Florida 2022 Regular Session

Florida House Bill H1473 Latest Draft

Bill / Introduced Version Filed 01/10/2022

                               
 
HB 1473  	2022 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb1473-00 
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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 fees; amending s. 943.0586, F.S., 2 
as created by HB 1471; requiring applicants for a 3 
certificate of eligibility of expunction for certain 4 
criminal history records to pay a specified fee to the 5 
Department of Law Enforcement for placement in a 6 
specified trust fund; providing an exception; 7 
providing a contingent effective date. 8 
  9 
Be It Enacted by the Legislature of the State of Florida: 10 
 11 
 Section 1.  Paragraph (a) of subsection (3) of section 12 
943.0586, Florida Statutes, as created by HB 1471 or other 13 
similar legislation enacted in the 2022 Regular Session or an 14 
extension thereof and which becomes a law, is amended to read: 15 
 943.0586  Cannabis expunction.— 16 
 (3)  CERTIFICATE OF ELIGIBILITY. —Before petitioning a court 17 
to expunge a criminal history record under this section, a 18 
person seeking to expunge a criminal history record must apply 19 
to the department for a certificate of eligibility for 20 
expunction. The department shall adopt rules to establish 21 
procedures for applying for and issuing a certificate of 22 
eligibility for expunction. 23 
 (a)  The department shall issue a certificate of 24 
eligibility for expunction to a person who is the subject of a 25     
 
HB 1473  	2022 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb1473-00 
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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 
 
 
 
criminal history record under this section, if that person: 26 
 1.  Satisfies the eligibility criteria in subsection (2); 27 
 2.  Has submitted to the department a written certified 28 
statement from the appropriate state attorney or statewide 29 
prosecutor which conf irms the criminal history record complies 30 
with the criteria in subsection (2); and 31 
 3.  Has submitted to the department a certified copy of the 32 
disposition of the charge to which the petition to expunge 33 
pertains; and 34 
 4.  Remits a $75 processing fee to the department for 35 
placement in the Department of Law Enforcement Operating Trust 36 
Fund, unless the executive director waives the fee . 37 
 Section 2.  This act shall take effect on the same date 38 
that HB 1471 or similar legislation takes effect , if such 39 
legislation is adopted in the same legislative session or an 40 
extension thereof and becomes a law. 41