THE BILL ITSELF
CS/HB 745
Sealing of Criminal History Records
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A bill to be entitled
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An act relating to the sealing of criminal history
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records; amending s. 943.059, F.S.; providing that
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persons adjudicated guilty of certain misdemeanor
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offenses are eligible to petition a court to seal the
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criminal history record of such offenses; providing
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that persons previously adjudicated guilty of certain
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misdemeanor offenses are eligible to petition a court
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to seal a subsequent criminal history record; revising
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certain eligibility criteria to provide that a person
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is eligible to petition the court to seal a criminal
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history record if such person is no longer serving the
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sentence to which the petition to seal pertains;
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revising certain eligibility criteria to provide that
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a person is eligible to petition the court to seal a
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criminal history record if such person has never
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secured a prior sealing or expunction related to an
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offense for which the person was adjudicated guilty;
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providing certain eligibility criteria for certain
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persons who seek a subsequent sealing of a criminal
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history record relating to an offense for which
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adjudication was withheld; providing certain
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eligibility criteria for certain persons who seek the
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sealing of a criminal history record relating to an
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offense for which the person was adjudicated guilty;
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defining the term "conviction"; authorizing a court to
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order the sealing of a criminal history record
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pertaining to more than one adjudication of guilt if
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the additional adjudications directly relate to the
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original arrest, incident of criminal activity, or
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adjudication of guilt; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Subsection (1), paragraph (a) of subsection
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(2), paragraph (c) of subsection (4), and paragraph (b) of
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subsection (6) of section 943.059, Florida Statutes, are amended
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to read:
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943.059 Court-ordered sealing of criminal history
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records.—
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(1) ELIGIBILITY.—A person is eligible to petition a court
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to seal a criminal history record when:
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(a) The criminal history record is not ineligible for
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court-ordered sealing under s. 943.0584.
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(b)1. The person has not been adjudicated guilty of, or
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adjudicated delinquent for committing, any of the acts stemming
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from the arrest or alleged criminal activity to which the
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petition to seal pertains; or
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2. The petition to seal pertains to a misdemeanor offense
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that the person was adjudicated guilty of and such offense was
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not a violent offense or any of the following misdemeanor
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offenses:
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a. A crime of domestic violence, as defined in s. 741.28;
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b. Driving under the influence under s. 316.193;
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c. Violation of pretrial release related to domestic
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violence under s. 741.29;
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d. Violation of injunction for protection against domestic
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violence under s. 741.31;
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e. Violation of pretrial release related to dating
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violence under s. 784.046;
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f. Violation of injunction for protection against repeat
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violence, sexual violence, or dating violence under s. 784.047;
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g. Stalking, as defined in s. 784.048;
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h. Violation of injunction for protection against
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stalking or cyberstalking under s. 784.0487;
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i. Sexual cyberharassment, as defined in s. 784.049;
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j. Unnatural and lascivious act under s. 800.02; or
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k. Exposure of sexual organs, as defined in s. 800.03.
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(c)(b) The person has never, before the date the
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application for a certificate of eligibility is filed, been
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adjudicated guilty in this state of a criminal offense other
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than an offense eligible for sealing under subparagraph (b)2.,
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or been adjudicated delinquent in this state for committing any
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felony or any of the following misdemeanor offenses, unless the
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record of such adjudication of delinquency has been expunged
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pursuant to s. 943.0515:
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1. Assault, as defined in s. 784.011;
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2. Battery, as defined in s. 784.03;
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3. Assault on a law enforcement officer, a firefighter, or
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other specified officers, as defined in s. 784.07(2)(a);
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4. Carrying a concealed weapon, as defined in s.
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790.01(2);
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5. Open carrying of a weapon, as defined in s. 790.053;
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6. Unlawful possession or discharge of a weapon or firearm
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at a school-sponsored event or on school property, as defined in
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s. 790.115;
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7. Unlawful use of destructive devices or bombs, as
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defined in s. 790.1615(1);
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8. Unlawful possession of a firearm by a minor, as defined
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in s. 790.22(5);
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9. Exposure of sexual organs, as defined in s. 800.03;
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10. Arson, as defined in s. 806.031(1);
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11. Petit theft, as defined in s. 812.014(3);
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12. Neglect of a child, as defined in s. 827.03(1)(e); or
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13. Cruelty to animals, as defined in s. 828.12(1).
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(c) The person has not been adjudicated guilty of, or
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adjudicated delinquent for committing, any of the acts stemming
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from the arrest or alleged criminal activity to which the
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petition to seal pertains.
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(d) The person is no longer serving the sentence or under
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court supervision applicable to any the disposition of arrest or
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alleged criminal activity to which the petition to seal
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pertains.
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(e) The person has never secured a prior sealing or
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expunction of a criminal history record under this section, s.
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943.0585, former s. 893.14, former s. 901.33, or former s.
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943.058 related to an offense for which the person was
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adjudicated guilty.
