
47Governor, the President of the Senate, and the Speaker of the
48House of Representatives a report that includes:
49     (a)  A list of all agency or board policies that disqualify
50from employment or licensure persons who have been convicted of
51a crime and have completed any incarceration and restitution to
52which they have been sentenced for such a crime.
53     (b)  A determination of whether the disqualifying policies
54are readily available to prospective employers and licensees.
55     (c)  The identification and evaluation of alternatives to
56the disqualifying policies to promote the employment of ex-
57offenders and protect the public.
58     (d)  An evaluation of whether the disqualifying polices are
59too broad and whether crimes or acts of moral turpitude that
60disqualify a person from licensure should be more specifically
61or narrowly identified.
62     Section 2.  Section 112.011, Florida Statutes, is amended
63to read:
64     112.011  Disqualification from licensing and public
65employment based on criminal conviction Felons; removal of
66disqualifications for employment, exceptions.--
67     (1)(a)  Except as provided in s. 775.16, a person may shall
68not be disqualified from employment by the state, any of its
69agencies or political subdivisions, or any municipality solely
70because of a prior conviction for a crime. However, a person may
71be denied employment by the state, any of its agencies or
72political subdivisions, or any municipality by reason of the
73prior conviction for a crime if the crime was a felony or first
74degree misdemeanor and directly related to the position of
75employment sought.
76     (b)  Except as provided in s. 775.16, a person whose civil
77rights have been restored shall not be disqualified to practice,
78pursue, or engage in any occupation, trade, vocation,
79profession, or business for which a license, permit, or
80certificate is required to be issued by the state, any of its
81agencies or political subdivisions, or any municipality solely
82because of a prior conviction for a crime. However, a person
83whose civil rights have been restored may be denied a license,
84permit, or certification to pursue, practice, or engage in an
85occupation, trade, vocation, profession, or business by reason
86of the prior conviction for a crime if the crime was a felony or
87first degree misdemeanor relevant to the standards normally
88associated with, or determined by the regulatory authority to be
89necessary for the protection of the public or other parties for,
90and directly related to the specific occupation, trade,
91vocation, profession, or business for which the license, permit,
92or certificate is sought.
93     (c)  Notwithstanding any law to the contrary, a state
94agency may not deny an application for a license, permit,
95certificate, or employment based on the applicant's lack of
96civil rights. However, this paragraph does not apply to
97applications for a license to carry a concealed weapon or
98firearm under chapter 790.
99     (2)(a)  This section does shall not apply be applicable to
100any law enforcement or correctional agency.
101     (b)  This section shall not be applicable to the employment
102practices of any fire department relating to the hiring of
103firefighters. An applicant for employment with any fire
104department who has with a prior felony conviction shall be
105excluded from employment for a period of 4 years after
106expiration of sentence or final release by the Parole Commission
107unless the applicant, prior to the expiration of the 4-year
108period, has received a full pardon or has had his or her civil
109rights restored.
110     (c)  This section does shall not apply be applicable to the
111employment practices of any county or municipality relating to
112the hiring of personnel for positions deemed to be critical to
113security or public safety pursuant to ss. 125.5801 and 166.0442.
114     (3)  Any complaint concerning the violation of this section
115shall be adjudicated in accordance with the procedures set forth
116in chapter 120 for administrative and judicial review.
117     Section 3.  Section 943.0585, Florida Statutes, is amended
118to read:
119     943.0585  Court-ordered expunction of criminal history
120records.--The courts of this state have jurisdiction over their
121own procedures, including the maintenance, expunction, and
122correction of judicial records containing criminal history
123information to the extent such procedures are not inconsistent
124with the conditions, responsibilities, and duties established by
125this section. Any court of competent jurisdiction may order a
126criminal justice agency to expunge the criminal history record
127of a minor or an adult who complies with the requirements of
128this section. The court shall not order a criminal justice
129agency to expunge a criminal history record until the person
130seeking to expunge a criminal history record has applied for and
131received a certificate of eligibility for expunction pursuant to
132subsection (2). A criminal history record that relates to a
133violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794,
134s. 796.03, s. 800.04, s. 810.14, s. 817.034, s. 825.1025, s.
