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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to collateral consequences and 2
penalties for criminal offenses; providing a short 3
title and legislative intent; adopting the Uniform 4
Collateral Consequences of Convictions Act; providing 5
a short title; providing definitions; providing 6
construction; providing duties of the Department of 7
Legal Affairs concerning certain laws; providing for 8
collateral consequences of criminal convictions; 9
requiring that certain notices be provided to criminal 10
defendants; specifying criteria to be used by 11
decisionmakers; imposing disqualifications on persons 12
convicted of criminal offenses; providing for effects 13
of convictions from other states; providing for 14
relief; providing for certificates of restoration of 15
rights; providing for construction of and reliance on 16
such certificates; providing for victim's rights; 17
providing applicability; amending s. 893.13, F.S.; 18
revising restrictions of possession and sale of 19
cannabis; amending s. 893.147, F.S.; revising 20
penalties for offenses involving cannabis 21
paraphernalia; creating s. 943.0596, F.S.; providing 22
for automatic sealing of certain convictions for minor 23
cannabis offenses; providing procedures; providing a 24
timetable; providing a directive to the Division of 25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
Law Revision; providing Legislative intent; requiring 26
a report; providing an effective date. 27
28
Be It Enacted by the Legislature of the State of Florida: 29
30
Section 1. SHORT TITLE; LEGISLATIVE INTENT. — 31
Short title. 32
(1) This act may be cited as the "Collateral Consequences 33
of Convictions and Decriminalization o f Cannabis and All Drugs 34
Act." 35
(2) In the interest of the health and public safety of the 36
residents of Florida, preserving individual freedoms without 37
sacrificing community costs, allowing law enforcement to focus 38
resources on violent and property crimes , generating revenue for 39
education, substance abuse prevention and treatment, freeing 40
public resources to invest in communities and other public 41
purposes rather than continuing to overburden prisons with a 42
population that needs medical attention, seeking c orrective 43
equity on the impact of the "war on drugs," and identifying real 44
people-centered solutions to various drugs crises like the 45
opioid epidemic, the Legislature is prioritizing treatment and 46
safety in an effort to preserve lives rather than discard t hem 47
through criminalization and incarceration. 48
Section 2. Uniform Collateral Consequences of Convictions 49
Act.— 50
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(1) SHORT TITLE.—This section may be cited as the "Uniform 51
Collateral Consequences of Conviction Act." 52
(2) DEFINITIONS.—As used in this section, the term: 53
(a) "Collateral consequence" means a collateral sanction 54
or a disqualification. 55
(b) "Collateral sanction" means a penalty, disability, or 56
disadvantage, however denominated or imposed on an individual as 57
a result of the individual's c onviction of an offense which 58
applies by operation of law whether or not the penalty, 59
disability, or disadvantage is included in the judgment or 60
sentence. The term does not include imprisonment, probation, 61
parole, supervised release, forfeiture, restitutio n, fine, 62
assessment, or costs of prosecution. 63
(c) "Conviction" and "convicted" includes an adjudication 64
of juvenile delinquency which has a corresponding meaning. 65
(d) "Decisionmaker" means the state acting through a 66
department, agency, officer, or inst rumentality, including a 67
political subdivision, educational institution, board, or 68
commission or its employees. 69
(e) "Disqualification" means a penalty, disability, or 70
disadvantage, however denominated, that an administrative 71
agency, governmental official , or court in a civil proceeding is 72
authorized, but not required, to impose on an individual on 73
grounds relating to the individual's conviction of an offense. 74
(f) "Offense" means a felony, misdemeanor, or finding of 75
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
delinquency under the law of this state, another state, or the 76
United States. 77
(g) "Person" means an individual, corporation, business 78
trust, estate, trust, partnership, limited liability company, 79
association, joint venture, public corporation, governmen t or 80
governmental subdivision, agency, or instrumentality, or any 81
other legal or commercial entity. 82
(h) "State" means a state of the United States, the 83
District of Columbia, Puerto Rico, the United States Virgin 84
