Florida Senate - 2023                                     SB 376
       
       
        
       By Senator Burgess
       
       
       
       
       
       23-00216A-23                                           2023376__
    1                        A bill to be entitled                      
    2         An act relating to automatic sealing of criminal
    3         history records; amending s. 943.0595, F.S.; requiring
    4         a court to automatically seal certain criminal history
    5         records that meet specified criteria; requiring the
    6         clerk of the court to seal certain criminal history
    7         records; conforming provisions to changes made by the
    8         act; providing an effective date.
    9          
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Subsections (2) and (3) of section 943.0595,
   13  Florida Statutes, are amended to read:
   14         943.0595 Automatic sealing of criminal history records.—
   15         (2) ELIGIBILITY.—
   16         (a) The department and a court shall automatically seal a
   17  criminal history record that does not result from an indictment,
   18  information, or other charging document for a forcible felony as
   19  defined in s. 776.08 or for an offense enumerated in s.
   20  943.0435(1)(h)1.a.(I), if:
   21         1. An indictment, information, or other charging document
   22  was not filed or issued in the case giving rise to the criminal
   23  history record.
   24         2. An indictment, information, or other charging document
   25  was filed in the case giving rise to the criminal history
   26  record, but was dismissed or nolle prosequi by the state
   27  attorney or statewide prosecutor or was dismissed by a court of
   28  competent jurisdiction. However, a person is not eligible for
   29  automatic sealing under this section if the dismissal was
   30  pursuant to s. 916.145 or s. 985.19.
   31         3. A not guilty verdict was rendered by a judge or jury.
   32  However, a person is not eligible for automatic sealing under
   33  this section if the defendant was found not guilty by reason of
   34  insanity.
   35         4. A judgment of acquittal was rendered by a judge.
   36         (b) There is no limitation on the number of times a person
   37  may obtain an automatic sealing for a criminal history record
   38  described in paragraph (a).
   39         (3) PROCESS FOR AND EFFECT OF AUTOMATIC SEALING.—
   40         (a) Upon the disposition of a criminal case resulting in a
   41  criminal history record eligible for automatic sealing under
   42  paragraph (2)(a), the clerk of the court shall seal the criminal
   43  history record and shall transmit a certified copy of the
   44  disposition of the criminal history record to the department,
   45  which shall seal the criminal history record upon receipt of the
   46  certified copy.
   47         (b) Automatic sealing of a criminal history record does not
   48  require sealing by the court or other criminal justice agencies,
   49  or that such record be surrendered to the court, and such record
   50  shall continue to be maintained by the department and other
   51  criminal justice agencies.
   52         (c) Except as provided in this section, automatic sealing
   53  of a criminal history record shall have the same effect, and the
   54  department and a court may disclose such a record in the same
   55  manner, as a record sealed under s. 943.059.
   56         Section 2. This act shall take effect July 1, 2023.