Florida Senate - 2014 COMMITTEE AMENDMENT Bill No. SB 448 Ì620500ZÎ620500 LEGISLATIVE ACTION Senate . House Comm: RCS . 03/05/2014 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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.