Florida Senate - 2014                          SENATOR AMENDMENT
       Bill No. CS for CS for CS for SB 768
       
       
       
       
       
       
                                Ì842160tÎ842160                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 3/AD/2R         .                                
             05/02/2014 03:53 PM       .                                
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       Senator Braynon moved the following:
       
    1         Senate Amendment 
    2  
    3         Delete lines 934 - 1994
    4  and insert:
    5  787.06(3)(g) and (h), former s. 787.06(3)(h), s. 794.011,
    6  excluding s. 794.011(10), s. 794.05, former s. 796.03, former s.
    7  796.035, s. 800.04, s. 827.071, s. 847.0135(5), s. 847.0145, or
    8  s. 985.701(1) when committed against a person 16 years of age or
    9  younger.
   10         (c)1. In a criminal case in which the defendant is charged
   11  with a sexual offense, evidence of the defendant’s commission of
   12  other crimes, wrongs, or acts involving a sexual offense is
   13  admissible and may be considered for its bearing on any matter
   14  to which it is relevant.
   15         2. For the purposes of this paragraph, the term “sexual
   16  offense” means conduct proscribed by s. 787.025(2)(c),s.
   17  787.06(3)(b), (d), (f), or (g), or (h), former s. 787.06(3)(h),
   18  s. 794.011, excluding s. 794.011(10), s. 794.05, former s.
   19  796.03, former s. 796.035, s. 825.1025(2)(b), s. 827.071, s.
   20  847.0135(5), s. 847.0145, or s. 985.701(1).
   21         Section 17. Paragraph (a) of subsection (1) of section
   22  772.102, Florida Statutes, is amended to read:
   23         772.102 Definitions.—As used in this chapter, the term:
   24         (1) “Criminal activity” means to commit, to attempt to
   25  commit, to conspire to commit, or to solicit, coerce, or
   26  intimidate another person to commit:
   27         (a) Any crime that is chargeable by indictment or
   28  information under the following provisions:
   29         1. Section 210.18, relating to evasion of payment of
   30  cigarette taxes.
   31         2. Section 414.39, relating to public assistance fraud.
   32         3. Section 440.105 or s. 440.106, relating to workers’
   33  compensation.
   34         4. Part IV of chapter 501, relating to telemarketing.
   35         5. Chapter 517, relating to securities transactions.
   36         6. Section 550.235 or s. 550.3551, relating to dogracing
   37  and horseracing.
   38         7. Chapter 550, relating to jai alai frontons.
   39         8. Chapter 552, relating to the manufacture, distribution,
   40  and use of explosives.
   41         9. Chapter 562, relating to beverage law enforcement.
   42         10. Section 624.401, relating to transacting insurance
   43  without a certificate of authority, s. 624.437(4)(c)1., relating
   44  to operating an unauthorized multiple-employer welfare
   45  arrangement, or s. 626.902(1)(b), relating to representing or
   46  aiding an unauthorized insurer.
   47         11. Chapter 687, relating to interest and usurious
   48  practices.
   49         12. Section 721.08, s. 721.09, or s. 721.13, relating to
   50  real estate timeshare plans.
   51         13. Chapter 782, relating to homicide.
   52         14. Chapter 784, relating to assault and battery.
   53         15. Chapter 787, relating to kidnapping or human
   54  trafficking.
   55         16. Chapter 790, relating to weapons and firearms.
   56         17. Former section 796.03, s. 796.04, s. 796.05, or s.
   57  796.07, relating to prostitution.
   58         18. Chapter 806, relating to arson.
   59         19. Section 810.02(2)(c), relating to specified burglary of
   60  a dwelling or structure.
   61         20. Chapter 812, relating to theft, robbery, and related
   62  crimes.
   63         21. Chapter 815, relating to computer-related crimes.
   64         22. Chapter 817, relating to fraudulent practices, false
   65  pretenses, fraud generally, and credit card crimes.
   66         23. Section 827.071, relating to commercial sexual
   67  exploitation of children.
   68         24. Chapter 831, relating to forgery and counterfeiting.
   69         25. Chapter 832, relating to issuance of worthless checks
   70  and drafts.
   71         26. Section 836.05, relating to extortion.
   72         27. Chapter 837, relating to perjury.
   73         28. Chapter 838, relating to bribery and misuse of public
   74  office.
   75         29. Chapter 843, relating to obstruction of justice.
   76         30. Section 847.011, s. 847.012, s. 847.013, s. 847.06, or
   77  s. 847.07, relating to obscene literature and profanity.
   78         31. Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s.
   79  849.25, relating to gambling.
   80         32. Chapter 893, relating to drug abuse prevention and
   81  control.
   82         33. Section 914.22 or s. 914.23, relating to witnesses,
   83  victims, or informants.
   84         34. Section 918.12 or s. 918.13, relating to tampering with
   85  jurors and evidence.
   86         Section 18. Paragraph (m) of subsection (1) of section
   87  775.0877, Florida Statutes, is amended to read:
   88         775.0877 Criminal transmission of HIV; procedures;
   89  penalties.—
   90         (1) In any case in which a person has been convicted of or
   91  has pled nolo contendere or guilty to, regardless of whether
   92  adjudication is withheld, any of the following offenses, or the
   93  attempt thereof, which offense or attempted offense involves the
   94  transmission of body fluids from one person to another:
   95         (m) Sections 796.03, 796.07, and 796.08, relating to
   96  prostitution; or
   97         (n) Section 381.0041(11)(b), relating to donation of blood,
   98  plasma, organs, skin, or other human tissue; or,
   99         (o) Section 787.06(3)(b), (d), (f), and (g), relating to
  100  human trafficking,
  101  
  102  the court shall order the offender to undergo HIV testing, to be
  103  performed under the direction of the Department of Health in
  104  accordance with s. 381.004, unless the offender has undergone
  105  HIV testing voluntarily or pursuant to procedures established in
  106  s. 381.004(2)(h)6. or s. 951.27, or any other applicable law or
  107  rule providing for HIV testing of criminal offenders or inmates,
  108  subsequent to her or his arrest for an offense enumerated in
  109  paragraphs (a)-(n) for which she or he was convicted or to which
  110  she or he pled nolo contendere or guilty. The results of an HIV
  111  test performed on an offender pursuant to this subsection are
  112  not admissible in any criminal proceeding arising out of the
  113  alleged offense.
  114         Section 19. Paragraph (a) of subsection (4) and paragraph
  115  (b) of subsection (10) of section 775.21, Florida Statutes, are
  116  amended to read:
  117         775.21 The Florida Sexual Predators Act.—
  118         (4) SEXUAL PREDATOR CRITERIA.—
  119         (a) For a current offense committed on or after October 1,
  120  1993, upon conviction, an offender shall be designated as a
  121  “sexual predator” under subsection (5), and subject to
  122  registration under subsection (6) and community and public
  123  notification under subsection (7) if:
  124         1. The felony is:
  125         a. A capital, life, or first-degree felony violation, or
  126  any attempt thereof, of s. 787.01 or s. 787.02, where the victim
  127  is a minor and the defendant is not the victim’s parent or
  128  guardian, or s. 794.011, s. 800.04, or s. 847.0145, or a
  129  violation of a similar law of another jurisdiction; or
  130         b. Any felony violation, or any attempt thereof, of s.
  131  787.01, s. 787.02, or s. 787.025(2)(c), where the victim is a
  132  minor and the defendant is not the victim’s parent or guardian;
  133  s. 787.06(3)(b), (d), (f), or (g), or (h); former s.
