Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. CS for SB 118
       
       
       
       
       
       
                                Ì756200gÎ756200                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/06/2017           .                                
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       The Committee on Criminal Justice (Steube) recommended the
       following:
       
    1         Senate Substitute for Amendment (240462) (with title
    2  amendment)
    3  
    4         Delete everything after the enacting clause
    5  and insert:
    6         Section 1. (1)Any person or entity engaged in the business
    7  of publishing or otherwise disseminating arrest booking
    8  photographs of persons who have previously been arrested through
    9  a publicly accessible print or electronic medium may not solicit
   10  or accept a fee or other form of payment to remove the
   11  photographs.
   12         (2)Within 10 calendar days of receipt of a written request
   13  for removal of a booking photograph from a person whose booking
   14  photograph is published or otherwise disseminated, or from his
   15  or her legal representative, the person or entity who published
   16  or otherwise disseminated the photograph shall remove the
   17  photograph without charge.
   18         (3)The person whose arrest booking photograph was
   19  published or otherwise disseminated in the publication or
   20  electronic medium may bring a civil action to enjoin the
   21  continued publication or dissemination of the photograph if the
   22  photograph is not removed within 10 calendar days after receipt
   23  of the written request for removal. The court may impose a civil
   24  penalty of $1,000 per day for noncompliance with an injunction
   25  and shall award reasonable attorney fees and court costs related
   26  to the issuance and enforcement of the injunction. Monies
   27  recovered for civil penalties under this section shall be
   28  deposited into the General Revenue Fund.
   29         (4)Refusal to remove an arrest booking photograph after
   30  written request has been made constitutes an unfair or deceptive
   31  trade practice in accordance with part II of chapter 501.
   32         (5)This section does not apply to any person or entity
   33  that publishes or disseminates information relating to arrest
   34  booking photographs unless the person or entity solicits or
   35  accepts payment to remove the photographs.
   36         Section 2. Paragraph (a) of subsection (2) of section
   37  943.0585, Florida Statutes, is amended to read:
   38         943.0585 Court-ordered expunction of criminal history
   39  records.—Court-ordered expunction of criminal history records.
   40  The courts of this state have jurisdiction over their own
   41  procedures, including the maintenance, expunction, and
   42  correction of judicial records containing criminal history
   43  information to the extent such procedures are not inconsistent
   44  with the conditions, responsibilities, and duties established by
   45  this section. Any court of competent jurisdiction may order a
   46  criminal justice agency to expunge the criminal history record
   47  of a minor or an adult who complies with the requirements of
   48  this section. The court shall not order a criminal justice
   49  agency to expunge a criminal history record until the person
   50  seeking to expunge a criminal history record has applied for and
   51  received a certificate of eligibility for expunction pursuant to
   52  subsection (2) or subsection (5). A criminal history record that
   53  relates to a violation of s. 393.135, s. 394.4593, s. 787.025,
   54  chapter 794, former s. 796.03, s. 800.04, s. 810.14, s. 817.034,
   55  s. 825.1025, s. 827.071, chapter 839, s. 847.0133, s. 847.0135,
   56  s. 847.0145, s. 893.135, s. 916.1075, a violation enumerated in
   57  s. 907.041, or any violation specified as a predicate offense
   58  for registration as a sexual predator pursuant to s. 775.21,
   59  without regard to whether that offense alone is sufficient to
   60  require such registration, or for registration as a sexual
   61  offender pursuant to s. 943.0435, may not be expunged, without
   62  regard to whether adjudication was withheld, if the defendant
   63  was found guilty of or pled guilty or nolo contendere to the
   64  offense, or if the defendant, as a minor, was found to have
   65  committed, or pled guilty or nolo contendere to committing, the
   66  offense as a delinquent act. The court may only order expunction
   67  of a criminal history record pertaining to one arrest or one
   68  incident of alleged criminal activity, except as provided in
   69  this section. The court may, at its sole discretion, order the
   70  expunction of a criminal history record pertaining to more than
   71  one arrest if the additional arrests directly relate to the
   72  original arrest. If the court intends to order the expunction of
   73  records pertaining to such additional arrests, such intent must
   74  be specified in the order. A criminal justice agency may not
   75  expunge any record pertaining to such additional arrests if the
