Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. CS for SB 118
       
       
       
       
       
       
                                Ì6715080Î671508                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  03/06/2017           .                                
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       The Committee on Criminal Justice (Brandes) recommended the
       following:
       
    1         Senate Amendment to Substitute Amendment (756200) (with
    2  directory and title amendments)
    3  
    4         Between lines 88 and 89
    5  insert:
    6         (1) PETITION TO EXPUNGE A CRIMINAL HISTORY RECORD.—Each
    7  petition to a court to expunge a criminal history record is
    8  complete only when accompanied by:
    9         (b) The petitioner’s sworn statement attesting that the
   10  petitioner:
   11         1. Has never, before prior to the date on which the
   12  petition is filed, been adjudicated guilty of a felony criminal
   13  offense or comparable ordinance violation, or been adjudicated
   14  delinquent for committing any felony or a misdemeanor specified
   15  in s. 943.051(3)(b).
   16         2. Has not been adjudicated guilty of a misdemeanor offense
   17  or been adjudicated delinquent for committing a misdemeanor
   18  specified in s. 943.051(3)(b) in the previous 10 years.
   19         3.2. Has not been adjudicated guilty of, or adjudicated
   20  delinquent for committing, any of the acts stemming from the
   21  arrest or alleged criminal activity to which the petition
   22  pertains.
   23         4.3. Has never secured a prior sealing or expunction of a
   24  criminal history record under this section, s. 943.059, former
   25  s. 893.14, former s. 901.33, or former s. 943.058, unless
   26  expunction is sought of a criminal history record previously
   27  sealed for 10 years pursuant to paragraph (2)(h) and the record
   28  is otherwise eligible for expunction.
   29         5.4. Is eligible for such an expunction to the best of his
   30  or her knowledge or belief and does not have any other petition
   31  to expunge or any petition to seal pending before any court.
   32  
   33  Any person who knowingly provides false information on such
   34  sworn statement to the court commits a felony of the third
   35  degree, punishable as provided in s. 775.082, s. 775.083, or s.
   36  775.084.
   37  
   38  ====== D I R E C T O R Y  C L A U S E  A M E N D M E N T ======
   39  And the directory clause is amended as follows:
   40         Delete line 36
   41  and insert:
   42         Section 2. Paragraph (b) of subsection (1) and paragraph
   43  (a) of subsection (2) of section
   44  
   45  ================= T I T L E  A M E N D M E N T ================
   46  And the title is amended as follows:
   47         Delete line 155
   48  and insert:
   49         adjudications of guilt or delinquency for specified
   50         misdemeanor offenses committed before a certain time
   51         and instances in which a judgment of acquittal or a