Florida Senate - 2021 COMMITTEE AMENDMENT Bill No. SB 468 Ì9568325Î956832 LEGISLATIVE ACTION Senate . House Comm: RCS . 03/15/2021 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Judiciary (Bracy) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Section 943.0586 is created to read: 6 943.0586 Expunction of criminal history records relating to 7 qualifying cannabis offenses.— 8 (1) ELIGIBILITY.—A person is eligible to petition a court 9 to expunge a criminal history record under this section if all 10 of the following apply: 11 (a) The person was arrested or given a notice to appear for 12 a misdemeanor offense for obtaining, purchasing, or possessing 13 20 grams or less of cannabis, regardless of disposition. 14 (b) The person was not convicted of, or did not pled no 15 contest to, a contemporaneous offense other than the misdemeanor 16 offense for obtaining, purchasing, or possessing 20 grams or 17 less of cannabis. 18 (c) At least one year has elapsed since the disposition of 19 the arrest or alleged criminal activity to which the petition to 20 expunge pertains. 21 (d) The person is no longer under court supervision 22 applicable to the disposition of the arrest or alleged criminal 23 activity to which the petition to expunge pertains. 24 (e) The person has not previously been granted relief under 25 this section. 26 (2) CERTIFICATE OF ELIGIBILITY.—Before petitioning a court 27 to expunge a criminal history record, a person seeking to 28 expunge a criminal history record must apply to the department 29 for a certificate of eligibility for expunction. The department 30 shall adopt rules to establish procedures for applying for and 31 issuing a certificate of eligibility for expunction. 32 (a) The department shall issue a certificate of eligibility 33 for expunction to a person who is the subject of a criminal 34 history record if that person: 35 1. Satisfies the eligibility criteria in paragraphs (1)(a) 36 (e) and is not ineligible under s. 943.0584. 37 2. Has submitted to the department a written certified 38 statement from the appropriate state attorney or statewide 39 prosecutor which confirms the criminal history record complies 40 with the criteria in paragraphs (1)(a) through (1)(d). 41 3. Has submitted to the department a certified copy of the 42 disposition of the charge to which the petition to expunge 43 pertains. 44 4. Remits a processing fee, equal to that fee charged 45 pursuant to s. 943.0585(2)(a)4., to the department for placement 46 in the Department of Law Enforcement Operating Trust Fund, 47 unless the executive director waives such fee. 48 (b) A certificate of eligibility for expunction is valid 49 for 12 months after the date stamped on the certificate when 50 issued by the department. After that time, the petitioner must 51 reapply to the department for a new certificate of eligibility. 52 The petitioner’s status and the law in effect at the time of the 53 renewal application determine the petitioner’s eligibility. 54 (3) PETITION.—Each petition to expunge a criminal history 55 record must be accompanied by: 56 (a) A valid certificate of eligibility issued by the 57 department. 58 (b) The petitioner’s sworn statement that he or she: 59 1. Satisfies the eligibility requirements for expunction in 60 subsection (1). 61 2. Is eligible for expunction to the best of his or her 62 knowledge and does not have any other petition to seal or 63 expunge a criminal history record pending before any court. 64 65 A person who knowingly provides false information on such sworn 66 statement commits a felony of the third degree, punishable as 67 provided in s. 775.082, s. 775.083, or s. 775.084. 68 (4) COURT AUTHORITY.— 69 (a) The courts of this state have jurisdiction over their 70 own procedures, including the maintenance, expunction, and 71 correction of judicial records containing criminal history 72 information to the extent that such procedures are not 73 inconsistent with the conditions, responsibilities, and duties 74 established by this section. 75 (b) A court of competent jurisdiction may order a criminal 76 justice agency to expunge the criminal history record of a minor 77 or an adult who complies with the requirements of this section. 78 The court may not order a criminal justice agency to expunge a 79 criminal history record until the person seeking to expunge a 80 criminal history record has applied for and received a 81 certificate of eligibility under subsection (2). 82 (c) The court may order expunction of a criminal history 83 record pertaining to one arrest or one incident of alleged 84 criminal activity only, except that the court may order the 85 expunction of a criminal history record pertaining to more than 86 one arrest if the additional arrests directly relate to the 87 original arrest. If the court intends to order the expunction of 88 records pertaining to such additional arrests, such intent must 89 be specified in the order. A criminal justice agency may not 90 expunge any record pertaining to such additional arrests if the 91 order to expunge does not articulate the intention of the court 92 to expunge a record pertaining to more than one arrest. This 93 section does not prevent the court from ordering the expunction 94 of only a portion of a criminal history record pertaining to one 95 arrest or one incident of alleged criminal activity. 96 (d) This section does not confer any right to expunction of 97 any criminal history record, and any request for expunction of a 98 criminal history record may be denied at the sole discretion of 99 the court. 