  134  787.06(3)(h); s. 794.011, excluding s. 794.011(10); s. 794.05;
  135  former s. 796.03; former s. 796.035; s. 800.04; s.
  136  810.145(8)(b); s. 825.1025(2)(b); s. 827.071; s. 847.0135(5); s.
  137  847.0145; or s. 985.701(1); or a violation of a similar law of
  138  another jurisdiction, and the offender has previously been
  139  convicted of or found to have committed, or has pled nolo
  140  contendere or guilty to, regardless of adjudication, any
  141  violation of s. 787.01, s. 787.02, or s. 787.025(2)(c), where
  142  the victim is a minor and the defendant is not the victim’s
  143  parent or guardian; s. 787.06(3)(b), (d), (f), or (g), or (h);
  144  former s. 787.06(3)(h); s. 794.011, excluding s. 794.011(10); s.
  145  794.05; former s. 796.03; former s. 796.035; s. 800.04; s.
  146  825.1025; s. 827.071; s. 847.0133; s. 847.0135, excluding s.
  147  847.0135(6); s. 847.0145; or s. 985.701(1); or a violation of a
  148  similar law of another jurisdiction;
  149         2. The offender has not received a pardon for any felony or
  150  similar law of another jurisdiction that is necessary for the
  151  operation of this paragraph; and
  152         3. A conviction of a felony or similar law of another
  153  jurisdiction necessary to the operation of this paragraph has
  154  not been set aside in any postconviction proceeding.
  155         (10) PENALTIES.—
  156         (b) A sexual predator who has been convicted of or found to
  157  have committed, or has pled nolo contendere or guilty to,
  158  regardless of adjudication, any violation, or attempted
  159  violation, of s. 787.01, s. 787.02, or s. 787.025(2)(c), where
  160  the victim is a minor and the defendant is not the victim’s
  161  parent or guardian; s. 794.011, excluding s. 794.011(10); s.
  162  794.05; former s. 796.03; former s. 796.035; s. 800.04; s.
  163  827.071; s. 847.0133; s. 847.0135(5); s. 847.0145; or s.
  164  985.701(1); or a violation of a similar law of another
  165  jurisdiction when the victim of the offense was a minor, and who
  166  works, whether for compensation or as a volunteer, at any
  167  business, school, child care facility, park, playground, or
  168  other place where children regularly congregate, commits a
  169  felony of the third degree, punishable as provided in s.
  170  775.082, s. 775.083, or s. 775.084.
  171         Section 20. Paragraph (a) of subsection (3) of section
  172  787.01, Florida Statutes, is amended to read:
  173         787.01 Kidnapping; kidnapping of child under age 13,
  174  aggravating circumstances.—
  175         (3)(a) A person who commits the offense of kidnapping upon
  176  a child under the age of 13 and who, in the course of committing
  177  the offense, commits one or more of the following:
  178         1. Aggravated child abuse, as defined in s. 827.03;
  179         2. Sexual battery, as defined in chapter 794, against the
  180  child;
  181         3. Lewd or lascivious battery, lewd or lascivious
  182  molestation, lewd or lascivious conduct, or lewd or lascivious
  183  exhibition, in violation of s. 800.04 or s. 847.0135(5);
  184         4. A violation of former s. 796.03 or s. 796.04, relating
  185  to prostitution, upon the child; or
  186         5. Exploitation of the child or allowing the child to be
  187  exploited, in violation of s. 450.151; or,
  188         6. A violation of s. 787.06(3)(g), relating to human
  189  trafficking,
  190  
  191  commits a life felony, punishable as provided in s. 775.082, s.
  192  775.083, or s. 775.084.
  193         Section 21. Paragraph (a) of subsection (3) of section
  194  787.02, Florida Statutes, is amended to read:
  195         787.02 False imprisonment; false imprisonment of child
  196  under age 13, aggravating circumstances.—
  197         (3)(a) A person who commits the offense of false
  198  imprisonment upon a child under the age of 13 and who, in the
  199  course of committing the offense, commits any offense enumerated
  200  in subparagraphs 1.-5., commits a felony of the first degree,
  201  punishable by imprisonment for a term of years not exceeding
  202  life or as provided in s. 775.082, s. 775.083, or s. 775.084.
  203         1. Aggravated child abuse, as defined in s. 827.03;
  204         2. Sexual battery, as defined in chapter 794, against the
  205  child;
  206         3. Lewd or lascivious battery, lewd or lascivious
  207  molestation, lewd or lascivious conduct, or lewd or lascivious
  208  exhibition, in violation of s. 800.04 or s. 847.0135(5);
  209         4. A violation of former s. 796.03 or s. 796.04, relating
  210  to prostitution, upon the child; or
  211         5. Exploitation of the child or allowing the child to be
  212  exploited, in violation of s. 450.151; or.
  213         6. A violation of s. 787.06(3)(g), relating to human
  214  trafficking.
  215         Section 22. Subsection (1) of section 794.056, Florida
  216  Statutes, is amended to read:
  217         794.056 Rape Crisis Program Trust Fund.—
  218         (1) The Rape Crisis Program Trust Fund is created within
  219  the Department of Health for the purpose of providing funds for
  220  rape crisis centers in this state. Trust fund moneys shall be
  221  used exclusively for the purpose of providing services for
  222  victims of sexual assault. Funds credited to the trust fund
  223  consist of those funds collected as an additional court
  224  assessment in each case in which a defendant pleads guilty or
  225  nolo contendere to, or is found guilty of, regardless of
  226  adjudication, an offense provided in s. 775.21(6) and (10)(a),
  227  (b), and (g); s. 784.011; s. 784.021; s. 784.03; s. 784.041; s.
  228  784.045; s. 784.048; s. 784.07; s. 784.08; s. 784.081; s.
  229  784.082; s. 784.083; s. 784.085; s. 787.01(3); s. 787.02(3); s.
  230  787.025; s. 787.06; s. 787.07; s. 794.011; s. 794.05; s. 794.08;
  231  former s. 796.03; former s. 796.035; s. 796.04; s. 796.05; s.
  232  796.06; s. 796.07(2)(a)-(d) and (i); s. 800.03; s. 800.04; s.
  233  810.14; s. 810.145; s. 812.135; s. 817.025; s. 825.102; s.
  234  825.1025; s. 827.071; s. 836.10; s. 847.0133; s. 847.0135(2); s.
  235  847.0137; s. 847.0145; s. 943.0435(4)(c), (7), (8), (9)(a),
  236  (13), and (14)(c); or s. 985.701(1). Funds credited to the trust
  237  fund also shall include revenues provided by law, moneys
  238  appropriated by the Legislature, and grants from public or
  239  private entities.
  240         Section 23. Subsection (1) of section 856.022, Florida
  241  Statutes, is amended to read:
  242         856.022 Loitering or prowling by certain offenders in close
  243  proximity to children; penalty.—
  244         (1) Except as provided in subsection (2), this section
  245  applies to a person convicted of committing, or attempting,
  246  soliciting, or conspiring to commit, any of the criminal
  247  offenses proscribed in the following statutes in this state or
  248  similar offenses in another jurisdiction against a victim who
  249  was under 18 years of age at the time of the offense: s. 787.01,
  250  s. 787.02, or s. 787.025(2)(c), where the victim is a minor and
  251  the offender was not the victim’s parent or guardian; s.
  252  787.06(3)(g); s. 794.011, excluding s. 794.011(10); s. 794.05;
  253  former s. 796.03; former s. 796.035; s. 800.04; s. 825.1025; s.
  254  827.071; s. 847.0133; s. 847.0135, excluding s. 847.0135(6); s.
