Bill Text: FL S0146 | 2011 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Criminal Justice
Spectrum: Slight Partisan Bill (Democrat 6-2-1)
Status: (Engrossed - Dead) 2011-05-04 - Concurred in 1 amendment(s) (558007) -SJ 839 [S0146 Detail]
Download: Florida-2011-S0146-Comm_Sub.html
Bill Title: Criminal Justice
Spectrum: Slight Partisan Bill (Democrat 6-2-1)
Status: (Engrossed - Dead) 2011-05-04 - Concurred in 1 amendment(s) (558007) -SJ 839 [S0146 Detail]
Download: Florida-2011-S0146-Comm_Sub.html
Florida Senate - 2011 CS for SB 146 By the Committee on Criminal Justice; and Senators Smith, Lynn, and Dockery 591-02279-11 2011146c1 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, 7 F.S.; prohibiting state agencies from denying an 8 application for a license, permit, certificate, or 9 employment based on a person’s lack of civil rights; 10 providing an exception; amending s. 943.0585, F.S.; 11 clarifying under what circumstances a person may 12 legally deny the existence of an expunged criminal 13 history record; authorizing the disclosure of the 14 contents of an expunged record upon receipt of a 15 written, notarized request from the record subject; 16 requiring clerks of the court to post information 17 relating to procedures to seal or expunge criminal 18 history records on the clerk’s website; amending s. 19 943.059, F.S.; clarifying under what circumstances a 20 person may legally deny the existence of a sealed 21 criminal history record; authorizing a court to seal a 22 criminal history record of a person who had a prior 23 criminal history record sealed or expunged; providing 24 an effective date. 25 26 Be It Enacted by the Legislature of the State of Florida: 27 28 Section 1. This act may be cited as the “Jim King Keep 29 Florida Working Act.” 30 Section 2. Restrictions on the employment of ex-offenders; 31 legislative intent; state agency reporting requirements.— 32 (1) The Legislature declares that a goal of this state is 33 to clearly identify the occupations from which ex-offenders are 34 disqualified based on their specific offenses. The Legislature 35 intends to make employment opportunities available to ex 36 offenders in a manner that encourages them to become productive 37 members of society and preserves the safety of the public. To 38 this end, all state agencies shall identify all restrictions on 39 employment imposed by the agencies or by boards that regulate 40 professions and occupations and attempt to define each 41 restriction as narrowly as possible while continuing to maintain 42 public safety. 43 (2) Each state agency, including, but not limited to, 44 professional and occupational regulatory boards, shall, by 45 December 31, 2011, and every 8 years thereafter, submit to the 46 Governor, the President of the Senate, and the Speaker of the 47 House of Representatives a report that includes: 48 (a) A list of all agency or board policies that disqualify 49 from employment or licensure persons who have been convicted of 50 a crime and have completed any incarceration and restitution to 51 which they have been sentenced for such a crime. 52 (b) A determination of whether the disqualifying policies 53 are readily available to prospective employers and licensees. 54 (c) The identification and evaluation of alternatives to 55 the disqualifying policies which promote the employment of ex 56 offenders and protect the public. 57 (d) An evaluation of whether the disqualifying polices are 58 too broad and whether crimes or acts of moral turpitude that 59 disqualify a person from licensure should be more specifically 60 or narrowly identified. 61 Section 3. Section 112.011, Florida Statutes, is amended to 62 read: 63 112.011 Disqualification from licensing and public 64 employment based on criminal convictionFelons; removal of65disqualifications for employment, exceptions.— 66 (1)(a) Except as provided in s. 775.16, a person mayshall67 not be disqualified from employment by the state, any of its 68 agencies or political subdivisions, or any municipality solely 69 because of a prior conviction for a crime. However, a person may 70 be denied employment by the state, any of its agencies or 71 political subdivisions, or any municipality by reason of the 72 prior conviction for a crime if the crime was a felony or first 73 degree misdemeanor and directly related to the position of 74 employment sought. 75 (b) Except as provided in s. 775.16, a personwhose civil76rights have been restored shall not be disqualified to practice,77pursue, or engage in any occupation, trade, vocation,78profession, or business for which a license, permit, or79certificate is required to be issued by the state, any of its80agencies or political subdivisions, or any municipality solely81because of a prior conviction for a crime. However, a person82whose civil rights have been restoredmay be denied a license, 83 permit, or certification to pursue, practice, or engage in an 84 occupation, trade, vocation, profession, or business by reason 85 of the prior conviction for a crime if the crime was a felony or 86 first-degreefirst degreemisdemeanor that is relevant to the 87 standards normally associated with, or determined by the 88 regulatory authority to be necessary for the protection of the 89 public or other parties for,and directly related tothe 90 specific occupation, trade, vocation, profession, or business 91 for which the license, permit, or certificate is sought. 