Islands, or any territory or insular posse ssion subject to the 85
jurisdiction of the United States. 86
(3) LIMITATION ON SCOPE. — 87
(a) This section does not provide a basis for: 88
1. Invalidating a plea, conviction, or sentence; 89
2. A cause of action for money damages; or 90
3. A claim for relief fr om or defense to the application 91
of a collateral consequence based on a failure to comply with 92
subsection (4), subsection (5), or subsection (6). 93
(b) This section does not affect: 94
1. The duty an individual's attorney owes to the 95
individual; 96
2. A claim or right of a victim of an offense; or 97
3. A right or remedy under law other than this section 98
available to an individual convicted of an offense. 99
(4) IDENTIFICATION, COLLECTION, AND PUBLICATION OF LAWS 100
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REGARDING COLLATERAL CONSEQUENCES. — 101
(a) The Department of Legal Affairs: 102
1. Shall identify or cause to be identified any provision 103
in this state's constitution, statutes, and administrative rules 104
which imposes a collateral sanction or authorizes the imposition 105
of a disqualification, and a ny provision of law that may afford 106
relief from a collateral consequence. 107
2. Not later than 180 days after the effective date of 108
this section, shall prepare or cause to be prepared a collection 109
of citations to, and the text or short descriptions of, the 110
provisions identified under subparagraph 1. 111
3. Shall update or cause to be updated the collection 112
within 90 days after each regular session of the Legislature. 113
4. In complying with subparagraphs 1. and 2., may rely on 114
the study of this state's collater al sanctions, 115
disqualifications, and relief provisions prepared by the 116
National Institute of Justice described in Section 510 of the 117
Court Security Improvement Act of 2007, Pub. L. 110 -177. 118
(b) The Department of Legal Affairs shall include or cause 119
to be included the following statements in a prominent manner at 120
the beginning of the collection required by paragraph (a): 121
1. This collection has not been enacted into law and does 122
not have the force of law. 123
2. An error or omission in this collection or in any 124
reference work cited in this collection is not a reason for 125
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invalidating a plea, conviction, or sentence or for not imposing 126
a collateral sanction or authorizing a disqualification. 127
3. The laws of other jurisdictions and government 128
subdivisions that impose additional collateral sanctions and 129
authorize additional disqualifications are not included in this 130
collection. 131
4. This collection does not include any law or other 132
provision regarding the imposition of or relief from a 133
collateral sanction or a disqualification enacted or adopted 134
after [insert date the collection was prepared or last updated]. 135
(c) The Department of Legal Affairs shall publish or cause 136
to be published the collection prepared and updated as required 137
by paragraph (a). If available , the department shall publish or 138
cause to be published, as part of the collection, the title and 139
website address of the most recent collection of: 140
1. The collateral consequences imposed by federal law. 141
2. Any provision of federal law that may afford relief 142
from a collateral consequence. 143
(d) The collection described in paragraph (c) must be 144
available to the public on the Internet without charge not later 145
than 10 days after it is created or updated. 146
(5) NOTICE OF COLLATERAL CONSEQUENCES IN PRETRIA L 147
PROCEEDING AND AT GUILTY PLEA. — 148
(a) When an individual receives formal notice that the 149
individual is charged with an offense, the state attorney shall 150
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cause information substantially similar to the following to be 151
communicated to the individual: 152
153
NOTICE OF ADDITIONAL LEGAL CONSEQUENCES 154
155
If you plead guilty or are convicted of an offense you may 156
suffer additional legal consequences beyond jail or prison, 157
probation, periods of supervision, and fines. These 158
consequences may include: 159
• The inability to get or keep some licenses, permits, or 160
jobs. 161
• The inability to get or keep benefits such as public 162
housing or education. 163
• Receiving a harsher sentence if you are convicted of 164
another offense in the future. 165
• Having the government take your property. 166
• The inability to vote or possess a firearm. 167
168
If you are not a United States citizen, a guilty plea or 169
conviction may also result in your deportation, removal, 170
exclusion from admission to the United States, or denial of 171
