Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. SB 1142
       
       
       
       
       
       
                                Ì710312bÎ710312                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/14/2018           .                                
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       The Committee on Judiciary (Steube) recommended the following:
       
    1         Senate Substitute for Amendment (280316) (with title
    2  amendment)
    3  
    4         Delete everything after the enacting clause
    5  and insert:
    6         Section 1. Paragraphs (a) and (h) of subsection (2) of
    7  section 943.0585, Florida Statutes, are amended, and paragraph
    8  (b) of subsection (1) and paragraph (f) of subsection (2) of
    9  that section are republished, to read:
   10         943.0585 Court-ordered expunction of criminal history
   11  records.—The courts of this state have jurisdiction over their
   12  own procedures, including the maintenance, expunction, and
   13  correction of judicial records containing criminal history
   14  information to the extent such procedures are not inconsistent
   15  with the conditions, responsibilities, and duties established by
   16  this section. Any court of competent jurisdiction may order a
   17  criminal justice agency to expunge the criminal history record
   18  of a minor or an adult who complies with the requirements of
   19  this section. The court shall not order a criminal justice
   20  agency to expunge a criminal history record until the person
   21  seeking to expunge a criminal history record has applied for and
   22  received a certificate of eligibility for expunction pursuant to
   23  subsection (2) or subsection (5). A criminal history record that
   24  relates to a violation of s. 393.135, s. 394.4593, s. 787.025,
   25  chapter 794, former s. 796.03, s. 800.04, s. 810.14, s. 817.034,
   26  s. 825.1025, s. 827.071, chapter 839, s. 847.0133, s. 847.0135,
   27  s. 847.0145, s. 893.135, s. 916.1075, a violation enumerated in
   28  s. 907.041, or any violation specified as a predicate offense
   29  for registration as a sexual predator pursuant to s. 775.21,
   30  without regard to whether that offense alone is sufficient to
   31  require such registration, or for registration as a sexual
   32  offender pursuant to s. 943.0435, may not be expunged, without
   33  regard to whether adjudication was withheld, if the defendant
   34  was found guilty of or pled guilty or nolo contendere to the
   35  offense, or if the defendant, as a minor, was found to have
   36  committed, or pled guilty or nolo contendere to committing, the
   37  offense as a delinquent act. The court may only order expunction
   38  of a criminal history record pertaining to one arrest or one
   39  incident of alleged criminal activity, except as provided in
   40  this section. The court may, at its sole discretion, order the
   41  expunction of a criminal history record pertaining to more than
   42  one arrest if the additional arrests directly relate to the
   43  original arrest. If the court intends to order the expunction of
   44  records pertaining to such additional arrests, such intent must
   45  be specified in the order. A criminal justice agency may not
   46  expunge any record pertaining to such additional arrests if the
   47  order to expunge does not articulate the intention of the court
   48  to expunge a record pertaining to more than one arrest. This
   49  section does not prevent the court from ordering the expunction
   50  of only a portion of a criminal history record pertaining to one
   51  arrest or one incident of alleged criminal activity.
   52  Notwithstanding any law to the contrary, a criminal justice
   53  agency may comply with laws, court orders, and official requests
   54  of other jurisdictions relating to expunction, correction, or
   55  confidential handling of criminal history records or information
   56  derived therefrom. This section does not confer any right to the
   57  expunction of any criminal history record, and any request for
   58  expunction of a criminal history record may be denied at the
   59  sole discretion of the court.
   60         (1) PETITION TO EXPUNGE A CRIMINAL HISTORY RECORD.—Each
   61  petition to a court to expunge a criminal history record is
   62  complete only when accompanied by:
   63         (b) The petitioner’s sworn statement attesting that the
   64  petitioner:
   65         1. Has never, prior to the date on which the petition is
   66  filed, been adjudicated guilty of a criminal offense or
   67  comparable ordinance violation, or been adjudicated delinquent
   68  for committing any felony or a misdemeanor specified in s.
   69  943.051(3)(b).
   70         2. Has not been adjudicated guilty of, or adjudicated
   71  delinquent for committing, any of the acts stemming from the
   72  arrest or alleged criminal activity to which the petition
   73  pertains.
   74         3. Has never secured a prior sealing or expunction of a
   75  criminal history record under this section, s. 943.059, former
   76  s. 893.14, former s. 901.33, or former s. 943.058, unless
   77  expunction is sought of a criminal history record previously
   78  sealed for 10 years pursuant to paragraph (2)(h) and the record
   79  is otherwise eligible for expunction.
   80         4. Is eligible for such an expunction to the best of his or
   81  her knowledge or belief and does not have any other petition to
   82  expunge or any petition to seal pending before any court.
   83  
   84  Any person who knowingly provides false information on such
   85  sworn statement to the court commits a felony of the third
   86  degree, punishable as provided in s. 775.082, s. 775.083, or s.
   87  775.084.
