Florida Senate - 2019                                    SB 1578
       
       
        
       By Senator Taddeo
       
       
       
       
       
       40-00443-19                                           20191578__
    1                        A bill to be entitled                      
    2         An act relating to criminal history records; amending
    3         s. 943.0585, F.S.; revising the requirements of
    4         petitioning for expunction of a criminal history
    5         record to include a sworn statement that the
    6         petitioner seeks the expunction of one or more
    7         criminal history records for which no charging
    8         document was filed or issued, for which all related
    9         charges were dismissed before trial, for which if a
   10         charging document was filed or issued in a case, it
   11         was dismissed or nolle prosequi by the prosecutor or
   12         was dismissed by a court, or for which a judgment of
   13         acquittal or a verdict of not guilty was rendered;
   14         amending s. 943.059, F.S.; revising the requirements
   15         of petitioning for sealing of a criminal history
   16         record to include a sworn statement that the
   17         petitioner seeks the sealing of one or more criminal
   18         history records for which no charging document was
   19         filed or issued, for which all related charges were
   20         dismissed before trial, for which if a charging
   21         document was filed or issued in a case, it was
   22         dismissed or nolle prosequi by the prosecutor or was
   23         dismissed by a court, or for which a judgment of
   24         acquittal or a verdict of not guilty was rendered;
   25         prohibiting a clerk of the court from charging a
   26         filing fee for the sealing of criminal history records
   27         if the clerk of the court determines that such
   28         petitioner is indigent; reenacting ss. 948.08(6)(b)
   29         and (7)(b), 948.16(1)(b) and (2)(b), and 985.345(1)(b)
   30         and (2)(c), F.S., relating to pretrial intervention
   31         programs, misdemeanor pretrial intervention programs,
   32         and delinquency pretrial intervention programs,
   33         respectively, to incorporate the amendment made to s.
   34         943.0585, F.S., in references thereto; providing an
   35         effective date.
   36          
   37  Be It Enacted by the Legislature of the State of Florida:
   38  
   39         Section 1. Subsections (1) and (2) of section 943.0585,
   40  Florida Statutes, are amended to read:
   41         943.0585 Court-ordered expunction of criminal history
   42  records.—The courts of this state have jurisdiction over their
   43  own procedures, including the maintenance, expunction, and
   44  correction of judicial records containing criminal history
   45  information to the extent such procedures are not inconsistent
   46  with the conditions, responsibilities, and duties established by
   47  this section. Any court of competent jurisdiction may order a
   48  criminal justice agency to expunge the criminal history record
   49  of a minor or an adult who complies with the requirements of
   50  this section. The court shall not order a criminal justice
   51  agency to expunge a criminal history record until the person
   52  seeking to expunge a criminal history record has applied for and
   53  received a certificate of eligibility for expunction pursuant to
   54  subsection (2) or subsection (5). A criminal history record that
   55  relates to a violation of s. 393.135, s. 394.4593, s. 787.025,
   56  chapter 794, former s. 796.03, s. 800.04, s. 810.14, s. 817.034,
   57  s. 825.1025, s. 827.071, chapter 839, s. 847.0133, s. 847.0135,
   58  s. 847.0145, s. 893.135, s. 916.1075, a violation enumerated in
   59  s. 907.041, or any violation specified as a predicate offense
   60  for registration as a sexual predator pursuant to s. 775.21,
   61  without regard to whether that offense alone is sufficient to
   62  require such registration, or for registration as a sexual
   63  offender pursuant to s. 943.0435, may not be expunged, without
   64  regard to whether adjudication was withheld, if the defendant
   65  was found guilty of or pled guilty or nolo contendere to the
   66  offense, or if the defendant, as a minor, was found to have
   67  committed, or pled guilty or nolo contendere to committing, the
   68  offense as a delinquent act. The court may only order expunction
   69  of a criminal history record pertaining to one arrest or one
   70  incident of alleged criminal activity, except as provided in
   71  this section. The court may, at its sole discretion, order the
   72  expunction of a criminal history record pertaining to more than
   73  one arrest if the additional arrests directly relate to the
   74  original arrest. If the court intends to order the expunction of
   75  records pertaining to such additional arrests, such intent must
   76  be specified in the order. A criminal justice agency may not
   77  expunge any record pertaining to such additional arrests if the
   78  order to expunge does not articulate the intention of the court
   79  to expunge a record pertaining to more than one arrest. This
   80  section does not prevent the court from ordering the expunction
   81  of only a portion of a criminal history record pertaining to one
   82  arrest or one incident of alleged criminal activity.
