This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h1259a.CRM
DATE: 2/15/2022
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/CS/HB 1259 Automatic Sealing of Criminal History Records
SPONSOR(S): Criminal Justice & Public Safety Subcommittee, Regulatory Reform Subcommittee, Roach
and others
TIED BILLS: HB 1261 IDEN./SIM. BILLS:
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Criminal Justice & Public Safety Subcommittee 18 Y, 0 N, As CS Hall Hall
SUMMARY ANALYSIS
A criminal history record includes any nonjudicial record maintained by a criminal justice agency that contains
criminal history information. Such information may be collected by criminal justice agencies related to
identifiable descriptions of individuals and notations of arrests, detentions, indictments, informations, other
formal criminal charges, and criminal dispositions. A court may order a criminal history record sealed,
rendering it confidential and exempt from Florida’s public records laws.
Section 943.0595, F.S., requires the Florida Department of Law Enforcement (FDLE) to automatically seal a
criminal history record that did not result from an indictment, information, or other charging document for a
forcible felony or an offense which requires the offender to register as a sexual offender, when:
A charge was not filed in the case giving rise to the criminal history record;
A charge was filed in the case giving rise to the criminal history record, but was later dismissed or nolle
prosequi, unless the dismissal was due to a defendant being declared incompetent to proceed; or
The defendant was acquitted, either by a verdict of not guilty or by a judgment of acquittal.
The eligibility requirements for automatic sealing do not consider a person’s prior criminal history and there is
no limitation on the number of times a person may obtain an automatic sealing for an eligible criminal history
record.
Automatic sealing of a criminal history record does not require the court to seal the criminal history record and
any criminal history record that is automatically sealed must be maintained by FDLE and other criminal justice
agencies. In all other respects, automatic sealing of a criminal history record has the same effect as court-
ordered sealing under s. 943.059, F.S., and the record may be disclosed in the same manner.
CS/CS/HB 1259 amends s. 943.0595, F.S., to require a court, in addition to FDLE, to automatically seal an
eligible criminal history record. Under the bill, a record that is automatically sealed by the court may be
disclosed by the court in the same manner as a record sealed under the court ordered-sealing process. The bill
retains the requirement under current law for a criminal justice agency to continue to maintain any
automatically sealed criminal history record.
The bill may have an indeterminate fiscal impact on local governments.
The bill provides an effective date of July 1, 2022. STORAGE NAME: h1259a.CRM PAGE: 2
DATE: 2/15/2022
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
A criminal history record includes any nonjudicial record maintained by a criminal justice agency
1
that
contains criminal history information.
2
Criminal history information is information collected by criminal
justice agencies consisting of identifiable descriptions of individuals and notations of arrests,
detentions, indictments, informations, other formal criminal charges, and criminal dispositions.
3
Court-Ordered Sealing
Under s. 943.059, F.S., a court may order a criminal history record to be sealed, rendering it
confidential and exempt from Florida’s public records laws.
4
The following persons and entities may
access a sealed criminal history record:
The subject of the record;
His or her attorney;
Criminal justice agencies for criminal justice purposes;
Judges in the state courts system for assisting in their case-related decision-making
responsibilities; and
Certain enumerated entities
5
for licensing, access authorization, and employment purposes.
6
If a criminal history record is sealed, the subject of the record may lawfully deny or fail to acknowledge
the arrests covered by the sealed record, with exceptions for certain state employment positions,
professional licensing purposes, purchasing a firearm, applying for a concealed weapons permit,
seeking expunction, or if the subject is a defendant in a criminal prosecution.
7
Under s. 943.0584, F.S., a criminal history record is not eligible for court-ordered sealing if the record is
a conviction for:
Sexual misconduct;
8
Illegal use of explosives;
9
Terrorism;
10
Murder;
11
Manslaughter or homicide;
12
Assault
13
or battery
14
of one family or household member by another family or household
member;
15
1
Criminal justice agencies include the court, the Florida Department of Law Enforcement (FDLE), the Department of Juvenile Justice
(DJJ), components of the Department of Children and Families (DCF), and other governmental agencies that administrate criminal
justice. S. 943.045(11), F.S.
2
S. 943.045(6), F.S.
3
S. 943.045(5), F.S.
4
Ss. 943.059(6) and 119.07(1), F.S.; Art. I, s. 24(a), Fla. Const.
5
Enumerated entities include criminal justice agencies, The Florida Bar, DCF, the Division of Vocational Rehabilitation within the
Department of Education, the Agency for Health Care Administration, the Agency for Persons with Disabilities, the Department of
Health, the Department of Elderly Affairs, DJJ, the Department of Education, a district school board, a university laboratory school, a
charter school, a private or parochial school, a local governmental entity that licenses child care facilities, the Division of Insurance
Agent and Agency Services within the Department of Financial Services, and the Bureau of License Issuance of the Division of
Licensing within the Department of Agriculture and Consumer Services.
