Florida Senate - 2021                                     SB 468
       By Senator Bracy
       11-00276-21                                            2021468__
    1                        A bill to be entitled                      
    2         An act relating to expunction of criminal history
    3         records relating to certain cannabis offenses;
    4         creating s. 943.0586, F.S.; defining terms;
    5         authorizing certain courts to order criminal justice
    6         agencies to expunge the criminal history record of an
    7         individual with a qualified cannabis offense upon such
    8         individual filing a petition for expunction;
    9         authorizing an individual to petition for expunction
   10         of such criminal history records at any time;
   11         specifying petition requirements; requiring a court,
   12         upon receipt of a petition, to serve the appropriate
   13         state attorney and the arresting agency with a copy of
   14         the petition; providing requirements if the state
   15         attorney or the arresting agency object to the court
   16         granting the petition; requiring the court to grant
   17         the petition if no objection is filed; imposing duties
   18         on the clerk of the court and the arresting agency if
   19         a court grants such a petition; providing
   20         construction; requiring that a criminal justice agency
   21         that has custody of any criminal history record
   22         ordered expunged physically destroy or obliterate the
   23         record; providing for the effect of expunged criminal
   24         history records; prohibiting a court or criminal
   25         justice agency from charging the petitioner fees in
   26         connection with the petition; providing a statement
   27         regarding certain references and the doctrine of
   28         incorporation by reference; providing an effective
   29         date.
   31  Be It Enacted by the Legislature of the State of Florida:
   33         Section 1. Section 943.0586, Florida Statutes, is created
   34  to read:
   35         943.0586Expunction of criminal history records relating to
   36  qualifying cannabis offenses.—
   37         (1) As used in this section, the term:
   38         (a)“Domestic violence” has the same meaning as in s.
   39  741.28. The term includes any crime the underlying factual basis
   40  of which has been found by a court to include an act of domestic
   41  violence and any act of domestic violence between dating
   42  partners as described in s. 784.046(1)(d).
   43         (b)“Qualifying cannabis offense” means one or more
   44  misdemeanor convictions of obtaining, purchasing, or possessing
   45  20 grams or less of cannabis. The term does not include a
   46  misdemeanor conviction of obtaining, purchasing, or possessing
   47  20 grams or less of cannabis if, in connection with such
   48  offense, the individual was found guilty or pled guilty or no
   49  contest to a felony offense, to driving under the influence, or
   50  to an act of domestic violence.
   51         (2) Notwithstanding any other provision of law, upon the
   52  filing of a petition for expunction as provided in this section,
   53  any court in the circuit in which the petitioner was arrested or
   54  in which the petitioner resides may order a criminal justice
   55  agency to expunge the criminal history record of an individual
   56  with a qualifying cannabis offense who complies with the
   57  requirements of this section. A petition need not be filed in
   58  the court where the petitioner’s criminal proceedings in
   59  connection with the offense were conducted.
   60         (3) An individual may petition for the expunction of a
   61  criminal history record resulting from a qualifying cannabis
   62  offense at any time.
   63         (4) Each petition to a court to expunge a qualifying
   64  cannabis offense is complete only when accompanied by:
   65         (a) The petitioner’s sworn statement attesting that the
   66  petitioner is eligible for such an expunction to the best of his
   67  or her knowledge or belief; and
   68         (b) A certified copy of the disposition of any charge to
   69  which the petition to expunge pertains.
   70         (5) Upon a court receiving a petition under this section,
   71  the court shall, as soon as practicable, serve the appropriate
   72  state attorney and the arresting agency with a copy of the
   73  completed petition. The petitioner or the petitioner’s attorney
   74  may appear at any hearing under this section telephonically, via
   75  video conference, or by other electronic means.
   76         (a)If the state attorney or the arresting agency objects
   77  to the court granting the petition, a written objection must be
   78  filed with the court within 10 days after the date on which the
   79  request was received. If such an objection is filed, the court
   80  must hold a hearing on the request. At the hearing, the court
   81  must grant the petition unless the state attorney or the
   82  arresting agency establishes by clear and convincing evidence
   83  that there is good cause not to grant the request.
   84         (b)If the state attorney or the arresting agency does not
   85  file a written objection with the court, the court must grant
   86  the petition.
   87         (c)If the petition is granted by the court, the clerk of
   88  the court shall certify copies of the order to the appropriate
   89  state attorney and the arresting agency. The arresting agency is
   90  responsible for forwarding the order to any other agency listed
   91  in the court order to which the arresting agency disseminated
   92  the criminal history record information covered by the order.
   93  The clerk of the court shall certify a copy of the order to any
   94  other agency that the records of the court reflect received the
   95  criminal history record from the court.
   96         (6)(a) The courts of this state have jurisdiction over
   97  their own procedures, including the maintenance, expunction, and
   98  correction of judicial records containing criminal history
   99  information, to the extent that such procedures are not
  100  inconsistent with the conditions, responsibilities, and duties
  101  established by this section.
  102         (b)Any criminal history record of an individual which is
  103  ordered expunged pursuant to this section must be physically
  104  destroyed or obliterated by any criminal justice agency having
  105  custody of such record.
  106         (c) The individual who is the subject of a criminal history
  107  record that is expunged under this section may lawfully deny or
  108  fail to acknowledge the arrests or convictions covered by the
  109  expunged records.
  110         (d) The individual who has been granted an expunction under
  111  this section may not be held under any law of this state to
  112  commit perjury or to be otherwise liable for giving a false
  113  statement by reason of such individual’s failure to recite or
  114  acknowledge an expunged criminal history record.
  115         (7)A court or criminal justice agency may not charge an
  116  individual a fee to complete a petition under this section or to
  117  obtain the necessary documents to complete a petition under this
  118  section.
  119         (8) Any reference to any other chapter, section, or
  120  subdivision of the Florida Statutes in this section constitutes
  121  a general reference under the doctrine of incorporation by
  122  reference.
  123         Section 2. This act shall take effect July 1, 2021.