   83  Notwithstanding any law to the contrary, a criminal justice
   84  agency may comply with laws, court orders, and official requests
   85  of other jurisdictions relating to expunction, correction, or
   86  confidential handling of criminal history records or information
   87  derived therefrom. This section does not confer any right to the
   88  expunction of any criminal history record, and any request for
   89  expunction of a criminal history record may be denied at the
   90  sole discretion of the court.
   91         (1) PETITION TO EXPUNGE A CRIMINAL HISTORY RECORD.—Each
   92  petition to a court to expunge a criminal history record is
   93  complete only when accompanied by:
   94         (a) A valid certificate of eligibility for expunction
   95  issued by the department pursuant to subsection (2).
   96         (b) The petitioner’s sworn statement attesting that the
   97  petitioner:
   98         1. Has never, before prior to the date on which the
   99  petition is filed, been adjudicated guilty of a criminal offense
  100  or comparable ordinance violation, or been adjudicated
  101  delinquent for committing any felony or a misdemeanor specified
  102  in s. 943.051(3)(b).
  103         2. Has not been adjudicated guilty of, or adjudicated
  104  delinquent for committing, any of the acts stemming from the
  105  arrest or alleged criminal activity to which the petition
  106  pertains.
  107         3.a. Has never secured a prior sealing or expunction of a
  108  criminal history record under this section, s. 943.059, former
  109  s. 893.14, former s. 901.33, or former s. 943.058, unless
  110  expunction is sought of a criminal history record previously
  111  sealed for 10 years pursuant to paragraph (2)(h) and the record
  112  is otherwise eligible for expunction;
  113         b. Seeks the expunction of one or more criminal history
  114  records for which an indictment, information, or other charging
  115  document was not filed or issued in the case or for which all
  116  charges related to the arrest or alleged criminal activity to
  117  which the petition pertains were dismissed before trial, and the
  118  record is otherwise eligible for expunction; or
  119         c. Seeks the expunction of one or more criminal history
  120  records for which an indictment, information, or other charging
  121  document, if filed or issued in the case, was dismissed or nolle
  122  prosequi by the state attorney or statewide prosecutor or was
  123  dismissed by a court of competent jurisdiction, for which a
  124  judgment of acquittal was rendered by a judge, or for which a
  125  verdict of not guilty was rendered by a judge or jury, and the
  126  record is otherwise eligible for expunction.
  127         4. Is eligible for such an expunction to the best of his or
  128  her knowledge or belief and does not have any other petition to
  129  expunge or any petition to seal pending before any court.
  130  
  131  Any person who knowingly provides false information on such
  132  sworn statement to the court commits a felony of the third
  133  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  134  775.084.
  135         (2) CERTIFICATE OF ELIGIBILITY FOR EXPUNCTION.—Before Prior
  136  to petitioning the court to expunge a criminal history record, a
  137  person seeking to expunge a criminal history record shall apply
  138  to the department for a certificate of eligibility for
  139  expunction. The department shall, by rule adopted pursuant to
  140  chapter 120, establish procedures pertaining to the application
  141  for and issuance of certificates of eligibility for expunction.
  142  A certificate of eligibility for expunction is valid for 12
  143  months after the date stamped on the certificate when issued by
  144  the department. After that time, the petitioner must reapply to
  145  the department for a new certificate of eligibility. Eligibility
  146  for a renewed certification of eligibility must be based on the
  147  status of the applicant and the law in effect at the time of the
  148  renewal application. The department shall issue a certificate of
  149  eligibility for expunction to a person who is the subject of a
  150  criminal history record if that person:
  151         (a) Has obtained, and submitted to the department, a
  152  written, certified statement from the appropriate state attorney
  153  or statewide prosecutor which indicates:
  154         1. That an indictment, information, or other charging
  155  document was not filed or issued in the case.