92 (c) Notwithstanding any law to the contrary, a state agency 93 may not deny an application for a license, permit, certificate, 94 or employment based on the applicant’s lack of civil rights. 95 However, this paragraph does not apply to applications for a 96 license to carry a concealed weapon or firearm under chapter 97 790. 98 (2)(a) This section doesshallnot applybe applicableto 99 any law enforcement or correctional agency. 100 (b) This section doesshallnot applybe applicableto the 101 employment practices of any fire department relating to the 102 hiring of firefighters. An applicant for employment with any 103 fire department who haswitha prior felony conviction shall be 104 excluded from employment for a period of 4 years after 105 expiration of sentence or final release by the Parole Commission 106 unless the applicant, beforeprior tothe expiration of the 4 107 year period, has received a full pardon or has had his or her 108 civil rights restored. 109 (c) This section doesshallnot applybe applicableto the 110 employment practices of any county or municipality relating to 111 the hiring of personnel for positions deemed to be critical to 112 security or public safety pursuant to ss. 125.5801 and 166.0442. 113 (3) Any complaint concerning the violation of this section 114 shall be adjudicated in accordance with the procedures set forth 115 in chapter 120 for administrative and judicial review. 116 Section 4. Section 943.0585, Florida Statutes, is amended 117 to read: 118 943.0585 Court-ordered expunction of criminal history 119 records.—The courts of this state have jurisdiction over their 120 own procedures, including the maintenance, expunction, and 121 correction of judicial records containing criminal history 122 information to the extent such procedures are not inconsistent 123 with the conditions, responsibilities, and duties established by 124 this section. Any court of competent jurisdiction may order a 125 criminal justice agency to expunge the criminal history record 126 of a minor or an adult who complies with the requirements of 127 this section. The court mayshallnot order a criminal justice 128 agency to expunge a criminal history record until the person 129 seeking to expunge a criminal history record has applied for and 130 received a certificate of eligibility for expunction pursuant to 131 subsection (2). A criminal history record that relates to a 132 violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794, 133 s. 796.03, s. 800.04, s. 810.14, s. 817.034, s. 825.1025, s. 134 827.071, chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s. 135 893.135, s. 916.1075, a violation enumerated in s. 907.041, or 136 any violation specified as a predicate offense for registration 137 as a sexual predator pursuant to s. 775.21, without regard to 138 whether that offense alone is sufficient to require such 139 registration, or for registration as a sexual offender pursuant 140 to s. 943.0435, may not be expunged, without regard to whether 141 adjudication was withheld, if the defendant was found guilty of 142 or pled guilty or nolo contendere to the offense, or if the 143 defendant, as a minor, was found to have committed, or pled 144 guilty or nolo contendere to committing, the offense as a 145 delinquent act. The court may only order expunction of a 146 criminal history record pertaining to one arrest or one incident 147 of alleged criminal activity, except as provided in this 148 section. The court may, at its sole discretion, order the 149 expunction of a criminal history record pertaining to more than 150 one arrest if the additional arrests directly relate to the 151 original arrest. If the court intends to order the expunction of 152 records pertaining to such additional arrests, such intent must 153 be specified in the order. A criminal justice agency may not 154 expunge any record pertaining to such additional arrests if the 155 order to expunge does not articulate the intention of the court 156 to expunge a record pertaining to more than one arrest. This 157 section does not prevent the court from ordering the expunction 158 of only a portion of a criminal history record pertaining to one 159 arrest or one incident of alleged criminal activity. 160 Notwithstanding any law to the contrary, a criminal justice 161 agency may comply with laws, court orders, and official requests 162 of other jurisdictions relating to expunction, correction, or 163 confidential handling of criminal history records or information 164 derived therefrom. This section does not confer any right to the 165 expunction of any criminal history record, and any request for 166 expunction of a criminal history record may be denied at the 167 sole discretion of the court. 