135827.071, chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s.
136893.135, s. 916.1075, a violation enumerated in s. 907.041, or
137any violation specified as a predicate offense for registration
138as a sexual predator pursuant to s. 775.21, without regard to
139whether that offense alone is sufficient to require such
140registration, or for registration as a sexual offender pursuant
141to s. 943.0435, may not be expunged, without regard to whether
142adjudication was withheld, if the defendant was found guilty of
143or pled guilty or nolo contendere to the offense, or if the
144defendant, as a minor, was found to have committed, or pled
145guilty or nolo contendere to committing, the offense as a
146delinquent act. The court may only order expunction of a
147criminal history record pertaining to one arrest or one incident
148of alleged criminal activity, except as provided in this
149section. The court may, at its sole discretion, order the
150expunction of a criminal history record pertaining to more than
151one arrest if the additional arrests directly relate to the
152original arrest. If the court intends to order the expunction of
153records pertaining to such additional arrests, such intent must
154be specified in the order. A criminal justice agency may not
155expunge any record pertaining to such additional arrests if the
156order to expunge does not articulate the intention of the court
157to expunge a record pertaining to more than one arrest. This
158section does not prevent the court from ordering the expunction
159of only a portion of a criminal history record pertaining to one
160arrest or one incident of alleged criminal activity.
161Notwithstanding any law to the contrary, a criminal justice
162agency may comply with laws, court orders, and official requests
163of other jurisdictions relating to expunction, correction, or
164confidential handling of criminal history records or information
165derived therefrom. This section does not confer any right to the
166expunction of any criminal history record, and any request for
167expunction of a criminal history record may be denied at the
168sole discretion of the court.
169     (1)  PETITION TO EXPUNGE A CRIMINAL HISTORY RECORD.--Each
170petition to a court to expunge a criminal history record is
171complete only when accompanied by:
172     (a)  A valid certificate of eligibility for expunction
173issued by the department pursuant to subsection (2).
174     (b)  The petitioner's sworn statement attesting that the
175petitioner:
176     1.  Has never, prior to the date on which the petition is
177filed, been adjudicated guilty of a criminal offense or
178comparable ordinance violation, or been adjudicated delinquent
179for committing any felony or a misdemeanor specified in s.
180943.051(3)(b).
181     2.  Has not been adjudicated guilty of, or adjudicated
182delinquent for committing, any of the acts stemming from the
183arrest or alleged criminal activity to which the petition
184pertains.
185     3.  Has never secured a prior sealing or expunction of a
186criminal history record under this section, former s. 893.14,
187former s. 901.33, or former s. 943.058, or from any jurisdiction
188outside the state, unless expunction is sought of a criminal
189history record previously sealed for 10 years pursuant to
190paragraph (2)(h) and the record is otherwise eligible for
191expunction.
192     4.  Is eligible for such an expunction to the best of his
193or her knowledge or belief and does not have any other petition
194to expunge or any petition to seal pending before any court.
195
196Any person who knowingly provides false information on such
197sworn statement to the court commits a felony of the third
198degree, punishable as provided in s. 775.082, s. 775.083, or s.
199775.084.
200     (2)  CERTIFICATE OF ELIGIBILITY FOR EXPUNCTION.--Prior to
201petitioning the court to expunge a criminal history record, a
202person seeking to expunge a criminal history record shall apply
203to the department for a certificate of eligibility for
204expunction. The department shall, by rule adopted pursuant to
205chapter 120, establish procedures pertaining to the application
206for and issuance of certificates of eligibility for expunction.
