Bill Amendment: FL S0812 | 2014 | Regular Session
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: Expunction
Status: 2014-05-02 - Died in Judiciary [S0812 Detail]
Download: Florida-2014-S0812-Senate_Committee_Amendment_954948.html
Bill Title: Expunction
Status: 2014-05-02 - Died in Judiciary [S0812 Detail]
Download: Florida-2014-S0812-Senate_Committee_Amendment_954948.html
Florida Senate - 2014 COMMITTEE AMENDMENT Bill No. SB 812 Ì954948\Î954948 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— following: 1 Senate Amendment (with directory and title amendments) 2 3 Delete lines 115 - 127 4 and insert: 5 (h) Has previously obtained a court order sealing the 6 record under this section, former s. 893.14, former s. 901.33, 7 or former s. 943.058 for a minimum of 10 years because 8 adjudication was withheldor because all charges related to the9arrest or alleged criminal activity to which the petition to10expunge pertains were not dismissed prior to trial, without11regard to whether the outcome of the trial was other than an12adjudication of guilt. The requirement for the record to have 13 previously been sealed for a minimum of 10 years does not apply 14 when a plea was not entered, whenorall charges related to the 15 arrest or alleged criminal activity to which the petition to 16 expunge pertains were dismissed prior to trial, or when a judge 17 or jury rendered a verdict of not guilty. The records of a 18 person adjudicated not guilty by reason of insanity are not 19 eligible for expunction under this section. 20 (4) EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.—Any 21 criminal history record of a minor or an adult which is ordered 22 expunged by a court of competent jurisdiction pursuant to this 23 section must be physically destroyed or obliterated by any 24 criminal justice agency having custody of such record; except 25 that any criminal history record in the custody of the 26 department must be retained in all cases. A criminal history 27 record ordered expunged that is retained by the department is 28 confidential and exempt from the provisions of s. 119.07(1) and 29 s. 24(a), Art. I of the State Constitution and not available to 30 any person or entity except upon order of a court of competent 31 jurisdiction. A criminal justice agency may retain a notation 32 indicating compliance with an order to expunge. If a person is 33 adjudicated not guilty by reason of insanity or is found to be 34 incompetent to stand trial, the expunction of the criminal 35 history record shall not prevent entry of the judgment or 36 finding in state and national databases for use in determining 37 eligibility to purchase or possess a firearm or to carry a 38 concealed firearm, as authorized in s. 790.065(2)(a)4.c. and 18 39 U.S.C. s. 922(t), nor shall it prevent a governmental agency 40 that is authorized by state or federal law to determine 41 eligibility to purchase or possess a firearm or to carry a 42 concealed firearm from accessing or using the record of the 43 judgment or finding in the course of such agency’s official 44 duties. 45 (a) The person who is the subject of a criminal history 46 record that is expunged under this section or under other 47 provisions of law, including former s. 893.14, former s. 901.33, 48 and former s. 943.058, may lawfully deny or fail to acknowledge 49 the arrests covered by the expunged record, except when the 50 subject of the record: 51 1. Is a candidate for employment with a criminal justice 52 agency; 53 2. Is a defendant in a criminal prosecution; 54 3. Concurrently or subsequently petitions for relief under 55 this section, s. 943.0583, or s. 943.059; 56 4. Is a candidate for admission to The Florida Bar; 57 5. Is seeking to be employed or licensed by or to contract 58 with the Department of Children and Families, the Division of 59 Vocational Rehabilitation within the Department of Education, 60 the Agency for Health Care Administration, the Agency for 61 Persons with Disabilities, the Department of Health, the 62 Department of Elderly Affairs, or the Department of Juvenile 63 Justice or to be employed or used by such contractor or licensee 64 in a sensitive position having direct contact with children, the 65 disabled, or the elderly; or 66 6. Is seeking to be employed or licensed by the Department 67 of Education, any district school board, any university 68 laboratory school, any charter school, any private or parochial 69 school, or any local governmental entity that licenses child 70 care facilities. 71 (b) Subject to the exceptions in paragraph (a), a person 72 who has been granted an expunction under this section, former s. 73 893.14, former s. 901.33, or former s. 943.058 may not be held 74 under any provision of law of this state to commit perjury or to 75 be otherwise liable for giving a false statement by reason of 76 such person’s failure to recite or acknowledge an expunged 77 criminal history record. 78 (c) Information relating to the existence of an expunged 79 criminal history record which is provided in accordance with 80 paragraph (a) is confidential and exempt from the provisions of 81 s. 119.07(1) and s. 24(a), Art. I of the State Constitution, 82 except that the department shall disclose the existence of a 83 criminal history record ordered expunged to the entities set 84 forth in subparagraphs (a)1., 4., 5., 6., and 7. for their 85 respective licensing, access authorization, and employment 86 purposes,andto criminal justice agencies for their respective 87 criminal justice purposes, and with respect to a governmental 88 agency that is authorized by state or federal law to determine 89 eligibility to purchase or possess a firearm or to carry a 90 concealed firearm, the department shall disclose the record of 91 an adjudication of not guilty by reason of insanity or a finding 92 of incompetence to stand trial for use in the course of such 93 agency’s official duties. It is unlawful for any employee of an 94 entity set forth in subparagraph (a)1., subparagraph (a)4., 95 subparagraph (a)5., subparagraph (a)6., or subparagraph (a)7. to 96 disclose information relating to the existence of an expunged 97 criminal history record of a person seeking employment, access 98 authorization, or licensure with such entity or contractor, 99 except to the person to whom the criminal history record relates 100 or to persons having direct responsibility for employment, 101 access authorization, or licensure decisions. Any person who 102 violates this paragraph commits a misdemeanor of the first 103 degree, punishable as provided in s. 775.082 or s. 775.083. 104 105 ====== D I R E C T O R Y C L A U S E A M E N D M E N T ====== 106 And the directory clause is amended as follows: 107 Delete lines 15 - 17 108 and insert: 109 Section 1. Paragraphs (a) and (h) of subsection (2) and 110 subsection (4) of section 943.0585, Florida Statutes, are 111 amended to read: 112 113 ================= T I T L E A M E N D M E N T ================ 114 And the title is amended as follows: 115 Delete line 7 116 and insert: 117 criminal history record expunction; revising when a 118 certificate of eligibility for expunction shall be 119 issued; authorizing the Department of Law Enforcement 120 to enter certain expunged records in specified 121 databases; requiring the Department of Law Enforcement 122 to disclose certain expunged records to specified 123 governmental entities; requiring a person