Florida Senate - 2018 CS for SB 860 By the Committee on Criminal Justice; and Senator Bracy 591-02587-18 2018860c1 1 A bill to be entitled 2 An act relating to criminal history records; creating 3 s. 943.0586, F.S.; requiring the Criminal Justice 4 Information Program to administratively seal the 5 criminal history records of a minor upon notification 6 by the clerk of the court under specified 7 circumstances; providing applicability for the 8 administrative sealing of specified criminal history 9 records; providing a contingent effective date. 10 11 Be It Enacted by the Legislature of the State of Florida: 12 13 Section 1. Section 943.0586, Florida Statutes, is created 14 to read: 15 943.0586 Administrative sealing of criminal history records 16 of minors.— 17 (1) The Criminal Justice Information Program shall 18 administratively seal the criminal history records pertaining to 19 an arrest or incident of alleged criminal activity of a minor 20 charged with a felony, misdemeanor, or violation of a comparable 21 rule or ordinance by a state, county, municipal, or other law 22 enforcement agency upon notification by the clerk of the court, 23 pursuant to s. 943.052(2), that all the charges related to the 24 arrest or incident of alleged criminal activity were declined to 25 be filed by the state attorney or statewide prosecutor, were 26 dismissed or nolle prosequi before trial, or resulted in a 27 judgment of acquittal or a verdict of not guilty at trial and 28 that all appeals by the prosecution have been exhausted or the 29 time to file an appeal has expired. 30 (2) The sealing under this section of a criminal history 31 record has the same effect as a sealing under s. 943.059(4). 32 (3) Sealing granted under this section does not prevent the 33 minor who receives such relief from petitioning for the 34 expunction or sealing of a criminal history record as provided 35 for in ss. 943.0582, 943.0583, 943.0585, and 943.059, if the 36 minor is otherwise eligible under those sections. 37 Section 2. This act shall take effect July 1, 2018, but 38 only if SB 862 or similar legislation takes effect, if such 39 legislation is adopted in the same legislative session or an 40 extension thereof and becomes law.