HB 961

1
A bill to be entitled
2An act relating to criminal justice; providing a short
3title; providing legislative intent; requiring state
4agencies and regulatory boards to prepare reports that
5identify and evaluate restrictions on licensing and
6employment for ex-offenders; amending s. 112.011, F.S.;
7prohibiting state agencies from denying an application for
8a license, permit, certificate, or employment based on a
9person's lack of civil rights; providing an exception;
10amending s. 768.096, F.S.; requiring an employer to review
11the results of a criminal background investigation;
12requiring an employer not to place an employee who has a
13criminal record in a position where conduct similar to the
14employee's past criminal conduct would be facilitated;
15requiring an employer to determine that the criminal
16background investigation does not demonstrate that the
17employee is unsuitable for the particular work to be
18performed or the context of the employment in general;
19amending s. 943.0585, F.S.; clarifying under what
20circumstances a person may legally deny the existence of
21an expunged criminal history record; authorizing the
22disclosure of the contents of an expunged record upon
23receipt of a written, notarized request from the record
24subject; requiring clerks of the court to post information
25relating to procedures to seal or expunge criminal history
26records on the clerk's website; amending s. 943.059, F.S.;
27clarifying under what circumstances a person may legally
28deny the existence of a sealed criminal history record;
29authorizing a court to seal a criminal history record of a
30person who had a prior criminal history record sealed or
31expunged; providing an effective date.
32
33Be It Enacted by the Legislature of the State of Florida:
34
35     Section 1.  This act may be cited as the "Keep Florida
36Working Act."
37     Section 2.  Restrictions on the employment of ex-offenders;
38legislative intent; state agency reporting requirements.-
39     (1)  The Legislature declares that a goal of this state is
40to clearly identify the occupations from which ex-offenders are
41disqualified based on their specific offenses. The Legislature
42intends to make employment opportunities available to ex-
43offenders in a manner that encourages them to become productive
44members of society and preserves the safety of the public. To
45this end, all state agencies shall identify all restrictions
46imposed by the agencies or by boards that regulate professions
47and occupations on employment and must attempt to define each
48restriction as narrowly as possible while continuing to maintain
49public safety.
50     (2)  Each state agency, including, but not limited to,
51professional and occupational regulatory boards, shall, by
52December 31, 2010, and every 8 years thereafter, submit to the
53Governor, the President of the Senate, and the Speaker of the
54House of Representatives a report that includes:
55     (a)  A list of all agency or board policies that disqualify
56from employment or licensure persons who have been convicted of
57a crime and have completed any incarceration and restitution to
58which they have been sentenced for such a crime.
59     (b)  A determination of whether the disqualifying policies
60are readily available to prospective employers and licensees.
61     (c)  The identification and evaluation of alternatives to
62the disqualifying policies to promote the employment of ex-
63offenders and protect the public.
64     (d)  An evaluation of whether the disqualifying polices are
65too broad and whether crimes or acts of moral turpitude that
66disqualify a person from licensure should be more specifically
67or narrowly identified.
68     Section 3.  Section 112.011, Florida Statutes, is amended
69to read:
70     112.011  Disqualification from licensing and public
71employment based on criminal conviction Felons; removal of
72disqualifications for employment, exceptions.-
73     (1)(a)  Except as provided in s. 775.16, a person may shall
74not be disqualified from employment by the state, any of its
75agencies or political subdivisions, or any municipality solely
76because of a prior conviction for a crime. However, a person may
77be denied employment by the state, any of its agencies or
78political subdivisions, or any municipality by reason of the
79prior conviction for a crime if the crime was a felony or first
80degree misdemeanor and directly related to the position of
81employment sought.
82     (b)  Except as provided in s. 775.16, a person whose civil
83rights have been restored shall not be disqualified to practice,
84pursue, or engage in any occupation, trade, vocation,
85profession, or business for which a license, permit, or
86certificate is required to be issued by the state, any of its
87agencies or political subdivisions, or any municipality solely
88because of a prior conviction for a crime. However, a person
89whose civil rights have been restored may be denied a license,
90permit, or certification to pursue, practice, or engage in an
91occupation, trade, vocation, profession, or business by reason
92of the prior conviction for a crime if the crime was a felony or
93first degree misdemeanor relevant to the standards normally
94associated with, or determined by the regulatory authority to be
95necessary for the protection of the public or other parties for,
96and directly related to the specific occupation, trade,
97vocation, profession, or business for which the license, permit,
98or certificate is sought.