citizenship. 172
173
The law may provide way s to obtain some relief from these 174
consequences. 175
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176
Further information about the consequences of conviction is 177
available on the Internet at [insert website address of the 178
collection of laws published under paragraphs 4(c) and 179
(d)]. 180
181
(b) Before the court accepts a plea of guilty or nolo 182
contendre from an individual, the court must confirm that the 183
individual received and understands the notice required by 184
paragraph (a) and had an opportunity to discuss the notice with 185
counsel. 186
(6) NOTICE OF COLLATERAL CO NSEQUENCES AT SENTENCING AND 187
UPON RELEASE.— 188
(a) An individual convicted of an offense shall be given 189
notice, as provided in paragraphs (b) and (c) of: 190
1. Collateral consequences that may apply because of the 191
conviction. 192
2. The website address of the collection of laws published 193
under paragraph 4(c). 194
3. Ways that may be available to obtain relief from 195
collateral consequences. 196
4. Contact information for government or nonprofit 197
agencies, groups, or organizations, if any, offering assistance 198
to individuals seeking relief from collateral consequences. 199
5. When an individual convicted of an offense may vote 200
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
under this state's law. 201
(b) The state attorney shall provide the notice in 202
paragraph (a) as a part of sentencing. 203
(c) If an individual is senten ced to imprisonment or other 204
incarceration, the officer or agency releasing the individual 205
shall provide the notice in paragraph (a) not more than 30 days, 206
and, if practicable, at least 10 days before release. 207
(7) AUTHORIZATION REQUIRED FOR COLLATERAL SA NCTION; 208
AMBIGUITY.— 209
(a) A collateral sanction may be imposed only by statute 210
or ordinance, or by a rule authorized by law and adopted in 211
accordance with chapter 120. 212
(b) A law creating a collateral consequence that is 213
ambiguous as to whether it imposes a collateral sanction or 214
authorizes a disqualification must be construed as authorizing a 215
disqualification. 216
(8) DECISION TO DISQUALIFY. —In deciding whether to impose 217
a disqualification, a decisionmaker shall undertake an 218
individualized assessment to det ermine whether the benefit or 219
opportunity at issue should be denied the individual. In making 220
that decision, the decisionmaker may consider, if substantially 221
related to the benefit or opportunity at issue, the particular 222
facts and circumstances involved in the offense and the 223
essential elements of the offense. A conviction itself may not 224
be considered except as having established the elements of the 225
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
offense. The decisionmaker shall also consider other relevant 226
information, including the effect on third part ies of granting 227
the benefit or opportunity and whether the individual has been 228
granted relief such as an order of limited relief or a 229
certificate of restoration of rights. 230
(9) EFFECT OF CONVICTION BY ANOTHER STATE OR THE UNITED 231
STATES; RELIEVED OR PARDON ED CONVICTION.— 232
(a) For purposes of authorizing or imposing a collateral 233
consequence in this state, a conviction of an offense in a court 234
of another state or the United States is deemed a conviction of 235
the offense in this state with the same elements. If there is no 236
offense in this state with the same elements, the conviction is 237
deemed a conviction of the most serious offense in this state 238
which is established by the elements of the offense. A 239
misdemeanor in the jurisdiction of conviction may not be deeme d 240
a felony in this state, and an offense lesser than a misdemeanor 241
in the jurisdiction of conviction may not be deemed a conviction 242
of a felony or misdemeanor in this state. 243
(b) For purposes of authorizing or imposing a collateral 244
consequence in this sta te, a juvenile adjudication in another 245
state or the United States may not be deemed a conviction of a 246
felony, misdemeanor, or offense lesser than a misdemeanor in 247
this state, but may be deemed a juvenile adjudication for the 248
delinquent act in this state wi th the same elements. If there is 249
no delinquent act in this state with the same elements, the 250
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juvenile adjudication is deemed an adjudication of the most 251
serious delinquent act in this state which is established by the 252
elements of the offense. 253
(c) A conviction that is reversed, overturned, or 254
otherwise vacated by a court of competent jurisdiction of this 255
