Florida 2022 Regular Session

Florida House Bill H0553 Latest Draft

Bill / Introduced Version Filed 11/09/2021

                               
 
HB 553  	2022 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb0553-00 
Page 1 of 2 
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 
 
 
 
A bill to be entitled 1 
An act relating to misdemeanor criminal history record 2 
expunction; amending s. 943.0585, F.S.; authorizing a 3 
person to lawfully deny or fail to acknowledge certain 4 
expunged misdemeanor arrests when applying for 5 
specified positions; providing an effective date. 6 
 7 
Be It Enacted by the Legislature of the State of Florida: 8 
 9 
 Section 1.  Paragraph (b) of subsection (6) of section 10 
943.0585, Florida Statutes, i s amended to read: 11 
 943.0585  Court-ordered expunction of criminal history 12 
records.— 13 
 (6)  EFFECT OF EXPUNCTION ORDER. — 14 
 (b)  The person who is the subject of a criminal history 15 
record that is expunged under this section or under other 16 
provisions of law, i ncluding former ss. 893.14, 901.33, and 17 
943.058, may lawfully deny or fail to acknowledge the arrests 18 
covered by the expunged record, except when the subject of the 19 
record: 20 
 1.  Is a candidate for employment with a criminal justice 21 
agency; 22 
 2.  Is a defendant in a criminal prosecution; 23 
 3.  Concurrently or subsequently petitions for relief under 24 
this section, s. 943.0583, or s. 943.059; 25     
 
HB 553  	2022 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb0553-00 
Page 2 of 2 
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 
 
 
 
 4.  Is a candidate for admission to The Florida Bar; 26 
 5.  Is seeking to be employed or licensed by or to contract 27 
with the Department of Children and Families, the Division of 28 
Vocational Rehabilitation within the Department of Education, 29 
the Agency for Health Care Administration, the Agency for 30 
Persons with Disabilities, the Department of Health, the 31 
Department of Elderly Af fairs, or the Department of Juvenile 32 
Justice or to be employed or used by such contractor or licensee 33 
in a sensitive position having direct contact with children, the 34 
disabled, or the elderly; 35 
 6.  Is seeking to be employed or licensed by the Department 36 
of Education, any district school board, any university 37 
laboratory school, any charter school, any private or parochial 38 
school, or any local governmental entity that licenses child 39 
care facilities, except that an expunged misdemeanor violation 40 
of chapter 812 may be lawfully denied or may fail to be 41 
acknowledged; 42 
 7.  Is seeking to be licensed by the Division of Insurance 43 
Agent and Agency Services within the Department of Financial 44 
Services; or 45 
 8.  Is seeking to be appointed as a guardian pursuant to s. 46 
744.3125. 47 
 Section 2.  This act shall take effect July 1, 2022. 48