99     (c)  Notwithstanding any law to the contrary, a state
100agency may not deny an application for a license, permit,
101certificate, or employment based on the applicant's lack of
102civil rights. However, this paragraph does not apply to
103applications for a license to carry a concealed weapon or
104firearm under chapter 790.
105     (2)(a)  This section does shall not apply be applicable to
106any law enforcement or correctional agency.
107     (b)  This section does shall not apply be applicable to the
108employment practices of any fire department relating to the
109hiring of firefighters. An applicant for employment with any
110fire department who has with a prior felony conviction shall be
111excluded from employment for a period of 4 years after
112expiration of sentence or final release by the Parole Commission
113unless the applicant, before prior to the expiration of the 4-
114year period, has received a full pardon or has had his or her
115civil rights restored.
116     (c)  This section does shall not apply be applicable to the
117employment practices of any county or municipality relating to
118the hiring of personnel for positions deemed to be critical to
119security or public safety pursuant to ss. 125.5801 and 166.0442.
120     (3)  Any complaint concerning the violation of this section
121shall be adjudicated in accordance with the procedures set forth
122in chapter 120 for administrative and judicial review.
123     Section 4.  Section 768.096, Florida Statutes, is amended
124to read:
125     768.096  Employer presumption against negligent hiring.-
126     (1)  In a civil action for the death of, or injury or
127damage to, a third person caused by the intentional tort of an
128employee, such employee's employer is presumed not to have been
129negligent in hiring such employee if, before hiring the
130employee, the employer conducted a background investigation of
131the prospective employee and the investigation did not reveal
132any information that reasonably demonstrated the unsuitability
133of the prospective employee for the particular work to be
134performed or for the context of the employment in general. A
135background investigation under this section must include:
136     (a)  Obtaining a criminal background investigation on the
137prospective employee under subsection (2);
138     (b)  Making a reasonable effort to contact references and
139former employers of the prospective employee concerning the
140suitability of the prospective employee for employment;
141     (c)  Requiring the prospective employee to complete a job
142application form that includes questions concerning whether he
143or she has ever been convicted of a crime, including details
144concerning the type of crime, the date of conviction and the
145penalty imposed, and whether the prospective employee has ever
146been a defendant in a civil action for intentional tort,
147including the nature of the intentional tort and the disposition
148of the action;
149     (d)  Obtaining, with written authorization from the
150prospective employee, a check of the driver's license record of
151the prospective employee if such a check is relevant to the work
152the employee will be performing and if the record can reasonably
153be obtained; and or
154     (e)  Interviewing the prospective employee.
155     (2)  To satisfy the criminal-background-investigation
156requirement of this section, an employer must request and obtain
157from the Department of Law Enforcement a check of the
158information as reported and reflected in the Florida Crime
159Information Center system as of the date of the request. The
160employer must review and consider the results of the criminal
161background investigation. If the prospective employee has
162engaged in past criminal conduct, the employer must ensure that
163the employee will not be assigned to particular work that will
164place the employee in a position in which conduct that is
165similar to the employee's past criminal conduct is facilitated.
166The employer must also determine that, notwithstanding the past
167criminal conduct of the employee, any information revealed by
168the investigation did not otherwise demonstrate the
169unsuitability of the employee for the particular work to be
170performed or the context of the employment in general.
171     (3)  The election by an employer not to conduct the
172investigation specified in subsection (1) does not raise any
173presumption that the employer failed to use reasonable care in
174hiring an employee.
175     Section 5.  Section 943.0585, Florida Statutes, is amended
176to read:
177     943.0585  Court-ordered expunction of criminal history
178records.-The courts of this state have jurisdiction over their
179own procedures, including the maintenance, expunction, and
180correction of judicial records containing criminal history
181information to the extent such procedures are not inconsistent
182with the conditions, responsibilities, and duties established by
183this section. Any court of competent jurisdiction may order a
184criminal justice agency to expunge the criminal history record
185of a minor or an adult who complies with the requirements of
186this section. The court may shall not order a criminal justice
187agency to expunge a criminal history record until the person
188seeking to expunge a criminal history record has applied for and
189received a certificate of eligibility for expunction pursuant to
190subsection (2). A criminal history record that relates to a
191violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794,
192s. 796.03, s. 800.04, s. 810.14, s. 817.034, s. 825.1025, s.
193827.071, chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s.
