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.
   10  Be It Enacted by the Legislature of the State of Florida:
   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); and
   31         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.