Florida Senate - 2016 COMMITTEE AMENDMENT
Bill No. SB 386
Ì482720|Î482720
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
12/07/2015 .
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Appropriations Subcommittee on Criminal and Civil Justice
(Bradley) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 18 - 28
4 and insert:
5 Section 1. Subsection (2) of section 790.23, Florida
6 Statutes, is amended to read:
7 790.23 Felons and delinquents; possession of firearms,
8 ammunition, or electric weapons or devices unlawful.—
9 (2) This section shall not apply to a person:
10 (a) Convicted of a felony whose civil rights and firearm
11 authority have been restored.
12 (b) Whose criminal history record has been expunged
13 pursuant to s. 943.0515(1)(b).
14 Section 2. Paragraph (b) of subsection (1) of section
15 943.0515, Florida Statutes, is amended to read:
16 943.0515 Retention of criminal history records of minors.—
17 (1)
18 (b)1. If the minor is not classified as a serious or
19 habitual juvenile offender or committed to a juvenile
20 correctional facility or juvenile prison under chapter 985, the
21 program shall retain the minor’s criminal history record for 2 5
22 years after the date the minor reaches 19 years of age, at which
23 time the record shall be expunged unless it meets the criteria
24 of paragraph (2)(a) or paragraph (2)(b).
25 2. A minor described in subparagraph 1. may apply to the
26 department to have his or her criminal history record expunged
27 before the minor reaches 21 years of age. To be eligible for
28 expunction under this subparagraph, the minor must be 18 years
29 of age or older and less than 21 years of age and have not been
30 charged by the state attorney with or found to have committed
31 any criminal offense within the 5-year period before the
32 application date. The only offenses eligible to be expunged
33 under this subparagraph are those that the minor committed
34 before the minor reached 18 years of age. A criminal history
35 record expunged under this subparagraph requires the approval of
36 the state attorney for each circuit in which an offense
37 specified in the criminal history record occurred. A minor
38 seeking to expunge a criminal history record under this
39 subparagraph shall apply to the department for expunction in the
40 manner prescribed by rule. An application for expunction under
41 this subparagraph shall include:
42 a. A processing fee of $75 to the department for placement
43 in the Department of Law Enforcement Operating Trust Fund,
44 unless such fee is waived by the executive director.
45 b. A full set of fingerprints of the applicant taken by a
46 law enforcement agency for purposes of identity verification.
47 c. A sworn, written statement from the minor seeking relief
48 that he or she is no longer under court supervision applicable
49 to the disposition of the arrest or alleged criminal activity to
50 which the application to expunge pertains and that he or she has
51 not been charged with or found to have committed a criminal
52 offense, in any jurisdiction of the state or within the United
53 States, within the 5-year period before the application date.
54
55 A person who knowingly provides false information on the sworn
56 statement required by this sub-subparagraph commits a felony of
57 the third degree, punishable as provided in s. 775.082, s.
58 775.083, or s. 775.084.
59 3. A minor who applies, but who is not approved for early
60 expunction in accordance with subparagraph 2., shall have his or
61 her criminal history record expunged at age 21 if eligible under
62 subparagraph 1.
63
64 ================= T I T L E A M E N D M E N T ================
65 And the title is amended as follows:
66 Delete lines 3 - 5
67 and insert:
68 amending s. 790.23, F.S.; creating an exception for
69 specified minors who, prior to attaining 21 years of
70 age, had a criminal history record expunged; amending
71 s. 943.0515, F.S.; decreasing the period of time that
72 a minor’s criminal history record must be retained
73 before expunction; authorizing specified minors to
74 apply for expunction of a criminal history record
75 under certain circumstances; establishing an
76 application process and requiring that specified
77 documentation be submitted to the Department of Law
78 Enforcement; requiring that specified fees be
79 deposited into the Department of Law Enforcement
80 Operating Trust Fund; requiring a sworn written
81 statement from the applicant; providing a criminal
82 penalty for perjury on such sworn written statement;
83 amending s. 943.0582,