Senate Bill sb1844

    Florida Senate - 2006                                  SB 1844

    By Senator Haridopolos





    26-1425-06                                           See HB 41

  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; requiring an affidavit;

13         providing that an application, endorsement, or

14         affidavit may not be admitted into evidence or

15         construed as an admission of liability;

16         providing an effective date.

17  

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

19  

20         Section 1.  Section 943.0581, Florida Statutes, is

21  amended to read:

22         943.0581  Administrative expunction.--

23         (1)  Notwithstanding any law dealing generally with the

24  preservation and destruction of public records, the department

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

26  administrative expunction of any nonjudicial record of an

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

28  mistake.

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

30  department in the manner prescribed by rule for the

31  administrative expunction of any nonjudicial record of any

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






    Florida Senate - 2006                                  SB 1844
    26-1425-06                                           See HB 41




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

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

 3  court of competent jurisdiction, to have been arrested

 4  contrary to law or by mistake.

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

 6  parent or legal guardian of the minor child, may apply to the

 7  department in the manner prescribed by rule for the

 8  administrative expunction of any nonjudicial record of an

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

10  mistake, provided that the application is supported by the

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

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

13         (4)  An application for administrative expunction shall

14  include an affidavit executed by the chief of the law

15  enforcement agency, sheriff, or department head of the state

16  law enforcement agency in which the affiant verifies that he

17  or she has reviewed the record of the arrest and that the

18  arrest was contrary to law or was a mistake.

19         (5)  No application, endorsement, or affidavit made

20  under this section shall be admissible as evidence in any

21  judicial or administrative proceeding or otherwise be

22  construed in any way as an admission of liability in

23  connection with an arrest.

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

25  law.

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