Senate Bill sb0774

    Florida Senate - 2001                                   SB 774

    By Senators Dawson and Jones





    30-322-01

  1                      A bill to be entitled

  2         An act relating to administrative expunction of

  3         arrest records; amending s. 943.0581, F.S.;

  4         requiring the Department of Law Enforcement to

  5         expunge any arrest record that pertains to an

  6         arrest made under a law that is subsequently

  7         declared to be unconstitutional by the court;

  8         providing an effective date.

  9

10  Be It Enacted by the Legislature of the State of Florida:

11

12         Section 1.  Section 943.0581, Florida Statutes, is

13  amended to read:

14         943.0581  Administrative expunction.--Notwithstanding

15  any law dealing generally with the preservation and

16  destruction of public records, the department may provide, by

17  rule adopted pursuant to chapter 120, for the administrative

18  expunction of any nonjudicial record of an arrest of a minor

19  or an adult made contrary to law or by mistake. In addition,

20  the department shall expunge the arrest record of a minor or

21  an adult which pertains to an arrest made under a law that is

22  subsequently declared unconstitutional by a court of competent

23  jurisdiction.

24         Section 2.  This act shall take effect upon becoming a

25  law.

26

27            *****************************************

28                          SENATE SUMMARY

29    Requires that the Department of Law Enforcement expunge
      any arrest record pertaining to an arrest of a minor or
30    an adult which is subsequently declared to be
      unconstitutional by a court of competent jurisdiction.
31

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CODING: Words stricken are deletions; words underlined are additions.