state, another state, or the United States on grounds other than 256
rehabilitation or good behavior may not serve as the basis for 257
authorizing or imposi ng a collateral consequence in this state. 258
(d) A pardon issued by another state or the United States 259
has the same effect for purposes of authorizing, imposing, and 260
relieving a collateral consequence in this state as it has in 261
the issuing jurisdiction. 262
(e) A conviction that has been relieved by expungement, 263
sealing, annulment, set aside, or vacation by a court of 264
competent jurisdiction of another state or the United States on 265
grounds of rehabilitation or good behavior, or for which civil 266
rights are restored pursuant to statute, has the same effect for 267
purposes of authorizing or imposing collateral consequences in 268
this state as it has in the jurisdiction of conviction. However, 269
such relief or restoration of civil rights does not relieve 270
collateral consequences applicable under the law of this state 271
for which relief could not be granted under subsection (12) or 272
for which relief was expressly withheld by the court order or by 273
the law of the jurisdiction that relieved the conviction. An 274
individual convicted in another jurisdiction may seek relief 275
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under subsection (10) or subsection (11) from any collateral 276
consequence for which relief was not granted in the issuing 277
jurisdiction, other than those listed in subsection (12), and 278
the Board of Executive Clemency sha ll consider that the 279
conviction was relieved or civil rights restored in deciding 280
whether to issue an order of limited relief or certificate of 281
restoration of rights. 282
(f) A charge or prosecution in any jurisdiction which has 283
been finally terminated witho ut a conviction and imposition of 284
sentence based on participation in a deferred adjudication or 285
diversion program may not serve as the basis for authorizing or 286
imposing a collateral consequence in this state. This subsection 287
does not affect the validity of any restriction or condition 288
imposed by law as part of participation in the deferred 289
adjudication or diversion program, before or after the 290
termination of the charge or prosecution. 291
(10) ORDER OF LIMITED RELIEF. — 292
(a) An individual convicted of an offe nse may petition for 293
an order of limited relief from one or more collateral sanctions 294
related to employment, education, housing, public benefits, or 295
occupational licensing. The petition may be presented to the: 296
1. Sentencing court at or before sentencin g; or 297
2. Board of Executive Clemency at any time after 298
sentencing. 299
(b) Except as otherwise provided in subsection (12), the 300
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court or the Board of Executive Clemency may issue an order of 301
limited relief relieving one or more of the collateral sanctions 302
described in paragraph (a) if, after reviewing the petition, the 303
individual's criminal history, any filing by a victim under 304
subsection (15) or a prosecutor, and any other relevant 305
evidence, it finds the individual has established by a 306
preponderance of the evidence that: 307
1. Granting the petition will materially assist the 308
individual in obtaining or maintaining employment, education, 309
housing, public benefits, or occupational licensing. 310
2. The individual has substantial need for the relief 311
requested in order to live a law-abiding life. 312
3. Granting the petition would not pose an unreasonable 313
risk to the safety or welfare of the public or any individual. 314
(c) The order of limited relief must specify: 315
1. The collateral sanction from which relief is gran ted. 316
2. Any restriction imposed pursuant to paragraph (13)(a). 317
(d) An order of limited relief relieves a collateral 318
sanction to the extent provided in the order. 319
(e) If a collateral sanction has been relieved pursuant to 320
this section, a decisionmak er may consider the conduct 321
underlying a conviction as provided in subsection (8). 322
(11) CERTIFICATE OF RESTORATION OF RIGHTS. — 323
(a) An individual convicted of an offense may petition the 324
Board of Executive Clemency for a certificate of restoration of 325
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
rights relieving collateral sanctions not sooner than 5 years 326
after the individual's most recent conviction of a felony or 327
misdemeanor in any jurisdiction, or not sooner than 5 years 328
after the individual's release from confinement pursuant to a 329
criminal sentence in any jurisdiction, whichever is later. 330
