CS/CS/HB 1259 2022
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hb1259-02-c2
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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 automatic sealing of criminal 2
history records; amending s. 943.0595, F.S.; requiring 3
the court to automatically seal certain criminal 4
history records; specifying the effect of automatic 5
sealing of a criminal history record by a court; 6
providing an effective date. 7
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Be It Enacted by the Legislature of the State of Florida: 9
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Section 1. Subsections (2) and (3) of section 943.0595, 11
Florida Statutes, are amended to read: 12
943.0595 Automatic sealing of criminal history records. — 13
(2) ELIGIBILITY.— 14
(a) The department and the court shall automatically seal 15
a criminal history record that does not result from an 16
indictment, information, or other charging document for a 17
forcible felony as defined in s. 776.08 or for an offense 18
enumerated in s. 943.0435(1)(h)1.a.(I), if: 19
1. An indictment, information, or other charging document 20
was not filed or issued in the case giving rise to the crimin al 21
history record. 22
2. An indictment, information, or other charging document 23
was filed in the case giving rise to the criminal history 24
record, but was dismissed or nolle prosequi by the state 25
CS/CS/HB 1259 2022
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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
attorney or statewide prosecutor or was dismissed by a court o f 26
competent jurisdiction. However, a person is not eligible for 27
automatic sealing under this section if the dismissal was 28
pursuant to s. 916.145 or s. 985.19. 29
3. A not guilty verdict was rendered by a judge or jury. 30
However, a person is not eligible for automatic sealing under 31
this section if the defendant was found not guilty by reason of 32
insanity. 33
4. A judgment of acquittal was rendered by a judge. 34
(b) There is no limitation on the number of times a person 35
may obtain an automatic sealing for a crimi nal history record 36
described in paragraph (a). 37
(3) PROCESS FOR AND EFFECT OF AUTOMATIC SEALING. — 38
(a) Upon the disposition of a criminal case resulting in a 39
criminal history record eligible for automatic sealing under 40
paragraph (2)(a), the clerk of the court shall seal the criminal 41
history record and shall transmit a certified copy of the 42
disposition of the criminal history record to the department, 43
which shall seal the criminal history record upon receipt of the 44
certified copy. 45
(b) Automatic sealing o f a criminal history record does 46
not require sealing by the court or other criminal justice 47
agencies, or that such record be surrendered to the court, and 48
such record shall continue to be maintained by the department 49
and other criminal justice agencies. 50
CS/CS/HB 1259 2022
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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
(c) Except as provided in this section, automatic sealing 51
of a criminal history record shall have the same effect, and the 52
court and the department may disclose such a record in the same 53
manner, as a record sealed under s. 943.059. 54
Section 2. This act shall take effect July 1, 2022. 55