Florida Senate - 2023 COMMITTEE AMENDMENT Bill No. SB 376 Ì376880@Î376880 LEGISLATIVE ACTION Senate . House Comm: RCS . 04/04/2023 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Criminal Justice (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 and 8 making confidential the related court records.— 9 (2) ELIGIBILITY.— 10 (a) The department shall automatically seal a criminal 11 history record that does not result from an indictment, 12 information, or other charging document for a forcible felony as 13 defined in s. 776.08 or for an offense enumerated in s. 14 943.0435(1)(h)1.a.(I), if: 15 1. An indictment, information, or other charging document 16 was not filed or issued in the case giving rise to the criminal 17 history record. 18 2. An indictment, information, or other charging document 19 was filed in the case giving rise to the criminal history 20 record, but was dismissed or nolle prosequi by the state 21 attorney or statewide prosecutor or was dismissed by a court of 22 competent jurisdiction as to all counts. However, a person is 23 not eligible for automatic sealing under this section if the 24 dismissal was pursuant to s. 916.145 or s. 985.19. 25 3. A not guilty verdict was rendered by a judge or jury as 26 to all counts. However, a person is not eligible for automatic 27 sealing under this section if the defendant was found not guilty 28 by reason of insanity. 29 4. A judgment of acquittal was rendered by a judge as to 30 all counts. 31 (b) There is no limitation on the number of times a person 32 may obtain an automatic sealing for a criminal history record 33 described in paragraph (a). 34 (3) PROCESS FOR AND EFFECT OF AUTOMATIC SEALING.— 35 (a) Upon the disposition of a criminal case resulting in a 36 criminal history record eligible for automatic sealing under 37 paragraph (2)(a), the clerk of the court shall transmit a 38 certified copy of the disposition of the criminal history record 39 to the department, which shall seal the criminal history record 40 upon receipt of the certified copy. 41 (b) The department shall notify the clerk of court upon the 42 sealing of the criminal history record as provided in paragraph 43 (a). Upon such notification the clerk of court must 44 automatically keep confidential the court record in the case 45 giving rise to the department’s sealing of the criminal history 46 record 47 (b) Automatic sealing of a criminal history record and 48 making the related court record confidential does not require 49 sealing bythe court orother criminal justice agencies, or that 50 such record be surrendered to the court, and such record shall 51 continue to be maintained by the department and other criminal 52 justice agencies. 53 (c) Except as provided in this section, automatic sealing 54 of a criminal history record and making the related court record 55 confidential shall have the same effect, and the department and 56 the clerk may disclose such a record in the same manner, as a 57 record sealed under s. 943.059. 58 59 ================= T I T L E A M E N D M E N T ================ 60 And the title is amended as follows: 61 Delete everything before the enacting clause 62 and insert: 63 A bill to be entitled 64 An act relating to automatic sealing of criminal 65 history records and making confidential related court 66 records; amending s. 943.0595, F.S.; requiring a clerk 67 of court to automatically keep confidential court 68 records related to certain criminal history records 69 that meet specified criteria; conforming provisions to 70 changes made by the act; providing an effective date.