Bill Text: FL H0961 | 2010 | Regular Session | Introduced

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Bill Title: Criminal Justice

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2010-04-30 - Died in Committee on Public Safety & Domestic Security Policy (CCJP) [H0961 Detail]

Download: Florida-2010-H0961-Introduced.html

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HB 961

1	A bill to be entitled
2	An act relating to criminal justice; providing a short
3	title; providing legislative intent; requiring state
4	agencies and regulatory boards to prepare reports that
5	identify and evaluate restrictions on licensing and
6	employment for ex-offenders; amending s. 112.011, F.S.;
7	prohibiting state agencies from denying an application for
8	a license, permit, certificate, or employment based on a
9	person's lack of civil rights; providing an exception;
10	amending s. 768.096, F.S.; requiring an employer to review
11	the results of a criminal background investigation;
12	requiring an employer not to place an employee who has a
13	criminal record in a position where conduct similar to the
14	employee's past criminal conduct would be facilitated;
15	requiring an employer to determine that the criminal
16	background investigation does not demonstrate that the
17	employee is unsuitable for the particular work to be
18	performed or the context of the employment in general;
19	amending s. 943.0585, F.S.; clarifying under what
20	circumstances a person may legally deny the existence of
21	an expunged criminal history record; authorizing the
22	disclosure of the contents of an expunged record upon
23	receipt of a written, notarized request from the record
24	subject; requiring clerks of the court to post information
25	relating to procedures to seal or expunge criminal history
26	records on the clerk's website; amending s. 943.059, F.S.;
27	clarifying under what circumstances a person may legally
28	deny the existence of a sealed criminal history record;
29	authorizing a court to seal a criminal history record of a
30	person who had a prior criminal history record sealed or
31	expunged; providing an effective date.
32
33	Be It Enacted by the Legislature of the State of Florida:
34
35	Section 1. This act may be cited as the "Keep Florida
36	Working Act."
37	Section 2. Restrictions on the employment of ex-offenders;
38	legislative intent; state agency reporting requirements.-
39	(1) The Legislature declares that a goal of this state is
40	to clearly identify the occupations from which ex-offenders are
41	disqualified based on their specific offenses. The Legislature
42	intends to make employment opportunities available to ex-
43	offenders in a manner that encourages them to become productive
44	members of society and preserves the safety of the public. To
45	this end, all state agencies shall identify all restrictions
46	imposed by the agencies or by boards that regulate professions
47	and occupations on employment and must attempt to define each
48	restriction as narrowly as possible while continuing to maintain
49	public safety.
50	(2) Each state agency, including, but not limited to,
51	professional and occupational regulatory boards, shall, by
52	December 31, 2010, and every 8 years thereafter, submit to the
53	Governor, the President of the Senate, and the Speaker of the
54	House of Representatives a report that includes:
55	(a) A list of all agency or board policies that disqualify
56	from employment or licensure persons who have been convicted of
57	a crime and have completed any incarceration and restitution to
58	which they have been sentenced for such a crime.
59	(b) A determination of whether the disqualifying policies
60	are readily available to prospective employers and licensees.
61	(c) The identification and evaluation of alternatives to
62	the disqualifying policies to promote the employment of ex-
63	offenders and protect the public.
64	(d) An evaluation of whether the disqualifying polices are
65	too broad and whether crimes or acts of moral turpitude that
66	disqualify a person from licensure should be more specifically
67	or narrowly identified.
68	Section 3. Section 112.011, Florida Statutes, is amended
69	to read:
70	112.011 Disqualification from licensing and public
71	employment based on criminal conviction Felons; removal of
72	disqualifications for employment, exceptions.-
73	(1)(a) Except as provided in s. 775.16, a person may shall
74	not be disqualified from employment by the state, any of its
75	agencies or political subdivisions, or any municipality solely
76	because of a prior conviction for a crime. However, a person may
77	be denied employment by the state, any of its agencies or
78	political subdivisions, or any municipality by reason of the
79	prior conviction for a crime if the crime was a felony or first
80	degree misdemeanor and directly related to the position of
81	employment sought.
82	(b) Except as provided in s. 775.16, a person whose civil
83	rights have been restored shall not be disqualified to practice,
84	pursue, or engage in any occupation, trade, vocation,
85	profession, or business for which a license, permit, or
86	certificate is required to be issued by the state, any of its
87	agencies or political subdivisions, or any municipality solely
88	because of a prior conviction for a crime. However, a person
89	whose civil rights have been restored may be denied a license,
90	permit, or certification to pursue, practice, or engage in an
91	occupation, trade, vocation, profession, or business by reason
92	of the prior conviction for a crime if the crime was a felony or
93	first degree misdemeanor relevant to the standards normally
94	associated with, or determined by the regulatory authority to be
95	necessary for the protection of the public or other parties for,
96	and directly related to the specific occupation, trade,
97	vocation, profession, or business for which the license, permit,
98	or certificate is sought.