194893.135, s. 916.1075, a violation enumerated in s. 907.041, or
195any violation specified as a predicate offense for registration
196as a sexual predator pursuant to s. 775.21, without regard to
197whether that offense alone is sufficient to require such
198registration, or for registration as a sexual offender pursuant
199to s. 943.0435, may not be expunged, without regard to whether
200adjudication was withheld, if the defendant was found guilty of
201or pled guilty or nolo contendere to the offense, or if the
202defendant, as a minor, was found to have committed, or pled
203guilty or nolo contendere to committing, the offense as a
204delinquent act. The court may only order expunction of a
205criminal history record pertaining to one arrest or one incident
206of alleged criminal activity, except as provided in this
207section. The court may, at its sole discretion, order the
208expunction of a criminal history record pertaining to more than
209one arrest if the additional arrests directly relate to the
210original arrest. If the court intends to order the expunction of
211records pertaining to such additional arrests, such intent must
212be specified in the order. A criminal justice agency may not
213expunge any record pertaining to such additional arrests if the
214order to expunge does not articulate the intention of the court
215to expunge a record pertaining to more than one arrest. This
216section does not prevent the court from ordering the expunction
217of only a portion of a criminal history record pertaining to one
218arrest or one incident of alleged criminal activity.
219Notwithstanding any law to the contrary, a criminal justice
220agency may comply with laws, court orders, and official requests
221of other jurisdictions relating to expunction, correction, or
222confidential handling of criminal history records or information
223derived therefrom. This section does not confer any right to the
224expunction of any criminal history record, and any request for
225expunction of a criminal history record may be denied at the
226sole discretion of the court.
227     (1)  PETITION TO EXPUNGE A CRIMINAL HISTORY RECORD.-Each
228petition to a court to expunge a criminal history record is
229complete only when accompanied by:
230     (a)  A valid certificate of eligibility for expunction
231issued by the department pursuant to subsection (2).
232     (b)  The petitioner's sworn statement attesting that the
233petitioner:
234     1.  Has never, before prior to the date on which the
235petition is filed, been adjudicated guilty of a criminal offense
236or comparable ordinance violation, or been adjudicated
237delinquent for committing any felony or a misdemeanor specified
238in s. 943.051(3)(b).
239     2.  Has not been adjudicated guilty of, or adjudicated
240delinquent for committing, any of the acts stemming from the
241arrest or alleged criminal activity to which the petition
242pertains.
243     3.  Has never secured a prior sealing or expunction of a
244criminal history record under this section, former s. 893.14,
245former s. 901.33, or former s. 943.058, or from any jurisdiction
246outside the state, unless expunction is sought of a criminal
247history record previously sealed for 10 years pursuant to
248paragraph (2)(h) and the record is otherwise eligible for
249expunction.
250     4.  Is eligible for such an expunction to the best of his
251or her knowledge or belief and does not have any other petition
252to expunge or any petition to seal pending before any court.
253
254Any person who knowingly provides false information on such
255sworn statement to the court commits a felony of the third
256degree, punishable as provided in s. 775.082, s. 775.083, or s.
257775.084.
258     (2)  CERTIFICATE OF ELIGIBILITY FOR EXPUNCTION.-Before
259Prior to petitioning the court to expunge a criminal history
260record, a person seeking to expunge a criminal history record
261must shall apply to the department for a certificate of
262eligibility for expunction. The department shall, by rule
263adopted pursuant to chapter 120, establish procedures pertaining
264to the application for and issuance of certificates of
265eligibility for expunction. A certificate of eligibility for
266expunction is valid for 12 months after the date stamped on the
267certificate when issued by the department. After that time, the
268petitioner must reapply to the department for a new certificate
269of eligibility. Eligibility for a renewed certification of
270eligibility must be based on the status of the applicant and the
271law in effect at the time of the renewal application. The
272department shall issue a certificate of eligibility for
273expunction to a person who is the subject of a criminal history
274record if that person:
275     (a)  Has obtained, and submitted to the department, a
276written, certified statement from the appropriate state attorney
277or statewide prosecutor which indicates:
278     1.  That an indictment, information, or other charging
279document was not filed or issued in the case.
280     2.  That an indictment, information, or other charging
281document, if filed or issued in the case, was dismissed or nolle
282prosequi by the state attorney or statewide prosecutor, or was
283dismissed by a court of competent jurisdiction, and that none of
284the charges related to the arrest or alleged criminal activity
285to which the petition to expunge pertains resulted in a trial,
286without regard to whether the outcome of the trial was other
287than an adjudication of guilt.
