Florida Senate - 2015                                    SB 1334
       
       
        
       By Senator Braynon
       
       
       
       
       
       36-01058-15                                           20151334__
    1                        A bill to be entitled                      
    2         An act relating to juvenile expunction; amending s.
    3         943.0582, F.S.; allowing minors who have certain
    4         felony arrests to have the Department of Law
    5         Enforcement expunge their nonjudicial arrest record
    6         upon successful completion of a prearrest or
    7         postarrest diversion program; reenacting s.
    8         985.125(3), F.S., to incorporate the amendment made to
    9         s. 943.0582, F.S., in a reference thereto; providing
   10         an effective date.
   11          
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Paragraphs (c) and (e) of subsection (3) of
   15  section 943.0582, Florida Statutes, are amended to read:
   16         943.0582 Prearrest, postarrest, or teen court diversion
   17  program expunction.—
   18         (3) The department shall expunge the nonjudicial arrest
   19  record of a minor who has successfully completed a prearrest or
   20  postarrest diversion program if that minor:
   21         (c) Submits to the department, with the application, an
   22  official written statement from the state attorney for the
   23  county in which the arrest occurred certifying that he or she
   24  has:
   25         1. Successfully completed that county’s prearrest or
   26  postarrest diversion program., that his or her participation
   27         2. Participated in the program based on an arrest resulting
   28  in one or more charges unrelated to: was based on an arrest for
   29         a. A violent nonviolent misdemeanor;
   30         b. A felony violation of s. 393.135, s. 394.4593, s.
   31  787.025, s. 787.06, chapter 794, s. 800.04, s. 810.14, s.
   32  817.034, s. 825.1025, s. 827.071, chapter 839, s. 847.0133, s.
   33  847.0135, s. 847.0145, s. 893.135, or s. 916.1075;
   34         c. A violation enumerated in s. 907.041; or
   35         d. A violation specified as a predicate offense for
   36  registration as a sexual predator pursuant to s. 775.21, without
   37  regard to whether that offense alone is sufficient to require
   38  such registration, or for registration as a sexual offender
   39  pursuant to s. 943.0435., and that he or she has
   40         3. Not otherwise been charged by the state attorney with or
   41  found to have committed any criminal offense or comparable
   42  ordinance violation.
   43         (e) Participated in a prearrest or postarrest diversion
   44  program based on an arrest for a nonviolent misdemeanor that
   45  would not qualify as an act of domestic violence as that term is
   46  defined in s. 741.28.
   47         Section 2. Subsection (3) of s. 985.125, Florida Statutes,
   48  is reenacted for the purpose of incorporating the amendment made
   49  by this act to s. 943.0582, Florida Statutes, in a reference
   50  thereto.
   51         Section 3. This act shall take effect July 1, 2015.