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.