Florida Senate - 2018                          SENATOR AMENDMENT
       Bill No. CS for SB 298
       
       
       
       
       
       
                                Ì471822ÂÎ471822                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/AD/2R         .                                
             03/08/2018 02:48 PM       .                                
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       Senator Bracy moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 19 - 261
    4  and insert:
    5         Section 1. Paragraphs (a) and (h) of subsection (2) of
    6  section 943.0585, Florida Statutes, are amended to read:
    7         943.0585 Court-ordered expunction of criminal history
    8  records.—The courts of this state have jurisdiction over their
    9  own procedures, including the maintenance, expunction, and
   10  correction of judicial records containing criminal history
   11  information to the extent such procedures are not inconsistent
   12  with the conditions, responsibilities, and duties established by
   13  this section. Any court of competent jurisdiction may order a
   14  criminal justice agency to expunge the criminal history record
   15  of a minor or an adult who complies with the requirements of
   16  this section. The court shall not order a criminal justice
   17  agency to expunge a criminal history record until the person
   18  seeking to expunge a criminal history record has applied for and
   19  received a certificate of eligibility for expunction pursuant to
   20  subsection (2) or subsection (5). A criminal history record that
   21  relates to a violation of s. 393.135, s. 394.4593, s. 787.025,
   22  chapter 794, former s. 796.03, s. 800.04, s. 810.14, s. 817.034,
   23  s. 825.1025, s. 827.071, chapter 839, s. 847.0133, s. 847.0135,
   24  s. 847.0145, s. 893.135, s. 916.1075, a violation enumerated in
   25  s. 907.041, or any violation specified as a predicate offense
   26  for registration as a sexual predator pursuant to s. 775.21,
   27  without regard to whether that offense alone is sufficient to
   28  require such registration, or for registration as a sexual
   29  offender pursuant to s. 943.0435, may not be expunged, without
   30  regard to whether adjudication was withheld, if the defendant
   31  was found guilty of or pled guilty or nolo contendere to the
   32  offense, or if the defendant, as a minor, was found to have
   33  committed, or pled guilty or nolo contendere to committing, the
   34  offense as a delinquent act. The court may only order expunction
   35  of a criminal history record pertaining to one arrest or one
   36  incident of alleged criminal activity, except as provided in
   37  this section. The court may, at its sole discretion, order the
   38  expunction of a criminal history record pertaining to more than
   39  one arrest if the additional arrests directly relate to the
   40  original arrest. If the court intends to order the expunction of
   41  records pertaining to such additional arrests, such intent must
   42  be specified in the order. A criminal justice agency may not
   43  expunge any record pertaining to such additional arrests if the
   44  order to expunge does not articulate the intention of the court
   45  to expunge a record pertaining to more than one arrest. This
   46  section does not prevent the court from ordering the expunction
   47  of only a portion of a criminal history record pertaining to one
   48  arrest or one incident of alleged criminal activity.
   49  Notwithstanding any law to the contrary, a criminal justice
   50  agency may comply with laws, court orders, and official requests
   51  of other jurisdictions relating to expunction, correction, or
   52  confidential handling of criminal history records or information
   53  derived therefrom. This section does not confer any right to the
   54  expunction of any criminal history record, and any request for
   55  expunction of a criminal history record may be denied at the
   56  sole discretion of the court.
   57         (2) CERTIFICATE OF ELIGIBILITY FOR EXPUNCTION.—Prior to
   58  petitioning the court to expunge a criminal history record, a
   59  person seeking to expunge a criminal history record shall apply
   60  to the department for a certificate of eligibility for
   61  expunction. The department shall, by rule adopted pursuant to
   62  chapter 120, establish procedures pertaining to the application
   63  for and issuance of certificates of eligibility for expunction.
