| 1 | The Justice Council recommends the following: |
| 2 |
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| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to administrative expunction of |
| 7 | nonjudicial arrest records; amending s. 943.0581, F.S.; |
| 8 | requiring the arresting law enforcement agency to apply to |
| 9 | the Department of Law Enforcement for the administrative |
| 10 | expunction of certain nonjudicial records of arrest; |
| 11 | authorizing certain persons to apply directly to the |
| 12 | department for administrative expunction in certain |
| 13 | circumstances; requiring such persons to support such |
| 14 | application with an endorsement; requiring an affidavit |
| 15 | with specified information; providing that an application, |
| 16 | endorsement, or affidavit may not be admitted into |
| 17 | evidence or construed as an admission of liability; |
| 18 | providing an effective date. |
| 19 |
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| 20 | Be It Enacted by the Legislature of the State of Florida: |
| 21 |
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| 22 | Section 1. Section 943.0581, Florida Statutes, is amended |
| 23 | to read: |
| 24 | 943.0581 Administrative expunction.-- |
| 25 | (1) Notwithstanding any law dealing generally with the |
| 26 | preservation and destruction of public records, the department |
| 27 | may provide, by rule adopted pursuant to chapter 120, for the |
| 28 | administrative expunction of any nonjudicial record of an arrest |
| 29 | of a minor or an adult made contrary to law or by mistake. |
| 30 | (2) A law enforcement agency shall apply to the department |
| 31 | in the manner prescribed by rule for the administrative |
| 32 | expunction of any nonjudicial record of any arrest of a minor or |
| 33 | an adult who is subsequently determined by the agency, at its |
| 34 | discretion, or by the final order of a court of competent |
| 35 | jurisdiction, to have been arrested contrary to law or by |
| 36 | mistake. |
| 37 | (3) An adult or, in the case of a minor child, the parent |
| 38 | or legal guardian of the minor child, may apply to the |
| 39 | department in the manner prescribed by rule for the |
| 40 | administrative expunction of any nonjudicial record of an arrest |
| 41 | alleged to have been made contrary to law or by mistake, |
| 42 | provided that the application is supported by the endorsement of |
| 43 | the head of the arresting agency or the state attorney of the |
| 44 | judicial circuit in which the arrest occurred. |
| 45 | (4) An application for administrative expunction shall |
| 46 | include an affidavit executed by the chief of the law |
| 47 | enforcement agency, sheriff, or department head of the state law |
| 48 | enforcement agency in which the affiant verifies that he or she |
| 49 | has reviewed the record of the arrest and that the arrest was |
| 50 | contrary to law or was a mistake. The affidavit shall include |
| 51 | the date and time of the arrest, the name of the arresting |
| 52 | officer, the name of the person arrested, and the crime or |
| 53 | crimes charged. |
| 54 | (5) No application, endorsement, or affidavit made under |
| 55 | this section shall be admissible as evidence in any judicial or |
| 56 | administrative proceeding or otherwise be construed in any way |
| 57 | as an admission of liability in connection with an arrest. |
| 58 | Section 2. This act shall take effect upon becoming a law. |