207A certificate of eligibility for expunction is valid for 12
208months after the date stamped on the certificate when issued by
209the department. After that time, the petitioner must reapply to
210the department for a new certificate of eligibility. Eligibility
211for a renewed certification of eligibility must be based on the
212status of the applicant and the law in effect at the time of the
213renewal application. The department shall issue a certificate of
214eligibility for expunction to a person who is the subject of a
215criminal history record if that person:
216     (a)  Has obtained, and submitted to the department, a
217written, certified statement from the appropriate state attorney
218or statewide prosecutor which indicates:
219     1.  That an indictment, information, or other charging
220document was not filed or issued in the case.
221     2.  That an indictment, information, or other charging
222document, if filed or issued in the case, was dismissed or nolle
223prosequi by the state attorney or statewide prosecutor, or was
224dismissed by a court of competent jurisdiction, and that none of
225the charges related to the arrest or alleged criminal activity
226to which the petition to expunge pertains resulted in a trial,
227without regard to whether the outcome of the trial was other
228than an adjudication of guilt.
229     3.  That the criminal history record does not relate to a
230violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794,
231s. 796.03, s. 800.04, s. 810.14, s. 817.034, s. 825.1025, s.
232827.071, chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s.
233893.135, s. 916.1075, a violation enumerated in s. 907.041, or
234any violation specified as a predicate offense for registration
235as a sexual predator pursuant to s. 775.21, without regard to
236whether that offense alone is sufficient to require such
237registration, or for registration as a sexual offender pursuant
238to s. 943.0435, where the defendant was found guilty of, or pled
239guilty or nolo contendere to any such offense, or that the
240defendant, as a minor, was found to have committed, or pled
241guilty or nolo contendere to committing, such an offense as a
242delinquent act, without regard to whether adjudication was
243withheld.
244     (b)  Remits a $75 processing fee to the department for
245placement in the Department of Law Enforcement Operating Trust
246Fund, unless such fee is waived by the executive director.
247     (c)  Has submitted to the department a certified copy of
248the disposition of the charge to which the petition to expunge
249pertains.
250     (d)  Has never, prior to the date on which the application
251for a certificate of eligibility is filed, been adjudicated
252guilty of a criminal offense or comparable ordinance violation,
253or been adjudicated delinquent for committing any felony or a
254misdemeanor specified in s. 943.051(3)(b).
255     (e)  Has not been adjudicated guilty of, or adjudicated
256delinquent for committing, any of the acts stemming from the
257arrest or alleged criminal activity to which the petition to
258expunge pertains.
259     (f)  Has never secured a prior sealing or expunction of a
260criminal history record under this section, former s. 893.14,
261former s. 901.33, or former s. 943.058, unless expunction is
262sought of a criminal history record previously sealed for 10
263years pursuant to paragraph (h) and the record is otherwise
264eligible for expunction.
265     (g)  Is no longer under court supervision applicable to the
266disposition of the arrest or alleged criminal activity to which
267the petition to expunge pertains.
268     (h)  Has previously obtained a court order sealing the
269record under this section, former s. 893.14, former s. 901.33,
270or former s. 943.058 for a minimum of 10 years because
271adjudication was withheld or because all charges related to the
272arrest or alleged criminal activity to which the petition to
273expunge pertains were not dismissed prior to trial, without
274regard to whether the outcome of the trial was other than an
275adjudication of guilt. The requirement for the record to have
276previously been sealed for a minimum of 10 years does not apply
277when a plea was not entered or all charges related to the arrest
278or alleged criminal activity to which the petition to expunge
279pertains were dismissed prior to trial.
280     (3)  PROCESSING OF A PETITION OR ORDER TO EXPUNGE.--
281     (a)  In judicial proceedings under this section, a copy of
282the completed petition to expunge shall be served upon the
283appropriate state attorney or the statewide prosecutor and upon
284the arresting agency; however, it is not necessary to make any
285agency other than the state a party. The appropriate state
286attorney or the statewide prosecutor and the arresting agency
287may respond to the court regarding the completed petition to
288expunge.
289     (b)  If relief is granted by the court, the clerk of the
290court shall certify copies of the order to the appropriate state
291attorney or the statewide prosecutor and the arresting agency.
292The arresting agency is responsible for forwarding the order to
293any other agency to which the arresting agency disseminated the
294criminal history record information to which the order pertains.