  255  847.0137; s. 847.0138; s. 847.0145; s. 985.701(1); or any
  256  similar offense committed in this state which has been
  257  redesignated from a former statute number to one of those listed
  258  in this subsection, if the person has not received a pardon for
  259  any felony or similar law of another jurisdiction necessary for
  260  the operation of this subsection and a conviction of a felony or
  261  similar law of another jurisdiction necessary for the operation
  262  of this subsection has not been set aside in any postconviction
  263  proceeding.
  264         Section 24. Paragraph (a) of subsection (1) of section
  265  895.02, Florida Statutes, is amended to read:
  266         895.02 Definitions.—As used in ss. 895.01-895.08, the term:
  267         (1) “Racketeering activity” means to commit, to attempt to
  268  commit, to conspire to commit, or to solicit, coerce, or
  269  intimidate another person to commit:
  270         (a) Any crime that is chargeable by petition, indictment,
  271  or information under the following provisions of the Florida
  272  Statutes:
  273         1. Section 210.18, relating to evasion of payment of
  274  cigarette taxes.
  275         2. Section 316.1935, relating to fleeing or attempting to
  276  elude a law enforcement officer and aggravated fleeing or
  277  eluding.
  278         3. Section 403.727(3)(b), relating to environmental
  279  control.
  280         4. Section 409.920 or s. 409.9201, relating to Medicaid
  281  fraud.
  282         5. Section 414.39, relating to public assistance fraud.
  283         6. Section 440.105 or s. 440.106, relating to workers’
  284  compensation.
  285         7. Section 443.071(4), relating to creation of a fictitious
  286  employer scheme to commit reemployment assistance fraud.
  287         8. Section 465.0161, relating to distribution of medicinal
  288  drugs without a permit as an Internet pharmacy.
  289         9. Section 499.0051, relating to crimes involving
  290  contraband and adulterated drugs.
  291         10. Part IV of chapter 501, relating to telemarketing.
  292         11. Chapter 517, relating to sale of securities and
  293  investor protection.
  294         12. Section 550.235 or s. 550.3551, relating to dogracing
  295  and horseracing.
  296         13. Chapter 550, relating to jai alai frontons.
  297         14. Section 551.109, relating to slot machine gaming.
  298         15. Chapter 552, relating to the manufacture, distribution,
  299  and use of explosives.
  300         16. Chapter 560, relating to money transmitters, if the
  301  violation is punishable as a felony.
  302         17. Chapter 562, relating to beverage law enforcement.
  303         18. Section 624.401, relating to transacting insurance
  304  without a certificate of authority, s. 624.437(4)(c)1., relating
  305  to operating an unauthorized multiple-employer welfare
  306  arrangement, or s. 626.902(1)(b), relating to representing or
  307  aiding an unauthorized insurer.
  308         19. Section 655.50, relating to reports of currency
  309  transactions, when such violation is punishable as a felony.
  310         20. Chapter 687, relating to interest and usurious
  311  practices.
  312         21. Section 721.08, s. 721.09, or s. 721.13, relating to
  313  real estate timeshare plans.
  314         22. Section 775.13(5)(b), relating to registration of
  315  persons found to have committed any offense for the purpose of
  316  benefiting, promoting, or furthering the interests of a criminal
  317  gang.
  318         23. Section 777.03, relating to commission of crimes by
  319  accessories after the fact.
  320         24. Chapter 782, relating to homicide.
  321         25. Chapter 784, relating to assault and battery.
  322         26. Chapter 787, relating to kidnapping or human
  323  trafficking.
  324         27. Chapter 790, relating to weapons and firearms.
  325         28. Chapter 794, relating to sexual battery, but only if
  326  such crime was committed with the intent to benefit, promote, or
  327  further the interests of a criminal gang, or for the purpose of
  328  increasing a criminal gang member’s own standing or position
  329  within a criminal gang.
  330         29. Former section 796.03, former s. 796.035, s. 796.04, s.
  331  796.05, or s. 796.07, relating to prostitution and sex
  332  trafficking.
  333         30. Chapter 806, relating to arson and criminal mischief.
  334         31. Chapter 810, relating to burglary and trespass.
  335         32. Chapter 812, relating to theft, robbery, and related
  336  crimes.
  337         33. Chapter 815, relating to computer-related crimes.
  338         34. Chapter 817, relating to fraudulent practices, false
  339  pretenses, fraud generally, and credit card crimes.
  340         35. Chapter 825, relating to abuse, neglect, or
  341  exploitation of an elderly person or disabled adult.
  342         36. Section 827.071, relating to commercial sexual
  343  exploitation of children.
  344         37. Section 828.122, relating to fighting or baiting
  345  animals.
  346         38. Chapter 831, relating to forgery and counterfeiting.
  347         39. Chapter 832, relating to issuance of worthless checks
  348  and drafts.
  349         40. Section 836.05, relating to extortion.
  350         41. Chapter 837, relating to perjury.
  351         42. Chapter 838, relating to bribery and misuse of public
  352  office.
  353         43. Chapter 843, relating to obstruction of justice.
  354         44. Section 847.011, s. 847.012, s. 847.013, s. 847.06, or
  355  s. 847.07, relating to obscene literature and profanity.
  356         45. Chapter 849, relating to gambling, lottery, gambling or
  357  gaming devices, slot machines, or any of the provisions within
  358  that chapter.
  359         46. Chapter 874, relating to criminal gangs.
  360         47. Chapter 893, relating to drug abuse prevention and
  361  control.
  362         48. Chapter 896, relating to offenses related to financial
  363  transactions.
  364         49. Sections 914.22 and 914.23, relating to tampering with
  365  or harassing a witness, victim, or informant, and retaliation
  366  against a witness, victim, or informant.
  367         50. Sections 918.12 and 918.13, relating to tampering with
  368  jurors and evidence.
  369         Section 25. Section 938.085, Florida Statutes, is amended
  370  to read:
  371         938.085 Additional cost to fund rape crisis centers.—In
  372  addition to any sanction imposed when a person pleads guilty or
  373  nolo contendere to, or is found guilty of, regardless of
  374  adjudication, a violation of s. 775.21(6) and (10)(a), (b), and
  375  (g); s. 784.011; s. 784.021; s. 784.03; s. 784.041; s. 784.045;
  376  s. 784.048; s. 784.07; s. 784.08; s. 784.081; s. 784.082; s.
  377  784.083; s. 784.085; s. 787.01(3); s. 787.02(3); 787.025; s.
  378  787.06; s. 787.07; s. 794.011; s. 794.05; s. 794.08; former s.
  379  796.03; former s. 796.035; s. 796.04; s. 796.05; s. 796.06; s.
  380  796.07(2)(a)-(d) and (i); s. 800.03; s. 800.04; s. 810.14; s.
  381  810.145; s. 812.135; s. 817.025; s. 825.102; s. 825.1025; s.
  382  827.071; s. 836.10; s. 847.0133; s. 847.0135(2); s. 847.0137; s.
  383  847.0145; s. 943.0435(4)(c), (7), (8), (9)(a), (13), and
  384  (14)(c); or s. 985.701(1), the court shall impose a surcharge of
  385  $151. Payment of the surcharge shall be a condition of
  386  probation, community control, or any other court-ordered
  387  supervision. The sum of $150 of the surcharge shall be deposited
  388  into the Rape Crisis Program Trust Fund established within the
  389  Department of Health by chapter 2003-140, Laws of Florida. The
  390  clerk of the court shall retain $1 of each surcharge that the
  391  clerk of the court collects as a service charge of the clerk’s
  392  office.