99	(c) Notwithstanding any law to the contrary, a state
100	agency may not deny an application for a license, permit,
101	certificate, or employment based on the applicant's lack of
102	civil rights. However, this paragraph does not apply to
103	applications for a license to carry a concealed weapon or
104	firearm under chapter 790.
105	(2)(a) This section does shall not apply be applicable to
106	any law enforcement or correctional agency.
107	(b) This section does shall not apply be applicable to the
108	employment practices of any fire department relating to the
109	hiring of firefighters. An applicant for employment with any
110	fire department who has with a prior felony conviction shall be
111	excluded from employment for a period of 4 years after
112	expiration of sentence or final release by the Parole Commission
113	unless the applicant, before prior to the expiration of the 4-
114	year period, has received a full pardon or has had his or her
115	civil rights restored.
116	(c) This section does shall not apply be applicable to the
117	employment practices of any county or municipality relating to
118	the hiring of personnel for positions deemed to be critical to
119	security or public safety pursuant to ss. 125.5801 and 166.0442.
120	(3) Any complaint concerning the violation of this section
121	shall be adjudicated in accordance with the procedures set forth
122	in chapter 120 for administrative and judicial review.
123	Section 4. Section 768.096, Florida Statutes, is amended
124	to read:
125	768.096 Employer presumption against negligent hiring.-
126	(1) In a civil action for the death of, or injury or
127	damage to, a third person caused by the intentional tort of an
128	employee, such employee's employer is presumed not to have been
129	negligent in hiring such employee if, before hiring the
130	employee, the employer conducted a background investigation of
131	the prospective employee and the investigation did not reveal
132	any information that reasonably demonstrated the unsuitability
133	of the prospective employee for the particular work to be
134	performed or for the context of the employment in general. A
135	background investigation under this section must include:
136	(a) Obtaining a criminal background investigation on the
137	prospective employee under subsection (2);
138	(b) Making a reasonable effort to contact references and
139	former employers of the prospective employee concerning the
140	suitability of the prospective employee for employment;
141	(c) Requiring the prospective employee to complete a job
142	application form that includes questions concerning whether he
143	or she has ever been convicted of a crime, including details
144	concerning the type of crime, the date of conviction and the
145	penalty imposed, and whether the prospective employee has ever
146	been a defendant in a civil action for intentional tort,
147	including the nature of the intentional tort and the disposition
148	of the action;
149	(d) Obtaining, with written authorization from the
150	prospective employee, a check of the driver's license record of
151	the prospective employee if such a check is relevant to the work
152	the employee will be performing and if the record can reasonably
153	be obtained; and or
154	(e) Interviewing the prospective employee.
155	(2) To satisfy the criminal-background-investigation
156	requirement of this section, an employer must request and obtain
157	from the Department of Law Enforcement a check of the
158	information as reported and reflected in the Florida Crime
159	Information Center system as of the date of the request. The
160	employer must review and consider the results of the criminal
161	background investigation. If the prospective employee has
162	engaged in past criminal conduct, the employer must ensure that
163	the employee will not be assigned to particular work that will
164	place the employee in a position in which conduct that is
165	similar to the employee's past criminal conduct is facilitated.
166	The employer must also determine that, notwithstanding the past
167	criminal conduct of the employee, any information revealed by
168	the investigation did not otherwise demonstrate the
169	unsuitability of the employee for the particular work to be
170	performed or the context of the employment in general.
171	(3) The election by an employer not to conduct the
172	investigation specified in subsection (1) does not raise any
173	presumption that the employer failed to use reasonable care in
174	hiring an employee.
175	Section 5. Section 943.0585, Florida Statutes, is amended
176	to read:
177	943.0585 Court-ordered expunction of criminal history
178	records.-The courts of this state have jurisdiction over their
179	own procedures, including the maintenance, expunction, and
180	correction of judicial records containing criminal history
181	information to the extent such procedures are not inconsistent
182	with the conditions, responsibilities, and duties established by
183	this section. Any court of competent jurisdiction may order a
184	criminal justice agency to expunge the criminal history record
185	of a minor or an adult who complies with the requirements of
186	this section. The court may shall not order a criminal justice
187	agency to expunge a criminal history record until the person
188	seeking to expunge a criminal history record has applied for and
189	received a certificate of eligibility for expunction pursuant to
190	subsection (2). A criminal history record that relates to a
191	violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794,
192	s. 796.03, s. 800.04, s. 810.14, s. 817.034, s. 825.1025, s.