   64  A certificate of eligibility for expunction is valid for 12
   65  months after the date stamped on the certificate when issued by
   66  the department. After that time, the petitioner must reapply to
   67  the department for a new certificate of eligibility. Eligibility
   68  for a renewed certification of eligibility must be based on the
   69  status of the applicant and the law in effect at the time of the
   70  renewal application. The department shall issue a certificate of
   71  eligibility for expunction to a person who is the subject of a
   72  criminal history record if that person:
   73         (a) Has obtained, and submitted to the department, a
   74  written, certified statement from the appropriate state attorney
   75  or statewide prosecutor which indicates:
   76         1. That an indictment, information, or other charging
   77  document was not filed or issued in the case.
   78         2. That an indictment, information, or other charging
   79  document, if filed or issued in the case, was dismissed or nolle
   80  prosequi by the state attorney or statewide prosecutor, or was
   81  dismissed by a court of competent jurisdiction, that a judgment
   82  of acquittal was rendered by a judge, or that a verdict of not
   83  guilty was rendered by a judge or jury and that none of the
   84  charges related to the arrest or alleged criminal activity to
   85  which the petition to expunge pertains resulted in a trial,
   86  without regard to whether the outcome of the trial was other
   87  than an adjudication of guilt.
   88         3. That the criminal history record does not relate to a
   89  violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794,
   90  former s. 796.03, s. 800.04, s. 810.14, s. 817.034, s. 825.1025,
   91  s. 827.071, chapter 839, s. 847.0133, s. 847.0135, s. 847.0145,
   92  s. 893.135, s. 916.1075, a violation enumerated in s. 907.041,
   93  or any violation specified as a predicate offense for
   94  registration as a sexual predator pursuant to s. 775.21, without
   95  regard to whether that offense alone is sufficient to require
   96  such registration, or for registration as a sexual offender
   97  pursuant to s. 943.0435, where the defendant was found guilty
   98  of, or pled guilty or nolo contendere to any such offense, or
   99  that the defendant, as a minor, was found to have committed, or
  100  pled guilty or nolo contendere to committing, such an offense as
  101  a delinquent act, without regard to whether adjudication was
  102  withheld.
  103         (h) Has previously obtained a court order sealing the
  104  record under this section, former s. 893.14, former s. 901.33,
  105  or former s. 943.058 for a minimum of 10 years because
  106  adjudication was withheld or because all charges related to the
  107  arrest or alleged criminal activity to which the petition to
  108  expunge pertains were not dismissed before prior to trial,
  109  without regard to whether the outcome of the trial was other
  110  than an adjudication of guilt. The requirement for the record to
  111  have previously been sealed for a minimum of 10 years does not
  112  apply when a plea was not entered or all charges related to the
  113  arrest or alleged criminal activity to which the petition to
  114  expunge pertains were dismissed before prior to trial or a
  115  judgment of acquittal was rendered by a judge or a verdict of
  116  not guilty was rendered by a judge or jury.
  117         Section 2. Paragraphs (c) through (f) of subsection (2) of
  118  section 943.059, Florida Statutes, are redesignated as
  119  paragraphs (d) through (g), respectively, and a new paragraph
  120  (c) is added to that subsection, to read:
  121         943.059 Court-ordered sealing of criminal history records.
  122  The courts of this state shall continue to have jurisdiction
  123  over their own procedures, including the maintenance, sealing,
  124  and correction of judicial records containing criminal history
  125  information to the extent such procedures are not inconsistent
  126  with the conditions, responsibilities, and duties established by
  127  this section. Any court of competent jurisdiction may order a
  128  criminal justice agency to seal the criminal history record of a
  129  minor or an adult who complies with the requirements of this
  130  section. The court shall not order a criminal justice agency to
  131  seal a criminal history record until the person seeking to seal
  132  a criminal history record has applied for and received a
  133  certificate of eligibility for sealing pursuant to subsection
  134  (2). A criminal history record that relates to a violation of s.
  135  393.135, s. 394.4593, s. 787.025, chapter 794, former s. 796.03,
  136  s. 800.04, s. 810.14, s. 817.034, s. 825.1025, s. 827.071,
  137  chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s. 893.135,
  138  s. 916.1075, a violation enumerated in s. 907.041, or any
  139  violation specified as a predicate offense for registration as a
  140  sexual predator pursuant to s. 775.21, without regard to whether
  141  that offense alone is sufficient to require such registration,
  142  or for registration as a sexual offender pursuant to s.
