Florida Senate - 2020                                    SB 1342
       
       
        
       By Senator Book
       
       
       
       
       
       32-00556-20                                           20201342__
    1                        A bill to be entitled                      
    2         An act relating to court-ordered expunction and
    3         sealing of certain records; reenacting and amending
    4         ss. 943.0585 and 943.059, F.S.; expanding the
    5         eligibility criteria for the expunction and sealing of
    6         criminal history records to allow for expunction and
    7         sealing for a conviction of possession of a certain
    8         amount of cannabis; providing an effective date.
    9          
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Subsection (1) of section 943.0585, Florida
   13  Statutes, is amended, and subsections (2) and (3) of that
   14  section are reenacted, to read:
   15         943.0585 Court-ordered expunction of criminal history
   16  records.—
   17         (1) ELIGIBILITY.—A person is eligible to petition a court
   18  to expunge a criminal history record if:
   19         (a) Except for a conviction, as defined in s. 943.0584, of
   20  s. 893.13(6)(b), an indictment, information, or other charging
   21  document was not filed or issued in the case giving rise to the
   22  criminal history record.
   23         (b) Except for a conviction, as defined in s. 943.0584, of
   24  s. 893.13(6)(b), an indictment, information, or other charging
   25  document was filed or issued in the case giving rise to the
   26  criminal history record, was dismissed or nolle prosequi by the
   27  state attorney or statewide prosecutor, or was dismissed by a
   28  court of competent jurisdiction or a judgment of acquittal was
   29  rendered by a judge, or a verdict of not guilty was rendered by
   30  a judge or jury.
   31         (c) The person is not seeking to expunge a criminal history
   32  record that is ineligible for court-ordered expunction under s.
   33  943.0584.
   34         (d) Except for a conviction, as defined in s. 943.0584, of
   35  s. 893.13(6)(b), the person has never, as of the date the
   36  application for a certificate of expunction is filed, been
   37  adjudicated guilty in this state of a criminal offense or been
   38  adjudicated delinquent in this state for committing any felony
   39  or any of the following misdemeanors, unless the record of such
   40  adjudication of delinquency has been expunged pursuant to s.
   41  943.0515:
   42         1. Assault, as defined in s. 784.011;
   43         2. Battery, as defined in s. 784.03;
   44         3. Assault on a law enforcement officer, a firefighter, or
   45  other specified officers, as defined in s. 784.07(2)(a);
   46         4. Carrying a concealed weapon, as defined in s. 790.01(1);
   47         5. Open carrying of a weapon, as defined in s. 790.053;
   48         6. Unlawful possession or discharge of a weapon or firearm
   49  at a school-sponsored event or on school property, as defined in
   50  s. 790.115;
   51         7. Unlawful use of destructive devices or bombs, as defined
   52  in s. 790.1615(1);
   53         8. Unlawful possession of a firearm, as defined in s.
   54  790.22(5);
   55         9. Exposure of sexual organs, as defined in s. 800.03;
   56         10. Arson, as defined in s. 806.031(1);
   57         11. Petit theft, as defined in s. 812.014(3);
   58         12. Neglect of a child, as defined in s. 827.03(1)(e); or
   59         13. Cruelty to animals, as defined in s. 828.12(1).
   60         (e) Except for a conviction, as defined in s. 943.0584, of
   61  s. 893.13(6)(b), the person has not been adjudicated guilty of,
   62  or adjudicated delinquent for committing, any of the acts
   63  stemming from the arrest or alleged criminal activity to which
   64  the petition pertains.
   65         (f) The person is no longer under court supervision
   66  applicable to the disposition of arrest or alleged criminal
   67  activity to which the petition to expunge pertains.
   68         (g) Except for one prior sealing or expunction for a
   69  conviction, as defined in s. 943.0584, of s. 893.13(6)(b), the
   70  person has never secured a prior sealing or expunction of a
   71  criminal history record under this section, s. 943.059, former
   72  s. 893.14, former s. 901.33, or former s. 943.058, unless
