Florida Senate - 2023                        COMMITTEE AMENDMENT
       Bill No. CS for SB 504
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: RS            .                                
                  04/13/2023           .                                

       The Appropriations Committee on Criminal and Civil Justice
       (Rodriguez) recommended the following:
    1         Senate Amendment (with title amendment)
    3         Delete lines 38 - 81
    4  and insert:
    5         2.One prior expunction was granted for a criminal history
    6  record for an offense that was committed when he or she was a
    7  minor, and the record is otherwise eligible for expunction. This
    8  subparagraph does not apply if the prior expunction was for an
    9  offense in which the minor was charged as an adult. The
   10  requirement for the record to have previously been sealed for a
   11  minimum of 10 years under paragraph (h) does not apply to this
   12  subparagraph.
   13         (2) CERTIFICATE OF ELIGIBILITY.—Before petitioning a court
   14  to expunge a criminal history record, a person seeking to
   15  expunge a criminal history record must apply to the department
   16  for a certificate of eligibility for expunction. The department
   17  shall adopt rules to establish procedures for applying for and
   18  issuing a certificate of eligibility for expunction.
   19         (a) The department shall issue a certificate of eligibility
   20  for expunction to a person who is the subject of a criminal
   21  history record if that person:
   22         1. Satisfies the eligibility criteria in paragraphs (1)(a)
   23  (h) and is not ineligible under s. 943.0584.
   24         2. Has submitted to the department a written certified
   25  statement from the appropriate state attorney or statewide
   26  prosecutor which confirms the criminal history record complies
   27  with the criteria in paragraph (1)(a) or paragraphs (1)(b) and
   28  (c).
   29         3. Has submitted to the department a certified copy of the
   30  disposition of the charge to which the petition to expunge
   31  pertains.
   32         4. Remits a $75 processing fee to the department for
   33  placement in the Department of Law Enforcement Operating Trust
   34  Fund, unless the executive director waives such fee.
   35         (3) PETITION.—Each petition to expunge a criminal history
   36  record must be accompanied by:
   37         (a) A valid certificate of eligibility issued by the
   38  department.
   39         (b) The petitioner’s sworn statement that he or she:
   40         1. Satisfies the eligibility requirements for expunction in
   41  subsection (1).
   42         2. Is eligible for expunction to the best of his or her
   43  knowledge and does not have any other petition to seal or
   44  expunge a criminal history record pending before any court.
   46  A person who knowingly provides false information on such sworn
   47  statement commits a felony of the third degree, punishable as
   48  provided in s. 775.082, s. 775.083, or s. 775.084.
   49         Section 2. Paragraph (e) of subsection (1) of section
   50  943.059, Florida Statutes, is amended to read:
   51         943.059 Court-ordered sealing of criminal history records.—
   52         (1) ELIGIBILITY.—A person is eligible to petition a court
   53  to seal a criminal history record when:
   54         (e) The person has never secured a prior sealing or
   55  expunction of a criminal history record under this section, s.
   56  943.0585, except s. 943.0585(1)(g)2., former s. 893.14, former
   57  s. 901.33, or former s. 943.058.
   59  ================= T I T L E  A M E N D M E N T ================
   60  And the title is amended as follows:
   61         Delete lines 9 - 12
   62  and insert:
   63         expunction of a criminal history record to allow one
   64         prior expunction of a criminal history record granted
   65         for an offense committed when the person was a minor;
   66         providing applicability; amending s. 943.059, F.S.;
   67         conforming a provision to changes made by the act;
   68         providing an effective date.