Florida Senate - 2021                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 1826
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 2/AD/2R         .                                
             04/14/2021 06:13 PM       .                                
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       Senator Diaz moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 180 and 181
    4  insert:
    5         Section 3. Subsections (2) and (3) and paragraph (a) of
    6  subsection (6) of section 943.0583, Florida Statutes, are
    7  amended to read:
    8         943.0583 Human trafficking victim expunction.—
    9         (2) Notwithstanding any other provision of law, upon the
   10  filing of a petition as provided in this section, any court in
   11  the circuit in which the petitioner was arrested, so long as the
   12  court has jurisdiction over the class of offense or offenses
   13  sought to be expunged, may order a criminal justice agency to
   14  expunge the criminal history record of a victim of human
   15  trafficking who complies with the requirements of this section.
   16  A petition need not be filed in the court where the petitioner’s
   17  criminal proceeding or proceedings originally occurred. This
   18  section does not confer any right to the expunction of any
   19  criminal history record, and any request for expunction of a
   20  criminal history record may be denied at the discretion of the
   21  court. The clerk of the court may not charge a filing fee,
   22  service charge, or copy fee or any other charge for a petition
   23  filed under this section. The clerk of the court shall treat a
   24  petition seeking to expunge more than one eligible case as a
   25  single petition.
   26         (3) A person who is a victim of human trafficking may
   27  petition for the expunction of a criminal history record
   28  resulting from the arrest or filing of charges for one or more
   29  offenses an offense committed or reported to have been committed
   30  while the person was a victim of human trafficking, which
   31  offense was committed or reported to have been committed as a
   32  part of the human trafficking scheme of which the person was a
   33  victim or at the direction of an operator of the scheme,
   34  including, but not limited to, violations under chapters 796 and
   35  847, without regard to the disposition of the arrest or of any
   36  charges. However, this section does not apply to any offense
   37  listed in s. 775.084(1)(b)1. Determination of the petition under
   38  this section should be by a preponderance of the evidence. A
   39  conviction expunged under this section is deemed to have been
   40  vacated due to a substantive defect in the underlying criminal
   41  proceedings. If a person is adjudicated not guilty by reason of
   42  insanity or is found to be incompetent to stand trial for any
   43  such charge, the expunction of the criminal history record may
   44  not prevent the entry of the judgment or finding in state and
   45  national databases for use in determining eligibility to
   46  purchase or possess a firearm or to carry a concealed firearm,
   47  as authorized in s. 790.065(2)(a)4.c. and 18 U.S.C. s. 922(t),
   48  nor shall it prevent any governmental agency that is authorized
   49  by state or federal law to determine eligibility to purchase or
   50  possess a firearm or to carry a concealed firearm from accessing
   51  or using the record of the judgment or finding in the course of
   52  such agency’s official duties.
   53         (6) Each petition to a court to expunge a criminal history
   54  record is complete only when accompanied by:
   55         (a) The petitioner’s sworn statement attesting that the
   56  petitioner is eligible for such an expunction to the best of his
   57  or her knowledge or belief and does not have any other petition
   58  to expunge or any petition to seal pending before any court.
   59  
   60  Any person who knowingly provides false information on such
   61  sworn statement to the court commits a felony of the third
   62  degree, punishable as provided in s. 775.082, s. 775.083, or s.
   63  775.084.
   64  
   65  ================= T I T L E  A M E N D M E N T ================
   66  And the title is amended as follows:
   67         Between lines 16 and 17
   68  insert:
   69         amending s. 943.0583, F.S.; prohibiting a clerk of the
   70         court from charging certain fees for petitions for
   71         expunction of human trafficking victim criminal
   72         history records; providing that a petition seeking
   73         expunction of more than one case is a single petition;
   74         deleting a requirement that a petitioner under this
   75         section have no other expunction or any sealing
   76         petitions pending;