CS/HB 541

1
A bill to be entitled
2An act relating to sealing and expunging criminal history
3records; amending s. 943.0585, F.S.; authorizing a court
4to expunge a criminal history record of a person who had a
5prior criminal history record sealed or expunged in
6certain circumstances; amending s. 943.059, F.S.;
7authorizing a court to seal a criminal history record of a
8person who had a prior criminal history record sealed or
9expunged in certain circumstances; providing an effective
10date.
11
12Be It Enacted by the Legislature of the State of Florida:
13
14     Section 1.  Section 943.0585, Florida Statutes, is amended
15to read:
16     943.0585  Court-ordered expunction of criminal history
17records.-The courts of this state have jurisdiction over their
18own procedures, including the maintenance, expunction, and
19correction of judicial records containing criminal history
20information to the extent such procedures are not inconsistent
21with the conditions, responsibilities, and duties established by
22this section. Any court of competent jurisdiction may order a
23criminal justice agency to expunge the criminal history record
24of a minor or an adult who complies with the requirements of
25this section. The court shall not order a criminal justice
26agency to expunge a criminal history record until the person
27seeking to expunge a criminal history record has applied for and
28received a certificate of eligibility for expunction pursuant to
29subsection (2). A criminal history record that relates to a
30violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794,
31s. 796.03, s. 800.04, s. 810.14, s. 817.034, s. 825.1025, s.
32827.071, chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s.
33893.135, s. 916.1075, a violation enumerated in s. 907.041, or
34any violation specified as a predicate offense for registration
35as a sexual predator pursuant to s. 775.21, without regard to
36whether that offense alone is sufficient to require such
37registration, or for registration as a sexual offender pursuant
38to s. 943.0435, may not be expunged, without regard to whether
39adjudication was withheld, if the defendant was found guilty of
40or pled guilty or nolo contendere to the offense, or if the
41defendant, as a minor, was found to have committed, or pled
42guilty or nolo contendere to committing, the offense as a
43delinquent act. The court may only order expunction of a
44criminal history record pertaining to one arrest or one incident
45of alleged criminal activity, except as provided in this
46section. The court may, at its sole discretion, order the
47expunction of a criminal history record pertaining to more than
48one arrest if the additional arrests directly relate to the
49original arrest. If the court intends to order the expunction of
50records pertaining to such additional arrests, such intent must
51be specified in the order. A criminal justice agency may not
52expunge any record pertaining to such additional arrests if the
53order to expunge does not articulate the intention of the court
54to expunge a record pertaining to more than one arrest. This
55section does not prevent the court from ordering the expunction
56of only a portion of a criminal history record pertaining to one
57arrest or one incident of alleged criminal activity.
58Notwithstanding any law to the contrary, a criminal justice
59agency may comply with laws, court orders, and official requests
60of other jurisdictions relating to expunction, correction, or
61confidential handling of criminal history records or information
62derived therefrom. This section does not confer any right to the
63expunction of any criminal history record, and any request for
64expunction of a criminal history record may be denied at the
65sole discretion of the court.
66     (1)  PETITION TO EXPUNGE A CRIMINAL HISTORY RECORD.-Each
67petition to a court to expunge a criminal history record is
68complete only when accompanied by:
69     (a)  A valid certificate of eligibility for expunction
70issued by the department pursuant to subsection (2).
71     (b)  The petitioner's sworn statement attesting that the
72petitioner:
73     1.  Has never, prior to the date on which the petition is
74filed, been adjudicated guilty of a criminal offense or
75comparable ordinance violation, or been adjudicated delinquent
76for committing any felony or a misdemeanor specified in s.
77943.051(3)(b).
78     2.  Has not been adjudicated guilty of, or adjudicated
79delinquent for committing, any of the acts stemming from the
80arrest or alleged criminal activity to which the petition
81pertains.
82     3.  Has never secured a prior sealing or expunction, except
83as provided in subsection (5) and s. 943.059(5), of a criminal
84history record under this section, former s. 893.14, former s.
85901.33, or former s. 943.058, or from any jurisdiction outside
86the state, unless expunction is sought of a criminal history
87record previously sealed for 10 years pursuant to paragraph
88(2)(h) and the record is otherwise eligible for expunction.