  156         2. That an indictment, information, or other charging
  157  document, if filed or issued in the case, was dismissed or nolle
  158  prosequi by the state attorney or statewide prosecutor or was
  159  dismissed by a court of competent jurisdiction, that a judgment
  160  of acquittal was rendered by a judge, or that a verdict of not
  161  guilty was rendered by a judge or jury.
  162         3. That the criminal history record does not relate to a
  163  violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794,
  164  former s. 796.03, s. 800.04, s. 810.14, s. 817.034, s. 825.1025,
  165  s. 827.071, chapter 839, s. 847.0133, s. 847.0135, s. 847.0145,
  166  s. 893.135, s. 916.1075, a violation enumerated in s. 907.041,
  167  or any violation specified as a predicate offense for
  168  registration as a sexual predator pursuant to s. 775.21, without
  169  regard to whether that offense alone is sufficient to require
  170  such registration, or for registration as a sexual offender
  171  pursuant to s. 943.0435, where the defendant was found guilty
  172  of, or pled guilty or nolo contendere to any such offense, or
  173  that the defendant, as a minor, was found to have committed, or
  174  pled guilty or nolo contendere to committing, such an offense as
  175  a delinquent act, without regard to whether adjudication was
  176  withheld.
  177         (b) Remits a $75 processing fee to the department for
  178  placement in the Department of Law Enforcement Operating Trust
  179  Fund, unless such fee is waived by the executive director.
  180         (c) Has submitted to the department a certified copy of the
  181  disposition of the charge to which the petition to expunge
  182  pertains.
  183         (d) Has never, before prior to the date on which the
  184  application for a certificate of eligibility is filed, been
  185  adjudicated guilty of a criminal offense or comparable ordinance
  186  violation, or been adjudicated delinquent for committing any
  187  felony or a misdemeanor specified in s. 943.051(3)(b).
  188         (e) Has not been adjudicated guilty of, or adjudicated
  189  delinquent for committing, any of the acts stemming from the
  190  arrest or alleged criminal activity to which the petition to
  191  expunge pertains.
  192         (f)1. Has never secured a prior sealing or expunction of a
  193  criminal history record under this section, s. 943.059, former
  194  s. 893.14, former s. 901.33, or former s. 943.058, unless
  195  expunction is sought of a criminal history record previously
  196  sealed for 10 years pursuant to paragraph (h) and the record is
  197  otherwise eligible for expunction;
  198         2. Seeks the expunction of one or more criminal history
  199  records for which an indictment, information, or other charging
  200  document was not filed or issued in the case or for which all
  201  charges related to the arrest or alleged criminal activity to
  202  which the petition pertains were dismissed before trial, and the
  203  record is otherwise eligible for expunction; or
  204         c. Seeks the expunction of one or more criminal history
  205  records for which an indictment, information, or other charging
  206  document, if filed or issued in the case, was dismissed or nolle
  207  prosequi by the state attorney or statewide prosecutor or was
  208  dismissed by a court of competent jurisdiction, for which a
  209  judgment of acquittal was rendered by a judge, or for which a
  210  verdict of not guilty was rendered by a judge or jury, and the
  211  record is otherwise eligible for expunction.
  212         (g) Is no longer under court supervision applicable to the
  213  disposition of the arrest or alleged criminal activity to which
  214  the petition to expunge pertains.
  215         (h) Has previously obtained a court order sealing the
  216  record under this section, former s. 893.14, former s. 901.33,
  217  or former s. 943.058 for a minimum of 10 years because
  218  adjudication was withheld or because all charges related to the
  219  arrest or alleged criminal activity to which the petition to
  220  expunge pertains were not dismissed before trial, without regard
  221  to whether the outcome of the trial was other than an
  222  adjudication of guilt. The requirement for the record to have
  223  previously been sealed for a minimum of 10 years does not apply
  224  when a plea was not entered or all charges related to the arrest
  225  or alleged criminal activity to which the petition to expunge
  226  pertains were dismissed before trial or a judgment of acquittal
  227  was rendered by a judge or a verdict of not guilty was rendered
  228  by a judge or jury.
