Senate Bill sb1844c1
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Florida Senate - 2006 CS for SB 1844
By the Committee on Judiciary; and Senators Haridopolos and
Crist
590-2332-06
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.
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18 Be It Enacted by the Legislature of the State of Florida:
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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 CS for SB 1844
590-2332-06
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. The affidavit
19 shall include the date and time of the arrest, the name of the
20 arresting officer, the name of the person arrested, and the
21 crime or crimes charged.
22 (5) No application, endorsement, or affidavit made
23 under this section shall be admissible as evidence in any
24 judicial or administrative proceeding or otherwise be
25 construed in any way as an admission of liability in
26 connection with an arrest.
27 Section 2. This act shall take effect upon becoming a
28 law.
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 1844
590-2332-06
1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 Senate Bill 1844
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4 The committee substitute adds a requirement that affidavits
include the date and time of the arrest, the name of the
5 arresting officer, the name of the person arrested, and the
crime or crimes charged.
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