Florida Senate - 2021 SB 712 By Senator Brandes 24-00529-21 2021712__ 1 A bill to be entitled 2 An act relating to fees; amending s. 943.0586, F.S., 3 as created by SB ___; requiring applicants for a 4 certificate of eligibility of expunction for certain 5 criminal history records to pay a specified fee to the 6 Department of Law Enforcement for placement in a 7 specified trust fund; providing an exception; 8 providing a contingent effective date. 9 10 Be It Enacted by the Legislature of the State of Florida: 11 12 Section 1. Paragraph (a) of subsection (3) of section 13 943.0586, Florida Statutes, as created by SB ___ or other 14 similar legislation enacted in the 2021 Regular Session or an 15 extension thereof and which becomes a law, is amended to read: 16 943.0586 Cannabis expunction.— 17 (3) CERTIFICATE OF ELIGIBILITY.—Before petitioning a court 18 to expunge a criminal history record under this section, a 19 person seeking to expunge a criminal history record must apply 20 to the department for a certificate of eligibility for 21 expunction. The department shall adopt rules to establish 22 procedures for applying for and issuing a certificate of 23 eligibility for expunction. 24 (a) The department shall issue a certificate of eligibility 25 for expunction to a person who is the subject of a criminal 26 history record under this section, if that person: 27 1. Satisfies the eligibility criteria in subsection (2); 28 2. Has submitted to the department a written certified 29 statement from the appropriate state attorney or statewide 30 prosecutor which confirms the criminal history record complies 31 with the criteria in subsection (2);
and32 3. Has submitted to the department a certified copy of the 33 disposition of the charge to which the petition to expunge 34 pertains; and 35 4. Remits a $75 processing fee to the department for 36 placement in the Department of Law Enforcement Operating Trust 37 Fund, unless the executive director waives the fee. 38 Section 2. This act shall take effect on the same date that 39 SB ___ or similar legislation takes effect, if such legislation 40 is adopted in the same legislative session or an extension 41 thereof and becomes a law.