  393         Section 26. Subsection (1) of section 938.10, Florida
  394  Statutes, is amended to read:
  395         938.10 Additional court cost imposed in cases of certain
  396  crimes.—
  397         (1) If a person pleads guilty or nolo contendere to, or is
  398  found guilty of, regardless of adjudication, any offense against
  399  a minor in violation of s. 784.085, chapter 787, chapter 794,
  400  former s. 796.03, former s. 796.035, s. 800.04, chapter 827, s.
  401  847.012, s. 847.0133, s. 847.0135(5), s. 847.0138, s. 847.0145,
  402  s. 893.147(3), or s. 985.701, or any offense in violation of s.
  403  775.21, s. 823.07, s. 847.0125, s. 847.0134, or s. 943.0435, the
  404  court shall impose a court cost of $151 against the offender in
  405  addition to any other cost or penalty required by law.
  406         Section 27. Paragraph (a) of subsection (1) of section
  407  943.0435, Florida Statutes, is amended to read:
  408         943.0435 Sexual offenders required to register with the
  409  department; penalty.—
  410         (1) As used in this section, the term:
  411         (a)1. “Sexual offender” means a person who meets the
  412  criteria in sub-subparagraph a., sub-subparagraph b., sub
  413  subparagraph c., or sub-subparagraph d., as follows:
  414         a.(I) Has been convicted of committing, or attempting,
  415  soliciting, or conspiring to commit, any of the criminal
  416  offenses proscribed in the following statutes in this state or
  417  similar offenses in another jurisdiction: s. 787.01, s. 787.02,
  418  or s. 787.025(2)(c), where the victim is a minor and the
  419  defendant is not the victim’s parent or guardian; s.
  420  787.06(3)(b), (d), (f), or (g), or (h); former s. 787.06(3)(h);
  421  s. 794.011, excluding s. 794.011(10); s. 794.05; former s.
  422  796.03; former s. 796.035; s. 800.04; s. 810.145(8); s.
  423  825.1025; s. 827.071; s. 847.0133; s. 847.0135, excluding s.
  424  847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145; or s.
  425  985.701(1); or any similar offense committed in this state which
  426  has been redesignated from a former statute number to one of
  427  those listed in this sub-sub-subparagraph; and
  428         (II) Has been released on or after October 1, 1997, from
  429  the sanction imposed for any conviction of an offense described
  430  in sub-sub-subparagraph (I). For purposes of sub-sub
  431  subparagraph (I), a sanction imposed in this state or in any
  432  other jurisdiction includes, but is not limited to, a fine,
  433  probation, community control, parole, conditional release,
  434  control release, or incarceration in a state prison, federal
  435  prison, private correctional facility, or local detention
  436  facility;
  437         b. Establishes or maintains a residence in this state and
  438  who has not been designated as a sexual predator by a court of
  439  this state but who has been designated as a sexual predator, as
  440  a sexually violent predator, or by another sexual offender
  441  designation in another state or jurisdiction and was, as a
  442  result of such designation, subjected to registration or
  443  community or public notification, or both, or would be if the
  444  person were a resident of that state or jurisdiction, without
  445  regard to whether the person otherwise meets the criteria for
  446  registration as a sexual offender;
  447         c. Establishes or maintains a residence in this state who
  448  is in the custody or control of, or under the supervision of,
  449  any other state or jurisdiction as a result of a conviction for
  450  committing, or attempting, soliciting, or conspiring to commit,
  451  any of the criminal offenses proscribed in the following
  452  statutes or similar offense in another jurisdiction: s. 787.01,
  453  s. 787.02, or s. 787.025(2)(c), where the victim is a minor and
  454  the defendant is not the victim’s parent or guardian; s.
  455  787.06(3)(b), (d), (f), or (g), or (h); former s. 787.06(3)(h);
  456  s. 794.011, excluding s. 794.011(10); s. 794.05; former s.
  457  796.03; former s. 796.035; s. 800.04; s. 810.145(8); s.
  458  825.1025; s. 827.071; s. 847.0133; s. 847.0135, excluding s.
  459  847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145; or s.
  460  985.701(1); or any similar offense committed in this state which
  461  has been redesignated from a former statute number to one of
  462  those listed in this sub-subparagraph; or
  463         d. On or after July 1, 2007, has been adjudicated
  464  delinquent for committing, or attempting, soliciting, or
  465  conspiring to commit, any of the criminal offenses proscribed in
  466  the following statutes in this state or similar offenses in
  467  another jurisdiction when the juvenile was 14 years of age or
  468  older at the time of the offense:
  469         (I) Section 794.011, excluding s. 794.011(10);
  470         (II) Section 800.04(4)(b) where the victim is under 12
  471  years of age or where the court finds sexual activity by the use
  472  of force or coercion;
  473         (III) Section 800.04(5)(c)1. where the court finds
  474  molestation involving unclothed genitals; or
  475         (IV) Section 800.04(5)(d) where the court finds the use of
  476  force or coercion and unclothed genitals.
  477         2. For all qualifying offenses listed in sub-subparagraph
  478  (1)(a)1.d., the court shall make a written finding of the age of
  479  the offender at the time of the offense.
  480  
  481  For each violation of a qualifying offense listed in this
  482  subsection, the court shall make a written finding of the age of
  483  the victim at the time of the offense. For a violation of s.
  484  800.04(4), the court shall additionally make a written finding
  485  indicating that the offense did or did not involve sexual
  486  activity and indicating that the offense did or did not involve
  487  force or coercion. For a violation of s. 800.04(5), the court
  488  shall additionally make a written finding that the offense did
  489  or did not involve unclothed genitals or genital area and that
  490  the offense did or did not involve the use of force or coercion.
  491         Section 28. Section 943.0585, Florida Statutes, is amended
  492  to read:
  493         943.0585 Court-ordered expunction of criminal history
  494  records.—The courts of this state have jurisdiction over their
  495  own procedures, including the maintenance, expunction, and
  496  correction of judicial records containing criminal history
  497  information to the extent such procedures are not inconsistent
  498  with the conditions, responsibilities, and duties established by
  499  this section. Any court of competent jurisdiction may order a
  500  criminal justice agency to expunge the criminal history record
  501  of a minor or an adult who complies with the requirements of
  502  this section. The court may shall not order a criminal justice
  503  agency to expunge a criminal history record until the person
  504  seeking to expunge a criminal history record has applied for and
  505  received a certificate of eligibility for expunction pursuant to
  506  subsection (2). A criminal history record that relates to a
  507  violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794,
  508  former s. 796.03, s. 800.04, s. 810.14, s. 817.034, s. 825.1025,
  509  s. 827.071, chapter 839, s. 847.0133, s. 847.0135, s. 847.0145,
  510  s. 893.135, s. 916.1075, a violation enumerated in s. 907.041,
  511  or any violation specified as a predicate offense for
  512  registration as a sexual predator pursuant to s. 775.21, without
  513  regard to whether that offense alone is sufficient to require
  514  such registration, or for registration as a sexual offender
  515  pursuant to s. 943.0435, may not be expunged, without regard to
  516  whether adjudication was withheld, if the defendant was found
  517  guilty of or pled guilty or nolo contendere to the offense, or
  518  if the defendant, as a minor, was found to have committed, or
  519  pled guilty or nolo contendere to committing, the offense as a
  520  delinquent act. The court may only order expunction of a
  521  criminal history record pertaining to one arrest or one incident
  522  of alleged criminal activity, except as provided in this
  523  section. The court may, at its sole discretion, order the
  524  expunction of a criminal history record pertaining to more than
  525  one arrest if the additional arrests directly relate to the
  526  original arrest. If the court intends to order the expunction of
  527  records pertaining to such additional arrests, such intent must
  528  be specified in the order. A criminal justice agency may not
  529  expunge any record pertaining to such additional arrests if the
  530  order to expunge does not articulate the intention of the court
  531  to expunge a record pertaining to more than one arrest. This
  532  section does not prevent the court from ordering the expunction
  533  of only a portion of a criminal history record pertaining to one
  534  arrest or one incident of alleged criminal activity.