288     3.  That the criminal history record does not relate to a
289violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794,
290s. 796.03, s. 800.04, s. 810.14, s. 817.034, s. 825.1025, s.
291827.071, chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s.
292893.135, s. 916.1075, a violation enumerated in s. 907.041, or
293any violation specified as a predicate offense for registration
294as a sexual predator pursuant to s. 775.21, without regard to
295whether that offense alone is sufficient to require such
296registration, or for registration as a sexual offender pursuant
297to s. 943.0435, where the defendant was found guilty of, or pled
298guilty or nolo contendere to any such offense, or that the
299defendant, as a minor, was found to have committed, or pled
300guilty or nolo contendere to committing, such an offense as a
301delinquent act, without regard to whether adjudication was
302withheld.
303     (b)  Remits a $75 processing fee to the department for
304placement in the Department of Law Enforcement Operating Trust
305Fund, unless such fee is waived by the executive director.
306     (c)  Has submitted to the department a certified copy of
307the disposition of the charge to which the petition to expunge
308pertains.
309     (d)  Has never, before prior to the date on which the
310application for a certificate of eligibility is filed, been
311adjudicated guilty of a criminal offense or comparable ordinance
312violation, or been adjudicated delinquent for committing any
313felony or a misdemeanor specified in s. 943.051(3)(b).
314     (e)  Has not been adjudicated guilty of, or adjudicated
315delinquent for committing, any of the acts stemming from the
316arrest or alleged criminal activity to which the petition to
317expunge pertains.
318     (f)  Has never secured a prior sealing or expunction of a
319criminal history record under this section, former s. 893.14,
320former s. 901.33, or former s. 943.058, unless expunction is
321sought of a criminal history record previously sealed for 10
322years pursuant to paragraph (h) and the record is otherwise
323eligible for expunction.
324     (g)  Is no longer under court supervision applicable to the
325disposition of the arrest or alleged criminal activity to which
326the petition to expunge pertains.
327     (h)  Has previously obtained a court order sealing the
328record under this section, former s. 893.14, former s. 901.33,
329or former s. 943.058 for a minimum of 10 years because
330adjudication was withheld or because all charges related to the
331arrest or alleged criminal activity to which the petition to
332expunge pertains were not dismissed before prior to trial,
333without regard to whether the outcome of the trial was other
334than an adjudication of guilt. The requirement for the record to
335have previously been sealed for a minimum of 10 years does not
336apply when a plea was not entered or all charges related to the
337arrest or alleged criminal activity to which the petition to
338expunge pertains were dismissed before prior to trial.
339     (3)  PROCESSING OF A PETITION OR ORDER TO EXPUNGE.-
340     (a)  In judicial proceedings under this section, a copy of
341the completed petition to expunge must shall be served upon the
342appropriate state attorney or the statewide prosecutor and upon
343the arresting agency; however, it is not necessary to make any
344agency other than the state a party. The appropriate state
345attorney or the statewide prosecutor and the arresting agency
346may respond to the court regarding the completed petition to
347expunge.
348     (b)  If relief is granted by the court, the clerk of the
349court shall certify copies of the order to the appropriate state
350attorney or the statewide prosecutor and the arresting agency.
351The arresting agency is responsible for forwarding the order to
352any other agency to which the arresting agency disseminated the
353criminal history record information to which the order pertains.
354The department shall forward the order to expunge to the Federal
355Bureau of Investigation. The clerk of the court shall certify a
356copy of the order to any other agency which the records of the
357court reflect has received the criminal history record from the
358court.
359     (c)  For an order to expunge entered by a court before
360prior to July 1, 1992, the department shall notify the
361appropriate state attorney or statewide prosecutor of an order
362to expunge which is contrary to law because the person who is
363the subject of the record has previously been convicted of a
364crime or comparable ordinance violation or has had a prior
365criminal history record sealed or expunged. Upon receipt of such
366notice, the appropriate state attorney or statewide prosecutor
367shall take action, within 60 days, to correct the record and
368petition the court to void the order to expunge. The department
369shall seal the record until such time as the order is voided by
370the court.
