Florida Senate - 2025 SB 1026 By Senator Davis 5-00577-25 20251026__ Page 1 of 4 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1

An act relating to expunction of qualifying marijuana 2 offenses; creating s. 943.0579, F.S.; defining the 3 term “qualifying marijuana offense”; requiring the 4 Department of Law Enforcement to issue certificates of 5 eligibility for expunction of qualifying marijuana 6 offenses; providing requirements for the department; 7 specifying requirements for a petition for expunction; 8 providing criminal penalties for providing false 9 information on a certain sworn statement; specifying 10 the process for a petition to expunge qualifying 11 marijuana offenses; requiring the department to adopt 12 rules; providing an effective date. 13 14 Be It Enacted by the Legislature of the State of Florida: 15 16

Section

Section 943.0579, Florida Statutes, is created 17 to read: 18 943.0579 Expunction of a qualifying marijuana offense.— 19

(1) DEFINITION.—As used in this section, the term 20 “qualifying marijuana offense” means one or more violations of 21 any of the following offenses that an individual committed 22 before July 1, 2025: 23 (

a) Section 893.13, involving the possession of 2 ounces or 24 less of cannabis as defined in s. 893.02. 25 (

b) Section 893.147, involving the possession of drug 26 paraphernalia that meets the definition of marijuana delivery 27 device in s. 381.986(1). 28

(2) CERTIFICATE OF ELIGIBILITY.—Notwithstanding the 29 Florida Senate - 2025 SB 1026 5-00577-25 20251026__ Page 2 of 4 CODING: Words stricken are deletions; words underlined are additions. eligibility requirements of s. 943.0585(1) and (2), the 30 department shall issue a certificate of eligibility for 31 expunction under this

section to a person who is the subject of 32 a criminal history record resulting from the arrest, filing of 33 charges, or conviction for a qualifying marijuana offense. In 34 accepting, processing, and approving a petition for a 35 certificate of eligibility for expunction under this section, 36 the department: 37 (

a) May not require a fee from the petitioner. 38 (

b) Shall create and administer a system: 39 1. That allows a petitioner to electronically transmit 40 their petition and any attachment, including the petitioner’s 41 fingerprints and a copy of the disposition of the arrest or 42 charge; and 43 2. That electronically transmits a certificate of 44 eligibility for expunction to the petitioner. 45

(3) PETITION.— 46 (

a) Each petition to expunge a criminal history record 47 pursuant to this

section must be accompanied by the petitioner’s 48 sworn statement attesting that the petitioner is eligible for 49 such an expunction to the best of his or her knowledge or 50 belief. A person who knowingly provides false information on 51 such sworn statement to the court commits a felony of the third 52 degree, punishable as provided in s. 775.082, s. 775.083, or s. 53 775.084. 54 (

b) This

section does not confer any right to the 55 expunction of a criminal history record, and any request for 56 expunction of a criminal history record may be denied at the 57 discretion of the court. 58 Florida Senate - 2025 SB 1026 5-00577-25 20251026__ Page 3 of 4 CODING: Words stricken are deletions; words underlined are additions.

(4) PROCESSING OF A PETITION OR AN ORDER.— 59 (

a) In judicial proceedings under this section, a copy of 60 the completed petition to expunge must be served upon the 61 appropriate state attorney or the statewide prosecutor and upon 62 the arresting agency; however, it is not necessary to make any 63 agency other than the state a party. The appropriate state 64 attorney or the statewide prosecutor and the arresting agency 65 may respond to the court regarding the completed petition to 66 expunge. 67 (

b) The court shall grant relief to a petitioner who meets 68 the requirements of this section, and, upon the granting of 69 relief, the clerk of the court shall certify copies of the order 70 to the appropriate state attorney or the statewide prosecutor 71 and the arresting agency. The arresting agency shall forward the 72 order to any other agency to which the arresting agency 73 disseminated the criminal history record and to which the order 74 pertains. The department shall forward the order to expunge to 75 the Federal Bureau of Investigation.

The clerk of the court 76 shall certify a copy of the order to any other agency for which 77 the records of the court reflect has received the criminal 78 history record. 79 (

c) The department or any other criminal justice agency is 80 not required to act on an order to expunge entered by a court 81 when such order does not comply with the requirements of this 82 section. Upon receipt of such an order, the department must 83 notify the issuing court, the appropriate state attorney or 84 statewide prosecutor, the petitioner or the petitioner’s 85 attorney, and the arresting agency of the reason for 86 noncompliance.

The appropriate state attorney or statewide 87 Florida Senate - 2025 SB 1026 5-00577-25 20251026__ Page 4 of 4 CODING: Words stricken are deletions; words underlined are additions. prosecutor shall take action within 60 days after receipt of 88 such an order to correct the record and petition the court to 89 void the order. No cause of action, including contempt of court, 90 shall arise against any criminal justice agency for failure to 91 comply with an order to expunge when the petitioner for such 92 order failed to obtain the certificate of eligibility as 93 required by this

section or when such order does not otherwise 94 comply with the requirements of this section. 95

(5) RULEMAKING.—The department shall adopt rules to 96 implement this section. 97

Section 2. This act shall take effect July 1, 2025. 98