Florida Senate - 2026                        COMMITTEE AMENDMENT
       Bill No. SB 1168
       
       
       
       
       
       
                                Ì266302tÎ266302                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/26/2026           .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       The Committee on Health Policy (Grall) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 369 and 370
    4  insert:
    5         Section 6. Paragraph (b) of subsection (6) of section
    6  943.0585, Florida Statutes, is amended to read:
    7         943.0585 Court-ordered expunction of criminal history
    8  records.—
    9         (6) EFFECT OF EXPUNCTION ORDER.—
   10         (b) The person who is the subject of a criminal history
   11  record that is expunged under this section or under other
   12  provisions of law, including former ss. 893.14, 901.33, and
   13  943.058, may lawfully deny or fail to acknowledge the arrests
   14  covered by the expunged record, except when the subject of the
   15  record:
   16         1. Is a candidate for employment with a criminal justice
   17  agency;
   18         2. Is a defendant in a criminal prosecution;
   19         3. Concurrently or subsequently petitions for relief under
   20  this section, s. 943.0583, or s. 943.059;
   21         4. Is a candidate for admission to The Florida Bar;
   22         5. Is seeking to be employed or licensed by or to contract
   23  with the Department of Children and Families, the Division of
   24  Vocational Rehabilitation within the Department of Education,
   25  the Agency for Health Care Administration, the Agency for
   26  Persons with Disabilities, the Department of Health, the
   27  Department of Elderly Affairs, or the Department of Juvenile
   28  Justice or to be employed or used by such contractor or licensee
   29  in a sensitive position having direct contact with children, the
   30  disabled, or the elderly;
   31         6.a. Is seeking to be employed or licensed by, or contract
   32  with, the Department of Education, any district unit under s.
   33  1001.30, any special district unit under s. 1011.24, the Florida
   34  School for the Deaf and the Blind under s. 1002.36, the Florida
   35  Virtual School under s. 1002.37, any virtual instruction program
   36  under s. 1002.45, any charter school under s. 1002.33, any hope
   37  operator under s. 1002.333, any alternative school under s.
   38  1008.341, any private or parochial school, or any local
   39  governmental entity that licenses child care facilities;
   40         b. Is seeking to be employed or used by a contractor or
   41  licensee under sub-subparagraph a.; or
   42         c. Is a person screened under s. 1012.467;
   43         7. Is seeking to be licensed by the Division of Insurance
   44  Agent and Agency Services within the Department of Financial
   45  Services; or
   46         8. Is seeking to be appointed as a guardian pursuant to s.
   47  744.3125; or
   48         9. Is a person screened through the Care Provider
   49  Background Screening Clearinghouse by a specified agency or
   50  qualified entity pursuant to s. 435.12.
   51         Section 7. Paragraph (b) of subsection (6) of section
   52  943.059, Florida Statutes, is amended to read:
   53         943.059 Court-ordered sealing of criminal history records.—
   54         (6) EFFECT OF ORDER.—
   55         (b) The subject of the criminal history record sealed under
   56  this section or under other provisions of law, including former
   57  ss. 893.14, 901.33, and 943.058, may lawfully deny or fail to
   58  acknowledge the arrests covered by the sealed record, except
   59  when the subject of the record:
   60         1. Is a candidate for employment with a criminal justice
   61  agency;
   62         2. Is a defendant in a criminal prosecution;
   63         3. Concurrently or subsequently petitions for relief under
   64  this section, s. 943.0583, or s. 943.0585;
   65         4. Is a candidate for admission to The Florida Bar;
   66         5. Is seeking to be employed or licensed by or to contract
   67  with the Department of Children and Families, the Division of
   68  Vocational Rehabilitation within the Department of Education,
   69  the Agency for Health Care Administration, the Agency for
   70  Persons with Disabilities, the Department of Health, the
   71  Department of Elderly Affairs, or the Department of Juvenile
   72  Justice or to be employed or used by such contractor or licensee
   73  in a sensitive position having direct contact with children, the
   74  disabled, or the elderly;
   75         6.a. Is seeking to be employed or licensed by, or contract
   76  with, the Department of Education, a district unit under s.
   77  1001.30, a special district unit under s. 1011.24, the Florida
   78  School for the Deaf and the Blind under s. 1002.36, the Florida
   79  Virtual School under s. 1002.37, a virtual instruction program
   80  under s. 1002.45, a charter school under s. 1002.33, a hope
   81  operator under s. 1002.333, an alternative school under s.
   82  1008.341, a private or parochial school, or a local governmental
   83  entity that licenses child care facilities;
   84         b. Is seeking to be employed or used by a contractor or
   85  licensee under sub-subparagraph a.; or
   86         c. Is a person screened under s. 1012.467;
   87         7. Is attempting to purchase a firearm from a licensed
   88  importer, licensed manufacturer, or licensed dealer and is
   89  subject to a criminal history check under state or federal law;
   90         8. Is seeking to be licensed by the Division of Insurance
   91  Agent and Agency Services within the Department of Financial
   92  Services;
   93         9. Is seeking to be appointed as a guardian pursuant to s.
   94  744.3125; or
   95         10. Is seeking to be licensed by the Bureau of License
   96  Issuance of the Division of Licensing within the Department of
   97  Agriculture and Consumer Services to carry a concealed weapon or
   98  concealed firearm. This subparagraph applies only in the
   99  determination of an applicant’s eligibility under s. 790.06; or
  100         11.Is a person screened through the Care Provider
  101  Background Screening Clearinghouse by a specified agency or
  102  qualified entity pursuant to s. 435.12.
  103  
  104  ================= T I T L E  A M E N D M E N T ================
  105  And the title is amended as follows:
  106         Delete line 37
  107  and insert:
  108         circumstances; amending ss. 943.0585 and 943.059,
  109         F.S.; prohibiting certain persons from denying or
  110         failing to acknowledge certain criminal history
  111         records that have been expunged or sealed,
  112         respectively; amending ss. 44.407 and 501.9741, F.S.;