Florida Senate - 2018 SB 860
By Senator Bracy
11-00373-18 2018860__
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 a minor upon notification
6 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 records
16 of minors.—
17 (1) Regardless of any prior criminal conviction of a minor,
18 the Criminal Justice Information Program shall administratively
19 seal the criminal history records pertaining to an arrest or
20 incident of alleged criminal activity of a minor charged with a
21 felony, misdemeanor, or violation of a comparable rule or
22 ordinance by a state, county, municipal, or other law
23 enforcement agency upon notification by the clerk of the court,
24 pursuant to s. 943.052(2), that all the charges related to the
25 arrest or incident of alleged criminal activity were declined to
26 be filed by the state attorney or statewide prosecutor, were
27 dismissed or nolle prosequi before trial, or resulted in a
28 judgment of acquittal or a verdict of not guilty at trial and
29 that all appeals by the prosecution have been exhausted or the
30 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.