  229         Section 2. Present subsection (5) of section 943.059,
  230  Florida Statutes, is redesignated as subsection (6) of that
  231  section, a new subsection (5) is added to that section, and
  232  subsections (1) and (2) of that section are amended, to read:
  233         943.059 Court-ordered sealing of criminal history records.
  234  The courts of this state shall continue to have jurisdiction
  235  over their own procedures, including the maintenance, sealing,
  236  and correction of judicial records containing criminal history
  237  information to the extent such procedures are not inconsistent
  238  with the conditions, responsibilities, and duties established by
  239  this section. Any court of competent jurisdiction may order a
  240  criminal justice agency to seal the criminal history record of a
  241  minor or an adult who complies with the requirements of this
  242  section. The court shall not order a criminal justice agency to
  243  seal a criminal history record until the person seeking to seal
  244  a criminal history record has applied for and received a
  245  certificate of eligibility for sealing pursuant to subsection
  246  (2). A criminal history record that relates to a violation of s.
  247  393.135, s. 394.4593, s. 787.025, chapter 794, former s. 796.03,
  248  s. 800.04, s. 810.14, s. 817.034, s. 825.1025, s. 827.071,
  249  chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s. 893.135,
  250  s. 916.1075, a violation enumerated in s. 907.041, or any
  251  violation specified as a predicate offense for registration as a
  252  sexual predator pursuant to s. 775.21, without regard to whether
  253  that offense alone is sufficient to require such registration,
  254  or for registration as a sexual offender pursuant to s.
  255  943.0435, may not be sealed, without regard to whether
  256  adjudication was withheld, if the defendant was found guilty of
  257  or pled guilty or nolo contendere to the offense, or if the
  258  defendant, as a minor, was found to have committed or pled
  259  guilty or nolo contendere to committing the offense as a
  260  delinquent act. The court may only order sealing of a criminal
  261  history record pertaining to one arrest or one incident of
  262  alleged criminal activity, except as provided in this section.
  263  The court may, at its sole discretion, order the sealing of a
  264  criminal history record pertaining to more than one arrest if
  265  the additional arrests directly relate to the original arrest.
  266  If the court intends to order the sealing of records pertaining
  267  to such additional arrests, such intent must be specified in the
  268  order. A criminal justice agency may not seal any record
  269  pertaining to such additional arrests if the order to seal does
  270  not articulate the intention of the court to seal records
  271  pertaining to more than one arrest. This section does not
  272  prevent the court from ordering the sealing of only a portion of
  273  a criminal history record pertaining to one arrest or one
  274  incident of alleged criminal activity. Notwithstanding any law
  275  to the contrary, a criminal justice agency may comply with laws,
  276  court orders, and official requests of other jurisdictions
  277  relating to sealing, correction, or confidential handling of
  278  criminal history records or information derived therefrom. This
  279  section does not confer any right to the sealing of any criminal
  280  history record, and any request for sealing a criminal history
  281  record may be denied at the sole discretion of the court.
  282         (1) PETITION TO SEAL A CRIMINAL HISTORY RECORD.—Each
  283  petition to a court to seal a criminal history record is
  284  complete only when accompanied by:
  285         (a) A valid certificate of eligibility for sealing issued
  286  by the department pursuant to subsection (2).
  287         (b) The petitioner’s sworn statement attesting that the
  288  petitioner:
  289         1. Has never, before prior to the date on which the
  290  petition is filed, been adjudicated guilty of a criminal offense
  291  or comparable ordinance violation, or been adjudicated
  292  delinquent for committing any felony or a misdemeanor specified
  293  in s. 943.051(3)(b).
