Florida Senate - 2025                                    SB 1214
       
       
        
       By Senator Martin
       
       
       
       
       
       33-01728A-25                                          20251214__
    1                        A bill to be entitled                      
    2         An act relating to automatic sealing of criminal
    3         history records; amending s. 943.0595, F.S.;
    4         eliminating certain circumstances in which criminal
    5         history records are automatically sealed; providing
    6         that specified provisions do not limit a prosecutor
    7         from accessing automatically sealed criminal history
    8         records for certain purposes; providing an effective
    9         date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Paragraph (a) of subsection (2) of section
   14  943.0595, Florida Statutes, is amended, and paragraph (e) is
   15  added to subsection (3) of that section, to read:
   16         943.0595 Automatic sealing of criminal history records;
   17  confidentiality of related court records.—
   18         (2) ELIGIBILITY.—
   19         (a) The department shall automatically seal a criminal
   20  history record that does not result from an indictment,
   21  information, or other charging document for a forcible felony as
   22  defined in s. 776.08 or for an offense enumerated in s.
   23  943.0435(1)(h)1.a.(I), if:
   24         1. An indictment, information, or other charging document
   25  was not filed or issued in the case giving rise to the criminal
   26  history record.
   27         2. An indictment, information, or other charging document
   28  was filed in the case giving rise to the criminal history
   29  record, but was dismissed or nolle prosequi by the state
   30  attorney or statewide prosecutor or was dismissed by a court of
   31  competent jurisdiction as to all counts. However, a person is
   32  not eligible for automatic sealing under this section if the
   33  dismissal was pursuant to s. 916.145 or s. 985.19.
   34         1.3. A not guilty verdict was rendered by a judge or jury
   35  as to all counts. However, a person is not eligible for
   36  automatic sealing under this section if the defendant was found
   37  not guilty by reason of insanity.
   38         2.4. A judgment of acquittal was rendered by a judge as to
   39  all counts.
   40         (3) PROCESS FOR AND EFFECT OF AUTOMATIC SEALING.—
   41         (e) This section does not limit a prosecutor from accessing
   42  a criminal history record sealed pursuant to this section to
   43  determine an appropriate plea offer, to access evidence that can
   44  be used in a prosecution, or to determine eligibility for
   45  diversion.
   46         Section 2. This act shall take effect July 1, 2025.