F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 553 2022
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 positions; providing an effective date.
7
8 Be It Enacted by the Legislature of the State of Florida:
9
10 Section 1. Paragraph (b) of subsection (6) of section
11 943.0585, Florida Statutes, is amended to read:
12 943.0585 Court-ordered expunction of criminal history
13 records.—
14 (6) EFFECT OF EXPUNCTION ORDER.—
15 (b) The person who is the subject of a criminal history
16 record that is expunged under this section or under other
17 provisions of law, including former ss. 893.14, 901.33, and
18 943.058, may lawfully deny or fail to acknowledge the arrests
19 covered by the expunged record, except when the subject of the
20 record:
21 1. Is a candidate for employment with a criminal justice
22 agency;
23 2. Is a defendant in a criminal prosecution;
24 3. Concurrently or subsequently petitions for relief under
25 this section, s. 943.0583, or s. 943.059;
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 553 2022
26 4. Is a candidate for admission to The Florida Bar;
27 5. Is seeking to be employed or licensed by or to contract
28 with the Department of Children and Families, the Division of
29 Vocational Rehabilitation within the Department of Education,
30 the Agency for Health Care Administration, the Agency for
31 Persons with Disabilities, the Department of Health, the
32 Department of Elderly Affairs, or the Department of Juvenile
33 Justice or to be employed or used by such contractor or licensee
34 in a sensitive position having direct contact with children, the
35 disabled, or the elderly;
36 6. Is seeking to be employed or licensed by the Department
37 of Education, any district school board, any university
38 laboratory school, any charter school, any private or parochial
39 school, or any local governmental entity that licenses child
40 care facilities, except that an expunged misdemeanor violation
41 of chapter 812 may be lawfully denied or may fail to be
42 acknowledged;
43 7. Is seeking to be licensed by the Division of Insurance
44 Agent and Agency Services within the Department of Financial
45 Services; or
46 8. Is seeking to be appointed as a guardian pursuant to s.
47 744.3125.
48 Section 2. This act shall take effect July 1, 2022.
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Statutes affected:
H 553 Filed: 943.0585