193	827.071, chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s.
194	893.135, s. 916.1075, a violation enumerated in s. 907.041, or
195	any violation specified as a predicate offense for registration
196	as a sexual predator pursuant to s. 775.21, without regard to
197	whether that offense alone is sufficient to require such
198	registration, or for registration as a sexual offender pursuant
199	to s. 943.0435, may not be expunged, without regard to whether
200	adjudication was withheld, if the defendant was found guilty of
201	or pled guilty or nolo contendere to the offense, or if the
202	defendant, as a minor, was found to have committed, or pled
203	guilty or nolo contendere to committing, the offense as a
204	delinquent act. The court may only order expunction of a
205	criminal history record pertaining to one arrest or one incident
206	of alleged criminal activity, except as provided in this
207	section. The court may, at its sole discretion, order the
208	expunction of a criminal history record pertaining to more than
209	one arrest if the additional arrests directly relate to the
210	original arrest. If the court intends to order the expunction of
211	records pertaining to such additional arrests, such intent must
212	be specified in the order. A criminal justice agency may not
213	expunge any record pertaining to such additional arrests if the
214	order to expunge does not articulate the intention of the court
215	to expunge a record pertaining to more than one arrest. This
216	section does not prevent the court from ordering the expunction
217	of only a portion of a criminal history record pertaining to one
218	arrest or one incident of alleged criminal activity.
219	Notwithstanding any law to the contrary, a criminal justice
220	agency may comply with laws, court orders, and official requests
221	of other jurisdictions relating to expunction, correction, or
222	confidential handling of criminal history records or information
223	derived therefrom. This section does not confer any right to the
224	expunction of any criminal history record, and any request for
225	expunction of a criminal history record may be denied at the
226	sole discretion of the court.
227	(1) PETITION TO EXPUNGE A CRIMINAL HISTORY RECORD.-Each
228	petition to a court to expunge a criminal history record is
229	complete only when accompanied by:
230	(a) A valid certificate of eligibility for expunction
231	issued by the department pursuant to subsection (2).
232	(b) The petitioner's sworn statement attesting that the
233	petitioner:
234	1. Has never, before prior to the date on which the
235	petition is filed, been adjudicated guilty of a criminal offense
236	or comparable ordinance violation, or been adjudicated
237	delinquent for committing any felony or a misdemeanor specified
238	in s. 943.051(3)(b).
239	2. Has not been adjudicated guilty of, or adjudicated
240	delinquent for committing, any of the acts stemming from the
241	arrest or alleged criminal activity to which the petition
242	pertains.
243	3. Has never secured a prior sealing or expunction of a
244	criminal history record under this section, former s. 893.14,
245	former s. 901.33, or former s. 943.058, or from any jurisdiction
246	outside the state, unless expunction is sought of a criminal
247	history record previously sealed for 10 years pursuant to
248	paragraph (2)(h) and the record is otherwise eligible for
249	expunction.
250	4. Is eligible for such an expunction to the best of his
251	or her knowledge or belief and does not have any other petition
252	to expunge or any petition to seal pending before any court.
253
254	Any person who knowingly provides false information on such
255	sworn statement to the court commits a felony of the third
256	degree, punishable as provided in s. 775.082, s. 775.083, or s.
257	775.084.
258	(2) CERTIFICATE OF ELIGIBILITY FOR EXPUNCTION.-Before
259	Prior to petitioning the court to expunge a criminal history
260	record, a person seeking to expunge a criminal history record
261	must shall apply to the department for a certificate of
262	eligibility for expunction. The department shall, by rule
263	adopted pursuant to chapter 120, establish procedures pertaining
264	to the application for and issuance of certificates of
265	eligibility for expunction. A certificate of eligibility for
266	expunction is valid for 12 months after the date stamped on the
267	certificate when issued by the department. After that time, the
268	petitioner must reapply to the department for a new certificate
269	of eligibility. Eligibility for a renewed certification of
270	eligibility must be based on the status of the applicant and the
271	law in effect at the time of the renewal application. The
272	department shall issue a certificate of eligibility for
273	expunction to a person who is the subject of a criminal history
274	record if that person:
275	(a) Has obtained, and submitted to the department, a
276	written, certified statement from the appropriate state attorney
277	or statewide prosecutor which indicates:
278	1. That an indictment, information, or other charging
279	document was not filed or issued in the case.