   73  expunction is sought of a criminal history record previously
   74  sealed for 10 years pursuant to paragraph (h) and the record is
   75  otherwise eligible for expunction.
   76         (h) The person has previously obtained a court-ordered
   77  sealing of the criminal history record under s. 943.059, former
   78  s. 893.14, former s. 901.33, or former s. 943.058 for a minimum
   79  of 10 years because adjudication was withheld or because all
   80  charges related to the arrest or alleged criminal activity to
   81  which the petition to expunge pertains were not dismissed before
   82  trial, without regard to whether the outcome of the trial was
   83  other than an adjudication of guilt. The requirement for the
   84  record to have previously been sealed for a minimum of 10 years
   85  does not apply if a plea was not entered or all charges related
   86  to the arrest or alleged criminal activity to which the petition
   87  to expunge pertains were dismissed before trial or a judgment of
   88  acquittal was rendered by a judge or a verdict of not guilty was
   89  rendered by a judge or jury.
   90         (2) CERTIFICATE OF ELIGIBILITY.—Before petitioning a court
   91  to expunge a criminal history record, a person seeking to
   92  expunge a criminal history record must apply to the department
   93  for a certificate of eligibility for expunction. The department
   94  shall adopt rules to establish procedures for applying for and
   95  issuing a certificate of eligibility for expunction.
   96         (a) The department shall issue a certificate of eligibility
   97  for expunction to a person who is the subject of a criminal
   98  history record if that person:
   99         1. Satisfies the eligibility criteria in paragraphs (1)(a)
  100  (h) and is not ineligible under s. 943.0584.
  101         2. Has submitted to the department a written certified
  102  statement from the appropriate state attorney or statewide
  103  prosecutor which confirms the criminal history record complies
  104  with the criteria in paragraph (1)(a) or paragraphs (1)(b) and
  105  (c).
  106         3. Has submitted to the department a certified copy of the
  107  disposition of the charge to which the petition to expunge
  108  pertains.
  109         4. Remits a $75 processing fee to the department for
  110  placement in the Department of Law Enforcement Operating Trust
  111  Fund, unless the executive director waives such fee.
  112         (b) A certificate of eligibility for expunction is valid
  113  for 12 months after the date stamped on the certificate when
  114  issued by the department. After that time, the petitioner must
  115  reapply to the department for a new certificate of eligibility.
  116  The petitioner’s status and the law in effect at the time of the
  117  renewal application determine the petitioner’s eligibility.
  118         (3) PETITION.—Each petition to expunge a criminal history
  119  record must be accompanied by:
  120         (a) A valid certificate of eligibility issued by the
  121  department.
  122         (b) The petitioner’s sworn statement that he or she:
  123         1. Satisfies the eligibility requirements for expunction in
  124  subsection (1).
  125         2. Is eligible for expunction to the best of his or her
  126  knowledge and does not have any other petition to seal or
  127  expunge a criminal history record pending before any court.
  128  
  129  A person who knowingly provides false information on such sworn
  130  statement commits a felony of the third degree, punishable as
  131  provided in s. 775.082, s. 775.083, or s. 775.084.
  132         Section 2. Subsection (1) of section 943.059, Florida
  133  Statutes, is amended, and subsections (2) and (3) of that
  134  section are reenacted, to read:
  135         943.059 Court-ordered sealing of criminal history records.—
  136         (1) ELIGIBILITY.—A person is eligible to petition a court
  137  to seal a criminal history record when:
  138         (a) The criminal history record is not ineligible for
  139  court-ordered sealing under s. 943.0584.
  140         (b) Except for a conviction, as defined in s. 943.0584, of
  141  s. 893.13(6)(b), the person has never, before the date the
  142  application for a certificate of eligibility is filed, been
  143  adjudicated guilty in this state of a criminal offense, or been
