Florida Senate - 2023                              CS for SB 376
       
       
        
       By the Committee on Criminal Justice; and Senators Burgess and
       Perry
       
       
       
       
       591-03476-23                                           2023376c1
    1                        A bill to be entitled                      
    2         An act relating to automatic sealing of criminal
    3         history records and making confidential related court
    4         records; amending s. 943.0595, F.S.; requiring a clerk
    5         of the court to automatically keep confidential court
    6         records related to certain criminal history records
    7         that meet specified criteria; conforming provisions to
    8         changes made by the act; providing an effective date.
    9          
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Section 943.0595, Florida Statutes, is amended
   13  to read:
   14         943.0595 Automatic sealing of criminal history records;
   15  confidentiality of related court records.—
   16         (1) RULEMAKING.—Notwithstanding any law dealing generally
   17  with the preservation and destruction of public records, the
   18  department shall adopt rules addressing the automatic sealing of
   19  any criminal history record of a minor or an adult described in
   20  this section.
   21         (2) ELIGIBILITY.—
   22         (a) The department shall automatically seal a criminal
   23  history record that does not result from an indictment,
   24  information, or other charging document for a forcible felony as
   25  defined in s. 776.08 or for an offense enumerated in s.
   26  943.0435(1)(h)1.a.(I), if:
   27         1. An indictment, information, or other charging document
   28  was not filed or issued in the case giving rise to the criminal
   29  history record.
   30         2. An indictment, information, or other charging document
   31  was filed in the case giving rise to the criminal history
   32  record, but was dismissed or nolle prosequi by the state
   33  attorney or statewide prosecutor or was dismissed by a court of
   34  competent jurisdiction as to all counts. However, a person is
   35  not eligible for automatic sealing under this section if the
   36  dismissal was pursuant to s. 916.145 or s. 985.19.
   37         3. A not guilty verdict was rendered by a judge or jury as
   38  to all counts. However, a person is not eligible for automatic
   39  sealing under this section if the defendant was found not guilty
   40  by reason of insanity.
   41         4. A judgment of acquittal was rendered by a judge as to
   42  all counts.
   43         (b) There is no limitation on the number of times a person
   44  may obtain an automatic sealing for a criminal history record
   45  described in paragraph (a).
   46         (3) PROCESS FOR AND EFFECT OF AUTOMATIC SEALING.—
   47         (a) Upon the disposition of a criminal case resulting in a
   48  criminal history record eligible for automatic sealing under
   49  paragraph (2)(a), the clerk of the court shall transmit a
   50  certified copy of the disposition of the criminal history record
   51  to the department, which shall seal the criminal history record
   52  upon receipt of the certified copy.
   53         (b)The department shall notify the clerk of the court upon
   54  the sealing of the criminal history record as provided in
   55  paragraph (a). Upon such notification, the clerk of the court
   56  must automatically keep confidential the related court record in
   57  the case giving rise to the department’s sealing of the criminal
   58  history record.
   59         (c)(b) Automatic sealing of a criminal history record and
   60  making the related court record confidential does not require
   61  sealing by the court or other criminal justice agencies, or that
   62  such record be surrendered to the court, and such record shall
   63  continue to be maintained by the department and other criminal
   64  justice agencies.
   65         (d)(c) Except as provided in this section, automatic
   66  sealing of a criminal history record and making the related
   67  court record confidential shall have the same effect, and the
   68  department and the clerk of the court may disclose such a record
   69  in the same manner, as a record sealed under s. 943.059.
   70         Section 2. This act shall take effect July 1, 2023.