371     (d)  On or after July 1, 1992, the department or any other
372criminal justice agency is not required to act on an order to
373expunge entered by a court when such order does not comply with
374the requirements of this section. Upon receipt of such an order,
375the department must notify the issuing court, the appropriate
376state attorney or statewide prosecutor, the petitioner or the
377petitioner's attorney, and the arresting agency of the reason
378for noncompliance. The appropriate state attorney or statewide
379prosecutor shall take action within 60 days to correct the
380record and petition the court to void the order. A No cause of
381action, including contempt of court, does not shall arise
382against any criminal justice agency for failure to comply with
383an order to expunge if when the petitioner for such order failed
384to obtain the certificate of eligibility as required by this
385section or such order does not otherwise comply with the
386requirements of this section.
387     (4)  EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.-Any
388criminal history record of a minor or an adult which is ordered
389expunged by a court of competent jurisdiction pursuant to this
390section must be physically destroyed or obliterated by any
391criminal justice agency having custody of such record; except
392that any criminal history record in the custody of the
393department must be retained in all cases. A criminal history
394record ordered expunged that is retained by the department is
395confidential and exempt from the provisions of s. 119.07(1) and
396s. 24(a), Art. I of the State Constitution and not available to
397any person or entity except upon order of a court of competent
398jurisdiction. A criminal justice agency may retain a notation
399indicating compliance with an order to expunge.
400     (a)  The person who is the subject of a criminal history
401record that is expunged under this section or under other
402provisions of law, including former s. 893.14, former s. 901.33,
403and former s. 943.058, may lawfully deny or fail to acknowledge
404the arrests and subsequent dispositions covered by the expunged
405record, except when the subject of the record:
406     1.  Is a candidate for employment with a criminal justice
407agency;
408     2.  Is a defendant in a criminal prosecution;
409     3.  Concurrently or subsequently petitions for relief under
410this section or s. 943.059;
411     4.  Is a candidate for admission to The Florida Bar;
412     5.  Is seeking to be employed or licensed by or to contract
413with the Department of Children and Family Services, the Agency
414for Health Care Administration, the Agency for Persons with
415Disabilities, or the Department of Juvenile Justice or to be
416employed or used by such contractor or licensee in a sensitive
417position having direct contact with children, the
418developmentally disabled, the aged, or the elderly as provided
419in s. 110.1127(3), s. 393.063, s. 394.4572(1), s. 397.451, s.
420402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4),
421chapter 916, s. 985.644, chapter 400, or chapter 429;
422     6.  Is seeking to be employed or licensed by the Department
423of Education, any district school board, any university
424laboratory school, any charter school, any private or parochial
425school, or any local governmental entity that licenses child
426care facilities; or
427     7.  Is seeking authorization from a seaport listed in s.
428311.09 for employment within or access to one or more of such
429seaports pursuant to s. 311.12.
430     (b)  Subject to the exceptions in paragraph (a), a person
431who has been granted an expunction under this section, former s.
432893.14, former s. 901.33, or former s. 943.058 may not be held
433under any provision of law of this state to commit perjury or to
434be otherwise liable for giving a false statement by reason of
435such person's failure to recite or acknowledge an expunged
436criminal history record, including a failure to recite or
437acknowledge on an employment application.
438     (c)  Information relating to the existence of an expunged
439criminal history record which is provided in accordance with
440paragraph (a) is confidential and exempt from the provisions of
441s. 119.07(1) and s. 24(a), Art. I of the State Constitution,
442except that the department shall disclose the existence of a
443criminal history record ordered expunged to the entities set
444forth in subparagraphs (a)1., 4., 5., 6., and 7. for their
445respective licensing, access authorization, and employment
446purposes, and to criminal justice agencies for their respective
447criminal justice purposes. It is unlawful for any employee of an
448entity set forth in subparagraph (a)1., subparagraph (a)4.,
449subparagraph (a)5., subparagraph (a)6., or subparagraph (a)7. to
450disclose information relating to the existence of an expunged
451criminal history record of a person seeking employment, access
452authorization, or licensure with such entity or contractor,
453except to the person to whom the criminal history record relates
454or to persons having direct responsibility for employment,
455access authorization, or licensure decisions. Any person who
456violates this paragraph commits a misdemeanor of the first
457degree, punishable as provided in s. 775.082 or s. 775.083.
458     (d)  The department may disclose the contents of an
459expunged record to the subject of the record upon the receipt of
460a written, notarized request from the subject of the record.
461     (5)  INFORMATION.-Each website for the office of a clerk of
462court must include information relating to procedures to seal or
463expunge criminal history records. This information must include
464the link to related information on the website of the
465department.