295The department shall forward the order to expunge to the Federal
296Bureau of Investigation. The clerk of the court shall certify a
297copy of the order to any other agency which the records of the
298court reflect has received the criminal history record from the
299court.
300     (c)  For an order to expunge entered by a court prior to
301July 1, 1992, the department shall notify the appropriate state
302attorney or statewide prosecutor of an order to expunge which is
303contrary to law because the person who is the subject of the
304record has previously been convicted of a crime or comparable
305ordinance violation or has had a prior criminal history record
306sealed or expunged. Upon receipt of such notice, the appropriate
307state attorney or statewide prosecutor shall take action, within
30860 days, to correct the record and petition the court to void
309the order to expunge. The department shall seal the record until
310such time as the order is voided by the court.
311     (d)  On or after July 1, 1992, the department or any other
312criminal justice agency is not required to act on an order to
313expunge entered by a court when such order does not comply with
314the requirements of this section. Upon receipt of such an order,
315the department must notify the issuing court, the appropriate
316state attorney or statewide prosecutor, the petitioner or the
317petitioner's attorney, and the arresting agency of the reason
318for noncompliance. The appropriate state attorney or statewide
319prosecutor shall take action within 60 days to correct the
320record and petition the court to void the order. No cause of
321action, including contempt of court, shall arise against any
322criminal justice agency for failure to comply with an order to
323expunge when the petitioner for such order failed to obtain the
324certificate of eligibility as required by this section or such
325order does not otherwise comply with the requirements of this
326section.
327     (4)  EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.--Any
328criminal history record of a minor or an adult which is ordered
329expunged by a court of competent jurisdiction pursuant to this
330section must be physically destroyed or obliterated by any
331criminal justice agency having custody of such record; except
332that any criminal history record in the custody of the
333department must be retained in all cases. A criminal history
334record ordered expunged that is retained by the department is
335confidential and exempt from the provisions of s. 119.07(1) and
336s. 24(a), Art. I of the State Constitution and not available to
337any person or entity except upon order of a court of competent
338jurisdiction. A criminal justice agency may retain a notation
339indicating compliance with an order to expunge.
340     (a)  The person who is the subject of a criminal history
341record that is expunged under this section or under other
342provisions of law, including former s. 893.14, former s. 901.33,
343and former s. 943.058, may lawfully deny or fail to acknowledge
344the arrests and subsequent dispositions covered by the expunged
345record, except when the subject of the record:
346     1.  Is a candidate for employment with a criminal justice
347agency;
348     2.  Is a defendant in a criminal prosecution;
349     3.  Concurrently or subsequently petitions for relief under
350this section or s. 943.059;
351     4.  Is a candidate for admission to The Florida Bar;
352     5.  Is seeking to be employed or licensed by or to contract
353with the Department of Children and Family Services, the Agency
354for Health Care Administration, the Agency for Persons with
355Disabilities, or the Department of Juvenile Justice or to be
356employed or used by such contractor or licensee in a sensitive
357position having direct contact with children, the
358developmentally disabled, the aged, or the elderly as provided
359in s. 110.1127(3), s. 393.063, s. 394.4572(1), s. 397.451, s.
360402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4),
361chapter 916, s. 985.644, chapter 400, or chapter 429;
362     6.  Is seeking to be employed or licensed by the Department
363of Education, any district school board, any university
364laboratory school, any charter school, any private or parochial
365school, or any local governmental entity that licenses child
366care facilities; or
367     7.  Is seeking authorization from a Florida seaport
368identified in s. 311.09 for employment within or access to one
369or more of such seaports pursuant to s. 311.12 or s. 311.125.
370     (b)  Subject to the exceptions in paragraph (a), a person
371who has been granted an expunction under this section, former s.
372893.14, former s. 901.33, or former s. 943.058 may not be held
373under any provision of law of this state to commit perjury or to
374be otherwise liable for giving a false statement by reason of
375such person's failure to recite or acknowledge an expunged
376criminal history record, including a failure to recite or
377acknowledge on an employment application.