100 (5) PROCESSING OF A PETITION OR AN ORDER.— 101 (a) In judicial proceedings under this section, a copy of 102 the completed petition to expunge shall be served upon the 103 appropriate state attorney or the statewide prosecutor and upon 104 the arresting agency; however, it is not necessary to make any 105 agency other than the state a party. The appropriate state 106 attorney or the statewide prosecutor and the arresting agency 107 may respond to the court regarding the completed petition to 108 expunge. 109 (b) If relief is granted by the court, the clerk of the 110 court shall certify copies of the order to the appropriate state 111 attorney or the statewide prosecutor and the arresting agency. 112 The arresting agency shall forward the order to any other agency 113 to which the arresting agency disseminated the criminal history 114 record information to which the order pertains. The department 115 shall forward the order to expunge to the Federal Bureau of 116 Investigation. The clerk of the court shall certify a copy of 117 the order to any other agency which the records of the court 118 reflect has received the criminal history record from the court. 119 (c) The department or any other criminal justice agency is 120 not required to act on an order to expunge entered by a court 121 when such order does not comply with the requirements of this 122 section. Upon receipt of such an order, the department must 123 notify the issuing court, the appropriate state attorney or 124 statewide prosecutor, the petitioner or the petitioner’s 125 attorney, and the arresting agency of the reason for 126 noncompliance. The appropriate state attorney or statewide 127 prosecutor shall take action within 60 days to correct the 128 record and petition the court to void the order. No cause of 129 action, including contempt of court, shall arise against any 130 criminal justice agency for failure to comply with an order to 131 expunge when the petitioner for such order failed to obtain the 132 certificate of eligibility as required by this section or such 133 order does not otherwise comply with the requirements of this 134 section. 135 (6) EFFECT OF EXPUNCTION ORDER.— 136 (a) The person who is the subject of a criminal history 137 record that is expunged under this section, may lawfully deny or 138 fail to acknowledge the arrests and notices to appear covered by 139 the expunged record, except when the subject of the record: 140 1. Is a candidate for employment with a criminal justice 141 agency; 142 2. Is a defendant in a criminal prosecution; 143 3. Is a candidate for admission to The Florida Bar; 144 4. Is seeking to be employed or licensed by or to contract 145 with the Department of Children and Families, the Division of 146 Vocational Rehabilitation within the Department of Education, 147 the Agency for Health Care Administration, the Agency for 148 Persons with Disabilities, the Department of Health, the 149 Department of Elderly Affairs, or the Department of Juvenile 150 Justice or to be employed or used by such contractor or licensee 151 in a sensitive position having direct contact with children, the 152 disabled, or the elderly; 153 5. Is seeking to be employed or licensed by the Department 154 of Education, any district school board, any university 155 laboratory school, any charter school, any private or parochial 156 school, or any local governmental entity that licenses child 157 care facilities; 158 6. Is seeking to be licensed by the Division of Insurance 159 Agent and Agency Services within the Department of Financial 160 Services; or 161 7. Is seeking to be appointed as a guardian pursuant to s. 162 744.3125. 163 (b) Subject to the exceptions in paragraph (a), a person 164 who has been granted an expunction under this section may not be 165 held under any provision of law of this state to commit perjury 166 or to be otherwise liable for giving a false statement by reason 167 of such person’s failure to recite or acknowledge an expunged 168 criminal history record. 169 (7) RELATION TO OTHER LAWS ON EXPUNCTION OR SEALING. 170 Expunction or sealing granted under this section does not 171 prevent the person who receives such relief from petitioning for 172 the expunction or sealing of a criminal history record as 173 provided for in ss. 943.0583, 943.0585, and 943.059, if the 174 person is otherwise eligible under those sections. 175 176 ================= T I T L E A M E N D M E N T ================ 177 And the title is amended as follows: 178 Delete everything before the enacting clause 179 and insert: 180 A bill to be entitled 181 An act relating to expunction of criminal history 182 records relating to certain cannabis offenses; 183 creating s. 943.0586, F.S.; providing for eligibility; 184 requiring a petitioner to obtain a certificate of 185 eligibility from the Department of Law Enforcement; 186 providing application requirements and contents of a 187 certificate; requiring a petition to expunge; 188 providing contents of a petition; providing court 189 procedures for expungement; providing that the subject 190 of an expungement order may lawfully deny the arrest; 191 providing exceptions; providing that a petitioner for 192 expunction of certain cannabis offenses does not 193 foreclose the petitioner from applying to seal or 194 expunge other criminal arrests; providing an effective 195 date.