466     (6)(5)  STATUTORY REFERENCES.-Any reference to any other
467chapter, section, or subdivision of the Florida Statutes in this
468section constitutes a general reference under the doctrine of
469incorporation by reference.
470     Section 6.  Section 943.059, Florida Statutes, is amended
471to read:
472     943.059  Court-ordered sealing of criminal history
473records.-The courts of this state shall continue to have
474jurisdiction over their own procedures, including the
475maintenance, sealing, and correction of judicial records
476containing criminal history information to the extent such
477procedures are not inconsistent with the conditions,
478responsibilities, and duties established by this section. Any
479court of competent jurisdiction may order a criminal justice
480agency to seal the criminal history record of a minor or an
481adult who complies with the requirements of this section. The
482court may shall not order a criminal justice agency to seal a
483criminal history record until the person seeking to seal a
484criminal history record has applied for and received a
485certificate of eligibility for sealing pursuant to subsection
486(2). A criminal history record that relates to a violation of s.
487393.135, s. 394.4593, s. 787.025, chapter 794, s. 796.03, s.
488800.04, s. 810.14, s. 817.034, s. 825.1025, s. 827.071, chapter
489839, s. 847.0133, s. 847.0135, s. 847.0145, s. 893.135, s.
490916.1075, a violation enumerated in s. 907.041, or any violation
491specified as a predicate offense for registration as a sexual
492predator pursuant to s. 775.21, without regard to whether that
493offense alone is sufficient to require such registration, or for
494registration as a sexual offender pursuant to s. 943.0435, may
495not be sealed, without regard to whether adjudication was
496withheld, if the defendant was found guilty of or pled guilty or
497nolo contendere to the offense, or if the defendant, as a minor,
498was found to have committed or pled guilty or nolo contendere to
499committing the offense as a delinquent act. The court may only
500order sealing of a criminal history record pertaining to one
501arrest or one incident of alleged criminal activity, except as
502provided in this section. The court may, at its sole discretion,
503order the sealing of a criminal history record pertaining to
504more than one arrest if the additional arrests directly relate
505to the original arrest. If the court intends to order the
506sealing of records pertaining to such additional arrests, such
507intent must be specified in the order. A criminal justice agency
508may not seal any record pertaining to such additional arrests if
509the order to seal does not articulate the intention of the court
510to seal records pertaining to more than one arrest. This section
511does not prevent the court from ordering the sealing of only a
512portion of a criminal history record pertaining to one arrest or
513one incident of alleged criminal activity. Notwithstanding any
514law to the contrary, a criminal justice agency may comply with
515laws, court orders, and official requests of other jurisdictions
516relating to sealing, correction, or confidential handling of
517criminal history records or information derived therefrom. This
518section does not confer any right to the sealing of any criminal
519history record, and any request for sealing a criminal history
520record may be denied at the sole discretion of the court.
521     (1)  PETITION TO SEAL A CRIMINAL HISTORY RECORD.-Each
522petition to a court to seal a criminal history record is
523complete only when accompanied by:
524     (a)  A valid certificate of eligibility for sealing issued
525by the department pursuant to subsection (2).
526     (b)  The petitioner's sworn statement attesting that the
527petitioner:
528     1.  Has never, before prior to the date on which the
529petition is filed, been adjudicated guilty of a criminal offense
530or comparable ordinance violation, or been adjudicated
531delinquent for committing any felony or a misdemeanor specified
532in s. 943.051(3)(b).
533     2.  Has not been adjudicated guilty of or adjudicated
534delinquent for committing any of the acts stemming from the
535arrest or alleged criminal activity to which the petition to
536seal pertains.
537     3.  Has never secured a prior sealing, except as provided
538in subsection (6), or expunction of a criminal history record
539under this section, former s. 893.14, former s. 901.33, former
540s. 943.058, or from any jurisdiction outside the state.
541     4.  Is eligible for such a sealing to the best of his or
542her knowledge or belief and does not have any other petition to
543seal or any petition to expunge pending before any court.
544
545Any person who knowingly provides false information on such
546sworn statement to the court commits a felony of the third
547degree, punishable as provided in s. 775.082, s. 775.083, or s.
548775.084.