168 (1) PETITION TO EXPUNGE A CRIMINAL HISTORY RECORD.—Each 169 petition to a court to expunge a criminal history record is 170 complete only when accompanied by: 171 (a) A valid certificate of eligibility for expunction 172 issued by the department pursuant to subsection (2). 173 (b) The petitioner’s sworn statement attesting that the 174 petitioner: 175 1. Has never, beforeprior tothe date on which the 176 petition is filed, been adjudicated guilty of a criminal offense 177 or comparable ordinance violation, or been adjudicated 178 delinquent for committing any felony or a misdemeanor specified 179 in s. 943.051(3)(b). 180 2. Has not been adjudicated guilty of, or adjudicated 181 delinquent for committing, any of the acts stemming from the 182 arrest or alleged criminal activity to which the petition 183 pertains. 184 3. Has never secured a prior sealing or expunction of a 185 criminal history record under this section, former s. 893.14, 186 former s. 901.33, or former s. 943.058, or from any jurisdiction 187 outside the state, unless expunction is sought of a criminal 188 history record previously sealed for 10 years pursuant to 189 paragraph (2)(h) and the record is otherwise eligible for 190 expunction. 191 4. Is eligible for such an expunction to the best of his or 192 her knowledge or belief and does not have any other petition to 193 expunge or any petition to seal pending before any court. 194 195 Any person who knowingly provides false information on such 196 sworn statement to the court commits a felony of the third 197 degree, punishable as provided in s. 775.082, s. 775.083, or s. 198 775.084. 199 (2) CERTIFICATE OF ELIGIBILITY FOR EXPUNCTION.—BeforePrior200topetitioning the court to expunge a criminal history record, a 201 person seeking to expunge a criminal history record mustshall202 apply to the department for a certificate of eligibility for 203 expunction. The department shall, by rule adopted pursuant to 204 chapter 120, establish procedures pertaining to the application 205 for and issuance of certificates of eligibility for expunction. 206 A certificate of eligibility for expunction is valid for 12 207 months after the date stamped on the certificate when issued by 208 the department. After that time, the petitioner must reapply to 209 the department for a new certificate of eligibility. Eligibility 210 for a renewed certification of eligibility must be based on the 211 status of the applicant and the law in effect at the time of the 212 renewal application. The department shall issue a certificate of 213 eligibility for expunction to a person who is the subject of a 214 criminal history record if that person: 215 (a) Has obtained, and submitted to the department, a 216 written, certified statement from the appropriate state attorney 217 or statewide prosecutor which indicates: 218 1. That an indictment, information, or other charging 219 document was not filed or issued in the case. 220 2. That an indictment, information, or other charging 221 document, if filed or issued in the case, was dismissed or nolle 222 prosequi by the state attorney or statewide prosecutor, or was 223 dismissed by a court of competent jurisdiction, and that none of 224 the charges related to the arrest or alleged criminal activity 225 to which the petition to expunge pertains resulted in a trial, 226 without regard to whether the outcome of the trial was other 227 than an adjudication of guilt. 228 3. That the criminal history record does not relate to a 229 violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794, 230 s. 796.03, s. 800.04, s. 810.14, s. 817.034, s. 825.1025, s. 231 827.071, chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s. 232 893.135, s. 916.1075, a violation enumerated in s. 907.041, or 233 any violation specified as a predicate offense for registration 234 as a sexual predator pursuant to s. 775.21, without regard to 235 whether that offense alone is sufficient to require such 236 registration, or for registration as a sexual offender pursuant 237 to s. 943.0435, where the defendant was found guilty of, or pled 238 guilty or nolo contendere to any such offense, or that the 239 defendant, as a minor, was found to have committed, or pled 240 guilty or nolo contendere to committing, such an offense as a 241 delinquent act, without regard to whether adjudication was 242 withheld. 243 (b) Remits a $75 processing fee to the department for 244 placement in the Department of Law Enforcement Operating Trust 245 Fund, unless such fee is waived by the executive director. 246 (c) Has submitted to the department a certified copy of the 247 disposition of the charge to which the petition to expunge 248 pertains. 249 (d) Has never, beforeprior tothe date on which the 250 application for a certificate of eligibility is filed, been 251 adjudicated guilty of a criminal offense or comparable ordinance 252 violation, or been adjudicated delinquent for committing any 253 felony or a misdemeanor specified in s. 943.051(3)(b). 