Florida Senate - 2025                                    SB 1026
       
       
        
       By Senator Davis
       
       
       
       
       
       5-00577-25                                            20251026__
    1                        A bill to be entitled                      
    2         An act relating to expunction of qualifying marijuana
    3         offenses; creating s. 943.0579, F.S.; defining the
    4         term “qualifying marijuana offense”; requiring the
    5         Department of Law Enforcement to issue certificates of
    6         eligibility for expunction of qualifying marijuana
    7         offenses; providing requirements for the department;
    8         specifying requirements for a petition for expunction;
    9         providing criminal penalties for providing false
   10         information on a certain sworn statement; specifying
   11         the process for a petition to expunge qualifying
   12         marijuana offenses; requiring the department to adopt
   13         rules; providing an effective date.
   14          
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Section 943.0579, Florida Statutes, is created
   18  to read:
   19         943.0579 Expunction of a qualifying marijuana offense.—
   20         (1)DEFINITION.—As used in this section, the term
   21  “qualifying marijuana offense” means one or more violations of
   22  any of the following offenses that an individual committed
   23  before July 1, 2025:
   24         (a)Section 893.13, involving the possession of 2 ounces or
   25  less of cannabis as defined in s. 893.02.
   26         (b)Section 893.147, involving the possession of drug
   27  paraphernalia that meets the definition of marijuana delivery
   28  device in s. 381.986(1).
   29         (2) CERTIFICATE OF ELIGIBILITY.—Notwithstanding the
   30  eligibility requirements of s. 943.0585(1) and (2), the
   31  department shall issue a certificate of eligibility for
   32  expunction under this section to a person who is the subject of
   33  a criminal history record resulting from the arrest, filing of
   34  charges, or conviction for a qualifying marijuana offense. In
   35  accepting, processing, and approving a petition for a
   36  certificate of eligibility for expunction under this section,
   37  the department:
   38         (a)May not require a fee from the petitioner.
   39         (b)Shall create and administer a system:
   40         1.That allows a petitioner to electronically transmit
   41  their petition and any attachment, including the petitioner’s
   42  fingerprints and a copy of the disposition of the arrest or
   43  charge; and
   44         2.That electronically transmits a certificate of
   45  eligibility for expunction to the petitioner.
   46         (3)PETITION.—
   47         (a)Each petition to expunge a criminal history record
   48  pursuant to this section must be accompanied by the petitioner’s
   49  sworn statement attesting that the petitioner is eligible for
   50  such an expunction to the best of his or her knowledge or
   51  belief. A person who knowingly provides false information on
   52  such sworn statement to the court commits a felony of the third
   53  degree, punishable as provided in s. 775.082, s. 775.083, or s.
   54  775.084.
   55         (b) This section does not confer any right to the
   56  expunction of a criminal history record, and any request for
   57  expunction of a criminal history record may be denied at the
   58  discretion of the court.
   59         (4) PROCESSING OF A PETITION OR AN ORDER.—
   60         (a) In judicial proceedings under this section, a copy of
   61  the completed petition to expunge must be served upon the
   62  appropriate state attorney or the statewide prosecutor and upon
   63  the arresting agency; however, it is not necessary to make any
   64  agency other than the state a party. The appropriate state
   65  attorney or the statewide prosecutor and the arresting agency
   66  may respond to the court regarding the completed petition to
   67  expunge.
   68         (b) The court shall grant relief to a petitioner who meets
   69  the requirements of this section, and, upon the granting of
   70  relief, the clerk of the court shall certify copies of the order
   71  to the appropriate state attorney or the statewide prosecutor
   72  and the arresting agency. The arresting agency shall forward the
   73  order to any other agency to which the arresting agency
   74  disseminated the criminal history record and to which the order
   75  pertains. The department shall forward the order to expunge to
   76  the Federal Bureau of Investigation. The clerk of the court
   77  shall certify a copy of the order to any other agency for which
   78  the records of the court reflect has received the criminal
   79  history record.
   80         (c) The department or any other criminal justice agency is
   81  not required to act on an order to expunge entered by a court
   82  when such order does not comply with the requirements of this
   83  section. Upon receipt of such an order, the department must
   84  notify the issuing court, the appropriate state attorney or
   85  statewide prosecutor, the petitioner or the petitioner’s
   86  attorney, and the arresting agency of the reason for
   87  noncompliance. The appropriate state attorney or statewide
   88  prosecutor shall take action within 60 days after receipt of
   89  such an order to correct the record and petition the court to
   90  void the order. No cause of action, including contempt of court,
   91  shall arise against any criminal justice agency for failure to
   92  comply with an order to expunge when the petitioner for such
   93  order failed to obtain the certificate of eligibility as
   94  required by this section or when such order does not otherwise
   95  comply with the requirements of this section.
   96         (5) RULEMAKING.—The department shall adopt rules to
   97  implement this section.
   98         Section 2. This act shall take effect July 1, 2025.