280	2. That an indictment, information, or other charging
281	document, if filed or issued in the case, was dismissed or nolle
282	prosequi by the state attorney or statewide prosecutor, or was
283	dismissed by a court of competent jurisdiction, and that none of
284	the charges related to the arrest or alleged criminal activity
285	to which the petition to expunge pertains resulted in a trial,
286	without regard to whether the outcome of the trial was other
287	than an adjudication of guilt.
288	3. That the criminal history record does not relate to a
289	violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794,
290	s. 796.03, s. 800.04, s. 810.14, s. 817.034, s. 825.1025, s.
291	827.071, chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s.
292	893.135, s. 916.1075, a violation enumerated in s. 907.041, or
293	any violation specified as a predicate offense for registration
294	as a sexual predator pursuant to s. 775.21, without regard to
295	whether that offense alone is sufficient to require such
296	registration, or for registration as a sexual offender pursuant
297	to s. 943.0435, where the defendant was found guilty of, or pled
298	guilty or nolo contendere to any such offense, or that the
299	defendant, as a minor, was found to have committed, or pled
300	guilty or nolo contendere to committing, such an offense as a
301	delinquent act, without regard to whether adjudication was
302	withheld.
303	(b) Remits a $75 processing fee to the department for
304	placement in the Department of Law Enforcement Operating Trust
305	Fund, unless such fee is waived by the executive director.
306	(c) Has submitted to the department a certified copy of
307	the disposition of the charge to which the petition to expunge
308	pertains.
309	(d) Has never, before prior to the date on which the
310	application for a certificate of eligibility is filed, been
311	adjudicated guilty of a criminal offense or comparable ordinance
312	violation, or been adjudicated delinquent for committing any
313	felony or a misdemeanor specified in s. 943.051(3)(b).
314	(e) Has not been adjudicated guilty of, or adjudicated
315	delinquent for committing, any of the acts stemming from the
316	arrest or alleged criminal activity to which the petition to
317	expunge pertains.
318	(f) Has never secured a prior sealing or expunction of a
319	criminal history record under this section, former s. 893.14,
320	former s. 901.33, or former s. 943.058, unless expunction is
321	sought of a criminal history record previously sealed for 10
322	years pursuant to paragraph (h) and the record is otherwise
323	eligible for expunction.
324	(g) Is no longer under court supervision applicable to the
325	disposition of the arrest or alleged criminal activity to which
326	the petition to expunge pertains.
327	(h) Has previously obtained a court order sealing the
328	record under this section, former s. 893.14, former s. 901.33,
329	or former s. 943.058 for a minimum of 10 years because
330	adjudication was withheld or because all charges related to the
331	arrest or alleged criminal activity to which the petition to
332	expunge pertains were not dismissed before prior to trial,
333	without regard to whether the outcome of the trial was other
334	than an adjudication of guilt. The requirement for the record to
335	have previously been sealed for a minimum of 10 years does not
336	apply when a plea was not entered or all charges related to the
337	arrest or alleged criminal activity to which the petition to
338	expunge 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
341	the completed petition to expunge must shall be served upon the
342	appropriate state attorney or the statewide prosecutor and upon
343	the arresting agency; however, it is not necessary to make any
344	agency other than the state a party. The appropriate state
345	attorney or the statewide prosecutor and the arresting agency
346	may respond to the court regarding the completed petition to
347	expunge.
348	(b) If relief is granted by the court, the clerk of the
349	court shall certify copies of the order to the appropriate state
350	attorney or the statewide prosecutor and the arresting agency.
351	The arresting agency is responsible for forwarding the order to
352	any other agency to which the arresting agency disseminated the
353	criminal history record information to which the order pertains.
354	The department shall forward the order to expunge to the Federal
355	Bureau of Investigation. The clerk of the court shall certify a
356	copy of the order to any other agency which the records of the
357	court reflect has received the criminal history record from the
358	court.
359	(c) For an order to expunge entered by a court before
360	prior to July 1, 1992, the department shall notify the
361	appropriate state attorney or statewide prosecutor of an order
362	to expunge which is contrary to law because the person who is
363	the subject of the record has previously been convicted of a
364	crime or comparable ordinance violation or has had a prior
365	criminal history record sealed or expunged. Upon receipt of such
366	notice, the appropriate state attorney or statewide prosecutor
367	shall take action, within 60 days, to correct the record and
368	petition the court to void the order to expunge. The department
369	shall seal the record until such time as the order is voided by
370	the court.
