Florida Senate - 2022                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1302
       
       
       
       
       
       
                                Ì7617726Î761772                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/02/2022           .                                
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       The Committee on Appropriations (Burgess) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsections (2) and (3) of section 943.0595,
    6  Florida Statutes, are amended to read:
    7         943.0595 Automatic sealing of criminal history records.—
    8         (2) ELIGIBILITY.—
    9         (a) The department and a court shall automatically seal a
   10  criminal history record that does not result from an indictment,
   11  information, or other charging document for a forcible felony as
   12  defined in s. 776.08 or for an offense enumerated in s.
   13  943.0435(1)(h)1.a.(I), if:
   14         1. An indictment, information, or other charging document
   15  was not filed or issued in the case giving rise to the criminal
   16  history record.
   17         2. An indictment, information, or other charging document
   18  was filed in the case giving rise to the criminal history
   19  record, but was dismissed or nolle prosequi by the state
   20  attorney or statewide prosecutor or was dismissed by a court of
   21  competent jurisdiction. However, a person is not eligible for
   22  automatic sealing under this section if the dismissal was
   23  pursuant to s. 916.145 or s. 985.19.
   24         3. A not guilty verdict was rendered by a judge or jury.
   25  However, a person is not eligible for automatic sealing under
   26  this section if the defendant was found not guilty by reason of
   27  insanity.
   28         4. A judgment of acquittal was rendered by a judge.
   29         (b) There is no limitation on the number of times a person
   30  may obtain an automatic sealing for a criminal history record
   31  described in paragraph (a).
   32         (3) PROCESS FOR AND EFFECT OF AUTOMATIC SEALING.—
   33         (a) Upon the disposition of a criminal case resulting in a
   34  criminal history record eligible for automatic sealing under
   35  paragraph (2)(a), the clerk of the court shall seal the criminal
   36  history record and shall transmit a certified copy of the
   37  disposition of the criminal history record to the department,
   38  which shall seal the criminal history record upon receipt of the
   39  certified copy.
   40         (b) Automatic sealing of a criminal history record does not
   41  require sealing by the court or other criminal justice agencies,
   42  or that such record be surrendered to the court, and such record
   43  shall continue to be maintained by the department and other
   44  criminal justice agencies.
   45         (c) Except as provided in this section, automatic sealing
   46  of a criminal history record shall have the same effect, and the
   47  department and a court may disclose such a record in the same
   48  manner, as a record sealed under s. 943.059.
   49         Section 2. This act shall take effect July 1, 2022.
   50  
   51  ================= T I T L E  A M E N D M E N T ================
   52  And the title is amended as follows:
   53         Delete everything before the enacting clause
   54  and insert:
   55                        A bill to be entitled                      
   56         An act relating to criminal history records; amending
   57         s. 943.0595, F.S.; requiring a court to automatically
   58         seal certain criminal history records that meet
   59         specified criteria; requiring the clerk of the court
   60         to seal certain criminal history records; conforming
   61         provisions to changes made by the act; providing an
   62         effective date.