Florida Senate - 2012                        COMMITTEE AMENDMENT
       Bill No. SB 940
                                Barcode 664734                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/22/2012           .                                

       The Committee on Criminal Justice (Hays) recommended the
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraphs (b), (c), (e), and (f) of subsection
    6  (3) and subsection (5) of section 943.0582, Florida Statutes,
    7  are amended to read:
    8         943.0582 Prearrest, postarrest, or teen court diversion
    9  program expunction.—
   10         (3) The department shall expunge the nonjudicial arrest
   11  record of a minor who has successfully completed a prearrest or
   12  postarrest diversion program if that minor:
   13         (b) Submits the application for prearrest or postarrest
   14  diversion expunction no later than 12 6 months after completion
   15  of the diversion program.
   16         (c) Submits to the department, with the application, an
   17  official written statement from the state attorney for the
   18  county in which the arrest occurred certifying that he or she
   19  has successfully completed that county’s prearrest or postarrest
   20  diversion program, and that he or she participated participation
   21  in the program based on an arrest is strictly limited to minors
   22  arrested for a nonviolent misdemeanor, or for a felony that does
   23  not relate to a violation of s. 393.135, s. 394.4593, s.
   24  787.025, chapter 794, s. 796.03, s. 800.04, s. 810.14, s.
   25  817.034, s. 825.1025, s. 827.071, chapter 839, s. 847.0133, s.
   26  847.0135, s. 847.0145, s. 893.135, s. 916.1075, a violation
   27  enumerated in s. 907.041, or any violation specified as a
   28  predicate offense for registration as a sexual predator pursuant
   29  to s. 775.21, without regard to whether that offense alone is
   30  sufficient to require such registration, or for registration as
   31  a sexual offender pursuant to s. 943.0435, and that he or she
   32  has who have not otherwise been charged with or found to have
   33  committed any criminal offense or comparable ordinance
   34  violation.
   35         (e) Participated in a prearrest or postarrest diversion
   36  program based on an arrest for a nonviolent misdemeanor that
   37  would not qualify as an act of domestic violence as that term is
   38  defined in s. 741.28.
   39         (e)(f) Has never, before prior to filing the application
   40  for expunction, been charged with or been found to have
   41  committed any criminal offense or comparable ordinance
   42  violation.
   43         (5) This section operates retroactively to permit the
   44  expunction of any nonjudicial record of the arrest of a minor
   45  who has successfully completed a prearrest or postarrest
   46  diversion program on or after July 1, 2000; however, in the case
   47  of a minor whose completion of the program occurred before July
   48  1, 2012 the effective date of this section, the application for
   49  prearrest or postarrest diversion expunction must be submitted
   50  within 12 6 months after July 1, 2012 the effective date of this
   51  section.
   52         Section 2. This act shall take effect July 1, 2012.
   54  ================= T I T L E  A M E N D M E N T ================
   55  And the title is amended as follows:
   57         Delete everything before the enacting clause
   58  and insert:
   59                        A bill to be entitled                      
   60         An act relating to juvenile expunction; amending s.
   61         943.0582, F.S.; allowing minors who have certain
   62         felony arrests to have the Department of Law
   63         Enforcement expunge their nonjudicial arrest record
   64         upon successful completion of a prearrest or
   65         postarrest diversion program; extending the
   66         application submission period for minors who have
   67         successfully completed a prearrest or postarrest
   68         diversion program; extending the application
   69         submission date for minors who completed the program
   70         before a certain date; providing an effective date.