378     (c)  Information relating to the existence of an expunged
379criminal history record which is provided in accordance with
380paragraph (a) is confidential and exempt from the provisions of
381s. 119.07(1) and s. 24(a), Art. I of the State Constitution,
382except that the department shall disclose the existence of a
383criminal history record ordered expunged to the entities set
384forth in subparagraphs (a)1., 4., 5., 6., and 7. for their
385respective licensing, access authorization, and employment
386purposes, and to criminal justice agencies for their respective
387criminal justice purposes. It is unlawful for any employee of an
388entity set forth in subparagraph (a)1., subparagraph (a)4.,
389subparagraph (a)5., subparagraph (a)6., or subparagraph (a)7. to
390disclose information relating to the existence of an expunged
391criminal history record of a person seeking employment, access
392authorization, or licensure with such entity or contractor,
393except to the person to whom the criminal history record relates
394or to persons having direct responsibility for employment,
395access authorization, or licensure decisions. Any person who
396violates this paragraph commits a misdemeanor of the first
397degree, punishable as provided in s. 775.082 or s. 775.083.
398     (d)  The department may disclose the contents of an
399expunged record to the subject of the record upon the receipt of
400a written, notarized request from the subject of the record.
401     (5)  Each website for the office of a clerk of court must
402include information relating to procedures to seal or expunge
403criminal history records. This information must include the link
404to related information on the website of the department.
405     (6)(5)  STATUTORY REFERENCES.--Any reference to any other
406chapter, section, or subdivision of the Florida Statutes in this
407section constitutes a general reference under the doctrine of
408incorporation by reference.
409     Section 4.  Section 943.059, Florida Statutes, is amended
410to read:
411     943.059  Court-ordered sealing of criminal history
412records.--The courts of this state shall continue to have
413jurisdiction over their own procedures, including the
414maintenance, sealing, and correction of judicial records
415containing criminal history information to the extent such
416procedures are not inconsistent with the conditions,
417responsibilities, and duties established by this section. Any
418court of competent jurisdiction may order a criminal justice
419agency to seal the criminal history record of a minor or an
420adult who complies with the requirements of this section. The
421court shall not order a criminal justice agency to seal a
422criminal history record until the person seeking to seal a
423criminal history record has applied for and received a
424certificate of eligibility for sealing pursuant to subsection
425(2). A criminal history record that relates to a violation of s.
426393.135, s. 394.4593, s. 787.025, chapter 794, s. 796.03, s.
427800.04, s. 810.14, s. 817.034, s. 825.1025, s. 827.071, chapter
428839, s. 847.0133, s. 847.0135, s. 847.0145, s. 893.135, s.
429916.1075, a violation enumerated in s. 907.041, or any violation
430specified as a predicate offense for registration as a sexual
431predator pursuant to s. 775.21, without regard to whether that
432offense alone is sufficient to require such registration, or for
433registration as a sexual offender pursuant to s. 943.0435, may
434not be sealed, without regard to whether adjudication was
435withheld, if the defendant was found guilty of or pled guilty or
436nolo contendere to the offense, or if the defendant, as a minor,
437was found to have committed or pled guilty or nolo contendere to
438committing the offense as a delinquent act. The court may only
439order sealing of a criminal history record pertaining to one
440arrest or one incident of alleged criminal activity, except as
441provided in this section. The court may, at its sole discretion,
442order the sealing of a criminal history record pertaining to
443more than one arrest if the additional arrests directly relate
444to the original arrest. If the court intends to order the
445sealing of records pertaining to such additional arrests, such
446intent must be specified in the order. A criminal justice agency
447may not seal any record pertaining to such additional arrests if
448the order to seal does not articulate the intention of the court
449to seal records pertaining to more than one arrest. This section
450does not prevent the court from ordering the sealing of only a
451portion of a criminal history record pertaining to one arrest or
452one incident of alleged criminal activity. Notwithstanding any
453law to the contrary, a criminal justice agency may comply with
454laws, court orders, and official requests of other jurisdictions
455relating to sealing, correction, or confidential handling of
456criminal history records or information derived therefrom. This
457section does not confer any right to the sealing of any criminal
458history record, and any request for sealing a criminal history
459record may be denied at the sole discretion of the court.