   76  order to expunge does not articulate the intention of the court
   77  to expunge a record pertaining to more than one arrest. This
   78  section does not prevent the court from ordering the expunction
   79  of only a portion of a criminal history record pertaining to one
   80  arrest or one incident of alleged criminal activity.
   81  Notwithstanding any law to the contrary, a criminal justice
   82  agency may comply with laws, court orders, and official requests
   83  of other jurisdictions relating to expunction, correction, or
   84  confidential handling of criminal history records or information
   85  derived therefrom. This section does not confer any right to the
   86  expunction of any criminal history record, and any request for
   87  expunction of a criminal history record may be denied at the
   88  sole discretion of the court.
   89         (2) CERTIFICATE OF ELIGIBILITY FOR EXPUNCTION.—Prior to
   90  petitioning the court to expunge a criminal history record, a
   91  person seeking to expunge a criminal history record shall apply
   92  to the department for a certificate of eligibility for
   93  expunction. The department shall, by rule adopted pursuant to
   94  chapter 120, establish procedures pertaining to the application
   95  for and issuance of certificates of eligibility for expunction.
   96  A certificate of eligibility for expunction is valid for 12
   97  months after the date stamped on the certificate when issued by
   98  the department. After that time, the petitioner must reapply to
   99  the department for a new certificate of eligibility. Eligibility
  100  for a renewed certification of eligibility must be based on the
  101  status of the applicant and the law in effect at the time of the
  102  renewal application. The department shall issue a certificate of
  103  eligibility for expunction to a person who is the subject of a
  104  criminal history record if that person:
  105         (a) Has obtained, and submitted to the department, a
  106  written, certified statement from the appropriate state attorney
  107  or statewide prosecutor which indicates:
  108         1. That an indictment, information, or other charging
  109  document was not filed or issued in the case.
  110         2. That an indictment, information, or other charging
  111  document, if filed or issued in the case, was dismissed or nolle
  112  prosequi by the state attorney or statewide prosecutor, or was
  113  dismissed by a court of competent jurisdiction, that a judgment
  114  of acquittal was rendered by a judge, or that a verdict of not
  115  guilty was rendered by a judge or jury and that none of the
  116  charges related to the arrest or alleged criminal activity to
  117  which the petition to expunge pertains resulted in a trial,
  118  without regard to whether the outcome of the trial was other
  119  than an adjudication of guilt.
  120         3. That the criminal history record does not relate to a
  121  violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794,
  122  former s. 796.03, s. 800.04, s. 810.14, s. 817.034, s. 825.1025,
  123  s. 827.071, chapter 839, s. 847.0133, s. 847.0135, s. 847.0145,
  124  s. 893.135, s. 916.1075, a violation enumerated in s. 907.041,
  125  or any violation specified as a predicate offense for
  126  registration as a sexual predator pursuant to s. 775.21, without
  127  regard to whether that offense alone is sufficient to require
  128  such registration, or for registration as a sexual offender
  129  pursuant to s. 943.0435, where the defendant was found guilty
  130  of, or pled guilty or nolo contendere to any such offense, or
  131  that the defendant, as a minor, was found to have committed, or
  132  pled guilty or nolo contendere to committing, such an offense as
  133  a delinquent act, without regard to whether adjudication was
  134  withheld.
  135         Section 3. This act shall take effect July 1, 2017.
  136  
  137  ================= T I T L E  A M E N D M E N T ================
  138  And the title is amended as follows:
  139         Delete everything before the enacting clause
  140  and insert:
  141                        A bill to be entitled                      
  142         An act relating to criminal history records;
  143         prohibiting a person or entity engaged in publishing
  144         or disseminating arrest booking photographs from
  145         soliciting or accepting a fee or other payment to
  146         remove the photograph; requiring a person or entity,
  147         within a specified timeframe, to remove an arrest
  148         booking photograph after receipt of a written request;
  149         authorizing a person to bring a civil action to enjoin
  150         such publishing of a photograph; authorizing a court
  151         to impose a civil penalty and award attorney fees and
  152         court costs; providing applicability; amending s.
  153         943.0585, F.S.; revising the eligibility requirements
  154         for expunction of criminal history records to include
  155         instances in which a judgment of acquittal or a
  156         verdict of not guilty is rendered; providing an
  157         effective date.