549     (2)  CERTIFICATE OF ELIGIBILITY FOR SEALING.-Before Prior
550to petitioning the court to seal a criminal history record, a
551person seeking to seal a criminal history record shall apply to
552the department for a certificate of eligibility for sealing. The
553department shall, by rule adopted pursuant to chapter 120,
554establish procedures pertaining to the application for and
555issuance of certificates of eligibility for sealing. A
556certificate of eligibility for sealing is valid for 12 months
557after the date stamped on the certificate when issued by the
558department. After that time, the petitioner must reapply to the
559department for a new certificate of eligibility. Eligibility for
560a renewed certification of eligibility must be based on the
561status of the applicant and the law in effect at the time of the
562renewal application. The department shall issue a certificate of
563eligibility for sealing to a person who is the subject of a
564criminal history record provided that such person:
565     (a)  Has submitted to the department a certified copy of
566the disposition of the charge to which the petition to seal
567pertains.
568     (b)  Remits a $75 processing fee to the department for
569placement in the Department of Law Enforcement Operating Trust
570Fund, unless such fee is waived by the executive director.
571     (c)  Has never, before prior to the date on which the
572application for a certificate of eligibility is filed, been
573adjudicated guilty of a criminal offense or comparable ordinance
574violation, or been adjudicated delinquent for committing any
575felony or a misdemeanor specified in s. 943.051(3)(b).
576     (d)  Has not been adjudicated guilty of or adjudicated
577delinquent for committing any of the acts stemming from the
578arrest or alleged criminal activity to which the petition to
579seal pertains.
580     (e)  Has never secured a prior sealing, except as provided
581in subsection (6), or expunction of a criminal history record
582under this section, former s. 893.14, former s. 901.33, or
583former s. 943.058.
584     (f)  Is no longer under court supervision applicable to the
585disposition of the arrest or alleged criminal activity to which
586the petition to seal pertains.
587     (3)  PROCESSING OF A PETITION OR ORDER TO SEAL.-
588     (a)  In judicial proceedings under this section, a copy of
589the completed petition to seal shall be served upon the
590appropriate state attorney or the statewide prosecutor and upon
591the arresting agency; however, it is not necessary to make any
592agency other than the state a party. The appropriate state
593attorney or the statewide prosecutor and the arresting agency
594may respond to the court regarding the completed petition to
595seal.
596     (b)  If relief is granted by the court, the clerk of the
597court shall certify copies of the order to the appropriate state
598attorney or the statewide prosecutor and to the arresting
599agency. The arresting agency is responsible for forwarding the
600order to any other agency to which the arresting agency
601disseminated the criminal history record information to which
602the order pertains. The department shall forward the order to
603seal to the Federal Bureau of Investigation. The clerk of the
604court shall certify a copy of the order to any other agency
605which the records of the court reflect has received the criminal
606history record from the court.
607     (c)  For an order to seal entered by a court before prior
608to July 1, 1992, the department shall notify the appropriate
609state attorney or statewide prosecutor of any order to seal
610which is contrary to law because the person who is the subject
611of the record has previously been convicted of a crime or
612comparable ordinance violation or has had a prior criminal
613history record sealed, except as provided in subsection (6), or
614expunged. Upon receipt of such notice, the appropriate state
615attorney or statewide prosecutor shall take action, within 60
616days, to correct the record and petition the court to void the
617order to seal. The department shall seal the record until such
618time as the order is voided by the court.
619     (d)  On or after July 1, 1992, the department or any other
620criminal justice agency is not required to act on an order to
621seal entered by a court if when such order does not comply with
622the requirements of this section. Upon receipt of such an order,
623the department must notify the issuing court, the appropriate
624state attorney or statewide prosecutor, the petitioner or the
625petitioner's attorney, and the arresting agency of the reason
626for noncompliance. The appropriate state attorney or statewide
627prosecutor shall take action within 60 days to correct the
628record and petition the court to void the order. A No cause of
629action, including contempt of court, does not shall arise
630against any criminal justice agency for failure to comply with
631an order to seal if when the petitioner for such order failed to
632obtain the certificate of eligibility as required by this
633section or if when such order does not comply with the
634requirements of this section.
635     (e)  An order sealing a criminal history record pursuant to
636this section does not require that such record be surrendered to
637the court, and such record shall continue to be maintained by
638the department and other criminal justice agencies.