254 (e) Has not been adjudicated guilty of, or adjudicated 255 delinquent for committing, any of the acts stemming from the 256 arrest or alleged criminal activity to which the petition to 257 expunge pertains. 258 (f) Has never secured a prior sealing or expunction of a 259 criminal history record under this section, former s. 893.14, 260 former s. 901.33, or former s. 943.058, unless expunction is 261 sought of a criminal history record previously sealed for 10 262 years pursuant to paragraph (h) and the record is otherwise 263 eligible for expunction. 264 (g) Is no longer under court supervision applicable to the 265 disposition of the arrest or alleged criminal activity to which 266 the petition to expunge pertains. 267 (h) Has previously obtained a court order sealing the 268 record under this section, former s. 893.14, former s. 901.33, 269 or former s. 943.058 for a minimum of 10 years because 270 adjudication was withheld or because all charges related to the 271 arrest or alleged criminal activity to which the petition to 272 expunge pertains were not dismissed beforeprior totrial, 273 without regard to whether the outcome of the trial was other 274 than an adjudication of guilt. The requirement for the record to 275 have previously been sealed for a minimum of 10 years does not 276 apply when a plea was not entered or all charges related to the 277 arrest or alleged criminal activity to which the petition to 278 expunge pertains were dismissed beforeprior totrial. 279 (3) PROCESSING OF A PETITION OR ORDER TO EXPUNGE.— 280 (a) In judicial proceedings under this section, a copy of 281 the completed petition to expunge mustshallbe served upon the 282 appropriate state attorney or the statewide prosecutor and upon 283 the arresting agency; however, it is not necessary to make any 284 agency other than the state a party. The appropriate state 285 attorney or the statewide prosecutor and the arresting agency 286 may respond to the court regarding the completed petition to 287 expunge. 288 (b) If relief is granted by the court, the clerk of the 289 court shall certify copies of the order to the appropriate state 290 attorney or the statewide prosecutor and the arresting agency. 291 The arresting agency is responsible for forwarding the order to 292 any other agency to which the arresting agency disseminated the 293 criminal history record information to which the order pertains. 294 The department shall forward the order to expunge to the Federal 295 Bureau of Investigation. The clerk of the court shall certify a 296 copy of the order to any other agency which the records of the 297 court reflect has received the criminal history record from the 298 court. 299 (c) For an order to expunge entered by a court beforeprior300toJuly 1, 1992, the department shall notify the appropriate 301 state attorney or statewide prosecutor of an order to expunge 302 which is contrary to law because the person who is the subject 303 of the record has previously been convicted of a crime or 304 comparable ordinance violation or has had a prior criminal 305 history record sealed or expunged. Upon receipt of such notice, 306 the appropriate state attorney or statewide prosecutor shall 307 take action, within 60 days, to correct the record and petition 308 the court to void the order to expunge. The department shall 309 seal the record until such time as the order is voided by the 310 court. 311 (d) On or after July 1, 1992, the department or any other 312 criminal justice agency is not required to act on an order to 313 expunge entered by a court when such order does not comply with 314 the requirements of this section. Upon receipt of such an order, 315 the department must notify the issuing court, the appropriate 316 state attorney or statewide prosecutor, the petitioner or the 317 petitioner’s attorney, and the arresting agency of the reason 318 for noncompliance. The appropriate state attorney or statewide 319 prosecutor shall take action within 60 days to correct the 320 record and petition the court to void the order. ANocause of 321 action, including contempt of court, does notshallarise 322 against any criminal justice agency for failure to comply with 323 an order to expunge ifwhenthe petitioner for such order failed 324 to obtain the certificate of eligibility as required by this 325 section or such order does not otherwise comply with the 326 requirements of this section. 327 (4) EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.—Any 328 criminal history record of a minor or an adult which is ordered 329 expunged by a court of competent jurisdiction pursuant to this 330 section must be physically destroyed or obliterated by any 331 criminal justice agency having custody of such record; except 332 that any criminal history record in the custody of the 333 department must be retained in all cases. A criminal history 334 record ordered expunged that is retained by the department is 335 confidential and exempt from the provisions of s. 119.07(1) and 336 s. 24(a), Art. I of the State Constitution and not available to 337 any person or entity except upon order of a court of competent 338 jurisdiction. A criminal justice agency may retain a notation 339 indicating compliance with an order to expunge. 