  535  Notwithstanding any law to the contrary, a criminal justice
  536  agency may comply with laws, court orders, and official requests
  537  of other jurisdictions relating to expunction, correction, or
  538  confidential handling of criminal history records or information
  539  derived therefrom. This section does not confer any right to the
  540  expunction of any criminal history record, and any request for
  541  expunction of a criminal history record may be denied at the
  542  sole discretion of the court.
  543         (1) PETITION TO EXPUNGE A CRIMINAL HISTORY RECORD.—Each
  544  petition to a court to expunge a criminal history record is
  545  complete only when accompanied by:
  546         (a) A valid certificate of eligibility for expunction
  547  issued by the department pursuant to subsection (2).
  548         (b) The petitioner’s sworn statement attesting that the
  549  petitioner:
  550         1. Has never, prior to the date on which the petition is
  551  filed, been adjudicated guilty of a criminal offense or
  552  comparable ordinance violation, or been adjudicated delinquent
  553  for committing any felony or a misdemeanor specified in s.
  554  943.051(3)(b).
  555         2. Has not been adjudicated guilty of, or adjudicated
  556  delinquent for committing, any of the acts stemming from the
  557  arrest or alleged criminal activity to which the petition
  558  pertains.
  559         3. Has never secured a prior sealing or expunction of a
  560  criminal history record under this section, s. 943.059, former
  561  s. 893.14, former s. 901.33, or former s. 943.058, unless
  562  expunction is sought of a criminal history record previously
  563  sealed for 10 years pursuant to paragraph (2)(h) and the record
  564  is otherwise eligible for expunction.
  565         4. Is eligible for such an expunction to the best of his or
  566  her knowledge or belief and does not have any other petition to
  567  expunge or any petition to seal pending before any court.
  568  
  569  A Any person who knowingly provides false information on such
  570  sworn statement to the court commits a felony of the third
  571  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  572  775.084.
  573         (2) CERTIFICATE OF ELIGIBILITY FOR EXPUNCTION.—Before Prior
  574  to petitioning the court to expunge a criminal history record, a
  575  person seeking to expunge a criminal history record shall apply
  576  to the department for a certificate of eligibility for
  577  expunction. The department shall, by rule adopted pursuant to
  578  chapter 120, establish procedures pertaining to the application
  579  for and issuance of certificates of eligibility for expunction.
  580  A certificate of eligibility for expunction is valid for 12
  581  months after the date stamped on the certificate when issued by
  582  the department. After that time, the petitioner must reapply to
  583  the department for a new certificate of eligibility. Eligibility
  584  for a renewed certification of eligibility must be based on the
  585  status of the applicant and the law in effect at the time of the
  586  renewal application. The department shall issue a certificate of
  587  eligibility for expunction to a person who is the subject of a
  588  criminal history record if that person:
  589         (a) Has obtained, and submitted to the department, a
  590  written, certified statement from the appropriate state attorney
  591  or statewide prosecutor which indicates:
  592         1. That an indictment, information, or other charging
  593  document was not filed or issued in the case.
  594         2. That an indictment, information, or other charging
  595  document, if filed or issued in the case, was dismissed or nolle
  596  prosequi by the state attorney or statewide prosecutor, or was
  597  dismissed by a court of competent jurisdiction, and that none of
  598  the charges related to the arrest or alleged criminal activity
  599  to which the petition to expunge pertains resulted in a trial,
  600  without regard to whether the outcome of the trial was other
  601  than an adjudication of guilt.
  602         3. That the criminal history record does not relate to a
  603  violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794,
  604  former s. 796.03, s. 800.04, s. 810.14, s. 817.034, s. 825.1025,
  605  s. 827.071, chapter 839, s. 847.0133, s. 847.0135, s. 847.0145,
  606  s. 893.135, s. 916.1075, a violation enumerated in s. 907.041,
  607  or any violation specified as a predicate offense for
  608  registration as a sexual predator pursuant to s. 775.21, without
  609  regard to whether that offense alone is sufficient to require
  610  such registration, or for registration as a sexual offender
  611  pursuant to s. 943.0435, where the defendant was found guilty
  612  of, or pled guilty or nolo contendere to any such offense, or
  613  that the defendant, as a minor, was found to have committed, or
  614  pled guilty or nolo contendere to committing, such an offense as
  615  a delinquent act, without regard to whether adjudication was
  616  withheld.
  617         (b) Remits a $75 processing fee to the department for
  618  placement in the Department of Law Enforcement Operating Trust
  619  Fund, unless such fee is waived by the executive director.
  620         (c) Has submitted to the department a certified copy of the
  621  disposition of the charge to which the petition to expunge
  622  pertains.
  623         (d) Has never, prior to the date on which the application
  624  for a certificate of eligibility is filed, been adjudicated
  625  guilty of a criminal offense or comparable ordinance violation,
  626  or been adjudicated delinquent for committing any felony or a
  627  misdemeanor specified in s. 943.051(3)(b).
  628         (e) Has not been adjudicated guilty of, or adjudicated
  629  delinquent for committing, any of the acts stemming from the
  630  arrest or alleged criminal activity to which the petition to
  631  expunge pertains.
  632         (f) Has never secured a prior sealing or expunction of a
  633  criminal history record under this section, s. 943.059, former
  634  s. 893.14, former s. 901.33, or former s. 943.058, unless
  635  expunction is sought of a criminal history record previously
  636  sealed for 10 years pursuant to paragraph (h) and the record is
  637  otherwise eligible for expunction.
  638         (g) Is no longer under court supervision applicable to the
  639  disposition of the arrest or alleged criminal activity to which
  640  the petition to expunge pertains.
  641         (h) Has previously obtained a court order sealing the
  642  record under this section, former s. 893.14, former s. 901.33,
  643  or former s. 943.058 for a minimum of 10 years because
  644  adjudication was withheld or because all charges related to the
  645  arrest or alleged criminal activity to which the petition to
  646  expunge pertains were not dismissed prior to trial, without
  647  regard to whether the outcome of the trial was other than an
  648  adjudication of guilt. The requirement for the record to have
  649  previously been sealed for a minimum of 10 years does not apply
  650  when a plea was not entered or all charges related to the arrest
  651  or alleged criminal activity to which the petition to expunge
  652  pertains were dismissed prior to trial.
  653         (3) PROCESSING OF A PETITION OR ORDER TO EXPUNGE.—
  654         (a) In judicial proceedings under this section, a copy of
  655  the completed petition to expunge shall be served upon the
  656  appropriate state attorney or the statewide prosecutor and upon
  657  the arresting agency; however, it is not necessary to make any
  658  agency other than the state a party. The appropriate state
  659  attorney or the statewide prosecutor and the arresting agency
  660  may respond to the court regarding the completed petition to
  661  expunge.
  662         (b) If relief is granted by the court, the clerk of the
  663  court shall certify copies of the order to the appropriate state
  664  attorney or the statewide prosecutor and the arresting agency.
