HB 1497

1
A bill to be entitled
2An act relating to civil citations; amending s. 985.12,
3F.S.; requiring the expungement of the nonjudicial arrest
4record of a minor who successfully completes a civil
5citation program; amending s. 943.0582, F.S.; requiring
6the Department of Law Enforcement to expunge the
7nonjudicial record of the arrest of a minor who
8successfully completes a civil citation program; setting
9forth the conditions that apply in order for the
10department to expunge the record; authorizing the
11department to charge a processing fee; providing for
12retroactive effect; providing an effective date.
13
14Be It Enacted by the Legislature of the State of Florida:
15
16     Section 1.  Subsection (6) is added to section 985.12,
17Florida Statutes, to read:
18     985.12  Civil citation.-
19     (6)  A civil citation program shall, with the concurrence
20of the agencies that established the program, provide for the
21expunction of a nonjudicial arrest record, pursuant to s.
22943.0582, of a minor who successfully completes the civil
23citation program.
24     Section 2.  Section 943.0582, Florida Statutes, is amended
25to read:
26     943.0582  Prearrest, postarrest, or teen court diversion
27program expunction; civil citation expunction.-
28     (1)  Notwithstanding any law dealing generally with the
29preservation and destruction of public records, the department
30shall adopt a may provide, by rule to provide adopted pursuant
31to chapter 120, for the expunction of any nonjudicial record of
32the arrest of a minor who has successfully completed a prearrest
33or postarrest diversion program for minors as authorized by s.
34985.125 or a civil citation program for minors as authorized by
35s. 985.12.
36     (2)(a)  As used in this section, the term "expunction" has
37the same meaning ascribed in and effect as s. 943.0585, except
38that:
39     1.  The provisions of s. 943.0585(4)(a) do not apply,
40except that the criminal history record of a person whose record
41is expunged pursuant to this section shall be made available
42only to criminal justice agencies for the purpose of determining
43eligibility for prearrest, postarrest, or teen court diversion
44programs, or for determining eligibility for a civil citation
45program; when the record is sought as part of a criminal
46investigation; or when the subject of the record is a candidate
47for employment with a criminal justice agency. For all other
48purposes, a person whose record is expunged under this section
49may lawfully deny or fail to acknowledge the arrest and the
50charge covered by the expunged record.
51     2.  Records maintained by local criminal justice agencies
52in the county where in which the arrest occurred which that are
53eligible for expunction pursuant to this section shall be sealed
54as the term is used in s. 943.059.
55     (b)  As used in this section, the term "nonviolent
56misdemeanor" includes simple assault or battery when prearrest
57or postarrest diversion expunction is approved in writing by the
58state attorney for the county in which the arrest occurred.
59     (3)  The department shall expunge the nonjudicial arrest
60record of a minor who has successfully completed a prearrest or
61postarrest diversion program or a minor who has successfully
62completed a civil citation program if that minor:
63     (a)  Submits an application to expunge the nonjudicial
64record of for prearrest or postarrest diversion or participation
65in a civil citation program expunction, on a form prescribed by
66the department, signed by the minor's parent or legal guardian,
67or by the minor if he or she has reached the age of majority at
68the time of applying.
69     (b)  Submits the application to expunge the record of for
70prearrest or postarrest diversion or participation in a civil
71citation program expunction no later than 6 months after
72completion of the diversion program or civil citation program.
73     (c)  Submits to the department, with the application, an
74official written statement from the state attorney for the
75county in which the arrest occurred certifying that he or she
76has successfully completed that county's prearrest or postarrest
77diversion program or civil citation program and that
78participation in the applicable program is strictly limited to
79minors arrested for a nonviolent misdemeanor who have not
80otherwise been charged with or found to have committed any
81criminal offense or comparable ordinance violation.
82     (d)  Participated in a prearrest or postarrest diversion
83program or civil citation program that expressly authorizes or
84permits such expunction to occur.
85     (e)  Participated in a prearrest or postarrest diversion
86program or civil citation program based on an arrest for a
87nonviolent misdemeanor that would not qualify as an act of
88domestic violence as that term is defined in s. 741.28.
89     (f)  Has never, prior to filing the application for
90expunction, been charged with or been found to have committed
91any criminal offense or comparable ordinance violation.
92     (4)  The department may is authorized to charge a $75
93processing fee for each request received to expunge a for
94prearrest or postarrest diversion program record or a civil
95citation program record expunction, to be placed for placement
96in the Department of Law Enforcement Operating Trust Fund,
97unless such fee is waived by the executive director.
98     (5)  This section operates retroactively to permit the
99expunction of any nonjudicial record of the arrest of a minor
100who has successfully completed a prearrest or postarrest
101diversion program or civil citation program on or after July 1,
1022000; however, in the case of a minor whose completion of the
103program occurred before the effective date of this section, the
104application for prearrest or postarrest diversion expunction
105must be submitted within 6 months after the effective date of
106this section.
107     (6)  Expunction or sealing granted under this section does
108not prevent the minor who receives such relief from petitioning
109for the expunction or sealing of a later criminal history record
110as provided for in ss. 943.0585 and 943.059, if the minor is
111otherwise eligible under those sections.
112     Section 3.  This act shall take effect July 1, 2010.


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