460     (1)  PETITION TO SEAL A CRIMINAL HISTORY RECORD.--Each
461petition to a court to seal a criminal history record is
462complete only when accompanied by:
463     (a)  A valid certificate of eligibility for sealing issued
464by the department pursuant to subsection (2).
465     (b)  The petitioner's sworn statement attesting that the
466petitioner:
467     1.  Has never, prior to the date on which the petition is
468filed, been adjudicated guilty of a criminal offense or
469comparable ordinance violation, or been adjudicated delinquent
470for committing any felony or a misdemeanor specified in s.
471943.051(3)(b).
472     2.  Has not been adjudicated guilty of or adjudicated
473delinquent for committing any of the acts stemming from the
474arrest or alleged criminal activity to which the petition to
475seal pertains.
476     3.  Has never secured a prior sealing, except as provided
477in subsection (6), or expunction of a criminal history record
478under this section, former s. 893.14, former s. 901.33, former
479s. 943.058, or from any jurisdiction outside the state.
480     4.  Is eligible for such a sealing to the best of his or
481her knowledge or belief and does not have any other petition to
482seal or any petition to expunge pending before any court.
483
484Any person who knowingly provides false information on such
485sworn statement to the court commits a felony of the third
486degree, punishable as provided in s. 775.082, s. 775.083, or s.
487775.084.
488     (2)  CERTIFICATE OF ELIGIBILITY FOR SEALING.--Prior to
489petitioning the court to seal a criminal history record, a
490person seeking to seal a criminal history record shall apply to
491the department for a certificate of eligibility for sealing. The
492department shall, by rule adopted pursuant to chapter 120,
493establish procedures pertaining to the application for and
494issuance of certificates of eligibility for sealing. A
495certificate of eligibility for sealing is valid for 12 months
496after the date stamped on the certificate when issued by the
497department. After that time, the petitioner must reapply to the
498department for a new certificate of eligibility. Eligibility for
499a renewed certification of eligibility must be based on the
500status of the applicant and the law in effect at the time of the
501renewal application. The department shall issue a certificate of
502eligibility for sealing to a person who is the subject of a
503criminal history record provided that such person:
504     (a)  Has submitted to the department a certified copy of
505the disposition of the charge to which the petition to seal
506pertains.
507     (b)  Remits a $75 processing fee to the department for
508placement in the Department of Law Enforcement Operating Trust
509Fund, unless such fee is waived by the executive director.
510     (c)  Has never, prior to the date on which the application
511for a certificate of eligibility is filed, been adjudicated
512guilty of a criminal offense or comparable ordinance violation,
513or been adjudicated delinquent for committing any felony or a
514misdemeanor specified in s. 943.051(3)(b).
515     (d)  Has not been adjudicated guilty of or adjudicated
516delinquent for committing any of the acts stemming from the
517arrest or alleged criminal activity to which the petition to
518seal pertains.
519     (e)  Has never secured a prior sealing, except as provided
520in subsection (6), or expunction of a criminal history record
521under this section, former s. 893.14, former s. 901.33, or
522former s. 943.058.
523     (f)  Is no longer under court supervision applicable to the
524disposition of the arrest or alleged criminal activity to which
525the petition to seal pertains.
526     (3)  PROCESSING OF A PETITION OR ORDER TO SEAL.--
527     (a)  In judicial proceedings under this section, a copy of
528the completed petition to seal shall be served upon the
529appropriate state attorney or the statewide prosecutor and upon
530the arresting agency; however, it is not necessary to make any
531agency other than the state a party. The appropriate state
532attorney or the statewide prosecutor and the arresting agency
533may respond to the court regarding the completed petition to
534seal.
