HOUSE AMENDMENT

                                     Bill No. CS/HB 4149, 1st Eng.

    Amendment No.     (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 5                                           ORIGINAL STAMP BELOW

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11  Representative(s) Reddick offered the following:

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13         Amendment (with title amendment) 

14         On page 67, between lines 26 and 27 of the bill

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16  insert:

17         Section 55.  This act may be cited as the "Nathan

18  McCall and Anderson C. Hill, II, Forgiveness Act."

19         Section 56.  Section 943.0587, Florida Statutes, is

20  created to read:

21         943.0587  Mandatory sealing of certain felony records

22  upon application to department.--

23         (1)  APPLICATION; REQUIREMENTS.--Notwithstanding s.

24  943.0585, s. 943.059, or any other provision of law or rule to

25  the contrary, a person may seek to seal criminal history

26  records of felony offenses by making application to the

27  Department of Law Enforcement for mandatory sealing of the

28  felony records when all of the following requirements are met:

29         (a)  Each of the felony offenses for which sealing of

30  the criminal history record is sought is a felony of the

31  second degree or felony of the third degree for which the

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    File original & 9 copies    04/29/98
    hmo0008                     09:03 am         04149-0039-831317




                                                   HOUSE AMENDMENT

                                     Bill No. CS/HB 4149, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  person was convicted or had adjudication withheld. This

 2  section does not apply to criminal history records for

 3  offenses which are capital felonies, life felonies, or

 4  felonies of the first degree.

 5         (b)  The person was under 22 years of age when the

 6  person committed any of the felonies for which sealing of the

 7  criminal history records is sought.

 8         (c)  The person has not committed any additional felony

 9  offense for a minimum period of 10 years since the date of

10  adjudication or adjudication withheld for the most recent

11  felony or the date the person was released from confinement

12  for the most recent felony from a detention facility, jail,

13  prison, or other correctional facility, whichever date is

14  later.  The 10-year period shall be deemed to include periods

15  during which the person was under any form of postrelease

16  correctional supervision.

17         (d)  The person has remitted a $75 processing fee to

18  the department for placement in the Department of Law

19  Enforcement Operating Trust Fund, unless such fee is waived by

20  the executive director.

21         (2)  APPLICATION GRANT; EFFECT.--Upon verification that

22  the requirements of subsection (1) have been met, the

23  department shall grant the application to seal, and provide

24  for sealing of the records. The department shall act upon the

25  application to seal the felony records, when granted, as it

26  would act upon an order to seal the records had it been

27  entered by a court.

28         (3)  RULEMAKING.--The department shall, by rule adopted

29  pursuant to chapter 120, establish procedures to implement

30  this section, including procedures pertaining to verification

31  and notification of the application for mandatory sealing of

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    File original & 9 copies    04/29/98
    hmo0008                     09:03 am         04149-0039-831317




                                                   HOUSE AMENDMENT

                                     Bill No. CS/HB 4149, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  felony records.

 2         (4)  CONSTRUCTION.--This section shall be construed so

 3  that the courts of this state continue to have jurisdiction

 4  over their own procedures, including the maintenance, sealing,

 5  and correction of judicial records containing criminal history

 6  information to the extent such procedures are not inconsistent

 7  with the conditions, responsibilities, and duties established

 8  by this section.

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11  ================ T I T L E   A M E N D M E N T ===============

12  And the title is amended as follows:

13         On page 5, line 27

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15  after the semicolon insert:

16         creating the "Nathan McCall and Anderson C.

17         Hill, II, Forgiveness Act"; creating s.

18         943.0587, F.S.; providing for mandatory sealing

19         of certain felony offense records upon

20         application to the Department of Law

21         Enforcement under specified circumstances when

22         the offenses were committed by a person under

23         22 years of age who has not committed any

24         additional felony offenses for at least 10

25         years; providing an exception for capital

26         felonies, life felonies, and felonies of the

27         first degree; providing for application for

28         sealing; providing for an application fee;

29         providing for adoption of rules by the

30         Department of Law Enforcement; providing for

31         construction;

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    File original & 9 copies    04/29/98
    hmo0008                     09:03 am         04149-0039-831317