371	(d) On or after July 1, 1992, the department or any other
372	criminal justice agency is not required to act on an order to
373	expunge entered by a court when such order does not comply with
374	the requirements of this section. Upon receipt of such an order,
375	the department must notify the issuing court, the appropriate
376	state attorney or statewide prosecutor, the petitioner or the
377	petitioner's attorney, and the arresting agency of the reason
378	for noncompliance. The appropriate state attorney or statewide
379	prosecutor shall take action within 60 days to correct the
380	record and petition the court to void the order. A No cause of
381	action, including contempt of court, does not shall arise
382	against any criminal justice agency for failure to comply with
383	an order to expunge if when the petitioner for such order failed
384	to obtain the certificate of eligibility as required by this
385	section or such order does not otherwise comply with the
386	requirements of this section.
387	(4) EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.-Any
388	criminal history record of a minor or an adult which is ordered
389	expunged by a court of competent jurisdiction pursuant to this
390	section must be physically destroyed or obliterated by any
391	criminal justice agency having custody of such record; except
392	that any criminal history record in the custody of the
393	department must be retained in all cases. A criminal history
394	record ordered expunged that is retained by the department is
395	confidential and exempt from the provisions of s. 119.07(1) and
396	s. 24(a), Art. I of the State Constitution and not available to
397	any person or entity except upon order of a court of competent
398	jurisdiction. A criminal justice agency may retain a notation
399	indicating compliance with an order to expunge.
400	(a) The person who is the subject of a criminal history
401	record that is expunged under this section or under other
402	provisions of law, including former s. 893.14, former s. 901.33,
403	and former s. 943.058, may lawfully deny or fail to acknowledge
404	the arrests and subsequent dispositions covered by the expunged
405	record, except when the subject of the record:
406	1. Is a candidate for employment with a criminal justice
407	agency;
408	2. Is a defendant in a criminal prosecution;
409	3. Concurrently or subsequently petitions for relief under
410	this 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
413	with the Department of Children and Family Services, the Agency
414	for Health Care Administration, the Agency for Persons with
415	Disabilities, or the Department of Juvenile Justice or to be
416	employed or used by such contractor or licensee in a sensitive
417	position having direct contact with children, the
418	developmentally disabled, the aged, or the elderly as provided
419	in s. 110.1127(3), s. 393.063, s. 394.4572(1), s. 397.451, s.
420	402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4),
421	chapter 916, s. 985.644, chapter 400, or chapter 429;
422	6. Is seeking to be employed or licensed by the Department
423	of Education, any district school board, any university
424	laboratory school, any charter school, any private or parochial
425	school, or any local governmental entity that licenses child
426	care facilities; or
427	7. Is seeking authorization from a seaport listed in s.
428	311.09 for employment within or access to one or more of such
429	seaports pursuant to s. 311.12.
430	(b) Subject to the exceptions in paragraph (a), a person
431	who has been granted an expunction under this section, former s.
432	893.14, former s. 901.33, or former s. 943.058 may not be held
433	under any provision of law of this state to commit perjury or to
434	be otherwise liable for giving a false statement by reason of
435	such person's failure to recite or acknowledge an expunged
436	criminal history record, including a failure to recite or
437	acknowledge on an employment application.
438	(c) Information relating to the existence of an expunged
439	criminal history record which is provided in accordance with
440	paragraph (a) is confidential and exempt from the provisions of
441	s. 119.07(1) and s. 24(a), Art. I of the State Constitution,
442	except that the department shall disclose the existence of a
443	criminal history record ordered expunged to the entities set
444	forth in subparagraphs (a)1., 4., 5., 6., and 7. for their
445	respective licensing, access authorization, and employment
446	purposes, and to criminal justice agencies for their respective
447	criminal justice purposes. It is unlawful for any employee of an
448	entity set forth in subparagraph (a)1., subparagraph (a)4.,
449	subparagraph (a)5., subparagraph (a)6., or subparagraph (a)7. to
450	disclose information relating to the existence of an expunged
451	criminal history record of a person seeking employment, access
452	authorization, or licensure with such entity or contractor,
453	except to the person to whom the criminal history record relates
454	or to persons having direct responsibility for employment,
455	access authorization, or licensure decisions. Any person who
456	violates this paragraph commits a misdemeanor of the first
457	degree, punishable as provided in s. 775.082 or s. 775.083.
458	(d) The department may disclose the contents of an
459	expunged record to the subject of the record upon the receipt of
460	a written, notarized request from the subject of the record.