  665  The arresting agency is responsible for forwarding the order to
  666  any other agency to which the arresting agency disseminated the
  667  criminal history record information to which the order pertains.
  668  The department shall forward the order to expunge to the Federal
  669  Bureau of Investigation. The clerk of the court shall certify a
  670  copy of the order to any other agency which the records of the
  671  court reflect has received the criminal history record from the
  672  court.
  673         (c) For an order to expunge entered by a court prior to
  674  July 1, 1992, the department shall notify the appropriate state
  675  attorney or statewide prosecutor of an order to expunge which is
  676  contrary to law because the person who is the subject of the
  677  record has previously been convicted of a crime or comparable
  678  ordinance violation or has had a prior criminal history record
  679  sealed or expunged. Upon receipt of such notice, the appropriate
  680  state attorney or statewide prosecutor shall take action, within
  681  60 days, to correct the record and petition the court to void
  682  the order to expunge. The department shall seal the record until
  683  such time as the order is voided by the court.
  684         (d) On or after July 1, 1992, the department or any other
  685  criminal justice agency is not required to act on an order to
  686  expunge entered by a court when such order does not comply with
  687  the requirements of this section. Upon receipt of such an order,
  688  the department must notify the issuing court, the appropriate
  689  state attorney or statewide prosecutor, the petitioner or the
  690  petitioner’s attorney, and the arresting agency of the reason
  691  for noncompliance. The appropriate state attorney or statewide
  692  prosecutor shall take action within 60 days to correct the
  693  record and petition the court to void the order. No cause of
  694  action, including contempt of court, shall arise against any
  695  criminal justice agency for failure to comply with an order to
  696  expunge when the petitioner for such order failed to obtain the
  697  certificate of eligibility as required by this section or such
  698  order does not otherwise comply with the requirements of this
  699  section.
  700         (4) EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.—Any
  701  criminal history record of a minor or an adult which is ordered
  702  expunged by a court of competent jurisdiction pursuant to this
  703  section must be physically destroyed or obliterated by any
  704  criminal justice agency having custody of such record; except
  705  that any criminal history record in the custody of the
  706  department must be retained in all cases. A criminal history
  707  record ordered expunged that is retained by the department is
  708  confidential and exempt from the provisions of s. 119.07(1) and
  709  s. 24(a), Art. I of the State Constitution and not available to
  710  any person or entity except upon order of a court of competent
  711  jurisdiction. A criminal justice agency may retain a notation
  712  indicating compliance with an order to expunge.
  713         (a) The person who is the subject of a criminal history
  714  record that is expunged under this section or under other
  715  provisions of law, including former s. 893.14, former s. 901.33,
  716  and former s. 943.058, may lawfully deny or fail to acknowledge
  717  the arrests covered by the expunged record, except when the
  718  subject of the record:
  719         1. Is a candidate for employment with a criminal justice
  720  agency;
  721         2. Is a defendant in a criminal prosecution;
  722         3. Concurrently or subsequently petitions for relief under
  723  this section, s. 943.0583, or s. 943.059;
  724         4. Is a candidate for admission to The Florida Bar;
  725         5. Is seeking to be employed or licensed by or to contract
  726  with the Department of Children and Families, the Division of
  727  Vocational Rehabilitation within the Department of Education,
  728  the Agency for Health Care Administration, the Agency for
  729  Persons with Disabilities, the Department of Health, the
  730  Department of Elderly Affairs, or the Department of Juvenile
  731  Justice or to be employed or used by such contractor or licensee
  732  in a sensitive position having direct contact with children, the
  733  disabled, or the elderly; or
  734         6. Is seeking to be employed or licensed by the Department
  735  of Education, any district school board, any university
  736  laboratory school, any charter school, any private or parochial
  737  school, or any local governmental entity that licenses child
  738  care facilities.
  739         (b) Subject to the exceptions in paragraph (a), a person
  740  who has been granted an expunction under this section, former s.
  741  893.14, former s. 901.33, or former s. 943.058 may not be held
  742  under any provision of law of this state to commit perjury or to
  743  be otherwise liable for giving a false statement by reason of
  744  such person’s failure to recite or acknowledge an expunged
  745  criminal history record.
  746         (c) Information relating to the existence of an expunged
  747  criminal history record which is provided in accordance with
  748  paragraph (a) is confidential and exempt from the provisions of
  749  s. 119.07(1) and s. 24(a), Art. I of the State Constitution,
  750  except that the department shall disclose the existence of a
  751  criminal history record ordered expunged to the entities set
  752  forth in subparagraphs (a)1., 4., 5., 6., and 7. for their
  753  respective licensing, access authorization, and employment
  754  purposes, and to criminal justice agencies for their respective
  755  criminal justice purposes. It is unlawful for any employee of an
  756  entity set forth in subparagraph (a)1., subparagraph (a)4.,
  757  subparagraph (a)5., subparagraph (a)6., or subparagraph (a)7. to
  758  disclose information relating to the existence of an expunged
  759  criminal history record of a person seeking employment, access
  760  authorization, or licensure with such entity or contractor,
  761  except to the person to whom the criminal history record relates
  762  or to persons having direct responsibility for employment,
  763  access authorization, or licensure decisions. Any person who
  764  violates this paragraph commits a misdemeanor of the first
  765  degree, punishable as provided in s. 775.082 or s. 775.083.
  766         (5) STATUTORY REFERENCES.—Any reference to any other
  767  chapter, section, or subdivision of the Florida Statutes in this
  768  section constitutes a general reference under the doctrine of
  769  incorporation by reference.
  770         Section 29. Section 943.059, Florida Statutes, is amended
  771  to read:
  772         943.059 Court-ordered sealing of criminal history records.
  773  The courts of this state shall continue to have jurisdiction
  774  over their own procedures, including the maintenance, sealing,
  775  and correction of judicial records containing criminal history
  776  information to the extent such procedures are not inconsistent
  777  with the conditions, responsibilities, and duties established by
  778  this section. Any court of competent jurisdiction may order a
  779  criminal justice agency to seal the criminal history record of a
  780  minor or an adult who complies with the requirements of this
  781  section. The court may shall not order a criminal justice agency
  782  to seal a criminal history record until the person seeking to
  783  seal a criminal history record has applied for and received a
  784  certificate of eligibility for sealing pursuant to subsection
  785  (2). A criminal history record that relates to a violation of s.
  786  393.135, s. 394.4593, s. 787.025, chapter 794, former s. 796.03,
  787  s. 800.04, s. 810.14, s. 817.034, s. 825.1025, s. 827.071,
  788  chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s. 893.135,
  789  s. 916.1075, a violation enumerated in s. 907.041, or any
  790  violation specified as a predicate offense for registration as a
  791  sexual predator pursuant to s. 775.21, without regard to whether
  792  that offense alone is sufficient to require such registration,
  793  or for registration as a sexual offender pursuant to s.
  794  943.0435, may not be sealed, without regard to whether
  795  adjudication was withheld, if the defendant was found guilty of
  796  or pled guilty or nolo contendere to the offense, or if the
  797  defendant, as a minor, was found to have committed or pled
  798  guilty or nolo contendere to committing the offense as a
  799  delinquent act. The court may only order sealing of a criminal
  800  history record pertaining to one arrest or one incident of
  801  alleged criminal activity, except as provided in this section.
  802  The court may, at its sole discretion, order the sealing of a
  803  criminal history record pertaining to more than one arrest if
  804  the additional arrests directly relate to the original arrest.
