HB 193

A bill to be entitled
2An act relating to administrative expunction of arrest
3records; amending s. 943.0581, F.S.; deleting language
4pertaining to discretion of a law enforcement agency as to
5whether to apply to the Department of Law Enforcement for
6the administrative expunction of any nonjudicial record of
7any arrest of a minor or an adult who is subsequently
8determined to have been arrested contrary to law or by
9mistake; providing for application for such expunction by
10the arrestee, or parent or legal guardian of a minor child
11arrestee, in the absence of such a determination by the
12law enforcement agency without the endorsement of the
13request by the agency; requiring submission of specified
14documentation with such a request for administrative
15expunction; limiting the requirements that requests be
16submitted on agency letterhead and contain certain
17signatures to those requests made by law enforcement
18agencies; providing an effective date.
20Be It Enacted by the Legislature of the State of Florida:
22     Section 1.  Subsections (2), (3), and (4) of section
23943.0581, Florida Statutes, are amended to read:
24     943.0581  Administrative expunction.-
25     (2)  A law enforcement agency shall apply to the department
26in the manner prescribed by rule for the administrative
27expunction of any nonjudicial record of any arrest of a minor or
28an adult who is subsequently determined by the agency, at its
29discretion, or by the final order of a court of competent
30jurisdiction, to have been arrested contrary to law or by
32     (3)  An adult or, in the case of a minor child, the parent
33or legal guardian of the minor child, may apply to the
34department in the manner prescribed by rule for the
35administrative expunction of any nonjudicial record of an arrest
36alleged to have been made contrary to law or by mistake,
37provided that the application is supported by documentation from
38the department stating that the arrest was contrary to law or by
39mistake the endorsement of the head of the arresting agency or
40his or her designee or the state attorney of the judicial
41circuit in which the arrest occurred or his or her designee.
42     (4)  An application for administrative expunction shall
43include the date and time of the arrest, the name of the person
44arrested, the offender-based tracking system (OBTS) number, and
45the crime or crimes charged. An The application under subsection
46(2) must shall be on the submitting agency's letterhead and
47shall be signed by the head of the submitting agency or his or
48her designee.
49     Section 2.  This act shall take effect July 1, 2011.

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