Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. CS for SB 2276
       
       
       
       
       
       
                                Barcode 152370                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                 Comm: UNFAV           .                                
                  04/15/2009           .                                
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       The Committee on Judiciary (Joyner) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 387 - 409
    4  and insert:
    5         (b) On the basis of an arrest, if the department obtains,
    6  for each charge against the person on the basis of which the
    7  analysis was or could have been included in the statewide DNA
    8  database, a certified copy of the No Information or Nolle
    9  Prosequi filed by the state attorney, or final court order or
   10  other official documentation establishing that the charge has
   11  been dismissed, has resulted in an acquittal, or that no charge
   12  was filed within the applicable time period. Upon entry of one
   13  of these orders or filings for any person, the clerk shall
   14  notify the department. If the department determines that the
   15  person is included in the DNA database based solely on the
   16  charge that is the subject of the clerk's notification, it shall
   17  request certified copies of the orders or filings from the
   18  clerk.
   19  
   20  For purposes of this section, a court order is not final if time
   21  remains for an appeal or application for discretionary review
   22  with respect to the order, or if a case has been remanded for
   23  retrial or other proceedings and has not been resolved after
   24  remand, or time remains for appeal or discretionary review of
   25  the remanded case or any other such proceedings that have not
   26  concluded and rendered the case resolved with finality.
   27         (17) RULES.-The department shall, by rule, establish the
   28  procedure by which a person seeking removal of his or her DNA
   29  analysis and biological sample from the statewide DNA database
   30  shall submit the certified information required in paragraph
   31  (16)(a) to the department. The department shall also establish,
   32  by rule, the procedure by which the department processes and
   33  tracks notifications from the clerk and requests from the clerk
   34  certified copies of the court orders and filings required for
   35  the removal of a person's DNA analysis and biological sample
   36  from the statewide DNA database in paragraph (16)(b).
   37  
   38  
   39  ================= T I T L E  A M E N D M E N T ================
   40         And the title is amended as follows:
   41         Delete line 53
   42  and insert:
   43  result of an arrest; requiring the clerk of court to notify the
   44  Department of Law Enforcement upon certain filings in criminal
   45  cases; requiring the Department of Law Enforcement to determine
   46  eligibility for expungement of DNA analysis and biological
   47  samples and to request certified copies of orders and filings;
   48  authorizing the Department of Law
   49