89     4.  Is eligible for such an expunction to the best of his
90or her knowledge or belief and does not have any other petition
91to expunge or any petition to seal pending before any court.
92
93Any person who knowingly provides false information on such
94sworn statement to the court commits a felony of the third
95degree, punishable as provided in s. 775.082, s. 775.083, or s.
96775.084.
97     (2)  CERTIFICATE OF ELIGIBILITY FOR EXPUNCTION.-Prior to
98petitioning the court to expunge a criminal history record, a
99person seeking to expunge a criminal history record shall apply
100to the department for a certificate of eligibility for
101expunction. The department shall, by rule adopted pursuant to
102chapter 120, establish procedures pertaining to the application
103for and issuance of certificates of eligibility for expunction.
104A certificate of eligibility for expunction is valid for 12
105months after the date stamped on the certificate when issued by
106the department. After that time, the petitioner must reapply to
107the department for a new certificate of eligibility. Eligibility
108for a renewed certification of eligibility must be based on the
109status of the applicant and the law in effect at the time of the
110renewal application. The department shall issue a certificate of
111eligibility for expunction to a person who is the subject of a
112criminal history record if that person:
113     (a)  Has obtained, and submitted to the department, a
114written, certified statement from the appropriate clerk of court
115state attorney or statewide prosecutor which indicates:
116     1.  That an indictment, information, or other charging
117document was not filed or issued in the case.
118     2.  That an indictment, information, or other charging
119document, if filed or issued in the case, was dismissed or nolle
120prosequi by the state attorney or statewide prosecutor, or was
121dismissed by a court of competent jurisdiction, and that none of
122the charges related to the arrest or alleged criminal activity
123to which the petition to expunge pertains resulted in a trial,
124without regard to whether the outcome of the trial was other
125than an adjudication of guilt.
126     3.  That the criminal history record does not relate to a
127violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794,
128s. 796.03, s. 800.04, s. 810.14, s. 817.034, s. 825.1025, s.
129827.071, chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s.
130893.135, s. 916.1075, a violation enumerated in s. 907.041, or
131any violation specified as a predicate offense for registration
132as a sexual predator pursuant to s. 775.21, without regard to
133whether that offense alone is sufficient to require such
134registration, or for registration as a sexual offender pursuant
135to s. 943.0435, where the defendant was found guilty of, or pled
136guilty or nolo contendere to any such offense, or that the
137defendant, as a minor, was found to have committed, or pled
138guilty or nolo contendere to committing, such an offense as a
139delinquent act, without regard to whether adjudication was
140withheld.
141     (b)  Remits a $75 processing fee to the department for
142placement in the Department of Law Enforcement Operating Trust
143Fund, unless such fee is waived by the executive director.
144     (c)  Has submitted to the department a certified copy of
145the disposition of the charge to which the petition to expunge
146pertains.
147     (d)  Has never, prior to the date on which the application
148for a certificate of eligibility is filed, been adjudicated
149guilty of a criminal offense or comparable ordinance violation,
150or been adjudicated delinquent for committing any felony or a
151misdemeanor specified in s. 943.051(3)(b).
152     (e)  Has not been adjudicated guilty of, or adjudicated
153delinquent for committing, any of the acts stemming from the
154arrest or alleged criminal activity to which the petition to
155expunge pertains.
156     (f)  Has never secured a prior sealing or expunction,
157except as provided in subsection (5) and s. 943.059(5), of a
158criminal history record under this section, former s. 893.14,
159former s. 901.33, or former s. 943.058, unless expunction is
160sought of a criminal history record previously sealed for 10
161years pursuant to paragraph (h) and the record is otherwise
162eligible for expunction.
163     (g)  Is no longer under court supervision applicable to the
164disposition of the arrest or alleged criminal activity to which
165the petition to expunge pertains.
