Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. CS for SB 118
       
       
       
       
       
       
                                Ì371480!Î371480                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/06/2017           .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       The Committee on Criminal Justice (Brandes) recommended the
       following:
       
    1         Senate Amendment to Substitute Amendment (756200) (with
    2  title amendment)
    3  
    4         Delete lines 36 - 134
    5  and insert:
    6         Section 2. Paragraph (b) of subsection (1) and paragraphs
    7  (a) and (d) of subsection (2) of section 943.0585, Florida
    8  Statutes, is amended to read:
    9         943.0585 Court-ordered expunction of criminal history
   10  records.—The courts of this state have jurisdiction over their
   11  own procedures, including the maintenance, expunction, and
   12  correction of judicial records containing criminal history
   13  information to the extent such procedures are not inconsistent
   14  with the conditions, responsibilities, and duties established by
   15  this section. Any court of competent jurisdiction may order a
   16  criminal justice agency to expunge the criminal history record
   17  of a minor or an adult who complies with the requirements of
   18  this section. The court shall not order a criminal justice
   19  agency to expunge a criminal history record until the person
   20  seeking to expunge a criminal history record has applied for and
   21  received a certificate of eligibility for expunction pursuant to
   22  subsection (2) or subsection (5). A criminal history record that
   23  relates to a violation of s. 393.135, s. 394.4593, s. 787.025,
   24  chapter 794, former s. 796.03, s. 800.04, s. 810.14, s. 817.034,
   25  s. 825.1025, s. 827.071, chapter 839, s. 847.0133, s. 847.0135,
   26  s. 847.0145, s. 893.135, s. 916.1075, a violation enumerated in
   27  s. 907.041, or any violation specified as a predicate offense
   28  for registration as a sexual predator pursuant to s. 775.21,
   29  without regard to whether that offense alone is sufficient to
   30  require such registration, or for registration as a sexual
   31  offender pursuant to s. 943.0435, may not be expunged, without
   32  regard to whether adjudication was withheld, if the defendant
   33  was found guilty of or pled guilty or nolo contendere to the
   34  offense, or if the defendant, as a minor, was found to have
   35  committed, or pled guilty or nolo contendere to committing, the
   36  offense as a delinquent act. The court may only order expunction
   37  of a criminal history record pertaining to one arrest or one
   38  incident of alleged criminal activity, except as provided in
   39  this section. The court may, at its sole discretion, order the
   40  expunction of a criminal history record pertaining to more than
   41  one arrest if the additional arrests directly relate to the
   42  original arrest. If the court intends to order the expunction of
   43  records pertaining to such additional arrests, such intent must
   44  be specified in the order. A criminal justice agency may not
   45  expunge any record pertaining to such additional arrests if the
   46  order to expunge does not articulate the intention of the court
   47  to expunge a record pertaining to more than one arrest. This
   48  section does not prevent the court from ordering the expunction
   49  of only a portion of a criminal history record pertaining to one
   50  arrest or one incident of alleged criminal activity.
   51  Notwithstanding any law to the contrary, a criminal justice
   52  agency may comply with laws, court orders, and official requests
   53  of other jurisdictions relating to expunction, correction, or
   54  confidential handling of criminal history records or information
   55  derived therefrom. This section does not confer any right to the
   56  expunction of any criminal history record, and any request for
   57  expunction of a criminal history record may be denied at the
   58  sole discretion of the court.
   59         (1) PETITION TO EXPUNGE A CRIMINAL HISTORY RECORD.—Each
   60  petition to a court to expunge a criminal history record is
   61  complete only when accompanied by:
   62         (b) The petitioner’s sworn statement attesting that the
   63  petitioner:
   64         1. Has never, before prior to the date on which the
   65  petition is filed, been adjudicated guilty of a felony criminal
   66  offense or comparable ordinance violation, or been adjudicated
   67  delinquent for committing any felony or a misdemeanor specified
   68  in s. 943.051(3)(b).
   69         2. Has not been adjudicated guilty of a misdemeanor offense
   70  or been adjudicated delinquent for committing a misdemeanor
   71  specified in s. 943.051(3)(b) in the previous 10 years.
   72         3.2. Has not been adjudicated guilty of, or adjudicated
