Florida Senate - 2021 SB 468 By Senator Bracy 11-00276-21 2021468__ 1 A bill to be entitled 2 An act relating to expunction of criminal history 3 records relating to certain cannabis offenses; 4 creating s. 943.0586, F.S.; defining terms; 5 authorizing certain courts to order criminal justice 6 agencies to expunge the criminal history record of an 7 individual with a qualified cannabis offense upon such 8 individual filing a petition for expunction; 9 authorizing an individual to petition for expunction 10 of such criminal history records at any time; 11 specifying petition requirements; requiring a court, 12 upon receipt of a petition, to serve the appropriate 13 state attorney and the arresting agency with a copy of 14 the petition; providing requirements if the state 15 attorney or the arresting agency object to the court 16 granting the petition; requiring the court to grant 17 the petition if no objection is filed; imposing duties 18 on the clerk of the court and the arresting agency if 19 a court grants such a petition; providing 20 construction; requiring that a criminal justice agency 21 that has custody of any criminal history record 22 ordered expunged physically destroy or obliterate the 23 record; providing for the effect of expunged criminal 24 history records; prohibiting a court or criminal 25 justice agency from charging the petitioner fees in 26 connection with the petition; providing a statement 27 regarding certain references and the doctrine of 28 incorporation by reference; providing an effective 29 date. 30 31 Be It Enacted by the Legislature of the State of Florida: 32 33 Section 1. Section 943.0586, Florida Statutes, is created 34 to read: 35 943.0586 Expunction of criminal history records relating to 36 qualifying cannabis offenses.— 37 (1) As used in this section, the term: 38 (a) “Domestic violence” has the same meaning as in s. 39 741.28. The term includes any crime the underlying factual basis 40 of which has been found by a court to include an act of domestic 41 violence and any act of domestic violence between dating 42 partners as described in s. 784.046(1)(d). 43 (b) “Qualifying cannabis offense” means one or more 44 misdemeanor convictions of obtaining, purchasing, or possessing 45 20 grams or less of cannabis. The term does not include a 46 misdemeanor conviction of obtaining, purchasing, or possessing 47 20 grams or less of cannabis if, in connection with such 48 offense, the individual was found guilty or pled guilty or no 49 contest to a felony offense, to driving under the influence, or 50 to an act of domestic violence. 51 (2) Notwithstanding any other provision of law, upon the 52 filing of a petition for expunction as provided in this section, 53 any court in the circuit in which the petitioner was arrested or 54 in which the petitioner resides may order a criminal justice 55 agency to expunge the criminal history record of an individual 56 with a qualifying cannabis offense who complies with the 57 requirements of this section. A petition need not be filed in 58 the court where the petitioner’s criminal proceedings in 59 connection with the offense were conducted. 60 (3) An individual may petition for the expunction of a 61 criminal history record resulting from a qualifying cannabis 62 offense at any time. 63 (4) Each petition to a court to expunge a qualifying 64 cannabis offense is complete only when accompanied by: 65 (a) The petitioner’s sworn statement attesting that the 66 petitioner is eligible for such an expunction to the best of his 67 or her knowledge or belief; and 68 (b) A certified copy of the disposition of any charge to 69 which the petition to expunge pertains. 70 (5) Upon a court receiving a petition under this section, 71 the court shall, as soon as practicable, serve the appropriate 72 state attorney and the arresting agency with a copy of the 73 completed petition. The petitioner or the petitioner’s attorney 74 may appear at any hearing under this section telephonically, via 75 video conference, or by other electronic means. 76 (a) If the state attorney or the arresting agency objects 77 to the court granting the petition, a written objection must be 78 filed with the court within 10 days after the date on which the 79 request was received. If such an objection is filed, the court 80 must hold a hearing on the request. At the hearing, the court 81 must grant the petition unless the state attorney or the 82 arresting agency establishes by clear and convincing evidence 83 that there is good cause not to grant the request. 84 (b) If the state attorney or the arresting agency does not 85 file a written objection with the court, the court must grant 86 the petition. 87 (c) If the petition is granted by the court, the clerk of 88 the court shall certify copies of the order to the appropriate 89 state attorney and the arresting agency. The arresting agency is 90 responsible for forwarding the order to any other agency listed 91 in the court order to which the arresting agency disseminated 92 the criminal history record information covered by the order. 93 The clerk of the court shall certify a copy of the order to any 94 other agency that the records of the court reflect received the 95 criminal history record from the court. 96 (6)(a) The courts of this state have jurisdiction over 97 their own procedures, including the maintenance, expunction, and 98 correction of judicial records containing criminal history 99 information, to the extent that such procedures are not 100 inconsistent with the conditions, responsibilities, and duties 101 established by this section. 102 (b) Any criminal history record of an individual which is 103 ordered expunged pursuant to this section must be physically 104 destroyed or obliterated by any criminal justice agency having 105 custody of such record. 106 (c) The individual who is the subject of a criminal history 107 record that is expunged under this section may lawfully deny or 108 fail to acknowledge the arrests or convictions covered by the 109 expunged records. 110 (d) The individual who has been granted an expunction under 111 this section may not be held under any law of this state to 112 commit perjury or to be otherwise liable for giving a false 113 statement by reason of such individual’s failure to recite or 114 acknowledge an expunged criminal history record. 115 (7) A court or criminal justice agency may not charge an 116 individual a fee to complete a petition under this section or to 117 obtain the necessary documents to complete a petition under this 118 section. 119 (8) Any reference to any other chapter, section, or 120 subdivision of the Florida Statutes in this section constitutes 121 a general reference under the doctrine of incorporation by 122 reference. 123 Section 2. This act shall take effect July 1, 2021.