166     (h)  Has previously obtained a court order sealing the
167record under this section, former s. 893.14, former s. 901.33,
168or former s. 943.058 for a minimum of 10 years because
169adjudication was withheld or because all charges related to the
170arrest or alleged criminal activity to which the petition to
171expunge pertains were not dismissed prior to trial, without
172regard to whether the outcome of the trial was other than an
173adjudication of guilt. The requirement for the record to have
174previously been sealed for a minimum of 10 years does not apply
175when a plea was not entered or all charges related to the arrest
176or alleged criminal activity to which the petition to expunge
177pertains were dismissed prior to trial.
178     (3)  PROCESSING OF A PETITION OR ORDER TO EXPUNGE.-
179     (a)  In judicial proceedings under this section, a copy of
180the completed petition to expunge shall be served upon the
181appropriate state attorney or the statewide prosecutor and upon
182the arresting agency; however, it is not necessary to make any
183agency other than the state a party. The appropriate state
184attorney or the statewide prosecutor and the arresting agency
185may respond to the court regarding the completed petition to
186expunge.
187     (b)  If relief is granted by the court, the clerk of the
188court shall certify copies of the order to the appropriate state
189attorney or the statewide prosecutor and the arresting agency.
190The arresting agency is responsible for forwarding the order to
191any other agency to which the arresting agency disseminated the
192criminal history record information to which the order pertains.
193The department shall forward the order to expunge to the Federal
194Bureau of Investigation. The clerk of the court shall certify a
195copy of the order to any other agency which the records of the
196court reflect has received the criminal history record from the
197court.
198     (c)  For an order to expunge entered by a court prior to
199July 1, 1992, the department shall notify the appropriate state
200attorney or statewide prosecutor of an order to expunge which is
201contrary to law because the person who is the subject of the
202record has previously been convicted of a crime or comparable
203ordinance violation or has had a prior criminal history record
204sealed or expunged, except as provided in subsection (5) and s.
205943.059(5). Upon receipt of such notice, the appropriate state
206attorney or statewide prosecutor shall take action, within 60
207days, to correct the record and petition the court to void the
208order to expunge. The department shall seal the record until
209such time as the order is voided by the court.
210     (d)  On or after July 1, 1992, the department or any other
211criminal justice agency is not required to act on an order to
212expunge entered by a court when such order does not comply with
213the requirements of this section. Upon receipt of such an order,
214the department must notify the issuing court, the appropriate
215state attorney or statewide prosecutor, the petitioner or the
216petitioner's attorney, and the arresting agency of the reason
217for noncompliance. The appropriate state attorney or statewide
218prosecutor shall take action within 60 days to correct the
219record and petition the court to void the order. No cause of
220action, including contempt of court, shall arise against any
221criminal justice agency for failure to comply with an order to
222expunge when the petitioner for such order failed to obtain the
223certificate of eligibility as required by this section or such
224order does not otherwise comply with the requirements of this
225section.
226     (4)  EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.-Any
227criminal history record of a minor or an adult which is ordered
228expunged by a court of competent jurisdiction pursuant to this
229section must be physically destroyed or obliterated by any
230criminal justice agency having custody of such record; except
231that any criminal history record in the custody of the
232department must be retained in all cases. A criminal history
233record ordered expunged that is retained by the department is
234confidential and exempt from the provisions of s. 119.07(1) and
235s. 24(a), Art. I of the State Constitution and not available to
236any person or entity except upon order of a court of competent
237jurisdiction. A criminal justice agency may retain a notation
238indicating compliance with an order to expunge.
239     (a)  The person who is the subject of a criminal history
240record that is expunged under this section or under other
241provisions of law, including former s. 893.14, former s. 901.33,
242and former s. 943.058, may lawfully deny or fail to acknowledge
243the arrests covered by the expunged record, except when the
244subject of the record:
245     1.  Is a candidate for employment with a criminal justice
246agency;
247     2.  Is a defendant in a criminal prosecution;
248     3.  Concurrently or subsequently petitions for relief under
249this section or s. 943.059;
250     4.  Is a candidate for admission to The Florida Bar;
251     5.  Is seeking to be employed or licensed by or to contract
252with the Department of Children and Family Services, the Agency
253for Health Care Administration, the Agency for Persons with
254Disabilities, or the Department of Juvenile Justice or to be
255employed or used by such contractor or licensee in a sensitive
256position having direct contact with children, the
257developmentally disabled, the aged, or the elderly as provided
258in s. 110.1127(3), s. 393.063, s. 394.4572(1), s. 397.451, s.