340 (a) The person who is the subject of a criminal history 341 record that is expunged under this section or under other 342 provisions of law, including former s. 893.14, former s. 901.33, 343 and former s. 943.058, may lawfully deny or fail to acknowledge 344 the arrests and subsequent dispositions covered by the expunged 345 record, except when the subject of the record: 346 1. Is a candidate for employment with a criminal justice 347 agency; 348 2. Is a defendant in a criminal prosecution; 349 3. Concurrently or subsequently petitions for relief under 350 this section or s. 943.059; 351 4. Is a candidate for admission to The Florida Bar; 352 5. Is seeking to be employed or licensed by or to contract 353 with the Department of Children and Family Services, the Agency 354 for Health Care Administration, the Agency for Persons with 355 Disabilities, or the Department of Juvenile Justice or to be 356 employed or used by such contractor or licensee in a sensitive 357 position having direct contact with children, the 358 developmentally disabled, the aged, or the elderly as provided 359 in s. 110.1127(3), s. 393.063, s. 394.4572(1), s. 397.451, s. 360 402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(5), 361 chapter 916, s. 985.644, chapter 400, or chapter 429; 362 6. Is seeking to be employed or licensed by the Department 363 of Education, any district school board, any university 364 laboratory school, any charter school, any private or parochial 365 school, or any local governmental entity that licenses child 366 care facilities; or 367 7. Is seeking authorization from a seaport listed in s. 368 311.09 for employment within or access to one or more of such 369 seaports pursuant to s. 311.12. 370 (b) Subject to the exceptions in paragraph (a), a person 371 who has been granted an expunction under this section, former s. 372 893.14, former s. 901.33, or former s. 943.058 may not be held 373 under any provision of law of this state to commit perjury or to 374 be otherwise liable for giving a false statement by reason of 375 such person’s failure to recite or acknowledge an expunged 376 criminal history record, including a failure to recite or 377 acknowledge on an employment application. 378 (c) Information relating to the existence of an expunged 379 criminal history record which is provided in accordance with 380 paragraph (a) is confidential and exempt from the provisions of 381 s. 119.07(1) and s. 24(a), Art. I of the State Constitution, 382 except that the department shall disclose the existence of a 383 criminal history record ordered expunged to the entities set 384 forth in subparagraphs (a)1., 4., 5., 6., and 7. for their 385 respective licensing, access authorization, and employment 386 purposes, and to criminal justice agencies for their respective 387 criminal justice purposes. It is unlawful for any employee of an 388 entity set forth in subparagraph (a)1., subparagraph (a)4., 389 subparagraph (a)5., subparagraph (a)6., or subparagraph (a)7. to 390 disclose information relating to the existence of an expunged 391 criminal history record of a person seeking employment, access 392 authorization, or licensure with such entity or contractor, 393 except to the person to whom the criminal history record relates 394 or to persons having direct responsibility for employment, 395 access authorization, or licensure decisions. Any person who 396 violates this paragraph commits a misdemeanor of the first 397 degree, punishable as provided in s. 775.082 or s. 775.083. 398 (d) The department may disclose the contents of an expunged 399 record to the subject of the record upon the receipt of a 400 written, notarized request from the subject of the record. 401 (5) INFORMATION.—Each website for the office of a clerk of 402 court must include information relating to procedures to seal or 403 expunge criminal history records. This information must include 404 the link to related information on the website of the 405 department. 406 (6)(5)STATUTORY REFERENCES.—Any reference to any other 407 chapter, section, or subdivision of the Florida Statutes in this 408 section constitutes a general reference under the doctrine of 409 incorporation by reference. 410 Section 5. Section 943.059, Florida Statutes, is amended to 411 read: 412 943.059 Court-ordered sealing of criminal history records. 