Florida Senate - 2024 SB 1290 By Senator Davis 5-01670-24 20241290__ Page 1 of 4 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1

An act relating to court-ordered sealing of criminal 2 history records; reenacting and amending s. 943.059, 3 F.S.; revising eligibility criteria for criminal 4 record sealing; providing for additional record 5 sealings; providing an effective date. 6 7 Be It Enacted by the Legislature of the State of Florida: 8 9

Section 1. Subsection (1) of

section 943.059, Florida 10 Statutes, is amended, and paragraph (

a) of subsection (2) and 11 paragraph (

b) of subsection (3) of that

section are reenacted, 12 to read: 13 943.059 Court-ordered sealing of criminal history records.— 14

(1) ELIGIBILITY.—A person is eligible to petition a court 15 to seal a criminal history record when: 16 (

a) The criminal history record is not ineligible for 17 court-ordered sealing under s. 943.0584. 18 (

b) The criminal history record for which the person seeks 19 a court-ordered sealing was: 20 1. A record for which the person has not been adjudicated 21 guilty of, or adjudicated delinquent for committing, any of the 22 acts stemming from the arrest or alleged criminal activity to 23 which the petition to seal pertains; or 24 2.

A misdemeanor record for which the person was 25 adjudicated guilty, if the misdemeanor was not a violent 26 misdemeanor; a misdemeanor crime of domestic violence, as 27 defined in s. 741.28; or a misdemeanor under s. 741.29, s. 28 741.31, s. 784.046, s. 784.047, s. 784.048, s. 784.0487, or s. 29 Florida Senate - 2024 SB 1290 5-01670-24 20241290__ Page 2 of 4 CODING: Words stricken are deletions; words underlined are additions. 784.049. 30 (c)(

b) The person has never, before the date the 31 application for a certificate of eligibility is filed, been 32 adjudicated guilty in this state of a criminal offense, or been 33 adjudicated delinquent in this state for committing any offense 34 listed in s. 943.0584 felony or any of the following misdemeanor 35 offenses, unless the record of such adjudication of delinquency 36 has been expunged pursuant to s. 943.0515: 37 1. Assault, as defined in s. 784.011; 38 2. Battery, as defined in s. 784.03; 39 3.

Assault on a law enforcement officer, a firefighter, or 40 other specified officers, as defined in s. 784.07(2)(a); 41 4. Carrying a concealed weapon, as defined in s. 790.01(2); 42 5. Open carrying of a weapon, as defined in s. 790.053; 43 6. Unlawful possession or discharge of a weapon or firearm 44 at a school-sponsored event or on school property, as defined in 45 s. 790.115; 46 7. Unlawful use of destructive devices or bombs, as defined 47 in s. 790.1615(1); 48 8. Unlawful possession of a firearm by a minor, as defined 49 in s. 790.22(5); 50 9. Exposure of sexual organs, as defined in s. 800.03; 51 10.

Arson, as defined in s. 806.031(1); 52 11. Petit theft, as defined in s. 812.014(3); 53 12. Neglect of a child, as defined in s. 827.03(1)(e); or 54 13. Cruelty to animals, as defined in s. 828.12(1). 55 (

c) The person has not been adjudicated guilty of, or 56 adjudicated delinquent for committing, any of the acts stemming 57 from the arrest or alleged criminal activity to which the 58 Florida Senate - 2024 SB 1290 5-01670-24 20241290__ Page 3 of 4 CODING: Words stricken are deletions; words underlined are additions. petition to seal pertains. 59 (

d) The person is no longer serving the sentence or under 60 court supervision applicable to the disposition of arrest or 61 alleged criminal activity to which the petition to seal 62 pertains. 63 (

e) The person has not never secured more than two a prior 64 sealings or expunctions sealing or expunction of a criminal 65 history record under this section, s. 943.0585, former s. 66 893.14, former s. 901.33, or former s. 943.058. In addition, if 67 the criminal history record is one for which the person was 68 adjudicated guilty, the person cannot have previously secured a 69 sealing of a criminal history record for which the person was 70 adjudicated guilty. 71

(2) CERTIFICATE OF ELIGIBILITY.—Before petitioning the 72 court to seal a criminal history record, a person seeking to 73 seal a criminal history record must apply to the department for 74 a certificate of eligibility for sealing. The department shall 75 adopt rules relating to the application for and issuance of 76 certificates of eligibility for sealing. 77 (

a) The department shall issue a certificate of eligibility 78 for sealing to a person who is the subject of a criminal history 79 record if that person: 80 1. Satisfies the eligibility criteria in paragraphs (1)(a)-81 (

e) and is not ineligible for court-ordered sealing under s. 82 943.0584. 83 2. Has submitted to the department a certified copy of the 84 disposition of charge to which the petition pertains. 85 3. Remits a $75 processing fee to the department for 86 placement in the Department of Law Enforcement Operating Trust 87 Florida Senate - 2024 SB 1290 5-01670-24 20241290__ Page 4 of 4 CODING: Words stricken are deletions; words underlined are additions. Fund, unless the executive director waives such fee. 88

(3) PETITION.—Each petition to a court to seal a criminal 89 history record is complete only when accompanied by: 90 (

b) The petitioner’s sworn statement that the petitioner: 91 1. Satisfies the eligibility requirements for sealing in 92 subsection (1). 93 2. Is eligible for sealing to the best of his or her 94 knowledge and does not have any other petition to seal or 95 expunge a criminal history record pending before any court. 96 97 Any person who knowingly provides false information on such 98 sworn statement to the court commits a felony of the third 99 degree, punishable as provided in s. 775.082, s. 775.083, or s. 100 775.084. 101

Section 2. This act shall take effect July 1, 2024. 102