Florida Senate - 2023                        COMMITTEE AMENDMENT
       Bill No. SB 376
       
       
       
       
       
       
                                Ì376880@Î376880                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/04/2023           .                                
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       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 by the court or other 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.