Florida Senate - 2023 SB 376 By Senator Burgess 23-00216A-23 2023376__ Page 1 of 2 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1

An act relating to automatic sealing of criminal 2 history records; amending s. 943.0595, F.S.; requiring 3 a court to automatically seal certain criminal history 4 records that meet specified criteria; requiring the 5 clerk of the court to seal certain criminal history 6 records; conforming provisions to changes made by the 7 act; providing an effective date. 8 9 Be It Enacted by the Legislature of the State of Florida: 10 11

Section 1. Subsections (2) and (3) of

section 943.0595, 12 Florida Statutes, are amended to read: 13 943.0595 Automatic sealing of criminal history records.— 14

(2) ELIGIBILITY.— 15 (

a) The department and a court shall automatically seal a 16 criminal history record that does not result from an indictment, 17 information, or other charging document for a forcible felony as 18 defined in s. 776.08 or for an offense enumerated in s. 19 943.0435(1)(h)1.a.(I), if: 20 1. An indictment, information, or other charging document 21 was not filed or issued in the case giving rise to the criminal 22 history record. 23 2.

An indictment, information, or other charging document 24 was filed in the case giving rise to the criminal history 25 record, but was dismissed or nolle prosequi by the state 26 attorney or statewide prosecutor or was dismissed by a court of 27 competent jurisdiction. However, a person is not eligible for 28 automatic sealing under this

section if the dismissal was 29 Florida Senate - 2023 SB 376 23-00216A-23 2023376__ Page 2 of 2 CODING: Words stricken are deletions; words underlined are additions. pursuant to s. 916.145 or s. 985.19. 30 3. A not guilty verdict was rendered by a judge or jury. 31 However, a person is not eligible for automatic sealing under 32 this

section if the defendant was found not guilty by reason of 33 insanity. 34 4. A judgment of acquittal was rendered by a judge. 35 (

b) There is no limitation on the number of times a person 36 may obtain an automatic sealing for a criminal history record 37 described in paragraph (a). 38

(3) PROCESS FOR AND EFFECT OF AUTOMATIC SEALING.— 39 (

a) Upon the disposition of a criminal case resulting in a 40 criminal history record eligible for automatic sealing under 41 paragraph (2)(a), the clerk of the court shall seal the criminal 42 history record and shall transmit a certified copy of the 43 disposition of the criminal history record to the department, 44 which shall seal the criminal history record upon receipt of the 45 certified copy. 46 (

b) Automatic sealing of a criminal history record does not 47 require sealing by the court or other criminal justice agencies, 48 or that such record be surrendered to the court, and such record 49 shall continue to be maintained by the department and other 50 criminal justice agencies. 51 (

c) Except as provided in this section, automatic sealing 52 of a criminal history record shall have the same effect, and the 53 department and a court may disclose such a record in the same 54 manner, as a record sealed under s. 943.059. 55

Section 2. This act shall take effect July 1, 2023. 56