259402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4),
260chapter 916, s. 985.644, chapter 400, or chapter 429;
261     6.  Is seeking to be employed or licensed by the Department
262of Education, any district school board, any university
263laboratory school, any charter school, any private or parochial
264school, or any local governmental entity that licenses child
265care facilities; or
266     7.  Is seeking authorization from a seaport listed in s.
267311.09 for employment within or access to one or more of such
268seaports pursuant to s. 311.12.
269     (b)  Subject to the exceptions in paragraph (a), a person
270who has been granted an expunction under this section, former s.
271893.14, former s. 901.33, or former s. 943.058 may not be held
272under any provision of law of this state to commit perjury or to
273be otherwise liable for giving a false statement by reason of
274such person's failure to recite or acknowledge an expunged
275criminal history record.
276     (c)  Information relating to the existence of an expunged
277criminal history record which is provided in accordance with
278paragraph (a) is confidential and exempt from the provisions of
279s. 119.07(1) and s. 24(a), Art. I of the State Constitution,
280except that the department shall disclose the existence of a
281criminal history record ordered expunged to the entities set
282forth in subparagraphs (a)1., 4., 5., 6., and 7. for their
283respective licensing, access authorization, and employment
284purposes, and to criminal justice agencies for their respective
285criminal justice purposes. It is unlawful for any employee of an
286entity set forth in subparagraph (a)1., subparagraph (a)4.,
287subparagraph (a)5., subparagraph (a)6., or subparagraph (a)7. to
288disclose information relating to the existence of an expunged
289criminal history record of a person seeking employment, access
290authorization, or licensure with such entity or contractor,
291except to the person to whom the criminal history record relates
292or to persons having direct responsibility for employment,
293access authorization, or licensure decisions. Any person who
294violates this paragraph commits a misdemeanor of the first
295degree, punishable as provided in s. 775.082 or s. 775.083.
296     (5)  EXPUNCTION OF CRIMINAL HISTORY RECORD AFTER PRIOR
297SEALING OR EXPUNCTION.-
298     (a)  A court may expunge a person's criminal history record
299after a prior criminal history record has been sealed or
300expunged only if the person obtains a certificate from the
301department to expunge the criminal history record. The
302department shall issue the certificate for a second expunction
303only if:
304     1.  The person has had only one prior expunction of his or
305her criminal history record under this section or one prior
306expunction following the sealing of the same arrest or alleged
307criminal activity that was expunged;
308     2.  The person has not been arrested in this state during
309the 10-year period prior to the date on which the application
310for the certificate is filed; and
311     3.  The person has not previously sealed or expunged a
312criminal history record that involved the same offense to which
313the petition to expunge pertains.
314     (b)  All other provisions and requirements of this section
315apply to an application to expunge a second criminal history
316record.
317     (6)(5)  STATUTORY REFERENCES.-Any reference to any other
318chapter, section, or subdivision of the Florida Statutes in this
319section constitutes a general reference under the doctrine of
320incorporation by reference.
321     Section 2.  Section 943.059, Florida Statutes, is amended
322to read:
323     943.059  Court-ordered sealing of criminal history
324records.-The courts of this state shall continue to have
325jurisdiction over their own procedures, including the
326maintenance, sealing, and correction of judicial records
327containing criminal history information to the extent such
328procedures are not inconsistent with the conditions,
329responsibilities, and duties established by this section. Any
330court of competent jurisdiction may order a criminal justice
331agency to seal the criminal history record of a minor or an
332adult who complies with the requirements of this section. The
333court shall not order a criminal justice agency to seal a
334criminal history record until the person seeking to seal a
335criminal history record has applied for and received a
336certificate of eligibility for sealing pursuant to subsection
337(2). A criminal history record that relates to a violation of s.
338393.135, s. 394.4593, s. 787.025, chapter 794, s. 796.03, s.
