Bill Text: FL S1788 | 2022 | Regular Session | Introduced

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Bill Title: Misdemeanor Criminal History Record Expunction

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2022-03-14 - Died in Education [S1788 Detail]

Download: Florida-2022-S1788-Introduced.html

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       Florida Senate - 2022                                    SB 1788
       
       
        
       By Senator Farmer
       
       
       
       
       
       34-01395-22                                           20221788__
    1                        A bill to be entitled                      
    2         An act relating to misdemeanor criminal history record
    3         expunction; amending s. 943.0585, F.S.; authorizing a
    4         person to lawfully deny or fail to acknowledge certain
    5         expunged misdemeanor arrests when applying for
    6         specified employment positions or licenses; providing
    7         an effective date.
    8          
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. Paragraph (b) of subsection (6) of section
   12  943.0585, Florida Statutes, is amended to read:
   13         943.0585 Court-ordered expunction of criminal history
   14  records.—
   15         (6) EFFECT OF EXPUNCTION ORDER.—
   16         (b) The person who is the subject of a criminal history
   17  record that is expunged under this section or under other
   18  provisions of law, including former ss. 893.14, 901.33, and
   19  943.058, may lawfully deny or fail to acknowledge the arrests
   20  covered by the expunged record, except when the subject of the
   21  record:
   22         1. Is a candidate for employment with a criminal justice
   23  agency;
   24         2. Is a defendant in a criminal prosecution;
   25         3. Concurrently or subsequently petitions for relief under
   26  this section, s. 943.0583, or s. 943.059;
   27         4. Is a candidate for admission to The Florida Bar;
   28         5. Is seeking to be employed or licensed by or to contract
   29  with the Department of Children and Families, the Division of
   30  Vocational Rehabilitation within the Department of Education,
   31  the Agency for Health Care Administration, the Agency for
   32  Persons with Disabilities, the Department of Health, the
   33  Department of Elderly Affairs, or the Department of Juvenile
   34  Justice or to be employed or used by such contractor or licensee
   35  in a sensitive position having direct contact with children, the
   36  disabled, or the elderly;
   37         6. Is seeking to be employed or licensed by the Department
   38  of Education, any district school board, any university
   39  laboratory school, any charter school, any private or parochial
   40  school, or any local governmental entity that licenses child
   41  care facilities, except that an expunged misdemeanor violation
   42  of chapter 812 may be lawfully denied or may fail to be
   43  acknowledged;
   44         7. Is seeking to be licensed by the Division of Insurance
   45  Agent and Agency Services within the Department of Financial
   46  Services; or
   47         8. Is seeking to be appointed as a guardian pursuant to s.
   48  744.3125.
   49         Section 2. This act shall take effect July 1, 2022.