(b) Except as otherwise provided in subsection (12), the 331
Board of Executive Clemency may issue a certificate of 332
restoration of rights if, after reviewing the petition, the 333
individual's criminal history, any filing by a victim under 334
subsection (15) or a prosecutor, and any other relevant 335
evidence, the board finds the individual has established by a 336
preponderance of the evidence that: 337
1. The individual is engaged in, or seeking to engage in, 338
a lawful occupation or activity, including employment, training, 339
education, or rehabilitative programs, or the individual 340
otherwise has a lawful source of support. 341
2. The individual is not in violation of the terms of any 342
criminal sentence, or that any failure to comp ly is justified, 343
excused, involuntary, or insubstantial. 344
3. A criminal charge is not pending against the 345
individual. 346
4. Granting the petition would not pose an unreasonable 347
risk to the safety or welfare of the public or any individual. 348
(c) A certificate of restoration of rights must specify 349
any restriction imposed and collateral sanction from which 350
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relief has not been granted under paragraph (13)(a). 351
(d) A certificate of restoration of rights relieves all 352
collateral sanctions, except those listed in subsection (12) and 353
any others specifically excluded in the certificate. 354
(e) If a collateral sanction has been relieved pursuant to 355
this subsection, a decisionmaker may consider the conduct 356
underlying a conviction as provided in subsec tion (8). 357
(12) COLLATERAL SANCTIONS NOT SUBJECT TO ORDER OF LIMITED 358
RELIEF OR CERTIFICATE OF RESTORATION OF RIGHTS. —An order of 359
limited relief or certificate of restoration of rights may not 360
be issued to relieve the following collateral sanctions: 361
(a) Requirements imposed by s. 775.021 or s. 943.0435; 362
(b) A motor vehicle license suspension, revocation, 363
limitation, or ineligibility pursuant to s. 316.193 or s. 364
322.27, for which restoration or relief is available pursuant to 365
s. 322.271; or 366
(c) Ineligibility for employment pursuant to general law. 367
(13) ISSUANCE, MODIFICATION, AND REVOCATION OF ORDER OF 368
LIMITED RELIEF AND CERTIFICATE OF RESTORATION OF RIGHTS. — 369
(a) When a petition is filed under subsection (10) or 370
subsection (11), including a pe tition for enlargement of an 371
existing order of limited relief or certificate of restoration 372
of rights, the Board of Executive Clemency shall notify the 373
office that prosecuted the offense giving rise to the collateral 374
consequence from which relief is sought and, if the conviction 375
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was not obtained in a court of this state, the Attorney General 376
of this state. The court may issue an order and the Board of 377
Executive Clemency may issue an order or certificate subject to 378
restriction, condition, or additional requi rement. When issuing, 379
denying, modifying, or revoking an order or certificate, the 380
Board of Executive Clemency may impose conditions for 381
reapplication. 382
(b) The Board of Executive Clemency may restrict or revoke 383
an order of limited relief or certificate of restoration of 384
rights it issued or an order of limited relief issued by a court 385
in this state if it finds just cause by a preponderance of the 386
evidence. Just cause includes subsequent conviction of a felony 387
in this state or of an offense in another jurisd iction that is 388
deemed a felony in this state under paragraph (9)(a). An order 389
of restriction or revocation may be issued: 390
1. On motion of the Board of Executive Clemency, the 391
office of the prosecutor that obtained the conviction, or a 392
government agency designated by that prosecutor. 393
2. After notice to the individual and any prosecutor that 394
has appeared in the matter. 395
3. After a hearing under the chapter 120 if requested by 396
the individual or the prosecutor that made the motion or any 397
prosecutor that has appeared in the matter. 398
(c) The court or Board of Executive Clemency shall order 399
any test, report, investigation, or disclosure by the individual 400
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it reasonably believes necessary to its decision to issue, 401
modify, or revoke an order of limited relief or certificate of 402
restoration of rights. If there are material disputed issues of 403
fact or law, the individual and any prosecutor notified under 404
paragraph (a) or another prosecutorial agency designated by a 405
prosecutor notified under paragraph (a) may submi t evidence and 406
be heard on those issues. 407