639     (4)  EFFECT OF CRIMINAL HISTORY RECORD SEALING.-A criminal
640history record of a minor or an adult which is ordered sealed by
641a court of competent jurisdiction pursuant to this section is
642confidential and exempt from the provisions of s. 119.07(1) and
643s. 24(a), Art. I of the State Constitution and is available only
644to the person who is the subject of the record, to the subject's
645attorney, to criminal justice agencies for their respective
646criminal justice purposes, which include conducting a criminal
647history background check for approval of firearms purchases or
648transfers as authorized by state or federal law, to judges in
649the state courts system for the purpose of assisting them in
650their case-related decisionmaking responsibilities, as set forth
651in s. 943.053(5), or to those entities set forth in
652subparagraphs (a)1., 4., 5., 6., and 8. for their respective
653licensing, access authorization, and employment purposes.
654     (a)  The subject of a criminal history record sealed under
655this section or under other provisions of law, including former
656s. 893.14, former s. 901.33, and former s. 943.058, may lawfully
657deny or fail to acknowledge the arrests and subsequent
658dispositions covered by the sealed record, except when the
659subject of the record:
660     1.  Is a candidate for employment with a criminal justice
661agency;
662     2.  Is a defendant in a criminal prosecution;
663     3.  Concurrently or subsequently petitions for relief under
664this section or s. 943.0585;
665     4.  Is a candidate for admission to The Florida Bar;
666     5.  Is seeking to be employed or licensed by or to contract
667with the Department of Children and Family Services, the Agency
668for Health Care Administration, the Agency for Persons with
669Disabilities, or the Department of Juvenile Justice or to be
670employed or used by such contractor or licensee in a sensitive
671position having direct contact with children, the
672developmentally disabled, the aged, or the elderly as provided
673in s. 110.1127(3), s. 393.063, s. 394.4572(1), s. 397.451, s.
674402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4), s.
675415.103, chapter 916, s. 985.644, chapter 400, or chapter 429;
676     6.  Is seeking to be employed or licensed by the Department
677of Education, any district school board, any university
678laboratory school, any charter school, any private or parochial
679school, or any local governmental entity that licenses child
680care facilities;
681     7.  Is attempting to purchase a firearm from a licensed
682importer, licensed manufacturer, or licensed dealer and is
683subject to a criminal history check under state or federal law;
684or
685     8.  Is seeking authorization from a Florida seaport
686identified in s. 311.09 for employment within or access to one
687or more of such seaports pursuant to s. 311.12.
688     (b)  Subject to the exceptions in paragraph (a), a person
689who has been granted a sealing under this section, former s.
690893.14, former s. 901.33, or former s. 943.058 may not be held
691under any provision of law of this state to commit perjury or to
692be otherwise liable for giving a false statement by reason of
693such person's failure to recite or acknowledge a sealed criminal
694history record, including failure to recite or acknowledge on an
695employment application.
696     (c)  Information relating to the existence of a sealed
697criminal record provided in accordance with the provisions of
698paragraph (a) is confidential and exempt from the provisions of
699s. 119.07(1) and s. 24(a), Art. I of the State Constitution,
700except that the department shall disclose the sealed criminal
701history record to the entities set forth in subparagraphs (a)1.,
7024., 5., 6., and 8. for their respective licensing, access
703authorization, and employment purposes. It is unlawful for any
704employee of an entity set forth in subparagraph (a)1.,
705subparagraph (a)4., subparagraph (a)5., subparagraph (a)6., or
706subparagraph (a)8. to disclose information relating to the
707existence of a sealed criminal history record of a person
708seeking employment, access authorization, or licensure with such
709entity or contractor, except to the person to whom the criminal
710history record relates or to persons having direct
711responsibility for employment, access authorization, or
712licensure decisions. Any person who violates the provisions of
713this paragraph commits a misdemeanor of the first degree,
714punishable as provided in s. 775.082 or s. 775.083.
715     (5)  STATUTORY REFERENCES.-Any reference to any other
716chapter, section, or subdivision of the Florida Statutes in this
717section constitutes a general reference under the doctrine of
718incorporation by reference.
719     (6)  SEALING OF CRIMINAL HISTORY RECORD AFTER PRIOR SEALING
720OR EXPUNCTION.-A court may seal a person's criminal history
721record after a prior criminal history record has been sealed or
722expunged only if the person obtains a certificate from the
723department to seal the criminal history record. The department
724shall issue the certificate only if the person has not been
725arrested during the 5-year period following the date of the
726court order for the initial expunction or sealing of his or her
727criminal history record. All other provisions and requirements
728of this section apply to an application to seal a criminal
729history record after a prior criminal history record has been
730sealed or expunged.
731     Section 7.  This act shall take effect July 1, 2010.


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