  144  adjudicated delinquent in this state for committing any felony
  145  or any of the following misdemeanor offenses, unless the record
  146  of such adjudication of delinquency has been expunged pursuant
  147  to s. 943.0515:
  148         1. Assault, as defined in s. 784.011;
  149         2. Battery, as defined in s. 784.03;
  150         3. Assault on a law enforcement officer, a firefighter, or
  151  other specified officers, as defined in s. 784.07(2)(a);
  152         4. Carrying a concealed weapon, as defined in s. 790.01(1);
  153         5. Open carrying of a weapon, as defined in s. 790.053;
  154         6. Unlawful possession or discharge of a weapon or firearm
  155  at a school-sponsored event or on school property, as defined in
  156  s. 790.115;
  157         7. Unlawful use of destructive devices or bombs, as defined
  158  in s. 790.1615(1);
  159         8. Unlawful possession of a firearm by a minor, as defined
  160  in s. 790.22(5);
  161         9. Exposure of sexual organs, as defined in s. 800.03;
  162         10. Arson, as defined in s. 806.031(1);
  163         11. Petit theft, as defined in s. 812.014(3);
  164         12. Neglect of a child, as defined in s. 827.03(1)(e); or
  165         13. Cruelty to animals, as defined in s. 828.12(10).
  166         (c) Except for a conviction, as defined in s. 943.0584, of
  167  s. 893.13(6)(b), the person has not been adjudicated guilty of,
  168  or adjudicated delinquent for committing, any of the acts
  169  stemming from the arrest or alleged criminal activity to which
  170  the petition to seal pertains.
  171         (d) The person is no longer under court supervision
  172  applicable to the disposition of arrest or alleged criminal
  173  activity to which the petition to seal pertains.
  174         (e) Except for one prior sealing or expunction for a
  175  conviction, as defined in s. 943.0584, of s. 893.13(6)(b), the
  176  person has never secured a prior sealing or expunction of a
  177  criminal history record under this section, s. 943.0585, former
  178  s. 893.14, former s. 901.33, or former s. 943.058.
  179         (2) CERTIFICATE OF ELIGIBILITY.—Before petitioning the
  180  court to seal a criminal history record, a person seeking to
  181  seal a criminal history record must apply to the department for
  182  a certificate of eligibility for sealing. The department shall
  183  adopt rules relating to the application for and issuance of
  184  certificates of eligibility for sealing.
  185         (a) The department shall issue a certificate of eligibility
  186  for sealing to a person who is the subject of a criminal history
  187  record if that person:
  188         1. Satisfies the eligibility criteria in paragraphs (1)(a)
  189  (e) and is not ineligible for court-ordered sealing under s.
  190  943.0584.
  191         2. Has submitted to the department a certified copy of the
  192  disposition of charge to which the petition pertains.
  193         3. Remits a $75 processing fee to the department for
  194  placement in the Department of Law Enforcement Operating Trust
  195  Fund, unless the executive director waives such fee.
  196         (b) A certificate of eligibility for sealing is valid for
  197  12 months after the date stamped on the certificate when issued
  198  by the department. After that time, the petitioner must reapply
  199  to the department for a new certificate of eligibility. The
  200  status of the applicant and the law in effect at the time of the
  201  renewal application determine the petitioner’s eligibility.
  202         (3) PETITION.—Each petition to a court to seal a criminal
  203  history record is complete only when accompanied by:
  204         (a) A valid certificate of eligibility issued by the
  205  department pursuant to this section.
  206         (b) The petitioner’s sworn statement that the petitioner:
  207         1. Satisfies the eligibility requirements for sealing in
  208  subsection (1).
  209         2. Is eligible for sealing to the best of his or her
  210  knowledge and does not have any other petition to seal or
  211  expunge a criminal history record pending before any court.
  212  
  213  Any person who knowingly provides false information on such
  214  sworn statement to the court commits a felony of the third
  215  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  216  775.084.
  217         Section 3. This act shall take effect July 1, 2020.