  805  If the court intends to order the sealing of records pertaining
  806  to such additional arrests, such intent must be specified in the
  807  order. A criminal justice agency may not seal any record
  808  pertaining to such additional arrests if the order to seal does
  809  not articulate the intention of the court to seal records
  810  pertaining to more than one arrest. This section does not
  811  prevent the court from ordering the sealing of only a portion of
  812  a criminal history record pertaining to one arrest or one
  813  incident of alleged criminal activity. Notwithstanding any law
  814  to the contrary, a criminal justice agency may comply with laws,
  815  court orders, and official requests of other jurisdictions
  816  relating to sealing, correction, or confidential handling of
  817  criminal history records or information derived therefrom. This
  818  section does not confer any right to the sealing of any criminal
  819  history record, and any request for sealing a criminal history
  820  record may be denied at the sole discretion of the court.
  821         (1) PETITION TO SEAL A CRIMINAL HISTORY RECORD.—Each
  822  petition to a court to seal a criminal history record is
  823  complete only when accompanied by:
  824         (a) A valid certificate of eligibility for sealing issued
  825  by the department pursuant to subsection (2).
  826         (b) The petitioner’s sworn statement attesting that the
  827  petitioner:
  828         1. Has never, prior to the date on which the petition is
  829  filed, been adjudicated guilty of a criminal offense or
  830  comparable ordinance violation, or been adjudicated delinquent
  831  for committing any felony or a misdemeanor specified in s.
  832  943.051(3)(b).
  833         2. Has not been adjudicated guilty of or adjudicated
  834  delinquent for committing any of the acts stemming from the
  835  arrest or alleged criminal activity to which the petition to
  836  seal pertains.
  837         3. Has never secured a prior sealing or expunction of a
  838  criminal history record under this section, s. 943.0585, former
  839  s. 893.14, former s. 901.33, or former s. 943.058.
  840         4. Is eligible for such a sealing to the best of his or her
  841  knowledge or belief and does not have any other petition to seal
  842  or any petition to expunge pending before any court.
  843  
  844  A Any person who knowingly provides false information on such
  845  sworn statement to the court commits a felony of the third
  846  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  847  775.084.
  848         (2) CERTIFICATE OF ELIGIBILITY FOR SEALING.—Prior to
  849  petitioning the court to seal a criminal history record, a
  850  person seeking to seal a criminal history record shall apply to
  851  the department for a certificate of eligibility for sealing. The
  852  department shall, by rule adopted pursuant to chapter 120,
  853  establish procedures pertaining to the application for and
  854  issuance of certificates of eligibility for sealing. A
  855  certificate of eligibility for sealing is valid for 12 months
  856  after the date stamped on the certificate when issued by the
  857  department. After that time, the petitioner must reapply to the
  858  department for a new certificate of eligibility. Eligibility for
  859  a renewed certification of eligibility must be based on the
  860  status of the applicant and the law in effect at the time of the
  861  renewal application. The department shall issue a certificate of
  862  eligibility for sealing to a person who is the subject of a
  863  criminal history record provided that such person:
  864         (a) Has submitted to the department a certified copy of the
  865  disposition of the charge to which the petition to seal
  866  pertains.
  867         (b) Remits a $75 processing fee to the department for
  868  placement in the Department of Law Enforcement Operating Trust
  869  Fund, unless such fee is waived by the executive director.
  870         (c) Has never, prior to the date on which the application
  871  for a certificate of eligibility is filed, been adjudicated
  872  guilty of a criminal offense or comparable ordinance violation,
  873  or been adjudicated delinquent for committing any felony or a
  874  misdemeanor specified in s. 943.051(3)(b).
  875         (d) Has not been adjudicated guilty of or adjudicated
  876  delinquent for committing any of the acts stemming from the
  877  arrest or alleged criminal activity to which the petition to
  878  seal pertains.
  879         (e) Has never secured a prior sealing or expunction of a
  880  criminal history record under this section, s. 943.0585, former
  881  s. 893.14, former s. 901.33, or former s. 943.058.
  882         (f) Is no longer under court supervision applicable to the
  883  disposition of the arrest or alleged criminal activity to which
  884  the petition to seal pertains.
  885         (3) PROCESSING OF A PETITION OR ORDER TO SEAL.—
  886         (a) In judicial proceedings under this section, a copy of
  887  the completed petition to seal shall be served upon the
  888  appropriate state attorney or the statewide prosecutor and upon
  889  the arresting agency; however, it is not necessary to make any
  890  agency other than the state a party. The appropriate state
  891  attorney or the statewide prosecutor and the arresting agency
  892  may respond to the court regarding the completed petition to
  893  seal.
  894         (b) If relief is granted by the court, the clerk of the
  895  court shall certify copies of the order to the appropriate state
  896  attorney or the statewide prosecutor and to the arresting
  897  agency. The arresting agency is responsible for forwarding the
  898  order to any other agency to which the arresting agency
  899  disseminated the criminal history record information to which
  900  the order pertains. The department shall forward the order to
  901  seal to the Federal Bureau of Investigation. The clerk of the
  902  court shall certify a copy of the order to any other agency
  903  which the records of the court reflect has received the criminal
  904  history record from the court.
  905         (c) For an order to seal entered by a court prior to July
  906  1, 1992, the department shall notify the appropriate state
  907  attorney or statewide prosecutor of any order to seal which is
  908  contrary to law because the person who is the subject of the
  909  record has previously been convicted of a crime or comparable
  910  ordinance violation or has had a prior criminal history record
  911  sealed or expunged. Upon receipt of such notice, the appropriate
  912  state attorney or statewide prosecutor shall take action, within
  913  60 days, to correct the record and petition the court to void
  914  the order to seal. The department shall seal the record until
  915  such time as the order is voided by the court.
  916         (d) On or after July 1, 1992, the department or any other
  917  criminal justice agency is not required to act on an order to
  918  seal entered by a court when such order does not comply with the
  919  requirements of this section. Upon receipt of such an order, the
  920  department must notify the issuing court, the appropriate state
  921  attorney or statewide prosecutor, the petitioner or the
  922  petitioner’s attorney, and the arresting agency of the reason
  923  for noncompliance. The appropriate state attorney or statewide
  924  prosecutor shall take action within 60 days to correct the
  925  record and petition the court to void the order. No cause of
  926  action, including contempt of court, shall arise against any
  927  criminal justice agency for failure to comply with an order to
  928  seal when the petitioner for such order failed to obtain the
  929  certificate of eligibility as required by this section or when
  930  such order does not comply with the requirements of this
  931  section.
  932         (e) An order sealing a criminal history record pursuant to
  933  this section does not require that such record be surrendered to
  934  the court, and such record shall continue to be maintained by
  935  the department and other criminal justice agencies.
  936         (4) EFFECT OF CRIMINAL HISTORY RECORD SEALING.—A criminal
  937  history record of a minor or an adult which is ordered sealed by
  938  a court of competent jurisdiction pursuant to this section is
  939  confidential and exempt from the provisions of s. 119.07(1) and
  940  s. 24(a), Art. I of the State Constitution and is available only
  941  to the person who is the subject of the record, to the subject’s
  942  attorney, to criminal justice agencies for their respective
  943  criminal justice purposes, which include conducting a criminal
  944  history background check for approval of firearms purchases or
  945  transfers as authorized by state or federal law, to judges in
  946  the state courts system for the purpose of assisting them in
  947  their case-related decisionmaking responsibilities, as set forth
  948  in s. 943.053(5), or to those entities set forth in
  949  subparagraphs (a)1., 4., 5., 6., and 8. for their respective
  950  licensing, access authorization, and employment purposes.