  294         2. Has not been adjudicated guilty of or adjudicated
  295  delinquent for committing any of the acts stemming from the
  296  arrest or alleged criminal activity to which the petition to
  297  seal pertains.
  298         3.a. Has never secured a prior sealing or expunction of a
  299  criminal history record under this section, s. 943.0585, former
  300  s. 893.14, former s. 901.33, or former s. 943.058;
  301         b. Seeks the sealing of one or more criminal history
  302  records for which an indictment, information, or other charging
  303  document was not filed or issued in the case or for which all
  304  charges related to the arrest or alleged criminal activity to
  305  which the petition pertains were dismissed before trial, and the
  306  record is otherwise eligible for sealing; or
  307         c. Seeks the sealing of one or more criminal history
  308  records for which an indictment, information, or other charging
  309  document, if filed or issued in the case, was dismissed or nolle
  310  prosequi by the state attorney or statewide prosecutor or was
  311  dismissed by a court of competent jurisdiction, for which a
  312  judgment of acquittal was rendered by a judge, or for which a
  313  verdict of not guilty was rendered by a judge or jury, and the
  314  record is otherwise eligible for sealing.
  315         4. Is eligible for such a sealing to the best of his or her
  316  knowledge or belief and does not have any other petition to seal
  317  or any petition to expunge pending before any court.
  318  
  319  Any person who knowingly provides false information on such
  320  sworn statement to the court commits a felony of the third
  321  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  322  775.084.
  323         (2) CERTIFICATE OF ELIGIBILITY FOR SEALING.—Prior to
  324  petitioning the court to seal a criminal history record, a
  325  person seeking to seal a criminal history record shall apply to
  326  the department for a certificate of eligibility for sealing. The
  327  department shall, by rule adopted pursuant to chapter 120,
  328  establish procedures pertaining to the application for and
  329  issuance of certificates of eligibility for sealing. A
  330  certificate of eligibility for sealing is valid for 12 months
  331  after the date stamped on the certificate when issued by the
  332  department. After that time, the petitioner must reapply to the
  333  department for a new certificate of eligibility. Eligibility for
  334  a renewed certification of eligibility must be based on the
  335  status of the applicant and the law in effect at the time of the
  336  renewal application. The department shall issue a certificate of
  337  eligibility for sealing to a person who is the subject of a
  338  criminal history record provided that such person:
  339         (a) Has submitted to the department a certified copy of the
  340  disposition of the charge to which the petition to seal
  341  pertains.
  342         (b) Remits a $75 processing fee to the department for
  343  placement in the Department of Law Enforcement Operating Trust
  344  Fund, unless such fee is waived by the executive director.
  345         (c) Is not seeking to seal a criminal history record that
  346  relates to a violation of s. 393.135, s. 394.4593, s. 787.025,
  347  chapter 794, former s. 796.03, s. 800.04, s. 810.14, s. 817.034,
  348  s. 825.1025, s. 827.071, chapter 839, s. 847.0133, s. 847.0135,
  349  s. 847.0145, s. 893.135, s. 916.1075, a violation enumerated in
  350  s. 907.041, or any violation specified as a predicate offense
  351  for registration as a sexual predator pursuant to s. 775.21,
  352  without regard to whether that offense alone is sufficient to
  353  require such registration, or for registration as a sexual
  354  offender pursuant to s. 943.0435, where the defendant was found
  355  guilty of, or pled guilty or nolo contendere to any such
  356  offense, or that the defendant, as a minor, was found to have
  357  committed, or pled guilty or nolo contendere to committing, such
  358  an offense as a delinquent act, without regard to whether
  359  adjudication was withheld.
  360         (d) Has never, prior to the date on which the application
  361  for a certificate of eligibility is filed, been adjudicated
  362  guilty of a criminal offense or comparable ordinance violation,
  363  or been adjudicated delinquent for committing any felony or a
  364  misdemeanor specified in s. 943.051(3)(b).
  365         (e) Has not been adjudicated guilty of or adjudicated
  366  delinquent for committing any of the acts stemming from the
  367  arrest or alleged criminal activity to which the petition to
  368  seal pertains.
