Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. SB 298
       
       
       
       
       
       
                                Ì422842#Î422842                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  10/23/2017           .                                
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       The Committee on Criminal Justice (Bracy) recommended the
       following:
       
    1         Senate Substitute for Amendment (631680) (with title
    2  amendment)
    3  
    4         Delete lines 72 - 151
    5  and insert:
    6  petition is filed, been adjudicated guilty of a criminal offense
    7  or comparable ordinance violation, or been adjudicated
    8  delinquent for committing any felony or a misdemeanor specified
    9  in s. 943.051(3)(b).
   10         2. Has not been adjudicated delinquent for committing a
   11  misdemeanor offense specified in s. 943.051(3)(b) in the
   12  previous 10 years.
   13         3.2. Has not been adjudicated guilty of, or adjudicated
   14  delinquent for committing, any of the acts stemming from the
   15  arrest or alleged criminal activity to which the petition
   16  pertains.
   17         4.3. Has never secured a prior sealing or expunction of a
   18  criminal history record under this section, s. 943.059, former
   19  s. 893.14, former s. 901.33, or former s. 943.058, unless
   20  expunction is sought of a criminal history record previously
   21  sealed for 10 years pursuant to paragraph (2)(h) and the record
   22  is otherwise eligible for expunction.
   23         5.4. Is eligible for such an expunction to the best of his
   24  or her knowledge or belief and does not have any other petition
   25  to expunge or any petition to seal pending before any court.
   26  
   27  Any person who knowingly provides false information on such
   28  sworn statement to the court commits a felony of the third
   29  degree, punishable as provided in s. 775.082, s. 775.083, or s.
   30  775.084.
   31         (2) CERTIFICATE OF ELIGIBILITY FOR EXPUNCTION.—Prior to
   32  petitioning the court to expunge a criminal history record, a
   33  person seeking to expunge a criminal history record shall apply
   34  to the department for a certificate of eligibility for
   35  expunction. The department shall, by rule adopted pursuant to
   36  chapter 120, establish procedures pertaining to the application
   37  for and issuance of certificates of eligibility for expunction.
   38  A certificate of eligibility for expunction is valid for 12
   39  months after the date stamped on the certificate when issued by
   40  the department. After that time, the petitioner must reapply to
   41  the department for a new certificate of eligibility. Eligibility
   42  for a renewed certification of eligibility must be based on the
   43  status of the applicant and the law in effect at the time of the
   44  renewal application. The department shall issue a certificate of
   45  eligibility for expunction to a person who is the subject of a
   46  criminal history record if that person:
   47         (a) Has obtained, and submitted to the department, a
   48  written, certified statement from the appropriate state attorney
   49  or statewide prosecutor which indicates:
   50         1. That an indictment, information, or other charging
   51  document was not filed or issued in the case.
   52         2. That an indictment, information, or other charging
   53  document, if filed or issued in the case, was dismissed or nolle
   54  prosequi by the state attorney or statewide prosecutor, or was
   55  dismissed by a court of competent jurisdiction, that a judgment
   56  of acquittal was rendered by a judge, or that a verdict of not
   57  guilty was rendered by a judge or jury and that none of the
   58  charges related to the arrest or alleged criminal activity to
   59  which the petition to expunge pertains resulted in a trial,
   60  without regard to whether the outcome of the trial was other
   61  than an adjudication of guilt.
   62         3. That the criminal history record does not relate to a
   63  violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794,
   64  former s. 796.03, s. 800.04, s. 810.14, s. 817.034, s. 825.1025,
   65  s. 827.071, chapter 839, s. 847.0133, s. 847.0135, s. 847.0145,
   66  s. 893.135, s. 916.1075, a violation enumerated in s. 907.041,
   67  or any violation specified as a predicate offense for
   68  registration as a sexual predator pursuant to s. 775.21, without
   69  regard to whether that offense alone is sufficient to require
   70  such registration, or for registration as a sexual offender
   71  pursuant to s. 943.0435, where the defendant was found guilty
   72  of, or pled guilty or nolo contendere to any such offense, or
   73  that the defendant, as a minor, was found to have committed, or
   74  pled guilty or nolo contendere to committing, such an offense as
   75  a delinquent act, without regard to whether adjudication was
   76  withheld.
   77         (d)1. Has never, before prior to the date on which the
   78  application for a certificate of eligibility is filed, been
   79  adjudicated guilty of a criminal offense or comparable ordinance
   80  violation, or been adjudicated delinquent for committing any
   81  felony or a misdemeanor specified in s. 943.051(3)(b).
   82         2. Has not been adjudicated delinquent for committing a
   83  misdemeanor offense specified in s. 943.051(3)(b) in the
   84  previous 10 years.
   85         Section 2. Paragraph (b) of subsection (1) and paragraph
   86  (c) of subsection (2) of section 943.059, Florida Statutes, are
   87  amended to read:
   88         943.059 Court-ordered sealing of criminal history records.
   89  The courts of this state shall continue to have jurisdiction
   90  over their own procedures, including the maintenance, sealing,
   91  and correction of judicial records containing criminal history
   92  information to the extent such procedures are not inconsistent
   93  with the conditions, responsibilities, and duties established by
   94  this section. Any court of competent jurisdiction may order a
   95  criminal justice agency to seal the criminal history record of a
   96  minor or an adult who complies with the requirements of this
   97  section. The court shall not order a criminal justice agency to
   98  seal a criminal history record until the person seeking to seal
   99  a criminal history record has applied for and received a
  100  certificate of eligibility for sealing pursuant to subsection
