Florida Senate - 2025 SB 1214 By Senator Martin 33-01728A-25 20251214__ 1 A bill to be entitled 2 An act relating to automatic sealing of criminal 3 history records; amending s. 943.0595, F.S.; 4 eliminating certain circumstances in which criminal 5 history records are automatically sealed; providing 6 that specified provisions do not limit a prosecutor 7 from accessing automatically sealed criminal history 8 records for certain purposes; providing an effective 9 date. 10 11 Be It Enacted by the Legislature of the State of Florida: 12 13 Section 1.Paragraph (a) of subsection (2) of section 14 943.0595, Florida Statutes, is amended, and paragraph (e) is 15 added to subsection (3) of that section, to read: 16 943.0595Automatic sealing of criminal history records; 17 confidentiality of related court records. 18 (2)ELIGIBILITY. 19 (a)The department shall automatically seal a criminal 20 history record that does not result from an indictment, 21 information, or other charging document for a forcible felony as 22 defined in s. 776.08 or for an offense enumerated in s. 23 943.0435(1)(h)1.a.(I), if: 24 1.An indictment, information, or other charging document 25 was not filed or issued in the case giving rise to the criminal 26 history record. 27 2.An indictment, information, or other charging document 28 was filed in the case giving rise to the criminal history 29 record, but was dismissed or nolle prosequi by the state 30 attorney or statewide prosecutor or was dismissed by a court of 31 competent jurisdiction as to all counts. However, a person is 32 not eligible for automatic sealing under this section if the 33 dismissal was pursuant to s. 916.145 or s. 985.19. 34 1.3.A not guilty verdict was rendered by a judge or jury 35 as to all counts. However, a person is not eligible for 36 automatic sealing under this section if the defendant was found 37 not guilty by reason of insanity. 38 2.4.A judgment of acquittal was rendered by a judge as to 39 all counts. 40 (3)PROCESS FOR AND EFFECT OF AUTOMATIC SEALING. 41 (e)This section does not limit a prosecutor from accessing 42 a criminal history record sealed pursuant to this section to 43 determine an appropriate plea offer, to access evidence that can 44 be used in a prosecution, or to determine eligibility for 45 diversion. 46 Section 2.This act shall take effect July 1, 2025.