535     (b)  If relief is granted by the court, the clerk of the
536court shall certify copies of the order to the appropriate state
537attorney or the statewide prosecutor and to the arresting
538agency. The arresting agency is responsible for forwarding the
539order to any other agency to which the arresting agency
540disseminated the criminal history record information to which
541the order pertains. The department shall forward the order to
542seal to the Federal Bureau of Investigation. The clerk of the
543court shall certify a copy of the order to any other agency
544which the records of the court reflect has received the criminal
545history record from the court.
546     (c)  For an order to seal entered by a court prior to July
5471, 1992, the department shall notify the appropriate state
548attorney or statewide prosecutor of any order to seal which is
549contrary to law because the person who is the subject of the
550record has previously been convicted of a crime or comparable
551ordinance violation or has had a prior criminal history record
552sealed, except as provided in subsection (6), or expunged. Upon
553receipt of such notice, the appropriate state attorney or
554statewide prosecutor shall take action, within 60 days, to
555correct the record and petition the court to void the order to
556seal. The department shall seal the record until such time as
557the order is voided by the court.
558     (d)  On or after July 1, 1992, the department or any other
559criminal justice agency is not required to act on an order to
560seal entered by a court when such order does not comply with the
561requirements of this section. Upon receipt of such an order, the
562department must notify the issuing court, the appropriate state
563attorney or statewide prosecutor, the petitioner or the
564petitioner's attorney, and the arresting agency of the reason
565for noncompliance. The appropriate state attorney or statewide
566prosecutor shall take action within 60 days to correct the
567record and petition the court to void the order. No cause of
568action, including contempt of court, shall arise against any
569criminal justice agency for failure to comply with an order to
570seal when the petitioner for such order failed to obtain the
571certificate of eligibility as required by this section or when
572such order does not comply with the requirements of this
573section.
574     (e)  An order sealing a criminal history record pursuant to
575this section does not require that such record be surrendered to
576the court, and such record shall continue to be maintained by
577the department and other criminal justice agencies.
578     (4)  EFFECT OF CRIMINAL HISTORY RECORD SEALING.--A criminal
579history record of a minor or an adult which is ordered sealed by
580a court of competent jurisdiction pursuant to this section is
581confidential and exempt from the provisions of s. 119.07(1) and
582s. 24(a), Art. I of the State Constitution and is available only
583to the person who is the subject of the record, to the subject's
584attorney, to criminal justice agencies for their respective
585criminal justice purposes, which include conducting a criminal
586history background check for approval of firearms purchases or
587transfers as authorized by state or federal law, to judges in
588the state courts system for the purpose of assisting them in
589their case-related decisionmaking responsibilities, as set forth
590in s. 943.053(5), or to those entities set forth in
591subparagraphs (a)1., 4., 5., 6., and 8. for their respective
592licensing, access authorization, and employment purposes.
593     (a)  The subject of a criminal history record sealed under
594this section or under other provisions of law, including former
595s. 893.14, former s. 901.33, and former s. 943.058, may lawfully
596deny or fail to acknowledge the arrests and subsequent
597dispositions covered by the sealed record, except when the
598subject of the record:
599     1.  Is a candidate for employment with a criminal justice
600agency;
601     2.  Is a defendant in a criminal prosecution;
602     3.  Concurrently or subsequently petitions for relief under
603this section or s. 943.0585;
604     4.  Is a candidate for admission to The Florida Bar;
605     5.  Is seeking to be employed or licensed by or to contract
606with the Department of Children and Family Services, the Agency
607for Health Care Administration, the Agency for Persons with
608Disabilities, or the Department of Juvenile Justice or to be
609employed or used by such contractor or licensee in a sensitive
610position having direct contact with children, the
611developmentally disabled, the aged, or the elderly as provided
612in s. 110.1127(3), s. 393.063, s. 394.4572(1), s. 397.451, s.
613402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4), s.