339800.04, s. 810.14, s. 817.034, s. 825.1025, s. 827.071, chapter
340839, s. 847.0133, s. 847.0135, s. 847.0145, s. 893.135, s.
341916.1075, a violation enumerated in s. 907.041, or any violation
342specified as a predicate offense for registration as a sexual
343predator pursuant to s. 775.21, without regard to whether that
344offense alone is sufficient to require such registration, or for
345registration as a sexual offender pursuant to s. 943.0435, may
346not be sealed, without regard to whether adjudication was
347withheld, if the defendant was found guilty of or pled guilty or
348nolo contendere to the offense, or if the defendant, as a minor,
349was found to have committed or pled guilty or nolo contendere to
350committing the offense as a delinquent act. The court may only
351order sealing of a criminal history record pertaining to one
352arrest or one incident of alleged criminal activity, except as
353provided in this section. The court may, at its sole discretion,
354order the sealing of a criminal history record pertaining to
355more than one arrest if the additional arrests directly relate
356to the original arrest. If the court intends to order the
357sealing of records pertaining to such additional arrests, such
358intent must be specified in the order. A criminal justice agency
359may not seal any record pertaining to such additional arrests if
360the order to seal does not articulate the intention of the court
361to seal records pertaining to more than one arrest. This section
362does not prevent the court from ordering the sealing of only a
363portion of a criminal history record pertaining to one arrest or
364one incident of alleged criminal activity. Notwithstanding any
365law to the contrary, a criminal justice agency may comply with
366laws, court orders, and official requests of other jurisdictions
367relating to sealing, correction, or confidential handling of
368criminal history records or information derived therefrom. This
369section does not confer any right to the sealing of any criminal
370history record, and any request for sealing a criminal history
371record may be denied at the sole discretion of the court.
372     (1)  PETITION TO SEAL A CRIMINAL HISTORY RECORD.-Each
373petition to a court to seal a criminal history record is
374complete only when accompanied by:
375     (a)  A valid certificate of eligibility for sealing issued
376by the department pursuant to subsection (2).
377     (b)  The petitioner's sworn statement attesting that the
378petitioner:
379     1.  Has never, prior to the date on which the petition is
380filed, been adjudicated guilty of a criminal offense or
381comparable ordinance violation, or been adjudicated delinquent
382for committing any felony or a misdemeanor specified in s.
383943.051(3)(b).
384     2.  Has not been adjudicated guilty of or adjudicated
385delinquent for committing any of the acts stemming from the
386arrest or alleged criminal activity to which the petition to
387seal pertains.
388     3.  Has never secured a prior sealing or expunction, except
389as provided in subsection (5), of a criminal history record
390under this section, former s. 893.14, former s. 901.33, former
391s. 943.058, or from any jurisdiction outside the state.
392     4.  Is eligible for such a sealing to the best of his or
393her knowledge or belief and does not have any other petition to
394seal or any petition to expunge pending before any court.
395
396Any person who knowingly provides false information on such
397sworn statement to the court commits a felony of the third
398degree, punishable as provided in s. 775.082, s. 775.083, or s.
399775.084.
400     (2)  CERTIFICATE OF ELIGIBILITY FOR SEALING.-Prior to
401petitioning the court to seal a criminal history record, a
402person seeking to seal a criminal history record shall apply to
403the department for a certificate of eligibility for sealing. The
404department shall, by rule adopted pursuant to chapter 120,
405establish procedures pertaining to the application for and
406issuance of certificates of eligibility for sealing. A
407certificate of eligibility for sealing is valid for 12 months
408after the date stamped on the certificate when issued by the
409department. After that time, the petitioner must reapply to the
410department for a new certificate of eligibility. Eligibility for
411a renewed certification of eligibility must be based on the
412status of the applicant and the law in effect at the time of the
413renewal application. The department shall issue a certificate of
414eligibility for sealing to a person who is the subject of a
415criminal history record provided that such person:
416     (a)  Has submitted to the department a certified copy of
417the disposition of the charge to which the petition to seal
418pertains.
419     (b)  Remits a $75 processing fee to the department for
420placement in the Department of Law Enforcement Operating Trust
421Fund, unless such fee is waived by the executive director.
