Florida Senate - 2022 SB 778 By Senator Brandes 24-00031-22 2022778__ 1 A bill to be entitled 2 An act relating to fees; amending s. 943.0586, F.S.; 3 requiring applicants for a certificate of eligibility 4 for expunction of certain criminal history records to 5 pay a specified fee to the Department of Law 6 Enforcement for placement in a specified trust fund; 7 providing an exception; providing a contingent 8 effective date. 9 10 Be It Enacted by the Legislature of the State of Florida: 11 12 Section 1. Paragraph (a) of subsection (3) of section 13 943.0586, Florida Statutes, as created by SB ___ or other 14 similar legislation, is amended to read: 15 943.0586 Cannabis expunction.— 16 (3) CERTIFICATE OF ELIGIBILITY.—Before petitioning a court 17 to expunge a criminal history record under this section, a 18 person seeking to expunge a criminal history record must apply 19 to the department for a certificate of eligibility for 20 expunction. The department shall adopt rules to establish 21 procedures for applying for and issuing a certificate of 22 eligibility for expunction. 23 (a) The department shall issue a certificate of eligibility 24 for expunction to a person who is the subject of a criminal 25 history record under this section, if that person: 26 1. Satisfies the eligibility criteria in subsection (2); 27 2. Has submitted to the department a written certified 28 statement from the appropriate state attorney or statewide 29 prosecutor which confirms the criminal history record complies 30 with the criteria in subsection (2);
and31 3. Has submitted to the department a certified copy of the 32 disposition of the charge to which the petition to expunge 33 pertains; and 34 4. Remits a $75 processing fee to the department for 35 placement in the Department of Law Enforcement Operating Trust 36 Fund, unless the executive director waives the fee. 37 Section 2. This act shall take effect on the same date that 38 SB ___ or similar legislation takes effect, if such legislation 39 is adopted in the same legislative session or an extension 40 thereof and becomes a law.