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); and
   32         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.