422     (c)  Has never, prior to the date on which the application
423for a certificate of eligibility is filed, been adjudicated
424guilty of a criminal offense or comparable ordinance violation,
425or been adjudicated delinquent for committing any felony or a
426misdemeanor specified in s. 943.051(3)(b).
427     (d)  Has not been adjudicated guilty of or adjudicated
428delinquent for committing any of the acts stemming from the
429arrest or alleged criminal activity to which the petition to
430seal pertains.
431     (e)  Has never secured a prior sealing or expunction,
432except as provided in subsection (5), of a criminal history
433record under this section, former s. 893.14, former s. 901.33,
434or former s. 943.058.
435     (f)  Is no longer under court supervision applicable to the
436disposition of the arrest or alleged criminal activity to which
437the petition to seal pertains.
438     (3)  PROCESSING OF A PETITION OR ORDER TO SEAL.-
439     (a)  In judicial proceedings under this section, a copy of
440the completed petition to seal shall be served upon the
441appropriate state attorney or the statewide prosecutor and upon
442the arresting agency; however, it is not necessary to make any
443agency other than the state a party. The appropriate state
444attorney or the statewide prosecutor and the arresting agency
445may respond to the court regarding the completed petition to
446seal.
447     (b)  If relief is granted by the court, the clerk of the
448court shall certify copies of the order to the appropriate state
449attorney or the statewide prosecutor and to the arresting
450agency. The arresting agency is responsible for forwarding the
451order to any other agency to which the arresting agency
452disseminated the criminal history record information to which
453the order pertains. The department shall forward the order to
454seal to the Federal Bureau of Investigation. The clerk of the
455court shall certify a copy of the order to any other agency
456which the records of the court reflect has received the criminal
457history record from the court.
458     (c)  For an order to seal entered by a court prior to July
4591, 1992, the department shall notify the appropriate state
460attorney or statewide prosecutor of any order to seal which is
461contrary to law because the person who is the subject of the
462record has previously been convicted of a crime or comparable
463ordinance violation or has had a prior criminal history record
464sealed or expunged, except as provided in subsection (5). Upon
465receipt of such notice, the appropriate state attorney or
466statewide prosecutor shall take action, within 60 days, to
467correct the record and petition the court to void the order to
468seal. The department shall seal the record until such time as
469the order is voided by the court.
470     (d)  On or after July 1, 1992, the department or any other
471criminal justice agency is not required to act on an order to
472seal entered by a court when such order does not comply with the
473requirements of this section. Upon receipt of such an order, the
474department must notify the issuing court, the appropriate state
475attorney or statewide prosecutor, the petitioner or the
476petitioner's attorney, and the arresting agency of the reason
477for noncompliance. The appropriate state attorney or statewide
478prosecutor shall take action within 60 days to correct the
479record and petition the court to void the order. No cause of
480action, including contempt of court, shall arise against any
481criminal justice agency for failure to comply with an order to
482seal when the petitioner for such order failed to obtain the
483certificate of eligibility as required by this section or when
484such order does not comply with the requirements of this
485section.
486     (e)  An order sealing a criminal history record pursuant to
487this section does not require that such record be surrendered to
488the court, and such record shall continue to be maintained by
489the department and other criminal justice agencies.
490     (4)  EFFECT OF CRIMINAL HISTORY RECORD SEALING.-A criminal
491history record of a minor or an adult which is ordered sealed by
492a court of competent jurisdiction pursuant to this section is
493confidential and exempt from the provisions of s. 119.07(1) and
494s. 24(a), Art. I of the State Constitution and is available only
495to the person who is the subject of the record, to the subject's
496attorney, to criminal justice agencies for their respective
497criminal justice purposes, which include conducting a criminal
498history background check for approval of firearms purchases or
499transfers as authorized by state or federal law, to judges in
500the state courts system for the purpose of assisting them in
501their case-related decisionmaking responsibilities, as set forth
502in s. 943.053(5), or to those entities set forth in
503subparagraphs (a)1., 4., 5., 6., and 8. for their respective
504licensing, access authorization, and employment purposes.