  951         (a) The subject of a criminal history record sealed under
  952  this section or under other provisions of law, including former
  953  s. 893.14, former s. 901.33, and former s. 943.058, may lawfully
  954  deny or fail to acknowledge the arrests covered by the sealed
  955  record, except when the subject of the record:
  956         1. Is a candidate for employment with a criminal justice
  957  agency;
  958         2. Is a defendant in a criminal prosecution;
  959         3. Concurrently or subsequently petitions for relief under
  960  this section, s. 943.0583, or s. 943.0585;
  961         4. Is a candidate for admission to The Florida Bar;
  962         5. Is seeking to be employed or licensed by or to contract
  963  with the Department of Children and Families, the Division of
  964  Vocational Rehabilitation within the Department of Education,
  965  the Agency for Health Care Administration, the Agency for
  966  Persons with Disabilities, the Department of Health, the
  967  Department of Elderly Affairs, or the Department of Juvenile
  968  Justice or to be employed or used by such contractor or licensee
  969  in a sensitive position having direct contact with children, the
  970  disabled, or the elderly;
  971         6. Is seeking to be employed or licensed by the Department
  972  of Education, any district school board, any university
  973  laboratory school, any charter school, any private or parochial
  974  school, or any local governmental entity that licenses child
  975  care facilities; or
  976         7. Is attempting to purchase a firearm from a licensed
  977  importer, licensed manufacturer, or licensed dealer and is
  978  subject to a criminal history check under state or federal law.
  979         (b) Subject to the exceptions in paragraph (a), a person
  980  who has been granted a sealing under this section, former s.
  981  893.14, former s. 901.33, or former s. 943.058 may not be held
  982  under any provision of law of this state to commit perjury or to
  983  be otherwise liable for giving a false statement by reason of
  984  such person’s failure to recite or acknowledge a sealed criminal
  985  history record.
  986         (c) Information relating to the existence of a sealed
  987  criminal record provided in accordance with the provisions of
  988  paragraph (a) is confidential and exempt from the provisions of
  989  s. 119.07(1) and s. 24(a), Art. I of the State Constitution,
  990  except that the department shall disclose the sealed criminal
  991  history record to the entities set forth in subparagraphs (a)1.,
  992  4., 5., 6., and 8. for their respective licensing, access
  993  authorization, and employment purposes. It is unlawful for any
  994  employee of an entity set forth in subparagraph (a)1.,
  995  subparagraph (a)4., subparagraph (a)5., subparagraph (a)6., or
  996  subparagraph (a)8. to disclose information relating to the
  997  existence of a sealed criminal history record of a person
  998  seeking employment, access authorization, or licensure with such
  999  entity or contractor, except to the person to whom the criminal
 1000  history record relates or to persons having direct
 1001  responsibility for employment, access authorization, or
 1002  licensure decisions. Any person who violates the provisions of
 1003  this paragraph commits a misdemeanor of the first degree,
 1004  punishable as provided in s. 775.082 or s. 775.083.
 1005         (5) STATUTORY REFERENCES.—Any reference to any other
 1006  chapter, section, or subdivision of the Florida Statutes in this
 1007  section constitutes a general reference under the doctrine of
 1008  incorporation by reference.
 1009         Section 30. Paragraph (b) of subsection (1) of section
 1010  944.606, Florida Statutes, is amended to read:
 1011         944.606 Sexual offenders; notification upon release.—
 1012         (1) As used in this section:
 1013         (b) “Sexual offender” means a person who has been convicted
 1014  of committing, or attempting, soliciting, or conspiring to
 1015  commit, any of the criminal offenses proscribed in the following
 1016  statutes in this state or similar offenses in another
 1017  jurisdiction: s. 787.01, s. 787.02, or s. 787.025(2)(c), where
 1018  the victim is a minor and the defendant is not the victim’s
 1019  parent or guardian; s. 787.06(3)(b), (d), (f), or (g), or (h);
 1020  former s. 787.06(3)(h); s. 794.011, excluding s. 794.011(10); s.
 1021  794.05; former s. 796.03; former s. 796.035; s. 800.04; s.
 1022  810.145(8); s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135,
 1023  excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145;
 1024  or s. 985.701(1); or any similar offense committed in this state
 1025  which has been redesignated from a former statute number to one
 1026  of those listed in this subsection, when the department has
 1027  received verified information regarding such conviction; an
 1028  offender’s computerized criminal history record is not, in and
 1029  of itself, verified information.
 1030         Section 31. Paragraph (a) of subsection (1) of section
 1031  944.607, Florida Statutes, is amended to read:
 1032         944.607 Notification to Department of Law Enforcement of
 1033  information on sexual offenders.—
 1034         (1) As used in this section, the term:
 1035         (a) “Sexual offender” means a person who is in the custody
 1036  or control of, or under the supervision of, the department or is
 1037  in the custody of a private correctional facility:
 1038         1. On or after October 1, 1997, as a result of a conviction
 1039  for committing, or attempting, soliciting, or conspiring to
 1040  commit, any of the criminal offenses proscribed in the following
 1041  statutes in this state or similar offenses in another
 1042  jurisdiction: s. 787.01, s. 787.02, or s. 787.025(2)(c), where
 1043  the victim is a minor and the defendant is not the victim’s
 1044  parent or guardian; s. 787.06(3)(b), (d), (f), or (g), or (h);
 1045  former s. 787.06(3)(h); s. 794.011, excluding s. 794.011(10); s.
 1046  794.05; former s. 796.03; former s. 796.035; s. 800.04; s.
 1047  810.145(8); s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135,
 1048  excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145;
 1049  or s. 985.701(1); or any similar offense committed in this state
 1050  which has been redesignated from a former statute number to one
 1051  of those listed in this paragraph; or
 1052         2. Who establishes or maintains a residence in this state
 1053  and who has not been designated as a sexual predator by a court
 1054  of this state but who has been designated as a sexual predator,
 1055  as a sexually violent predator, or by another sexual offender
 1056  designation in another state or jurisdiction and was, as a
 1057  result of such designation, subjected to registration or
 1058  community or public notification, or both, or would be if the
 1059  person were a resident of that state or jurisdiction, without
 1060  regard as to whether the person otherwise meets the criteria for
 1061  registration as a sexual offender.
 1062         Section 32. Subsection (2) of section 948.013, Florida
 1063  Statutes, is amended to read:
 1064         948.013 Administrative probation.—
 1065         (2) Effective for an offense committed on or after July 1,
 1066  1998, a person is ineligible for placement on administrative
 1067  probation if the person is sentenced to or is serving a term of
 1068  probation or community control, regardless of the conviction or
 1069  adjudication, for committing, or attempting, conspiring, or
 1070  soliciting to commit, any of the felony offenses described in s.
 1071  787.01 or s. 787.02, where the victim is a minor and the
 1072  defendant is not the victim’s parent; s. 787.025; s.
 1073  787.06(3)(g), chapter 794; former s. 796.03; s. 800.04; s.
 1074  825.1025(2)(b); s. 827.071; s. 847.0133; s. 847.0135; or s.
 1075  847.0145.
 1076         Section 33. Subsection (1) of section 948.32, Florida
 1077  Statutes, is amended to read:
 1078         948.32 Requirements of law enforcement agency upon arrest
 1079  of persons for certain sex offenses.—
 1080         (1) When any state or local law enforcement agency
 1081  investigates or arrests a person for committing, or attempting,
 1082  soliciting, or conspiring to commit, a violation of s.
 1083  787.025(2)(c), s. 787.06(3)(g), chapter 794, former s. 796.03,
 1084  s. 800.04, s. 827.071, s.