Florida Senate - 2018 SB 690
By Senator Brandes
24-00207A-18 2018690__
1 A bill to be entitled
2 An act relating to criminal history records; creating
3 s. 943.0586, F.S.; requiring the Criminal Justice
4 Information Program to administratively seal the
5 criminal history records of an adult or a minor upon
6 notification by the clerk of the court under specified
7 circumstances; providing applicability for the
8 administrative sealing of specified criminal history
9 records; providing a contingent effective date.
10
11 Be It Enacted by the Legislature of the State of Florida:
12
13 Section 1. Section 943.0586, Florida Statutes, is created
14 to read:
15 943.0586 Administrative sealing of criminal history
16 records.—
17 (1) Regardless of any prior criminal conviction of the
18 adult or minor, the Criminal Justice Information Program shall
19 administratively seal the criminal history records pertaining to
20 an arrest or incident of alleged criminal activity of an adult
21 or a minor charged with a felony, misdemeanor, or violation of a
22 comparable rule or ordinance by a state, county, municipal, or
23 other law enforcement agency upon notification by the clerk of
24 the court, pursuant to s. 943.052(2), that all the charges
25 related to the arrest or incident of alleged criminal activity
26 were declined to be filed by the state attorney or statewide
27 prosecutor, were dismissed or nolle prosequi before trial, or
28 resulted in a judgment of acquittal or a verdict of not guilty
29 at trial and that all appeals by the prosecution have been
30 exhausted or the time to file an appeal has expired.
31 (2) The sealing under this section of a criminal history
32 record has the same effect as a sealing under s. 943.059(4).
33 Section 2. This act shall take effect July 1, 2018, but
34 only if SB ____ or similar legislation takes effect, if such
35 legislation is adopted in the same legislative session or an
36 extension thereof and becomes law.