   73  delinquent for committing, any of the acts stemming from the
   74  arrest or alleged criminal activity to which the petition
   75  pertains.
   76         4.3. Has never secured a prior sealing or expunction of a
   77  criminal history record under this section, s. 943.059, former
   78  s. 893.14, former s. 901.33, or former s. 943.058, unless
   79  expunction is sought of a criminal history record previously
   80  sealed for 10 years pursuant to paragraph (2)(h) and the record
   81  is otherwise eligible for expunction.
   82         5.4. Is eligible for such an expunction to the best of his
   83  or her knowledge or belief and does not have any other petition
   84  to expunge or any petition to seal pending before any court.
   85  
   86  Any person who knowingly provides false information on such
   87  sworn statement to the court commits a felony of the third
   88  degree, punishable as provided in s. 775.082, s. 775.083, or s.
   89  775.084.
   90         (2) CERTIFICATE OF ELIGIBILITY FOR EXPUNCTION.—Prior to
   91  petitioning the court to expunge a criminal history record, a
   92  person seeking to expunge a criminal history record shall apply
   93  to the department for a certificate of eligibility for
   94  expunction. The department shall, by rule adopted pursuant to
   95  chapter 120, establish procedures pertaining to the application
   96  for and issuance of certificates of eligibility for expunction.
   97  A certificate of eligibility for expunction is valid for 12
   98  months after the date stamped on the certificate when issued by
   99  the department. After that time, the petitioner must reapply to
  100  the department for a new certificate of eligibility. Eligibility
  101  for a renewed certification of eligibility must be based on the
  102  status of the applicant and the law in effect at the time of the
  103  renewal application. The department shall issue a certificate of
  104  eligibility for expunction to a person who is the subject of a
  105  criminal history record if that person:
  106         (a) Has obtained, and submitted to the department, a
  107  written, certified statement from the appropriate state attorney
  108  or statewide prosecutor which indicates:
  109         1. That an indictment, information, or other charging
  110  document was not filed or issued in the case.
  111         2. That an indictment, information, or other charging
  112  document, if filed or issued in the case, was dismissed or nolle
  113  prosequi by the state attorney or statewide prosecutor, or was
  114  dismissed by a court of competent jurisdiction, that a judgment
  115  of acquittal was rendered by a judge, or that a verdict of not
  116  guilty was rendered by a judge or jury and that none of the
  117  charges related to the arrest or alleged criminal activity to
  118  which the petition to expunge pertains resulted in a trial,
  119  without regard to whether the outcome of the trial was other
  120  than an adjudication of guilt.
  121         3. That the criminal history record does not relate to a
  122  violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794,
  123  former s. 796.03, s. 800.04, s. 810.14, s. 817.034, s. 825.1025,
  124  s. 827.071, chapter 839, s. 847.0133, s. 847.0135, s. 847.0145,
  125  s. 893.135, s. 916.1075, a violation enumerated in s. 907.041,
  126  or any violation specified as a predicate offense for
  127  registration as a sexual predator pursuant to s. 775.21, without
  128  regard to whether that offense alone is sufficient to require
  129  such registration, or for registration as a sexual offender
  130  pursuant to s. 943.0435, where the defendant was found guilty
  131  of, or pled guilty or nolo contendere to any such offense, or
  132  that the defendant, as a minor, was found to have committed, or
  133  pled guilty or nolo contendere to committing, such an offense as
  134  a delinquent act, without regard to whether adjudication was
  135  withheld.
  136         (d)1. Has never, before prior to the date on which the
  137  application for a certificate of eligibility is filed, been
  138  adjudicated guilty of a felony criminal offense or comparable
  139  ordinance violation, or been adjudicated delinquent for
  140  committing any felony or a misdemeanor specified in s.
  141  943.051(3)(b).
  142         2. Has not been adjudicated guilty of a misdemeanor offense
  143  or been adjudicated delinquent for committing a misdemeanor
  144  specified in s. 943.051(3)(b) in the previous 10 years.
  145  
  146  ================= T I T L E  A M E N D M E N T ================
  147  And the title is amended as follows:
  148         Delete line 155
  149  and insert:
  150         adjudications of guilt or delinquency for specified
  151         misdemeanor offenses committed before a certain time
  152         and instances in which a judgment of acquittal or a