Florida Senate - 2016                                    SB 1682
       
       
        
       By Senator Sachs
       
       34-01189-16                                           20161682__
    1                        A bill to be entitled                      
    2         An act relating to sealing of criminal history
    3         records; amending s. 943.059, F.S.; providing that a
    4         person with a single conviction of driving while under
    5         the influence may seek the court-ordered sealing of a
    6         criminal history record related to a subsequent
    7         offense; providing an effective date.
    8          
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. Subsections (1) and (2) of section 943.059,
   12  Florida Statutes, are amended to read:
   13         943.059 Court-ordered sealing of criminal history records.
   14  The courts of this state shall continue to have jurisdiction
   15  over their own procedures, including the maintenance, sealing,
   16  and correction of judicial records containing criminal history
   17  information to the extent such procedures are not inconsistent
   18  with the conditions, responsibilities, and duties established by
   19  this section. Any court of competent jurisdiction may order a
   20  criminal justice agency to seal the criminal history record of a
   21  minor or an adult who complies with the requirements of this
   22  section. The court shall not order a criminal justice agency to
   23  seal a criminal history record until the person seeking to seal
   24  a criminal history record has applied for and received a
   25  certificate of eligibility for sealing pursuant to subsection
   26  (2). A criminal history record that relates to a violation of s.
   27  393.135, s. 394.4593, s.787.025, chapter 794, former s. 796.03,
   28  s. 800.04, s. 810.14, s. 817.034, s. 825.1025, s. 827.071,
   29  chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s. 893.135,
   30  s. 916.1075, a violation enumerated in s. 907.041, or any
   31  violation specified as a predicate offense for registration as a
   32  sexual predator pursuant to s. 775.21, without regard to whether
   33  that offense alone is sufficient to require such registration,
   34  or for registration as a sexual offender pursuant to s.
   35  943.0435, may not be sealed, without regard to whether
   36  adjudication was withheld, if the defendant was found guilty of
   37  or pled guilty or nolo contendere to the offense, or if the
   38  defendant, as a minor, was found to have committed or pled
   39  guilty or nolo contendere to committing the offense as a
   40  delinquent act. The court may only order sealing of a criminal
   41  history record pertaining to one arrest or one incident of
   42  alleged criminal activity, except as provided in this section.
   43  The court may, at its sole discretion, order the sealing of a
   44  criminal history record pertaining to more than one arrest if
   45  the additional arrests directly relate to the original arrest.
   46  If the court intends to order the sealing of records pertaining
   47  to such additional arrests, such intent must be specified in the
   48  order. A criminal justice agency may not seal any record
   49  pertaining to such additional arrests if the order to seal does
   50  not articulate the intention of the court to seal records
   51  pertaining to more than one arrest. This section does not
   52  prevent the court from ordering the sealing of only a portion of
   53  a criminal history record pertaining to one arrest or one
   54  incident of alleged criminal activity. Notwithstanding any law
   55  to the contrary, a criminal justice agency may comply with laws,
   56  court orders, and official requests of other jurisdictions
   57  relating to sealing, correction, or confidential handling of
   58  criminal history records or information derived therefrom. This
   59  section does not confer any right to the sealing of any criminal
   60  history record, and any request for sealing a criminal history
   61  record may be denied at the sole discretion of the court.
   62         (1) PETITION TO SEAL A CRIMINAL HISTORY RECORD.—Each
   63  petition to a court to seal a criminal history record is
   64  complete only when accompanied by:
   65         (a) A valid certificate of eligibility for sealing issued
   66  by the department pursuant to subsection (2).
   67         (b) The petitioner’s sworn statement attesting that the
   68  petitioner:
   69         1. Has never, prior to the date on which the petition is
   70  filed, been adjudicated guilty of a criminal offense or
   71  comparable ordinance violation, excluding a single conviction
   72  under s. 316.193(1), or been adjudicated delinquent for
   73  committing any felony or a misdemeanor specified in s.
   74  943.051(3)(b).
   75         2. Has not been adjudicated guilty of or adjudicated
   76  delinquent for committing any of the acts stemming from the
   77  arrest or alleged criminal activity to which the petition to
   78  seal pertains, excluding a single conviction under s.
   79  316.193(1).
   80         3. Has never secured a prior sealing or expunction of a
   81  criminal history record under this section, s. 943.0585, former
   82  s. 893.14, former s. 901.33, or former s. 943.058.
   83         4. Is eligible for such a sealing to the best of his or her
   84  knowledge or belief and does not have any other petition to seal
   85  or any petition to expunge pending before any court.
   86  
   87  Any person who knowingly provides false information on such
   88  sworn statement to the court commits a felony of the third
   89  degree, punishable as provided in s. 775.082, s. 775.083, or s.
   90  775.084.
   91         (2) CERTIFICATE OF ELIGIBILITY FOR SEALING.—Prior to
   92  petitioning the court to seal a criminal history record, a
   93  person seeking to seal a criminal history record shall apply to
   94  the department for a certificate of eligibility for sealing. The
   95  department shall, by rule adopted pursuant to chapter 120,
   96  establish procedures pertaining to the application for and
   97  issuance of certificates of eligibility for sealing. A
   98  certificate of eligibility for sealing is valid for 12 months
   99  after the date stamped on the certificate when issued by the
  100  department. After that time, the petitioner must reapply to the
  101  department for a new certificate of eligibility. Eligibility for
  102  a renewed certification of eligibility must be based on the
  103  status of the applicant and the law in effect at the time of the
  104  renewal application. The department shall issue a certificate of
  105  eligibility for sealing to a person who is the subject of a
  106  criminal history record provided that such person:
  107         (a) Has submitted to the department a certified copy of the
  108  disposition of the charge to which the petition to seal
  109  pertains.
  110         (b) Remits a $75 processing fee to the department for
  111  placement in the Department of Law Enforcement Operating Trust
  112  Fund, unless such fee is waived by the executive director.
  113         (c) Has never, prior to the date on which the application
  114  for a certificate of eligibility is filed, been adjudicated
  115  guilty of a criminal offense or comparable ordinance violation,
  116  excluding a single conviction under s. 316.193(1), or been
  117  adjudicated delinquent for committing any felony or a
  118  misdemeanor specified in s. 943.051(3)(b).
  119         (d) Has not been adjudicated guilty of or adjudicated
  120  delinquent for committing any of the acts stemming from the
  121  arrest or alleged criminal activity to which the petition to
  122  seal pertains, excluding a single conviction under s.
  123  316.193(1).
  124         (e) Has never secured a prior sealing or expunction of a
  125  criminal history record under this section, s. 943.0585, former
  126  s. 893.14, former s. 901.33, or former s. 943.058.
  127         (f) Is no longer under court supervision applicable to the
  128  disposition of the arrest or alleged criminal activity to which
  129  the petition to seal pertains.
  130         Section 2. This act shall take effect July 1, 2016.