614415.103, chapter 916, s. 985.644, chapter 400, or chapter 429;
615     6.  Is seeking to be employed or licensed by the Department
616of Education, any district school board, any university
617laboratory school, any charter school, any private or parochial
618school, or any local governmental entity that licenses child
619care facilities;
620     7.  Is attempting to purchase a firearm from a licensed
621importer, licensed manufacturer, or licensed dealer and is
622subject to a criminal history background check under state or
623federal law; or
624     8.  Is seeking authorization from a Florida seaport
625identified in s. 311.09 for employment within or access to one
626or more of such seaports pursuant to s. 311.12 or s. 311.125.
627     (b)  Subject to the exceptions in paragraph (a), a person
628who has been granted a sealing under this section, former s.
629893.14, former s. 901.33, or former s. 943.058 may not be held
630under any provision of law of this state to commit perjury or to
631be otherwise liable for giving a false statement by reason of
632such person's failure to recite or acknowledge a sealed criminal
633history record, including a failure to recite or acknowledge on
634an employment application.
635     (c)  Information relating to the existence of a sealed
636criminal record provided in accordance with the provisions of
637paragraph (a) is confidential and exempt from the provisions of
638s. 119.07(1) and s. 24(a), Art. I of the State Constitution,
639except that the department shall disclose the sealed criminal
640history record to the entities set forth in subparagraphs (a)1.,
6414., 5., 6., and 8. for their respective licensing, access
642authorization, and employment purposes. It is unlawful for any
643employee of an entity set forth in subparagraph (a)1.,
644subparagraph (a)4., subparagraph (a)5., subparagraph (a)6., or
645subparagraph (a)8. to disclose information relating to the
646existence of a sealed criminal history record of a person
647seeking employment, access authorization, or licensure with such
648entity or contractor, except to the person to whom the criminal
649history record relates or to persons having direct
650responsibility for employment, access authorization, or
651licensure decisions. Any person who violates the provisions of
652this paragraph commits a misdemeanor of the first degree,
653punishable as provided in s. 775.082 or s. 775.083.
654     (5)  STATUTORY REFERENCES.--Any reference to any other
655chapter, section, or subdivision of the Florida Statutes in this
656section constitutes a general reference under the doctrine of
657incorporation by reference.
658     (6)  SEALING OF CRIMINAL HISTORY RECORD AFTER PRIOR SEALING
659OR EXPUNCTION.--A court may seal a person's criminal history
660record after a prior criminal history record has been sealed or
661expunged only if the person obtains a certificate from the
662department to seal the criminal history record. The department
663shall issue the certificate only if the person has not been
664arrested during the 5-year period following the date of the
665court order for the initial expunction or sealing of his or her
666criminal history record. All other provisions and requirements
667of this section apply to an application to seal a criminal
668history record after a prior criminal history record has been
669sealed or expunged.
670     Section 5.  (1)  The Office of Program Policy Analysis and
671Government Accountability, in cooperation with the Department of
672Law Enforcement, shall:
673     (a)  Assess current safeguards for the accuracy of the
674criminal history data contained in the Department of Law
675Enforcement's Computerized Criminal History (CCH) database.
676     (b)  Assess the current process available to potential
677private employers or licensing agencies to determine whether an
678applicant has a criminal history.
679     (c)  Assess whether an adequate process exists to allow a
680potential private employer or licensing agency to determine
681whether an applicant's response to an "arrest, conviction, or
682adjudication withheld" criminal history question on an
683application is truthful and complete.
684     (d)  Assess the feasibility of establishing privacy
685safeguards to protect job or license applicants, such as
686requiring informed consent and providing an opportunity to
687review a criminal history record before a job or licensing
688application is made, before the criminal history record is
689provided to the potential employer or licensing entity, or
690before adverse action is taken by the potential employer or
691licensing entity.
692     (e)  Identify actions to improve the completeness of the
693criminal history record and the consumer readability of the
694criminal history record.
695     (2)  The Office of Program Policy Analysis and Government
696Accountability shall report its findings to the President of the
697Senate and the Speaker of the House of Representatives by
698February 1, 2010.
699     Section 6.  This act shall take effect July 1, 2009.


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