505     (a)  The subject of a criminal history record sealed under
506this section or under other provisions of law, including former
507s. 893.14, former s. 901.33, and former s. 943.058, may lawfully
508deny or fail to acknowledge the arrests covered by the sealed
509record, except when the subject of the record:
510     1.  Is a candidate for employment with a criminal justice
511agency;
512     2.  Is a defendant in a criminal prosecution;
513     3.  Concurrently or subsequently petitions for relief under
514this section or s. 943.0585;
515     4.  Is a candidate for admission to The Florida Bar;
516     5.  Is seeking to be employed or licensed by or to contract
517with the Department of Children and Family Services, the Agency
518for Health Care Administration, the Agency for Persons with
519Disabilities, or the Department of Juvenile Justice or to be
520employed or used by such contractor or licensee in a sensitive
521position having direct contact with children, the
522developmentally disabled, the aged, or the elderly as provided
523in s. 110.1127(3), s. 393.063, s. 394.4572(1), s. 397.451, s.
524402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4), s.
525415.103, chapter 916, s. 985.644, chapter 400, or chapter 429;
526     6.  Is seeking to be employed or licensed by the Department
527of Education, any district school board, any university
528laboratory school, any charter school, any private or parochial
529school, or any local governmental entity that licenses child
530care facilities;
531     7.  Is attempting to purchase a firearm from a licensed
532importer, licensed manufacturer, or licensed dealer and is
533subject to a criminal history check under state or federal law;
534or
535     8.  Is seeking authorization from a Florida seaport
536identified in s. 311.09 for employment within or access to one
537or more of such seaports pursuant to s. 311.12.
538     (b)  Subject to the exceptions in paragraph (a), a person
539who has been granted a sealing under this section, former s.
540893.14, former s. 901.33, or former s. 943.058 may not be held
541under any provision of law of this state to commit perjury or to
542be otherwise liable for giving a false statement by reason of
543such person's failure to recite or acknowledge a sealed criminal
544history record.
545     (c)  Information relating to the existence of a sealed
546criminal record provided in accordance with the provisions of
547paragraph (a) is confidential and exempt from the provisions of
548s. 119.07(1) and s. 24(a), Art. I of the State Constitution,
549except that the department shall disclose the sealed criminal
550history record to the entities set forth in subparagraphs (a)1.,
5514., 5., 6., and 8. for their respective licensing, access
552authorization, and employment purposes. It is unlawful for any
553employee of an entity set forth in subparagraph (a)1.,
554subparagraph (a)4., subparagraph (a)5., subparagraph (a)6., or
555subparagraph (a)8. to disclose information relating to the
556existence of a sealed criminal history record of a person
557seeking employment, access authorization, or licensure with such
558entity or contractor, except to the person to whom the criminal
559history record relates or to persons having direct
560responsibility for employment, access authorization, or
561licensure decisions. Any person who violates the provisions of
562this paragraph commits a misdemeanor of the first degree,
563punishable as provided in s. 775.082 or s. 775.083.
564     (5)  SEALING OF CRIMINAL HISTORY RECORD AFTER PRIOR SEALING
565OR EXPUNCTION.-
566     (a)  A court may seal a person's criminal history record
567after a prior criminal history record has been sealed or
568expunged only if the person obtains a certificate from the
569department to seal the criminal history record. The department
570shall issue the certificate for a second sealing only if:
571     1.  The person has had only one prior expunction or sealing
572of his or her criminal history record under s. 943.0585 or this
573section or one prior expunction following the sealing of the
574same arrest or alleged criminal activity that was expunged;
575     2.  The person has not been arrested in this state during
576the 5-year period prior to the date on which the application for
577the certificate is filed; and
578     3.  The person has not previously sealed or expunged a
579criminal history record that involved the same offense to which
580the petition to seal pertains.
581     (b)  All other provisions and requirements of this section
582apply to an application to seal a second criminal history
583record.
584     (6)(5)  STATUTORY REFERENCES.-Any reference to any other
585chapter, section, or subdivision of the Florida Statutes in this
586section constitutes a general reference under the doctrine of
587incorporation by reference.
588     Section 3.  This act shall take effect July 1, 2010.


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