(d) The Board of Executive Clemency shall maintain a 408
public record of the issuance, modification, and revocation of 409
orders of limited relief and certificates of restoration of 410
rights. The criminal history record system of the Department of 411
Law Enforcement must include issuance, modification, and 412
revocation of orders and certificates. 413
(e) The Board of Executive Clemency may adopt rules for 414
application, determination, modification, and revocation of 415
orders of limited relief and certificates of restoration of 416
rights. 417
(14) RELIANCE ON ORDER OR CERTIFICATE AS EVIDENCE OF DUE 418
CARE.—In a judicial or administrative proceeding alleging 419
negligence or other fault, an order of limited relief or a 420
certificate of restoratio n of rights may be introduced as 421
evidence of a person's due care in hiring, retaining, licensing, 422
leasing to, admitting to a school or program, or otherwise 423
transacting business or engaging in activity with the individual 424
to whom the order was issued, if t he person knew of the order or 425
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certificate at the time of the alleged negligence or other 426
fault. 427
(15) VICTIM'S RIGHTS. —A victim of an offense may 428
participate in a proceeding for issuance, modification, or 429
revocation of an order of limited relief or a cer tificate of 430
restoration of rights in the same manner as at a sentencing 431
proceeding. 432
(16) APPLICABILITY AND CONSTRUCTION. — 433
(a) In applying and construing this uniform act, 434
consideration must be given to the need to promote uniformity of 435
the law with respect to its subject matter among states that 436
enact it. 437
(b) This section applies to collateral consequences 438
whenever enacted or imposed, unless the law creating the 439
collateral consequence expressly states that this section does 440
not apply. 441
(c) This section does not invalidate the imposition of a 442
collateral sanction on an individual before the effective date 443
of this section, but a collateral sanction validly imposed 444
before the effective date of this section may be the subject of 445
relief under this section. 446
Section 3. Subsection (3) and paragraph (b) of subsection 447
(6) of section 893.13, Florida Statutes, are amended to read: 448
893.13 Prohibited acts; penalties. — 449
(3) A person who delivers, without consideration, one 450
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ounce 20 grams or less of cannabis, as defined in this chapter, 451
commits a noncriminal violation misdemeanor of the first degree , 452
punishable by a fine of $50 as provided in s. 775.082 or s. 453
775.083. As used in this subsection, the term "cannabis" does 454
not include the resin extracted from the plants of the genus 455
Cannabis or any compound manufacture, salt, derivative, mixture, 456
or preparation of such resin. 457
(6) 458
(b) If the offense is the possession of one ounce 20 grams 459
or less of cannabis, as defined in this chapter, the person 460
commits a noncriminal violation misdemeanor of the first degree , 461
punishable by a fine of $50 as provided in s. 775.082 or s. 462
775.083. As used in this subsection, the term "cannabis" does 463
not include the resin extracted from the plants of the genus 464
Cannabis, or any compound manufacture, salt, derivative, 465
mixture, or preparation of such resin. 466
Section 4. Subsection (1) of section 893.147, Florida 467
Statutes, is amended to read: 468
893.147 Use, possession, manufacture, delivery, 469
transportation, adverti sement, or retail sale of drug 470
paraphernalia, specified machines, and materials. — 471
(1)(a) USE OR POSSESSION OF DRUG PARAPHERNALIA. —It is 472
unlawful for any person to use, or to possess with intent to 473
use, drug paraphernalia: 474
1.(a) To plant, propagate, cultivate, grow, harvest, 475
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manufacture, compound, convert, produce, process, prepare, test, 476
analyze, pack, repack, store, contain, or conceal a controlled 477
substance in violation of this chapter; or 478
2.(b) To inject, ingest, inhale, o r otherwise introduce 479
into the human body a controlled substance in violation of this 480
chapter. 481
(b) Any person who violates this subsection commits: is 482
guilty of 483
1. A noncriminal violation, punishable by a fine of $500 484
for a violation involving parapher nalia used exclusively for 485
personal use and consumption of cannabis as it relates to 486
storing, preparing, containing, or concealing . 487
2. A misdemeanor of the first degree, punishable as 488
provided in s. 775.082 or s. 775.083 for any other violation of 489
this subsection. 490