   88         (2) CERTIFICATE OF ELIGIBILITY FOR EXPUNCTION.—Prior to
   89  petitioning the court to expunge a criminal history record, a
   90  person seeking to expunge a criminal history record shall apply
   91  to the department for a certificate of eligibility for
   92  expunction. The department shall, by rule adopted pursuant to
   93  chapter 120, establish procedures pertaining to the application
   94  for and issuance of certificates of eligibility for expunction.
   95  A certificate of eligibility for expunction is valid for 12
   96  months after the date stamped on the certificate when issued by
   97  the department. After that time, the petitioner must reapply to
   98  the department for a new certificate of eligibility. Eligibility
   99  for a renewed certification of eligibility must be based on the
  100  status of the applicant and the law in effect at the time of the
  101  renewal application. The department shall issue a certificate of
  102  eligibility for expunction to a person who is the subject of a
  103  criminal history record if that person:
  104         (a) Has obtained, and submitted to the department, a
  105  written, certified statement from the appropriate state attorney
  106  or statewide prosecutor which indicates:
  107         1. That an indictment, information, or other charging
  108  document was not filed or issued in the case.
  109         2. That an indictment, information, or other charging
  110  document, if filed or issued in the case, was dismissed or nolle
  111  prosequi by the state attorney or statewide prosecutor, or was
  112  dismissed by a court of competent jurisdiction, that a judgment
  113  of acquittal was rendered by a judge, or that a verdict of not
  114  guilty was rendered by a judge or jury and that none of the
  115  charges related to the arrest or alleged criminal activity to
  116  which the petition to expunge pertains resulted in a trial,
  117  without regard to whether the outcome of the trial was other
  118  than an adjudication of guilt.
  119         3. That the criminal history record does not relate to a
  120  violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794,
  121  former s. 796.03, s. 800.04, s. 810.14, s. 817.034, s. 825.1025,
  122  s. 827.071, chapter 839, s. 847.0133, s. 847.0135, s. 847.0145,
  123  s. 893.135, s. 916.1075, a violation enumerated in s. 907.041,
  124  or any violation specified as a predicate offense for
  125  registration as a sexual predator pursuant to s. 775.21, without
  126  regard to whether that offense alone is sufficient to require
  127  such registration, or for registration as a sexual offender
  128  pursuant to s. 943.0435, where the defendant was found guilty
  129  of, or pled guilty or nolo contendere to any such offense, or
  130  that the defendant, as a minor, was found to have committed, or
  131  pled guilty or nolo contendere to committing, such an offense as
  132  a delinquent act, without regard to whether adjudication was
  133  withheld.
  134         (f) Has never secured a prior sealing or expunction of a
  135  criminal history record under this section, s. 943.059, former
  136  s. 893.14, former s. 901.33, or former s. 943.058, unless
  137  expunction is sought of a criminal history record previously
  138  sealed for 10 years pursuant to paragraph (h) and the record is
  139  otherwise eligible for expunction.
  140         (h) Has previously obtained a court order sealing the
  141  record under this section, former s. 893.14, former s. 901.33,
  142  or former s. 943.058 for a minimum of 10 years because
  143  adjudication was withheld or because all charges related to the
  144  arrest or alleged criminal activity to which the petition to
  145  expunge pertains were not dismissed before prior to trial,
  146  without regard to whether the outcome of the trial was other
  147  than an adjudication of guilt. The requirement for the record to
  148  have previously been sealed for a minimum of 10 years does not
  149  apply when a plea was not entered or all charges related to the
  150  arrest or alleged criminal activity to which the petition to
  151  expunge pertains were dismissed before prior to trial, when a
  152  judgment of acquittal was rendered by a judge, or when a verdict
  153  of not guilty was rendered by a judge or jury.
  154         Section 2. Effective upon this act becoming a law, present
  155  paragraphs (c) through (f) of subsection (2) of section 943.059,
  156  Florida Statutes, are redesignated as paragraphs (d) through
  157  (g), respectively, a new paragraph (c) is added to that
  158  subsection, and paragraph (a) of subsection (1) of that section
  159  is republished, to read:
  160         943.059 Court-ordered sealing of criminal history records.
  161  The courts of this state shall continue to have jurisdiction
  162  over their own procedures, including the maintenance, sealing,
  163  and correction of judicial records containing criminal history
  164  information to the extent such procedures are not inconsistent
  165  with the conditions, responsibilities, and duties established by
  166  this section. Any court of competent jurisdiction may order a
  167  criminal justice agency to seal the criminal history record of a
  168  minor or an adult who complies with the requirements of this
  169  section. The court shall not order a criminal justice agency to
  170  seal a criminal history record until the person seeking to seal
  171  a criminal history record has applied for and received a
  172  certificate of eligibility for sealing pursuant to subsection
  173  (2). A criminal history record that relates to a violation of s.