413 The courts of this state shall continue to have jurisdiction 414 over their own procedures, including the maintenance, sealing, 415 and correction of judicial records containing criminal history 416 information to the extent such procedures are not inconsistent 417 with the conditions, responsibilities, and duties established by 418 this section. Any court of competent jurisdiction may order a 419 criminal justice agency to seal the criminal history record of a 420 minor or an adult who complies with the requirements of this 421 section. The court mayshallnot order a criminal justice agency 422 to seal a criminal history record until the person seeking to 423 seal a criminal history record has applied for and received a 424 certificate of eligibility for sealing pursuant to subsection 425 (2). A criminal history record that relates to a violation of s. 426 393.135, s. 394.4593, s. 787.025, chapter 794, s. 796.03, s. 427 800.04, s. 810.14, s. 817.034, s. 825.1025, s. 827.071, chapter 428 839, s. 847.0133, s. 847.0135, s. 847.0145, s. 893.135, s. 429 916.1075, a violation enumerated in s. 907.041, or any violation 430 specified as a predicate offense for registration as a sexual 431 predator pursuant to s. 775.21, without regard to whether that 432 offense alone is sufficient to require such registration, or for 433 registration as a sexual offender pursuant to s. 943.0435, may 434 not be sealed, without regard to whether adjudication was 435 withheld, if the defendant was found guilty of or pled guilty or 436 nolo contendere to the offense, or if the defendant, as a minor, 437 was found to have committed or pled guilty or nolo contendere to 438 committing the offense as a delinquent act. The court may only 439 order sealing of a criminal history record pertaining to one 440 arrest or one incident of alleged criminal activity, except as 441 provided in this section. The court may, at its sole discretion, 442 order the sealing of a criminal history record pertaining to 443 more than one arrest if the additional arrests directly relate 444 to the original arrest. If the court intends to order the 445 sealing of records pertaining to such additional arrests, such 446 intent must be specified in the order. A criminal justice agency 447 may not seal any record pertaining to such additional arrests if 448 the order to seal does not articulate the intention of the court 449 to seal records pertaining to more than one arrest. This section 450 does not prevent the court from ordering the sealing of only a 451 portion of a criminal history record pertaining to one arrest or 452 one incident of alleged criminal activity. Notwithstanding any 453 law to the contrary, a criminal justice agency may comply with 454 laws, court orders, and official requests of other jurisdictions 455 relating to sealing, correction, or confidential handling of 456 criminal history records or information derived therefrom. This 457 section does not confer any right to the sealing of any criminal 458 history record, and any request for sealing a criminal history 459 record may be denied at the sole discretion of the court. 460 (1) PETITION TO SEAL A CRIMINAL HISTORY RECORD.—Each 461 petition to a court to seal a criminal history record is 462 complete only when accompanied by: 463 (a) A valid certificate of eligibility for sealing issued 464 by the department pursuant to subsection (2). 465 (b) The petitioner’s sworn statement attesting that the 466 petitioner: 467 1. Has never, beforeprior tothe date on which the 468 petition is filed, been adjudicated guilty of a criminal offense 469 or comparable ordinance violation, or been adjudicated 470 delinquent for committing any felony or a misdemeanor specified 471 in s. 943.051(3)(b). 472 2. Has not been adjudicated guilty of or adjudicated 473 delinquent for committing any of the acts stemming from the 474 arrest or alleged criminal activity to which the petition to 475 seal pertains. 476 3. Has never secured a prior sealing, except as provided in 477 subsection (6), or expunction of a criminal history record under 478 this section, former s. 893.14, former s. 901.33, former s. 479 943.058, or from any jurisdiction outside the state. 480 4. Is eligible for such a sealing to the best of his or her 481 knowledge or belief and does not have any other petition to seal 482 or any petition to expunge pending before any court. 483 484 Any person who knowingly provides false information on such 485 sworn statement to the court commits a felony of the third 486 degree, punishable as provided in s. 775.082, s. 775.083, or s. 487 775.084. 488 (2) CERTIFICATE OF ELIGIBILITY FOR SEALING.—BeforePrior to489 petitioning the court to seal a criminal history record, a 490 person seeking to seal a criminal history record shall apply to 491 the department for a certificate of eligibility for sealing. The 492 department shall, by rule adopted pursuant to chapter 120, 493 establish procedures pertaining to the application for and 494 issuance of certificates of eligibility for sealing. A 495 certificate of eligibility for sealing is valid for 12 months 496 after the date stamped on the certificate when issued by the 497 department. After that time, the petitioner must reapply to the 498 department for a new certificate of eligibility. Eligibility for 499 a renewed certification of eligibility must be based on the 500 status of the applicant and the law in effect at the time of the 501 renewal application. The department shall issue a certificate of 502 eligibility for sealing to a person who is the subject of a 503 criminal history record provided that such person: 504 (a) Has submitted to the department a certified copy of the 505 disposition of the charge to which the petition to seal 506 pertains. 