Florida Senate - 2014                        COMMITTEE AMENDMENT
       Bill No. SB 448
       
       
       
       
       
       
                                Ì620500ZÎ620500                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/05/2014           .                                
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    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 187 and 188
    4  insert:
    5         Section 8. Section 776.09, Florida Statutes, is created to
    6  read:
    7         776.09 Retention of records pertaining to persons found to
    8  be acting in lawful self-defense; expunction of related criminal
    9  history records.—
   10         (1) Whenever the state attorney or statewide prosecutor
   11  dismisses an information, indictment, or other charging
   12  document, or decides not to file an information, indictment, or
   13  other charging document, because of a finding that the person
   14  accused acted in lawful self-defense pursuant to the provisions
   15  related to the justifiable use of force in ch. 776, that finding
   16  shall be documented in writing and retained in the files of
   17  the  state attorney or statewide prosecutor.
   18         (2) Whenever a court dismisses an information, indictment,
   19  or other charging document because of a finding that the person
   20  accused acted in lawful self-defense pursuant to the provisions
   21  related to the justifiable use of force in ch. 776, that finding
   22  shall be recorded in an order or memorandum, which shall be
   23  retained in the court’s records.
   24         (3) Under either of these conditions, the person accused
   25  may apply for a certificate of eligibility to expunge the
   26  associated criminal history record, pursuant to s. 943.0585(5),
   27  notwithstanding the eligibility requirements prescribed in
   28  subsections (1)(b) and (2) of s. 943.0585.
   29         Section 9. Subsection (5) of section 943.0585, Florida
   30  Statutes, is renumbered as subsection (6), respectively, and
   31  subsection (5) is added to that section, to read:
   32         943.0585 Court-ordered expunction of criminal history
   33  records.—The courts of this state have jurisdiction over their
   34  own procedures, including the maintenance, expunction, and
   35  correction of judicial records containing criminal history
   36  information to the extent such procedures are not inconsistent
   37  with the conditions, responsibilities, and duties established by
   38  this section. Any court of competent jurisdiction may order a
   39  criminal justice agency to expunge the criminal history record
   40  of a minor or an adult who complies with the requirements of
   41  this section. The court shall not order a criminal justice
   42  agency to expunge a criminal history record until the person
   43  seeking to expunge a criminal history record has applied for and
   44  received a certificate of eligibility for expunction pursuant to
   45  subsection (2) or subsection(5). A criminal history record that
   46  relates to a violation of s. 393.135, s. 394.4593, s. 787.025,
   47  chapter 794, s. 796.03, s. 800.04, s. 810.14, s. 817.034, s.
   48  825.1025, s. 827.071, chapter 839, s. 847.0133, s. 847.0135, s.
   49  847.0145, s. 893.135, s. 916.1075, a violation enumerated in s.
   50  907.041, or any violation specified as a predicate offense for
   51  registration as a sexual predator pursuant to s. 775.21, without
   52  regard to whether that offense alone is sufficient to require
   53  such registration, or for registration as a sexual offender
   54  pursuant to s. 943.0435, may not be expunged, without regard to
   55  whether adjudication was withheld, if the defendant was found
   56  guilty of or pled guilty or nolo contendere to the offense, or
   57  if the defendant, as a minor, was found to have committed, or
   58  pled guilty or nolo contendere to committing, the offense as a
   59  delinquent act. The court may only order expunction of a
   60  criminal history record pertaining to one arrest or one incident
   61  of alleged criminal activity, except as provided in this
   62  section. The court may, at its sole discretion, order the
   63  expunction of a criminal history record pertaining to more than
   64  one arrest if the additional arrests directly relate to the
   65  original arrest. If the court intends to order the expunction of
   66  records pertaining to such additional arrests, such intent must
   67  be specified in the order. A criminal justice agency may not
   68  expunge any record pertaining to such additional arrests if the
   69  order to expunge does not articulate the intention of the court
   70  to expunge a record pertaining to more than one arrest. This
   71  section does not prevent the court from ordering the expunction
   72  of only a portion of a criminal history record pertaining to one
   73  arrest or one incident of alleged criminal activity.
   74  Notwithstanding any law to the contrary, a criminal justice
   75  agency may comply with laws, court orders, and official requests
   76  of other jurisdictions relating to expunction, correction, or
   77  confidential handling of criminal history records or information
   78  derived therefrom. This section does not confer any right to the
   79  expunction of any criminal history record, and any request for
   80  expunction of a criminal history record may be denied at the
   81  sole discretion of the court.
   82         (5) EXCEPTION PROVIDED.—Notwithstanding the eligibility
   83  requirements prescribed in subsections (1)(b) and (2), the
   84  department shall issue a certificate of eligibility for
   85  expunction under this subsection to a person who is the subject
   86  of a criminal history record if that person:
   87         (a) Has obtained, and submitted to the department, on a
   88  form provided by the department, a written, certified statement
   89  from the appropriate state attorney or statewide prosecutor
   90  which indicates: that an information, indictment, or other
   91  charging document was not filed or was dismissed by the state
   92  attorney, or dismissed by the court, because it was found that
   93  the person acted in lawful self-defense pursuant to the
   94  provisions related to justifiable use of force in ch. 776.
   95         (b) Each petition to a court to expunge a criminal history
   96  record pursuant to subsection (5) is complete only when
   97  accompanied by:
   98         1.A valid certificate of eligibility for expunction issued
   99  by the department pursuant to subsection (5).
  100         2.The petitioner’s sworn statement attesting that the
  101  petitioner is eligible for such an expunction to the best of his
  102  or her knowledge or belief.
  103  
  104  Any person who knowingly provides false information on such
  105  sworn statement to the court commits a felony of the third
  106  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  107  775.084.
  108         (c) This subsection does not confer any right to the
  109  expunction of a criminal history record, and any request for
  110  expunction of a criminal history record may be denied at the
  111  discretion of the court.
  112         (d) Subsections (3) and (4) shall apply to expunction
  113  ordered under subsection (5).
  114         (e) The department shall, by rule adopted pursuant to
  115  chapter 120, establish procedures pertaining to the application
  116  for and issuance of certificates of eligibility for expunction
  117  under subsection (5).
  118  
  119  ================= T I T L E  A M E N D M E N T ================
  120  And the title is amended as follows:
  121         Delete line 22
  122  and insert:
  123         officer; creating s. 776.09, F.S.; providing that a
  124         person is eligible to apply for a certificate of
  125         eligibility for expunction, notwithstanding the
  126         eligibility requirements, if the charging document in
  127         the case is not filed or is dismissed because it is
  128         found that the person acted in lawful self-defense
  129         pursuant to the provisions related to the justifiable
  130         use of force in ch. 776; requiring a prosecutor,
  131         statewide prosecutor, or court to document and retain
  132         such findings; amending s. 943.0585, F.S.; requiring
  133         FDLE to provide a certificate of eligibility for
  134         expunction, notwithstanding the eligibility
  135         requirements, to a person who has a written, certified
  136         statement from a prosecutor or statewide prosecutor
  137         indicating that the charging document in the case was
  138         not filed or was dismissed because it was found that
  139         the person acted in lawful self-defense pursuant to
  140         the provisions related to the justifiable use of force
  141         in ch. 776; providing a penalty for knowingly
  142         providing false information on a sworn statement;
  143         providing an effective date.