Section 5. Section 943.0596, Florida Statutes, is created 491
to read: 492
943.0596 Automatic sealing of records for minor cannabis 493
offenses.— 494
(1) RULEMAKING.—Notwithstanding any law dealing generally 495
with the preservation and destruction of pub lic records, the 496
department shall adopt rules addressing the automatic sealing of 497
any criminal history record of a minor or adult described in 498
this section. 499
(2) ELIGIBILITY.— 500
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(a) The department shall automatically seal a criminal 501
history record for a v iolation of s. 893.13(3) or paragraph 502
(6)(b), if: 503
1. One year or more has elapsed since the date of the 504
arrest or law enforcement interaction documented in the records. 505
2. No criminal charges were filed relating to the arrest 506
or law enforcement interac tion or criminal charges were filed 507
and subsequently dismissed or vacated or the arrestee was 508
acquitted. 509
(b) If the law enforcement agency is unable to verify 510
satisfaction of the condition in subparagraph (a)2., records 511
that satisfy the condition in subp aragraph (a)1. shall be 512
automatically expunged. 513
(c) There is no limitation on the number of times a person 514
may obtain an automatic sealing for a criminal history record 515
described in paragraph (a). 516
(3) PROCESS FOR AND EFFECT OF AUTOMATIC SEALING. — 517
(a)1. Records shall be expunged under the following 518
timelines: 519
a. Records created before the effective date of this act, 520
but on or after January 1, 2013, shall be automatically expunged 521
before January 1, 2024. 522
b. Records created before January 1, 2013, bu t on or after 523
January 1, 2000, shall be automatically expunged before January 524
1, 2025. 525
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c. Records created before January 1, 2000, shall be 526
automatically expunged before January 1, 2026. 527
2. This section does not restrict or modify an 528
individual's right to have his or her records expunged except as 529
otherwise may be provided in this chapter, or diminish or 530
abrogate any rights or remedies otherwise available to the 531
individual. 532
(b) Upon the disposition of a criminal case resulting in a 533
criminal history rec ord eligible for automatic sealing under 534
paragraph (2)(a), the clerk of the court shall transmit a 535
certified copy of the disposition of the criminal history record 536
to the department, which shall seal the criminal history record 537
upon receipt of the certifie d copy. 538
(c) Automatic sealing of a criminal history record does 539
not require sealing by the court or other criminal justice 540
agencies, or that such record be surrendered to the court, and 541
such record shall continue to be maintained by the department 542
and other criminal justice agencies. 543
(d) Except as provided in this section, automatic sealing 544
of a criminal history record shall have the same effect, and the 545
department may disclose such a record in the same manner, as a 546
record sealed under s. 943.059. 547
Section 6. The Legislature intends the prioritization of 548
rehabilitative health intervention in lieu of criminalization 549
for personal usage of controlled substances, including but is 550
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not limited to stimulants including cocaine, methamphetamine, 551
opioids, heroin, fentanyl, depressants or benzodiazepines, and 552
other addictive controlled substances. 553
(1) Crimes associated with the personal usage and 554
possession of controlled substances that do not involve 555
production, distribution or sale shall be decriminalized in 556
favor or civil fines and referral for drug rehabilitation. 557
(2) The Department of Health shall conduct a study on more 558
effective methods of addressing drug addiction in lieu of 559
criminalizing. This study shall include but not be limited to 560
supervised drug consumption facilities, which have been proven 561
to reduce public disorder associated with drugs, and lead to a 562
drop in the behaviors linked to HIV and Hepatitis C 563
transmission; programs that have been successful in Seattle, San 564
Francisco and Philadelphia; and any other rehabilitative 565
centered solutions. The Department shall make a report to the 566
Governor, The President of the Senate, and the Speaker of the 567
House of Representatives no later than December 31, 2022. 568
Section 7. The Division of Law Revision i s directed to 569
replace the phrases "the effective date of this act" and "the 570
effective date of this section" wherever they occur in this act 571
with the date this act becomes a law. 572
Section 8. This act shall take effect July 1, 2022. 573