507 (b) Remits a $75 processing fee to the department for 508 placement in the Department of Law Enforcement Operating Trust 509 Fund, unless such fee is waived by the executive director. 510 (c) Has never, beforeprior tothe date on which the 511 application for a certificate of eligibility is filed, been 512 adjudicated guilty of a criminal offense or comparable ordinance 513 violation, or been adjudicated delinquent for committing any 514 felony or a misdemeanor specified in s. 943.051(3)(b). 515 (d) Has not been adjudicated guilty of or adjudicated 516 delinquent for committing any of the acts stemming from the 517 arrest or alleged criminal activity to which the petition to 518 seal pertains. 519 (e) Has never secured a prior sealing, except as provided 520 in subsection (6), or expunction of a criminal history record 521 under this section, former s. 893.14, former s. 901.33, or 522 former s. 943.058. 523 (f) Is no longer under court supervision applicable to the 524 disposition of the arrest or alleged criminal activity to which 525 the petition to seal pertains. 526 (3) PROCESSING OF A PETITION OR ORDER TO SEAL.— 527 (a) In judicial proceedings under this section, a copy of 528 the completed petition to seal shall be served upon the 529 appropriate state attorney or the statewide prosecutor and upon 530 the arresting agency; however, it is not necessary to make any 531 agency other than the state a party. The appropriate state 532 attorney or the statewide prosecutor and the arresting agency 533 may respond to the court regarding the completed petition to 534 seal. 535 (b) If relief is granted by the court, the clerk of the 536 court shall certify copies of the order to the appropriate state 537 attorney or the statewide prosecutor and to the arresting 538 agency. The arresting agency is responsible for forwarding the 539 order to any other agency to which the arresting agency 540 disseminated the criminal history record information to which 541 the order pertains. The department shall forward the order to 542 seal to the Federal Bureau of Investigation. The clerk of the 543 court shall certify a copy of the order to any other agency 544 which the records of the court reflect has received the criminal 545 history record from the court. 546 (c) For an order to seal entered by a court beforeprior to547 July 1, 1992, the department shall notify the appropriate state 548 attorney or statewide prosecutor of any order to seal which is 549 contrary to law because the person who is the subject of the 550 record has previously been convicted of a crime or comparable 551 ordinance violation or has had a prior criminal history record 552 sealed, except as provided in subsection (6), or expunged. Upon 553 receipt of such notice, the appropriate state attorney or 554 statewide prosecutor shall take action, within 60 days, to 555 correct the record and petition the court to void the order to 556 seal. The department shall seal the record until such time as 557 the order is voided by the court. 558 (d) On or after July 1, 1992, the department or any other 559 criminal justice agency is not required to act on an order to 560 seal entered by a court ifwhensuch order does not comply with 561 the requirements of this section. Upon receipt of such an order, 562 the department must notify the issuing court, the appropriate 563 state attorney or statewide prosecutor, the petitioner or the 564 petitioner’s attorney, and the arresting agency of the reason 565 for noncompliance. The appropriate state attorney or statewide 566 prosecutor shall take action within 60 days to correct the 567 record and petition the court to void the order. ANocause of 568 action, including contempt of court, does notshallarise 569 against any criminal justice agency for failure to comply with 570 an order to seal ifwhenthe petitioner for such order failed to 571 obtain the certificate of eligibility as required by this 572 section or ifwhensuch order does not comply with the 573 requirements of this section. 574 (e) An order sealing a criminal history record pursuant to 575 this section does not require that such record be surrendered to 576 the court, and such record shall continue to be maintained by 577 the department and other criminal justice agencies. 578 (4) EFFECT OF CRIMINAL HISTORY RECORD SEALING.—A criminal 579 history record of a minor or an adult which is ordered sealed by 580 a court of competent jurisdiction pursuant to this section is 581 confidential and exempt from the provisions of s. 119.07(1) and 582 s. 24(a), Art. I of the State Constitution and is available only 583 to the person who is the subject of the record, to the subject’s 584 attorney, to criminal justice agencies for their respective 585 criminal justice purposes, which include conducting a criminal 586 history background check for approval of firearms purchases or 587 transfers as authorized by state or federal law, to judges in 588 the state courts system for the purpose of assisting them in 589 their case-related decisionmaking responsibilities, as set forth 590 in s. 943.053(5), or to those entities set forth in 591 subparagraphs (a)1., 4., 5., 6., and 8. for their respective 592 licensing, access authorization, and employment purposes. 