  101  (2). A criminal history record that relates to a violation of s.
  102  393.135, s. 394.4593, s. 787.025, chapter 794, former s. 796.03,
  103  s. 800.04, s. 810.14, s. 817.034, s. 825.1025, s. 827.071,
  104  chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s. 893.135,
  105  s. 916.1075, a violation enumerated in s. 907.041, or any
  106  violation specified as a predicate offense for registration as a
  107  sexual predator pursuant to s. 775.21, without regard to whether
  108  that offense alone is sufficient to require such registration,
  109  or for registration as a sexual offender pursuant to s.
  110  943.0435, may not be sealed, without regard to whether
  111  adjudication was withheld, if the defendant was found guilty of
  112  or pled guilty or nolo contendere to the offense, or if the
  113  defendant, as a minor, was found to have committed or pled
  114  guilty or nolo contendere to committing the offense as a
  115  delinquent act. The court may only order sealing of a criminal
  116  history record pertaining to one arrest or one incident of
  117  alleged criminal activity, except as provided in this section.
  118  The court may, at its sole discretion, order the sealing of a
  119  criminal history record pertaining to more than one arrest if
  120  the additional arrests directly relate to the original arrest.
  121  If the court intends to order the sealing of records pertaining
  122  to such additional arrests, such intent must be specified in the
  123  order. A criminal justice agency may not seal any record
  124  pertaining to such additional arrests if the order to seal does
  125  not articulate the intention of the court to seal records
  126  pertaining to more than one arrest. This section does not
  127  prevent the court from ordering the sealing of only a portion of
  128  a criminal history record pertaining to one arrest or one
  129  incident of alleged criminal activity. Notwithstanding any law
  130  to the contrary, a criminal justice agency may comply with laws,
  131  court orders, and official requests of other jurisdictions
  132  relating to sealing, correction, or confidential handling of
  133  criminal history records or information derived therefrom. This
  134  section does not confer any right to the sealing of any criminal
  135  history record, and any request for sealing a criminal history
  136  record may be denied at the sole discretion of the court.
  137         (1) PETITION TO SEAL A CRIMINAL HISTORY RECORD.—Each
  138  petition to a court to seal a criminal history record is
  139  complete only when accompanied by:
  140         (b) The petitioner’s sworn statement attesting that the
  141  petitioner:
  142         1. Has never, before prior to the date on which the
  143  petition is filed, been adjudicated guilty of a criminal offense
  144  or comparable ordinance violation, or been adjudicated
  145  delinquent for committing any felony or a misdemeanor specified
  146  in s. 943.051(3)(b).
  147         2. Has not been adjudicated delinquent for committing a
  148  misdemeanor offense specified in s. 943.051(3)(b) in the
  149  previous 10 years.
  150         3.2. Has not been adjudicated guilty of or adjudicated
  151  delinquent for committing any of the acts stemming from the
  152  arrest or alleged criminal activity to which the petition to
  153  seal pertains.
  154         4.3. Has never secured a prior sealing or expunction of a
  155  criminal history record under this section, s. 943.0585, former
  156  s. 893.14, former s. 901.33, or former s. 943.058.
  157         5.4. Is eligible for such a sealing to the best of his or
  158  her knowledge or belief and does not have any other petition to
  159  seal or any petition to expunge pending before any court.
  160  
  161  Any person who knowingly provides false information on such
  162  sworn statement to the court commits a felony of the third
  163  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  164  775.084.
  165         (2) CERTIFICATE OF ELIGIBILITY FOR SEALING.—Prior to
  166  petitioning the court to seal a criminal history record, a
  167  person seeking to seal a criminal history record shall apply to
  168  the department for a certificate of eligibility for sealing. The
  169  department shall, by rule adopted pursuant to chapter 120,
  170  establish procedures pertaining to the application for and
  171  issuance of certificates of eligibility for sealing. A
  172  certificate of eligibility for sealing is valid for 12 months
  173  after the date stamped on the certificate when issued by the
  174  department. After that time, the petitioner must reapply to the
  175  department for a new certificate of eligibility. Eligibility for
  176  a renewed certification of eligibility must be based on the
  177  status of the applicant and the law in effect at the time of the
  178  renewal application. The department shall issue a certificate of
  179  eligibility for sealing to a person who is the subject of a
  180  criminal history record provided that such person:
  181         (c)1. Has never, before prior to the date on which the
  182  application for a certificate of eligibility is filed, been
  183  adjudicated guilty of a criminal offense or comparable ordinance
  184  violation, or been adjudicated delinquent for committing any
  185  felony or a misdemeanor specified in s. 943.051(3)(b).
  186         2. Has not been adjudicated delinquent for committing a
  187  misdemeanor offense specified in s. 943.051(3)(b) in the
  188  previous 10 years.
  189  
  190  ================= T I T L E  A M E N D M E N T ================
  191  And the title is amended as follows:
  192         Delete lines 2 - 8
  193  and insert:
  194         An act relating to criminal history records; amending
  195         s. 943.0585, F.S.; revising the elements that must be
  196         attested to by a petitioner in a statement submitted
  197         in support of the expunction of a criminal history
  198         record; revising the circumstances under which the
  199         Department of Law Enforcement must issue a certificate
  200         of eligibility for expunction of a criminal history
  201         record; amending s. 943.059, F.S.; revising the
  202         elements that must be attested to by a petitioner in a
  203         statement submitted in support of the sealing of a
  204         criminal history record; revising the circumstances
  205         under which the Department of Law Enforcement must
  206         issue a certificate of eligibility for sealing of a