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(f)1. If a person has previously secured the sealing of a
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criminal history record relating to an offense for which an
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adjudication of guilt was withheld and the person seeks to seal
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a subsequent criminal history record relating to an offense for
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which an adjudication of guilt was withheld, the person has not
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had a conviction for a criminal offense for a period of three
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years following the date on which a court withheld an
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adjudication of guilt for the offense to which the subsequent
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petition to seal pertains.
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2. If the person seeks to seal a criminal history record
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for an offense for which he or she was adjudicated guilty, the
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person has not had a conviction for a criminal offense for a
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period of 5 years following the date on which a court
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adjudicated the person guilty.
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For purposes of this paragraph, the term "conviction" has the
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same meaning as in s. 943.0584(1).
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(2) CERTIFICATE OF ELIGIBILITY.—Before petitioning the
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court to seal a criminal history record, a person seeking to
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seal a criminal history record must apply to the department for
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a certificate of eligibility for sealing. The department shall
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adopt rules relating to the application for and issuance of
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certificates of eligibility for sealing.
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(a) The department shall issue a certificate of
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eligibility for sealing to a person who is the subject of a
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criminal history record if that person:
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1. Satisfies the eligibility criteria in paragraphs
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(1)(a)-(f) (1)(a)-(e) and is not ineligible for court-ordered
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sealing under s. 943.0584.
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2. Has submitted to the department a certified copy of the
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disposition of charge to which the petition pertains.
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3. Remits a $75 processing fee to the department for
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placement in the Department of Law Enforcement Operating Trust
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Fund, unless the executive director waives such fee.
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(b) A certificate of eligibility for sealing is valid for
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12 months after the date stamped on the certificate when issued
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by the department. After that time, the petitioner must reapply
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to the department for a new certificate of eligibility. The
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status of the applicant and the law in effect at the time of the
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renewal application determine the petitioner's eligibility.
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(4) COURT AUTHORITY.—
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(c) The court may order the sealing of a criminal history
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record pertaining to one adjudication of guilt arrest or one
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incident of alleged criminal activity only, except the court may
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order the sealing of a criminal history record pertaining to
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more than one adjudication of guilt arrest if the additional
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adjudications of guilt arrests directly relate to the original
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arrest, original incident of criminal activity, or original
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adjudication of guilt. If the court intends to order the sealing
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of records pertaining to such additional adjudications of guilt
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arrests, such intent must be specified in the order. A criminal
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justice agency may not seal any record pertaining to such
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additional adjudications of guilt arrests if the order to seal
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does not articulate the intention of the court to seal a record
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pertaining to more than one adjudication of guilt arrest. This
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section does not prevent the court from ordering the sealing of
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only a portion of a criminal history record pertaining to one
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arrest or one incident of alleged criminal activity.
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(6) EFFECT OF ORDER.—
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(b) The subject of the criminal history record sealed
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under this section or under other provisions of law, including
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former ss. 893.14, 901.33, and 943.058, may lawfully deny or
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fail to acknowledge the arrests or adjudications of guilt
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covered by the sealed record, except when the subject of the
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record:
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1. Is a candidate for employment with a criminal justice
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agency;
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2. Is a defendant in a criminal prosecution;
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3. Concurrently or subsequently petitions for relief under
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this section, s. 943.0583, or s. 943.0585;
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4. Is a candidate for admission to The Florida Bar;
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5. Is seeking to be employed or licensed by or to contract
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with the Department of Children and Families, the Division of
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Vocational Rehabilitation within the Department of Education,
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the Agency for Health Care Administration, the Agency for
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Persons with Disabilities, the Department of Health, the
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Department of Elderly Affairs, or the Department of Juvenile
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Justice or to be employed or used by such contractor or licensee
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in a sensitive position having direct contact with children, the
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disabled, or the elderly;
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6.a. Is seeking to be employed or licensed by, or contract
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with, the Department of Education, a district unit under s.
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1001.30, a special district unit under s. 1011.24, the Florida
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School for the Deaf and the Blind under s. 1002.36, the Florida
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Virtual School under s. 1002.37, a virtual instruction program
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under s. 1002.45, a charter school under s. 1002.33, a hope
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operator under s. 1002.333, an alternative school under s.
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1008.341, a private or parochial school, or a local governmental
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entity that licenses child care facilities;
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b. Is seeking to be employed or used by a contractor or
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licensee under sub-subparagraph a.; or
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c. Is a person screened under s. 1012.467;
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7. Is attempting to purchase a firearm from a licensed
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importer, licensed manufacturer, or licensed dealer and is
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subject to a criminal history check under state or federal law;
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8. Is seeking to be licensed by the Division of Insurance
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Agent and Agency Services within the Department of Financial
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Services;
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9. Is seeking to be appointed as a guardian pursuant to s.
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744.3125; or
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10. Is seeking to be licensed by the Bureau of License
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Issuance of the Division of Licensing within the Department of
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Agriculture and Consumer Services to carry a concealed weapon or
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concealed firearm. This subparagraph applies only in the
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determination of an applicant's eligibility under s. 790.06.
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Section 2. This act shall take effect July 1, 2026.