6
S. 943.059(6), F.S.
7
Id.
8
Ss. 393.135, 394.4593, and 916.1075, F.S.
9
Ch. 552, F.S.
10
S. 775.30, F.S.
11
Ss. 782.04, 782.065, and 782.09, F.S.
12
Ss. 782.07, 782.071, and 782.072, F.S.
13
S. 784.011, F.S.
14
S. 784.03, F.S. STORAGE NAME: h1259a.CRM PAGE: 3
DATE: 2/15/2022
Aggravated assault;
16
Felony battery, domestic battery by strangulation, or aggravated battery;
17
Stalking or aggravated stalking;
18
Luring or enticing a child;
19
Human trafficking;
20
Kidnapping or false imprisonment;
21
Sexual battery, unlawful sexual activity with a minor, or female genital mutilation;
22
Procuring a person under the age of 18 for prostitution;
23
Lewd or lascivious offenses committed upon or in the presence of a child less than 16 years of
age;
24
Arson;
25
Burglary of a dwelling;
26
Voyeurism or video voyeurism;
27
Robbery or robbery by sudden snatching;
28
Carjacking;
29
Home invasion robbery;
30
A violation of the Florida Communications Fraud Act;
31
Abuse of an elderly person or disabled adult or aggravated abuse of an elderly person or
disabled adult;
32
Lewd or lascivious offenses committed upon or in the presence of an elderly or disabled
person;
33
Child abuse or aggravated child abuse;
34
Sexual performance by a child;
35
Offenses by public officers and employees;
36
Certain acts in connection with obscenity;
37
A violation of the Computer Pornography and Child Exploitation Prevention Act;
38
Selling or buying of minors;
39
Aircraft piracy;
40
Manufacturing a controlled substance;
41
Drug trafficking;
42
or
Any violation specified as a predicate offense for registration as a sexual predator
43
or sexual
offender.
44
15
S. 741.28(3), F.S.
16
S. 784.021, F.S.
17
Ss. 784.03, 784.041, and 784.045, F.S.
18
S. 784.048, F.S.
19
S. 787.025, F.S.
20
S. 787.06, F.S.
21
Ss. 787.01 and 787.02, F.S.
22
Ch. 794, F.S.
23
S. 796.03, F.S. (2013) (repealed by ch. 2014-160, §10, Laws of Fla.).
24
S. 800.04, F.S.
25
S. 806.01, F.S.
26
S. 810.02, F.S.
27
Ss. 810.14 and 810.145, F.S.
28
Ss. 812.13 and 812.131, F.S.
29
S. 812.133, F.S.
30
S. 812.135, F.S.
31
S. 817.034, F.S.
32
S. 825.102, F.S.
33
S. 825.1025, F.S.
34
S. 827.03, F.S.
35
S. 827.071, F.S.
36
Ch. 839, F.S.
37
S. 847.0133, F.S.
38
S. 893.0135, F.S.
39
S. 847.0145, F.S.
40
S. 860.16, F.S.
41
Ch. 893, F.S.
42
S. 893.135, F.S. STORAGE NAME: h1259a.CRM PAGE: 4
DATE: 2/15/2022
To obtain a court-ordered sealing, a person must first apply to FDLE for a certificate of eligibility, which
FDLE must issue to a person who:
Has submitted a certified copy of the charge disposition he or she seeks to seal;
Is not seeking to seal a criminal history record relating to an ineligible offense;
Has never, prior to filing the application for a certificate of eligibility, been either:
o Adjudicated guilty in this state of any criminal offense; or
o Adjudicated delinquent in this state of certain enumerated crimes as a juvenile.
Has not been adjudicated guilty or delinquent for committing any of the acts stemming from the
arrest or alleged criminal activity to which the petition to seal pertains;
Has never secured a prior sealing or expunction; and
Is no longer under court supervision related to the disposition of the arrest or alleged criminal
activity to which the petition to seal pertains.
45
Upon receiving a certificate of eligibility from FDLE, a person must petition the court to seal the
record.
46
A complete petition contains both a valid certificate of eligibility, issued within the previous 12
months, and a sworn statement from the petitioner attesting to his or her eligibility.
47
It is solely within
the court’s discretion to grant or deny a petition to seal a criminal history record.