  143  943.0435, may not be sealed, without regard to whether
  144  adjudication was withheld, if the defendant was found guilty of
  145  or pled guilty or nolo contendere to the offense, or if the
  146  defendant, as a minor, was found to have committed or pled
  147  guilty or nolo contendere to committing the offense as a
  148  delinquent act. The court may only order sealing of a criminal
  149  history record pertaining to one arrest or one incident of
  150  alleged criminal activity, except as provided in this section.
  151  The court may, at its sole discretion, order the sealing of a
  152  criminal history record pertaining to more than one arrest if
  153  the additional arrests directly relate to the original arrest.
  154  If the court intends to order the sealing of records pertaining
  155  to such additional arrests, such intent must be specified in the
  156  order. A criminal justice agency may not seal any record
  157  pertaining to such additional arrests if the order to seal does
  158  not articulate the intention of the court to seal records
  159  pertaining to more than one arrest. This section does not
  160  prevent the court from ordering the sealing of only a portion of
  161  a criminal history record pertaining to one arrest or one
  162  incident of alleged criminal activity. Notwithstanding any law
  163  to the contrary, a criminal justice agency may comply with laws,
  164  court orders, and official requests of other jurisdictions
  165  relating to sealing, correction, or confidential handling of
  166  criminal history records or information derived therefrom. This
  167  section does not confer any right to the sealing of any criminal
  168  history record, and any request for sealing a criminal history
  169  record may be denied at the sole discretion of the court.
  170         (2) CERTIFICATE OF ELIGIBILITY FOR SEALING.—Prior to
  171  petitioning the court to seal a criminal history record, a
  172  person seeking to seal a criminal history record shall apply to
  173  the department for a certificate of eligibility for sealing. The
  174  department shall, by rule adopted pursuant to chapter 120,
  175  establish procedures pertaining to the application for and
  176  issuance of certificates of eligibility for sealing. A
  177  certificate of eligibility for sealing is valid for 12 months
  178  after the date stamped on the certificate when issued by the
  179  department. After that time, the petitioner must reapply to the
  180  department for a new certificate of eligibility. Eligibility for
  181  a renewed certification of eligibility must be based on the
  182  status of the applicant and the law in effect at the time of the
  183  renewal application. The department shall issue a certificate of
  184  eligibility for sealing to a person who is the subject of a
  185  criminal history record provided that such person:
  186         (c)Is not seeking to seal a criminal history record that
  187  relates to a violation of s. 393.135, s. 394.4593, s. 787.025,
  188  chapter 794, former s. 796.03, s. 800.04, s. 810.14, s. 817.034,
  189  s. 825.1025, s. 827.071, chapter 839, s. 847.0133, s. 847.0135,
  190  s. 847.0145, s. 893.135, s. 916.1075, a violation enumerated in
  191  s. 907.041, or any violation specified as a predicate offense
  192  for registration as a sexual predator pursuant to s. 775.21,
  193  without regard to whether that offense alone is sufficient to
  194  require such registration, or for registration as a sexual
  195  offender pursuant to s. 943.0435, if the defendant was found
  196  guilty of, or pled guilty or nolo contendere to any such
  197  offense, or that the defendant, as a minor, was found to have
  198  committed, or pled guilty or nolo contendere to committing, such
  199  an offense as a delinquent act, without regard to whether
  200  adjudication was withheld.
  201         Section 3. This act shall take effect October 1, 2018.
  202  
  203  ================= T I T L E  A M E N D M E N T ================
  204  And the title is amended as follows:
  205         Delete lines 2 - 15
  206  and insert:
  207         An act relating to expunction of criminal history
  208         records; amending s. 943.0585, F.S.; providing that a
  209         person receiving a judgment of acquittal or not guilty
  210         verdict is eligible to have his or her criminal record
  211         expunged; amending s. 943.059, F.S.; revising the
  212         circumstances under which the Department of Law
  213         Enforcement must issue a certificate of eligibility
  214         for the sealing of a criminal history record;
  215         providing an effective date.