593 (a) The subject of a criminal history record sealed under 594 this section or under other provisions of law, including former 595 s. 893.14, former s. 901.33, and former s. 943.058, may lawfully 596 deny or fail to acknowledge the arrests and subsequent 597 dispositions covered by the sealed record, except when the 598 subject of the record: 599 1. Is a candidate for employment with a criminal justice 600 agency; 601 2. Is a defendant in a criminal prosecution; 602 3. Concurrently or subsequently petitions for relief under 603 this section or s. 943.0585; 604 4. Is a candidate for admission to The Florida Bar; 605 5. Is seeking to be employed or licensed by or to contract 606 with the Department of Children and Family Services, the Agency 607 for Health Care Administration, the Agency for Persons with 608 Disabilities, or the Department of Juvenile Justice or to be 609 employed or used by such contractor or licensee in a sensitive 610 position having direct contact with children, the 611 developmentally disabled, the aged, or the elderly as provided 612 in s. 110.1127(3), s. 393.063, s. 394.4572(1), s. 397.451, s. 613 402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(5), s. 614 415.103, chapter 916, s. 985.644, chapter 400, or chapter 429; 615 6. Is seeking to be employed or licensed by the Department 616 of Education, any district school board, any university 617 laboratory school, any charter school, any private or parochial 618 school, or any local governmental entity that licenses child 619 care facilities; 620 7. Is attempting to purchase a firearm from a licensed 621 importer, licensed manufacturer, or licensed dealer and is 622 subject to a criminal history check under state or federal law; 623 or 624 8. Is seeking authorization from a Florida seaport 625 identified in s. 311.09 for employment within or access to one 626 or more of such seaports pursuant to s. 311.12. 627 (b) Subject to the exceptions in paragraph (a), a person 628 who has been granted a sealing under this section, former s. 629 893.14, former s. 901.33, or former s. 943.058 may not be held 630 under any provision of law of this state to commit perjury or to 631 be otherwise liable for giving a false statement by reason of 632 such person’s failure to recite or acknowledge a sealed criminal 633 history record, including failure to recite or acknowledge on an 634 employment application. 635 (c) Information relating to the existence of a sealed 636 criminal record provided in accordance with the provisions of 637 paragraph (a) is confidential and exempt from the provisions of 638 s. 119.07(1) and s. 24(a), Art. I of the State Constitution, 639 except that the department shall disclose the sealed criminal 640 history record to the entities set forth in subparagraphs (a)1., 641 4., 5., 6., and 8. for their respective licensing, access 642 authorization, and employment purposes. It is unlawful for any 643 employee of an entity set forth in subparagraph (a)1., 644 subparagraph (a)4., subparagraph (a)5., subparagraph (a)6., or 645 subparagraph (a)8. to disclose information relating to the 646 existence of a sealed criminal history record of a person 647 seeking employment, access authorization, or licensure with such 648 entity or contractor, except to the person to whom the criminal 649 history record relates or to persons having direct 650 responsibility for employment, access authorization, or 651 licensure decisions. Any person who violates the provisions of 652 this paragraph commits a misdemeanor of the first degree, 653 punishable as provided in s. 775.082 or s. 775.083. 654 (5) STATUTORY REFERENCES.—Any reference to any other 655 chapter, section, or subdivision of the Florida Statutes in this 656 section constitutes a general reference under the doctrine of 657 incorporation by reference. 658 (6) SEALING OF CRIMINAL HISTORY RECORD AFTER PRIOR SEALING 659 OR EXPUNCTION.—A court may seal a person’s criminal history 660 record after a prior criminal history record has been sealed or 661 expunged only if the person obtains a certificate from the 662 department to seal the criminal history record. The department 663 shall issue the certificate only if the person has not been 664 arrested during the 5-year period following the date of the 665 court order for the initial expunction or sealing of his or her 666 criminal history record. All other provisions and requirements 667 of this section apply to an application to seal a criminal 668 history record after a prior criminal history record has been 669 sealed or expunged. 670 Section 6. This act shall take effect July 1, 2011.