48
Automatic Sealing by FDLE
Section 943.0595, F.S., requires FDLE to automatically seal a criminal history record that did not result
from an indictment, information, or other charging document for a forcible felony
49
or an offense which
requires the offender to register as a sexual offender,
50
when:
A charge was not filed in the case giving rise to the criminal history record;
A charge was filed in the case giving rise to the criminal history record, but was later dismissed
or nolle prosequi, unless the dismissal was due to the defendant being declared incompetent to
proceed;
51
or
The defendant was acquitted, either by a verdict of not guilty or by a judgment of acquittal.
52
The eligibility requirements for automatic sealing do not consider a person’s prior criminal history and
there is no limitation on the number of times a person may obtain an automatic sealing for an eligible
criminal history record.
53
Automatic sealing of a criminal history record does not require the court to seal the criminal history
record and any criminal history record that is automatically sealed must be maintained by FDLE and
other criminal justice agencies.
54
In all other respects, automatic sealing of a criminal history record has
the same effect as court-ordered sealing under s. 943.059, F.S., and the record may be disclosed in
the same manner.
55
43
S. 775.21, F.S.
44
S. 943.0435, F.S.
45
S. 943.059(1), F.S.
46
S. 943.059(3), F.S.
47
Id.
48
S. 943.059(4), F.S.
49
Forcible felonies include treason; murder; manslaughter; sexual battery; carjacking; home-invasion robbery; robbery; burglary; arson;
kidnapping; aggravated assault; aggravated battery; aggravated stalking; aircraft piracy; unlawful throwing, placing, or discharging of a
destructive device or bomb; and any other felony which involves the use or threat of physical force or violence against any individual. S.
776.08, F.S.
50
A conviction for an offense enumerated in s. 943.0435(1)(h)1.a.(I), F.S., requires the offender to register as a sexual offender.
51
A defendant is incompetent to proceed when he or she is unable to consult with counsel with a reasonable degree of rational
understanding or does not have a rational and factual understanding of the pending proceedings. Fla. R. Crim. P. 3.211; Dusky v.
United States, 362 U.S. 402 (1960). Section 916.145, F.S., requires a court to dismiss the charges against a defendant who has been
adjudicated incompetent to proceed due to mental illness under certain circumstances. Section 985.19, F.S., requires a court to dismiss
the delinquency petition of a minor under certain circumstances.
52
S. 943.0595(2)(a), F.S.
53
S. 943.0595(2)(b), F.S.
54
S. 943.0595(3)(b), F.S.
55
S. 943.0595(3)(c), F.S. STORAGE NAME: h1259a.CRM PAGE: 5
DATE: 2/15/2022
Effect of Proposed Changes
CS/CS/HB 1259 amends s. 943.0595, F.S., to require a court, in addition to FDLE, to automatically seal
an eligible criminal history record. Under the bill, a record that is automatically sealed by the court may
be disclosed by the court in the same manner as a record sealed under the court ordered sealing
process. The bill retains the requirement under current law for a criminal justice agency to continue to
maintain any automatically sealed criminal history record.
The bill provides an effective date of July 1, 2022.
B. SECTION DIRECTORY:
Section 1: Amends s. 943.0595, F.S.; relating to automatic sealing of criminal history records.
Section 2: Provides an effective date of July 1, 2022.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
None.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
The bill may have an indeterminate negative fiscal impact on clerks of court. Under the bill, clerks of
court may experience an increased workload by being required to redact more criminal history
information from a greater number of sealed criminal history records.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. This bill does not appear to affect county or municipal governments.
2. Other: STORAGE NAME: h1259a.CRM PAGE: 6
DATE: 2/15/2022
None.
B. RULE-MAKING AUTHORITY:
None.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
On February 15, 2022, the Criminal Justice & Public Safety Subcommittee adopted a proposed committee
substitute (PCS) and reported the bill favorably as a committee substitute. The PCS differed from CS/HB
1259 as it:
Eliminated the requirement for FDLE to issue a certificate of eligibility for court-ordered sealing
under s. 943.059, F.S., upon the request of a person who was the subject of a criminal history
record sealed under the automatic sealing process pursuant to s. 943.0595, F.S.
Eliminated the requirement for the subject of an automatically sealed criminal history record to
petition a court for sealing of the record at the court level under s. 943.059, F.S., and instead, made
such sealing automatic pursuant to s. 943.0595, F.S.
This analysis is drafted to the committee substitute as passed by the Criminal Justice & Public Safety
Subcommittee.
On February 8, 2022, the Regulatory Reform Subcommittee considered a proposed committee
substitute and reported the bill favorably as a committee substitute. The committee substitute
differs from HB 1259 by:
Removing provisions that limit how the Department of Business and Professional
Regulation may use an applicant’s criminal history when granting or denying an
occupational license, and
Clarifying the new process for court sealing of criminal history records based on FDLE
automatic sealing of such records.