  369         (f)1. Has never secured a prior sealing or expunction of a
  370  criminal history record under this section, s. 943.0585, former
  371  s. 893.14, former s. 901.33, or former s. 943.058;
  372         2. Seeks the sealing of one or more criminal history
  373  records for which an indictment, information, or other charging
  374  document was not filed or issued in the case or for which all
  375  charges related to the arrest or alleged criminal activity to
  376  which the petition pertains were dismissed before trial, and the
  377  record is otherwise eligible for sealing; or
  378         3. Seeks the sealing of one or more criminal history
  379  records for which an indictment, information, or other charging
  380  document, if filed or issued in the case, was dismissed or nolle
  381  prosequi by the state attorney or statewide prosecutor or was
  382  dismissed by a court of competent jurisdiction, for which a
  383  judgment of acquittal was rendered by a judge, or for which a
  384  verdict of not guilty was rendered by a judge or jury, and the
  385  record is otherwise eligible for sealing.
  386         (g) Is no longer under court supervision applicable to the
  387  disposition of the arrest or alleged criminal activity to which
  388  the petition to seal pertains.
  389         (5) A clerk of the court may not change a filing fee for
  390  any action under this section if the clerk of the court
  391  determines under s. 27.52 that the applicant is indigent.
  392         Section 3. For the purpose of incorporating the amendment
  393  made by this act to section 943.0585, Florida Statutes, in a
  394  reference thereto, paragraph (b) of subsection (6) and paragraph
  395  (b) of subsection (7) of section 948.08, Florida Statutes, is
  396  reenacted to read:
  397         948.08 Pretrial intervention program.—
  398         (6)
  399         (b) While enrolled in a pretrial intervention program
  400  authorized by this subsection, the participant is subject to a
  401  coordinated strategy developed by a drug court team under s.
  402  397.334(4). The coordinated strategy may include a protocol of
  403  sanctions that may be imposed upon the participant for
  404  noncompliance with program rules. The protocol of sanctions may
  405  include, but is not limited to, placement in a substance abuse
  406  treatment program offered by a licensed service provider as
  407  defined in s. 397.311 or in a jail-based treatment program or
  408  serving a period of incarceration within the time limits
  409  established for contempt of court. The coordinated strategy must
  410  be provided in writing to the participant before the participant
  411  agrees to enter into a pretrial treatment-based drug court
  412  program or other pretrial intervention program. Any person whose
  413  charges are dismissed after successful completion of the
  414  treatment-based drug court program, if otherwise eligible, may
  415  have his or her arrest record and plea of nolo contendere to the
  416  dismissed charges expunged under s. 943.0585.
  417         (7)
  418         (b) While enrolled in a pretrial intervention program
  419  authorized by this subsection, the participant shall be subject
  420  to a coordinated strategy developed by a veterans’ treatment
  421  intervention team. The coordinated strategy should be modeled
  422  after the therapeutic jurisprudence principles and key
  423  components in s. 397.334(4), with treatment specific to the
  424  needs of servicemembers and veterans. The coordinated strategy
  425  may include a protocol of sanctions that may be imposed upon the
  426  participant for noncompliance with program rules. The protocol
  427  of sanctions may include, but need not be limited to, placement
  428  in a treatment program offered by a licensed service provider or
  429  in a jail-based treatment program or serving a period of
  430  incarceration within the time limits established for contempt of
  431  court. The coordinated strategy must be provided in writing to
  432  the participant before the participant agrees to enter into a
  433  pretrial veterans’ treatment intervention program or other
  434  pretrial intervention program. Any person whose charges are
  435  dismissed after successful completion of the pretrial veterans’
  436  treatment intervention program, if otherwise eligible, may have
  437  his or her arrest record of the dismissed charges expunged under
  438  s. 943.0585.
