Senate Bill sb2476

    Florida Senate - 2004                                  SB 2476

    By Senator Haridopolos





    26-1723-04                                              See HB

  1                      A bill to be entitled

  2         An act relating to administrative expunction of

  3         nonjudicial arrest records; amending s.

  4         943.0581, F.S.; requiring the arresting law

  5         enforcement agency to apply to the Department

  6         of Law Enforcement for the administrative

  7         expunction of certain nonjudicial records of

  8         arrest; authorizing certain persons to apply

  9         directly to the department for administrative

10         expunction in certain circumstances; requiring

11         such persons to support such application with

12         an endorsement; providing that an application

13         or endorsement may not be admitted into

14         evidence or construed as an admission of

15         liability; providing an effective date.

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

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19         Section 1.  Section 943.0581, Florida Statutes, is

20  amended to read:

21         943.0581  Administrative expunction.--

22         (1)  Notwithstanding any law dealing generally with the

23  preservation and destruction of public records, the department

24  may provide, by rule adopted pursuant to chapter 120, for the

25  administrative expunction of any nonjudicial record of an

26  arrest of a minor or an adult made contrary to law or by

27  mistake.

28         (2)  A law enforcement agency shall apply to the

29  department, in the manner prescribed by rule, for the

30  administrative expunction of any nonjudicial record of any

31  arrest of a minor or an adult who is subsequently determined

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    Florida Senate - 2004                                  SB 2476
    26-1723-04                                              See HB




 1  by the agency, at its discretion, or by the final order of a

 2  court of competent jurisdiction, to have been arrested

 3  contrary to law or by mistake.

 4         (3)  An adult or, in the case of a minor child, the

 5  parent or legal guardian of such minor child may apply to the

 6  department, in the manner prescribed by rule, for the

 7  administrative expunction of any nonjudicial record of an

 8  arrest alleged to have been made contrary to law or by

 9  mistake, provided that such application is supported by the

10  endorsement of the head of the arresting agency or the state

11  attorney of the judicial circuit in which the arrest occurred.

12         (4)  No application or endorsement made under this

13  section shall be admissible as evidence in any judicial or

14  administrative proceeding, or otherwise be construed in any

15  way as an admission of liability in connection with an arrest.

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

17  law.

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