Florida Senate - 2012                              CS for SB 940
       By the Committee on Criminal Justice; and Senator Wise
       591-03791-12                                           2012940c1
    1                        A bill to be entitled                      
    2         An act relating to juvenile expunction; amending s.
    3         943.0582, F.S.; allowing minors who have certain
    4         felony arrests to have the Department of Law
    5         Enforcement expunge their nonjudicial arrest record
    6         upon successful completion of a prearrest or
    7         postarrest diversion program; extending the
    8         application submission period for minors who have
    9         successfully completed a prearrest or postarrest
   10         diversion program; extending the application
   11         submission date for minors who completed the program
   12         before a certain date; providing an effective date.
   14  Be It Enacted by the Legislature of the State of Florida:
   16         Section 1. Paragraphs (b), (c), (e), and (f) of subsection
   17  (3) and subsection (5) of section 943.0582, Florida Statutes,
   18  are amended to read:
   19         943.0582 Prearrest, postarrest, or teen court diversion
   20  program expunction.—
   21         (3) The department shall expunge the nonjudicial arrest
   22  record of a minor who has successfully completed a prearrest or
   23  postarrest diversion program if that minor:
   24         (b) Submits the application for prearrest or postarrest
   25  diversion expunction no later than 12 6 months after completion
   26  of the diversion program.
   27         (c) Submits to the department, with the application, an
   28  official written statement from the state attorney for the
   29  county in which the arrest occurred certifying that he or she
   30  has successfully completed that county’s prearrest or postarrest
   31  diversion program, and that he or she participated participation
   32  in the program based on an arrest is strictly limited to minors
   33  arrested for a nonviolent misdemeanor, or for a felony that does
   34  not relate to a violation of s. 393.135, s. 394.4593, s.
   35  787.025, chapter 794, s. 796.03, s. 800.04, s. 810.14, s.
   36  817.034, s. 825.1025, s. 827.071, chapter 839, s. 847.0133, s.
   37  847.0135, s. 847.0145, s. 893.135, s. 916.1075, a violation
   38  enumerated in s. 907.041, or any violation specified as a
   39  predicate offense for registration as a sexual predator pursuant
   40  to s. 775.21, without regard to whether that offense alone is
   41  sufficient to require such registration, or for registration as
   42  a sexual offender pursuant to s. 943.0435, and that he or she
   43  has who have not otherwise been charged with or found to have
   44  committed any criminal offense or comparable ordinance
   45  violation.
   46         (e) Participated in a prearrest or postarrest diversion
   47  program based on an arrest for a nonviolent misdemeanor that
   48  would not qualify as an act of domestic violence as that term is
   49  defined in s. 741.28.
   50         (e)(f) Has never, before prior to filing the application
   51  for expunction, been charged with or been found to have
   52  committed any criminal offense or comparable ordinance
   53  violation.
   54         (5) This section operates retroactively to permit the
   55  expunction of any nonjudicial record of the arrest of a minor
   56  who has successfully completed a prearrest or postarrest
   57  diversion program on or after July 1, 2000; however, in the case
   58  of a minor whose completion of the program occurred before July
   59  1, 2012 the effective date of this section, the application for
   60  prearrest or postarrest diversion expunction must be submitted
   61  within 12 6 months after July 1, 2012 the effective date of this
   62  section.
   63         Section 2. This act shall take effect July 1, 2012.