461	(5) INFORMATION.-Each website for the office of a clerk of
462	court must include information relating to procedures to seal or
463	expunge criminal history records. This information must include
464	the link to related information on the website of the
465	department.
466	(6)(5) STATUTORY REFERENCES.-Any reference to any other
467	chapter, section, or subdivision of the Florida Statutes in this
468	section constitutes a general reference under the doctrine of
469	incorporation by reference.
470	Section 6. Section 943.059, Florida Statutes, is amended
471	to read:
472	943.059 Court-ordered sealing of criminal history
473	records.-The courts of this state shall continue to have
474	jurisdiction over their own procedures, including the
475	maintenance, sealing, and correction of judicial records
476	containing criminal history information to the extent such
477	procedures are not inconsistent with the conditions,
478	responsibilities, and duties established by this section. Any
479	court of competent jurisdiction may order a criminal justice
480	agency to seal the criminal history record of a minor or an
481	adult who complies with the requirements of this section. The
482	court may shall not order a criminal justice agency to seal a
483	criminal history record until the person seeking to seal a
484	criminal history record has applied for and received a
485	certificate of eligibility for sealing pursuant to subsection
486	(2). A criminal history record that relates to a violation of s.
487	393.135, s. 394.4593, s. 787.025, chapter 794, s. 796.03, s.
488	800.04, s. 810.14, s. 817.034, s. 825.1025, s. 827.071, chapter
489	839, s. 847.0133, s. 847.0135, s. 847.0145, s. 893.135, s.
490	916.1075, a violation enumerated in s. 907.041, or any violation
491	specified as a predicate offense for registration as a sexual
492	predator pursuant to s. 775.21, without regard to whether that
493	offense alone is sufficient to require such registration, or for
494	registration as a sexual offender pursuant to s. 943.0435, may
495	not be sealed, without regard to whether adjudication was
496	withheld, if the defendant was found guilty of or pled guilty or
497	nolo contendere to the offense, or if the defendant, as a minor,
498	was found to have committed or pled guilty or nolo contendere to
499	committing the offense as a delinquent act. The court may only
500	order sealing of a criminal history record pertaining to one
501	arrest or one incident of alleged criminal activity, except as
502	provided in this section. The court may, at its sole discretion,
503	order the sealing of a criminal history record pertaining to
504	more than one arrest if the additional arrests directly relate
505	to the original arrest. If the court intends to order the
506	sealing of records pertaining to such additional arrests, such
507	intent must be specified in the order. A criminal justice agency
508	may not seal any record pertaining to such additional arrests if
509	the order to seal does not articulate the intention of the court
510	to seal records pertaining to more than one arrest. This section
511	does not prevent the court from ordering the sealing of only a
512	portion of a criminal history record pertaining to one arrest or
513	one incident of alleged criminal activity. Notwithstanding any
514	law to the contrary, a criminal justice agency may comply with
515	laws, court orders, and official requests of other jurisdictions
516	relating to sealing, correction, or confidential handling of
517	criminal history records or information derived therefrom. This
518	section does not confer any right to the sealing of any criminal
519	history record, and any request for sealing a criminal history
520	record may be denied at the sole discretion of the court.
521	(1) PETITION TO SEAL A CRIMINAL HISTORY RECORD.-Each
522	petition to a court to seal a criminal history record is
523	complete only when accompanied by:
524	(a) A valid certificate of eligibility for sealing issued
525	by the department pursuant to subsection (2).
526	(b) The petitioner's sworn statement attesting that the
527	petitioner:
528	1. Has never, before prior to the date on which the
529	petition is filed, been adjudicated guilty of a criminal offense
530	or comparable ordinance violation, or been adjudicated
531	delinquent for committing any felony or a misdemeanor specified
532	in s. 943.051(3)(b).
533	2. Has not been adjudicated guilty of or adjudicated
534	delinquent for committing any of the acts stemming from the
535	arrest or alleged criminal activity to which the petition to
536	seal pertains.
537	3. Has never secured a prior sealing, except as provided
538	in subsection (6), or expunction of a criminal history record
539	under this section, former s. 893.14, former s. 901.33, former
540	s. 943.058, or from any jurisdiction outside the state.
541	4. Is eligible for such a sealing to the best of his or
542	her knowledge or belief and does not have any other petition to
543	seal or any petition to expunge pending before any court.
544
545	Any person who knowingly provides false information on such
546	sworn statement to the court commits a felony of the third
547	degree, punishable as provided in s. 775.082, s. 775.083, or s.
548	775.084.