  174  393.135, s. 394.4593, s. 787.025, chapter 794, former s. 796.03,
  175  s. 800.04, s. 810.14, s. 817.034, s. 825.1025, s. 827.071,
  176  chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s. 893.135,
  177  s. 916.1075, a violation enumerated in s. 907.041, or any
  178  violation specified as a predicate offense for registration as a
  179  sexual predator pursuant to s. 775.21, without regard to whether
  180  that offense alone is sufficient to require such registration,
  181  or for registration as a sexual offender pursuant to s.
  182  943.0435, may not be sealed, without regard to whether
  183  adjudication was withheld, if the defendant was found guilty of
  184  or pled guilty or nolo contendere to the offense, or if the
  185  defendant, as a minor, was found to have committed or pled
  186  guilty or nolo contendere to committing the offense as a
  187  delinquent act. The court may only order sealing of a criminal
  188  history record pertaining to one arrest or one incident of
  189  alleged criminal activity, except as provided in this section.
  190  The court may, at its sole discretion, order the sealing of a
  191  criminal history record pertaining to more than one arrest if
  192  the additional arrests directly relate to the original arrest.
  193  If the court intends to order the sealing of records pertaining
  194  to such additional arrests, such intent must be specified in the
  195  order. A criminal justice agency may not seal any record
  196  pertaining to such additional arrests if the order to seal does
  197  not articulate the intention of the court to seal records
  198  pertaining to more than one arrest. This section does not
  199  prevent the court from ordering the sealing of only a portion of
  200  a criminal history record pertaining to one arrest or one
  201  incident of alleged criminal activity. Notwithstanding any law
  202  to the contrary, a criminal justice agency may comply with laws,
  203  court orders, and official requests of other jurisdictions
  204  relating to sealing, correction, or confidential handling of
  205  criminal history records or information derived therefrom. This
  206  section does not confer any right to the sealing of any criminal
  207  history record, and any request for sealing a criminal history
  208  record may be denied at the sole discretion of the court.
  209         (1) PETITION TO SEAL A CRIMINAL HISTORY RECORD.—Each
  210  petition to a court to seal a criminal history record is
  211  complete only when accompanied by:
  212         (a) A valid certificate of eligibility for sealing issued
  213  by the department pursuant to subsection (2).
  214         (2) CERTIFICATE OF ELIGIBILITY FOR SEALING.—Prior to
  215  petitioning the court to seal a criminal history record, a
  216  person seeking to seal a criminal history record shall apply to
  217  the department for a certificate of eligibility for sealing. The
  218  department shall, by rule adopted pursuant to chapter 120,
  219  establish procedures pertaining to the application for and
  220  issuance of certificates of eligibility for sealing. A
  221  certificate of eligibility for sealing is valid for 12 months
  222  after the date stamped on the certificate when issued by the
  223  department. After that time, the petitioner must reapply to the
  224  department for a new certificate of eligibility. Eligibility for
  225  a renewed certification of eligibility must be based on the
  226  status of the applicant and the law in effect at the time of the
  227  renewal application. The department shall issue a certificate of
  228  eligibility for sealing to a person who is the subject of a
  229  criminal history record provided that such person:
  230         (c) Is not seeking to seal a criminal history record that
  231  relates to a violation of s. 393.135, s. 394.4593, s. 787.025,
  232  chapter 794, former s. 796.03, s. 800.04, s. 810.14, s. 817.034,
  233  s. 825.1025, s. 827.071, chapter 839, s. 847.0133, s. 847.0135,
  234  s. 847.0145, s. 893.135, s. 916.1075, a violation enumerated in
  235  s. 907.041, or any violation specified as a predicate offense
  236  for registration as a sexual predator pursuant to s. 775.21,
  237  without regard to whether that offense alone is sufficient to
  238  require such registration, or for registration as a sexual
  239  offender pursuant to s. 943.0435, where the defendant was found
  240  guilty of, or pled guilty or nolo contendere to any such
  241  offense, or which the defendant, as a minor, was found to have
  242  committed, or pled guilty or nolo contendere to committing, such
  243  an offense as a delinquent act, without regard to whether
  244  adjudication was withheld.
  245         Section 3. Except as otherwise expressly provided in this
  246  act and except for this section, which shall take effect upon
  247  becoming a law, this act shall take effect July 1, 2018.
  248  
  249  ================= T I T L E  A M E N D M E N T ================
  250  And the title is amended as follows:
  251         Delete everything before the enacting clause
  252  and insert:
  253                        A bill to be entitled                      
  254         An act relating to the expunction and sealing of
  255         criminal history records; amending s. 943.0585, F.S.;
  256         revising the eligibility requirements for expunction
  257         of criminal history records to include instances in
  258         which a judgment of acquittal or a verdict of not
  259         guilty was rendered; amending s. 943.059, F.S.;
  260         clarifying the circumstances under which the
  261         Department of Law Enforcement must issue a certificate
  262         of eligibility for the sealing of a criminal history
  263         record; providing an effective date.