  439         Section 4. For the purpose of incorporating the amendment
  440  made by this act to section 943.0585, Florida Statutes, in a
  441  reference thereto, paragraph (b) of subsection (1) and paragraph
  442  (b) of subsection (2) of section 948.16, Florida Statutes, is
  443  reenacted to read:
  444         948.16 Misdemeanor pretrial substance abuse education and
  445  treatment intervention program; misdemeanor pretrial veterans’
  446  treatment intervention program; misdemeanor pretrial mental
  447  health court program.—
  448         (1)
  449         (b) While enrolled in a pretrial intervention program
  450  authorized by this section, the participant is subject to a
  451  coordinated strategy developed by a drug court team under s.
  452  397.334(4). The coordinated strategy may include a protocol of
  453  sanctions that may be imposed upon the participant for
  454  noncompliance with program rules. The protocol of sanctions may
  455  include, but is not limited to, placement in a substance abuse
  456  treatment program offered by a licensed service provider as
  457  defined in s. 397.311 or in a jail-based treatment program or
  458  serving a period of incarceration within the time limits
  459  established for contempt of court. The coordinated strategy must
  460  be provided in writing to the participant before the participant
  461  agrees to enter into a pretrial treatment-based drug court
  462  program or other pretrial intervention program. Any person whose
  463  charges are dismissed after successful completion of the
  464  treatment-based drug court program, if otherwise eligible, may
  465  have his or her arrest record and plea of nolo contendere to the
  466  dismissed charges expunged under s. 943.0585.
  467         (2)
  468         (b) While enrolled in a pretrial intervention program
  469  authorized by this section, the participant shall be subject to
  470  a coordinated strategy developed by a veterans’ treatment
  471  intervention team. The coordinated strategy should be modeled
  472  after the therapeutic jurisprudence principles and key
  473  components in s. 397.334(4), with treatment specific to the
  474  needs of veterans and servicemembers. The coordinated strategy
  475  may include a protocol of sanctions that may be imposed upon the
  476  participant for noncompliance with program rules. The protocol
  477  of sanctions may include, but need not be limited to, placement
  478  in a treatment program offered by a licensed service provider or
  479  in a jail-based treatment program or serving a period of
  480  incarceration within the time limits established for contempt of
  481  court. The coordinated strategy must be provided in writing to
  482  the participant before the participant agrees to enter into a
  483  misdemeanor pretrial veterans’ treatment intervention program or
  484  other pretrial intervention program. Any person whose charges
  485  are dismissed after successful completion of the misdemeanor
  486  pretrial veterans’ treatment intervention program, if otherwise
  487  eligible, may have his or her arrest record of the dismissed
  488  charges expunged under s. 943.0585.
  489         Section 5. For the purpose of incorporating the amendment
  490  made by this act to section 943.0585, Florida Statutes, in a
  491  reference thereto, paragraph (b) of subsection (1) and paragraph
  492  (c) of subsection (2) of section 985.345, Florida Statutes, is
  493  reenacted to read:
  494         985.345 Delinquency pretrial intervention programs.—
  495         (1)
  496         (b) While enrolled in a delinquency pretrial intervention
  497  program authorized by this subsection, a child is subject to a
  498  coordinated strategy developed by a drug court team under s.
  499  397.334(4). The coordinated strategy may include a protocol of
  500  sanctions that may be imposed upon the child for noncompliance
  501  with program rules. The protocol of sanctions may include, but
  502  is not limited to, placement in a substance abuse treatment
  503  program offered by a licensed service provider as defined in s.
  504  397.311 or serving a period of secure detention under this
  505  chapter. The coordinated strategy must be provided in writing to
  506  the child before the child agrees to enter the pretrial
  507  treatment-based drug court program or other pretrial
  508  intervention program. A child whose charges are dismissed after
  509  successful completion of the treatment-based drug court program,
  510  if otherwise eligible, may have his or her arrest record and
  511  plea of nolo contendere to the dismissed charges expunged under
  512  s. 943.0585.
  513         (2)
  514         (c) A child whose charges are dismissed after successful
  515  completion of the delinquency pretrial mental health court
  516  intervention program, if otherwise eligible, may have his or her
  517  criminal history record for such charges expunged under s.
  518  943.0585.
  519         Section 6. This act shall take effect July 1, 2019.