549	(2) CERTIFICATE OF ELIGIBILITY FOR SEALING.-Before Prior
550	to petitioning the court to seal a criminal history record, a
551	person seeking to seal a criminal history record shall apply to
552	the department for a certificate of eligibility for sealing. The
553	department shall, by rule adopted pursuant to chapter 120,
554	establish procedures pertaining to the application for and
555	issuance of certificates of eligibility for sealing. A
556	certificate of eligibility for sealing is valid for 12 months
557	after the date stamped on the certificate when issued by the
558	department. After that time, the petitioner must reapply to the
559	department for a new certificate of eligibility. Eligibility for
560	a renewed certification of eligibility must be based on the
561	status of the applicant and the law in effect at the time of the
562	renewal application. The department shall issue a certificate of
563	eligibility for sealing to a person who is the subject of a
564	criminal history record provided that such person:
565	(a) Has submitted to the department a certified copy of
566	the disposition of the charge to which the petition to seal
567	pertains.
568	(b) Remits a $75 processing fee to the department for
569	placement in the Department of Law Enforcement Operating Trust
570	Fund, unless such fee is waived by the executive director.
571	(c) Has never, before prior to the date on which the
572	application for a certificate of eligibility is filed, been
573	adjudicated guilty of a criminal offense or comparable ordinance
574	violation, or been adjudicated delinquent for committing any
575	felony or a misdemeanor specified in s. 943.051(3)(b).
576	(d) Has not been adjudicated guilty of or adjudicated
577	delinquent for committing any of the acts stemming from the
578	arrest or alleged criminal activity to which the petition to
579	seal pertains.
580	(e) Has never secured a prior sealing, except as provided
581	in subsection (6), or expunction of a criminal history record
582	under this section, former s. 893.14, former s. 901.33, or
583	former s. 943.058.
584	(f) Is no longer under court supervision applicable to the
585	disposition of the arrest or alleged criminal activity to which
586	the 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
589	the completed petition to seal shall be served upon the
590	appropriate state attorney or the statewide prosecutor and upon
591	the arresting agency; however, it is not necessary to make any
592	agency other than the state a party. The appropriate state
593	attorney or the statewide prosecutor and the arresting agency
594	may respond to the court regarding the completed petition to
595	seal.
596	(b) If relief is granted by the court, the clerk of the
597	court shall certify copies of the order to the appropriate state
598	attorney or the statewide prosecutor and to the arresting
599	agency. The arresting agency is responsible for forwarding the
600	order to any other agency to which the arresting agency
601	disseminated the criminal history record information to which
602	the order pertains. The department shall forward the order to
603	seal to the Federal Bureau of Investigation. The clerk of the
604	court shall certify a copy of the order to any other agency
605	which the records of the court reflect has received the criminal
606	history record from the court.
607	(c) For an order to seal entered by a court before prior
608	to July 1, 1992, the department shall notify the appropriate
609	state attorney or statewide prosecutor of any order to seal
610	which is contrary to law because the person who is the subject
611	of the record has previously been convicted of a crime or
612	comparable ordinance violation or has had a prior criminal
613	history record sealed, except as provided in subsection (6), or
614	expunged. Upon receipt of such notice, the appropriate state
615	attorney or statewide prosecutor shall take action, within 60
616	days, to correct the record and petition the court to void the
617	order to seal. The department shall seal the record until such
618	time as the order is voided by the court.
619	(d) On or after July 1, 1992, the department or any other
620	criminal justice agency is not required to act on an order to
621	seal entered by a court if when such order does not comply with
622	the requirements of this section. Upon receipt of such an order,
623	the department must notify the issuing court, the appropriate
624	state attorney or statewide prosecutor, the petitioner or the
625	petitioner's attorney, and the arresting agency of the reason
626	for noncompliance. The appropriate state attorney or statewide
627	prosecutor shall take action within 60 days to correct the
628	record and petition the court to void the order. A No cause of
629	action, including contempt of court, does not shall arise
630	against any criminal justice agency for failure to comply with
631	an order to seal if when the petitioner for such order failed to
632	obtain the certificate of eligibility as required by this
633	section or if when such order does not comply with the
634	requirements of this section.
635	(e) An order sealing a criminal history record pursuant to
636	this section does not require that such record be surrendered to
637	the court, and such record shall continue to be maintained by
638	the department and other criminal justice agencies.
