| 1 | A bill to be entitled |
| 2 | An act relating to civil citations; amending s. 985.12, |
| 3 | F.S.; requiring the expunction of the nonjudicial arrest |
| 4 | record of a minor who successfully completes a civil |
| 5 | citation program; amending s. 943.0582, F.S.; requiring |
| 6 | the Department of Law Enforcement to expunge the |
| 7 | nonjudicial record of the arrest of a minor who |
| 8 | successfully completes a civil citation program; setting |
| 9 | forth the conditions that apply in order for the |
| 10 | department to expunge the record; authorizing the |
| 11 | department to charge a processing fee; providing for |
| 12 | retroactive effect; providing an effective date. |
| 13 |
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| 14 | Be It Enacted by the Legislature of the State of Florida: |
| 15 |
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| 16 | Section 1. Subsection (6) is added to section 985.12, |
| 17 | Florida Statutes, to read: |
| 18 | 985.12 Civil citation.- |
| 19 | (6) A civil citation program shall, with the concurrence |
| 20 | of the agencies that established the program, provide for the |
| 21 | expunction of a nonjudicial arrest record, pursuant to s. |
| 22 | 943.0582, of a minor who successfully completes the civil |
| 23 | citation program. |
| 24 | Section 2. Section 943.0582, Florida Statutes, is amended |
| 25 | to read: |
| 26 | 943.0582 Prearrest, postarrest, or teen court diversion |
| 27 | program expunction; civil citation expunction.- |
| 28 | (1) Notwithstanding any law dealing generally with the |
| 29 | preservation and destruction of public records, the department |
| 30 | shall adopt a may provide, by rule to provide adopted pursuant |
| 31 | to chapter 120, for the expunction of any nonjudicial record of |
| 32 | the arrest of a minor who has successfully completed a prearrest |
| 33 | or postarrest diversion program for minors as authorized by s. |
| 34 | 985.125 or a civil citation program for minors as authorized by |
| 35 | s. 985.12. |
| 36 | (2)(a) As used in this section, the term "expunction" has |
| 37 | the same meaning ascribed in and effect as s. 943.0585, except |
| 38 | that: |
| 39 | 1. The provisions of s. 943.0585(4)(a) do not apply, |
| 40 | except that the criminal history record of a person whose record |
| 41 | is expunged pursuant to this section shall be made available |
| 42 | only to criminal justice agencies for the purpose of determining |
| 43 | eligibility for prearrest, postarrest, or teen court diversion |
| 44 | programs, or for determining eligibility for a civil citation |
| 45 | program; when the record is sought as part of a criminal |
| 46 | investigation; or when the subject of the record is a candidate |
| 47 | for employment with a criminal justice agency. For all other |
| 48 | purposes, a person whose record is expunged under this section |
| 49 | may lawfully deny or fail to acknowledge the arrest and the |
| 50 | charge covered by the expunged record. |
| 51 | 2. Records maintained by local criminal justice agencies |
| 52 | in the county where in which the arrest occurred which that are |
| 53 | eligible for expunction pursuant to this section shall be sealed |
| 54 | as the term is used in s. 943.059. |
| 55 | (b) As used in this section, the term "nonviolent |
| 56 | misdemeanor" includes simple assault or battery when prearrest |
| 57 | or postarrest diversion expunction is approved in writing by the |
| 58 | state attorney for the county in which the arrest occurred. |
| 59 | (3) The department shall expunge the nonjudicial arrest |
| 60 | record of a minor who has successfully completed a prearrest or |
| 61 | postarrest diversion program or a minor who has successfully |
| 62 | completed a civil citation program if that minor: |
| 63 | (a) Submits an application to expunge the nonjudicial |
| 64 | record of for prearrest or postarrest diversion or participation |
| 65 | in a civil citation program expunction, on a form prescribed by |
| 66 | the department, signed by the minor's parent or legal guardian, |
| 67 | or by the minor if he or she has reached the age of majority at |
| 68 | the time of applying. |
| 69 | (b) Submits the application to expunge the record of for |
| 70 | prearrest or postarrest diversion or participation in a civil |
| 71 | citation program expunction no later than 6 months after |
| 72 | completion of the diversion program or civil citation program. |
| 73 | (c) Submits to the department, with the application, an |
| 74 | official written statement from the state attorney for the |
| 75 | county in which the arrest occurred certifying that he or she |
| 76 | has successfully completed that county's prearrest or postarrest |
| 77 | diversion program or civil citation program and that |
| 78 | participation in the applicable program is strictly limited to |
| 79 | minors arrested for a nonviolent misdemeanor who have not |
| 80 | otherwise been charged with or found to have committed any |
| 81 | criminal offense or comparable ordinance violation. |
| 82 | (d) Participated in a prearrest or postarrest diversion |
| 83 | program or civil citation program that expressly authorizes or |
| 84 | permits such expunction to occur. |
| 85 | (e) Participated in a prearrest or postarrest diversion |
| 86 | program or civil citation program based on an arrest for a |
| 87 | nonviolent misdemeanor that would not qualify as an act of |
| 88 | domestic violence as that term is defined in s. 741.28. |
| 89 | (f) Has never, before prior to filing the application for |
| 90 | expunction, been charged with or been found to have committed |
| 91 | any criminal offense or comparable ordinance violation. |
| 92 | (4) The department may is authorized to charge a $75 |
| 93 | processing fee for each request received to expunge a for |
| 94 | prearrest or postarrest diversion program record or a civil |
| 95 | citation program record expunction, which shall be placed for |
| 96 | placement in the Department of Law Enforcement Operating Trust |
| 97 | Fund, unless such fee is waived by the executive director. |
| 98 | (5) This section operates retroactively to permit the |
| 99 | expunction of any nonjudicial record of the arrest of a minor |
| 100 | who has successfully completed a prearrest or postarrest |
| 101 | diversion program or civil citation program on or after July 1, |
| 102 | 2000; however, in the case of a minor whose completion of the |
| 103 | program occurred before the effective date of this section, the |
| 104 | application for prearrest or postarrest diversion expunction |
| 105 | must be submitted within 6 months after the effective date of |
| 106 | this section. |
| 107 | (6) Expunction or sealing granted under this section does |
| 108 | not prevent the minor who receives such relief from petitioning |
| 109 | for the expunction or sealing of a later criminal history record |
| 110 | as provided for in ss. 943.0585 and 943.059, if the minor is |
| 111 | otherwise eligible under those sections. |
| 112 | Section 3. This act shall take effect July 1, 2011. |