639	(4) EFFECT OF CRIMINAL HISTORY RECORD SEALING.-A criminal
640	history record of a minor or an adult which is ordered sealed by
641	a court of competent jurisdiction pursuant to this section is
642	confidential and exempt from the provisions of s. 119.07(1) and
643	s. 24(a), Art. I of the State Constitution and is available only
644	to the person who is the subject of the record, to the subject's
645	attorney, to criminal justice agencies for their respective
646	criminal justice purposes, which include conducting a criminal
647	history background check for approval of firearms purchases or
648	transfers as authorized by state or federal law, to judges in
649	the state courts system for the purpose of assisting them in
650	their case-related decisionmaking responsibilities, as set forth
651	in s. 943.053(5), or to those entities set forth in
652	subparagraphs (a)1., 4., 5., 6., and 8. for their respective
653	licensing, access authorization, and employment purposes.
654	(a) The subject of a criminal history record sealed under
655	this section or under other provisions of law, including former
656	s. 893.14, former s. 901.33, and former s. 943.058, may lawfully
657	deny or fail to acknowledge the arrests and subsequent
658	dispositions covered by the sealed record, except when the
659	subject of the record:
660	1. Is a candidate for employment with a criminal justice
661	agency;
662	2. Is a defendant in a criminal prosecution;
663	3. Concurrently or subsequently petitions for relief under
664	this 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
667	with the Department of Children and Family Services, the Agency
668	for Health Care Administration, the Agency for Persons with
669	Disabilities, or the Department of Juvenile Justice or to be
670	employed or used by such contractor or licensee in a sensitive
671	position having direct contact with children, the
672	developmentally disabled, the aged, or the elderly as provided
673	in s. 110.1127(3), s. 393.063, s. 394.4572(1), s. 397.451, s.
674	402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4), s.
675	415.103, chapter 916, s. 985.644, chapter 400, or chapter 429;
676	6. Is seeking to be employed or licensed by the Department
677	of Education, any district school board, any university
678	laboratory school, any charter school, any private or parochial
679	school, or any local governmental entity that licenses child
680	care facilities;
681	7. Is attempting to purchase a firearm from a licensed
682	importer, licensed manufacturer, or licensed dealer and is
683	subject to a criminal history check under state or federal law;
684	or
685	8. Is seeking authorization from a Florida seaport
686	identified in s. 311.09 for employment within or access to one
687	or more of such seaports pursuant to s. 311.12.
688	(b) Subject to the exceptions in paragraph (a), a person
689	who has been granted a sealing under this section, former s.
690	893.14, former s. 901.33, or former s. 943.058 may not be held
691	under any provision of law of this state to commit perjury or to
692	be otherwise liable for giving a false statement by reason of
693	such person's failure to recite or acknowledge a sealed criminal
694	history record, including failure to recite or acknowledge on an
695	employment application.
696	(c) Information relating to the existence of a sealed
697	criminal record provided in accordance with the provisions of
698	paragraph (a) is confidential and exempt from the provisions of
699	s. 119.07(1) and s. 24(a), Art. I of the State Constitution,
700	except that the department shall disclose the sealed criminal
701	history record to the entities set forth in subparagraphs (a)1.,
702	4., 5., 6., and 8. for their respective licensing, access
703	authorization, and employment purposes. It is unlawful for any
704	employee of an entity set forth in subparagraph (a)1.,
705	subparagraph (a)4., subparagraph (a)5., subparagraph (a)6., or
706	subparagraph (a)8. to disclose information relating to the
707	existence of a sealed criminal history record of a person
708	seeking employment, access authorization, or licensure with such
709	entity or contractor, except to the person to whom the criminal
710	history record relates or to persons having direct
711	responsibility for employment, access authorization, or
712	licensure decisions. Any person who violates the provisions of
713	this paragraph commits a misdemeanor of the first degree,
714	punishable as provided in s. 775.082 or s. 775.083.
715	(5) STATUTORY REFERENCES.-Any reference to any other
716	chapter, section, or subdivision of the Florida Statutes in this
717	section constitutes a general reference under the doctrine of
718	incorporation by reference.
719	(6) SEALING OF CRIMINAL HISTORY RECORD AFTER PRIOR SEALING
720	OR EXPUNCTION.-A court may seal a person's criminal history
721	record after a prior criminal history record has been sealed or
722	expunged only if the person obtains a certificate from the
723	department to seal the criminal history record. The department
724	shall issue the certificate only if the person has not been
725	arrested during the 5-year period following the date of the
726	court order for the initial expunction or sealing of his or her
727	criminal history record. All other provisions and requirements
728	of this section apply to an application to seal a criminal
729	history record after a prior criminal history record has been
730	sealed or expunged.
731	Section 7. This act shall take effect July 1, 2010.

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