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Senate Bill 2252

Senate Bill sb2252

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                                  SB 2252

    By Senator Smith





    14-337-04

  1                      A bill to be entitled

  2         An act relating to criminal history records;

  3         amending ss. 943.0585 and 943.059, F.S.;

  4         prohibiting the expunction or sealing of a

  5         criminal history record concerning a defendant

  6         who was found guilty of, or who pled guilty or

  7         nolo contendere to, the offense of voyeurism,

  8         regardless of whether adjudication was

  9         withheld; providing an effective date.

10  

11  Be It Enacted by the Legislature of the State of Florida:

12  

13         Section 1.  Section 943.0585, Florida Statutes, is

14  amended to read:

15         943.0585  Court-ordered expunction of criminal history

16  records.--The courts of this state have jurisdiction over

17  their own procedures, including the maintenance, expunction,

18  and correction of judicial records containing criminal history

19  information to the extent such procedures are not inconsistent

20  with the conditions, responsibilities, and duties established

21  by this section. Any court of competent jurisdiction may order

22  a criminal justice agency to expunge the criminal history

23  record of a minor or an adult who complies with the

24  requirements of this section. The court shall not order a

25  criminal justice agency to expunge a criminal history record

26  until the person seeking to expunge a criminal history record

27  has applied for and received a certificate of eligibility for

28  expunction pursuant to subsection (2). A criminal history

29  record that relates to a violation of s. 787.025, chapter 794,

30  s. 796.03, s. 800.04, s. 810.14, s. 817.034, s. 825.1025, s.

31  827.071, chapter 839, s. 847.0133, s. 847.0135, s. 847.0145,

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    Florida Senate - 2004                                  SB 2252
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 1  s. 893.135, or a violation enumerated in s. 907.041 may not be

 2  expunged, without regard to whether adjudication was withheld,

 3  if the defendant was found guilty of or pled guilty or nolo

 4  contendere to the offense, or if the defendant, as a minor,

 5  was found to have committed, or pled guilty or nolo contendere

 6  to committing, the offense as a delinquent act. The court may

 7  only order expunction of a criminal history record pertaining

 8  to one arrest or one incident of alleged criminal activity,

 9  except as provided in this section. The court may, at its sole

10  discretion, order the expunction of a criminal history record

11  pertaining to more than one arrest if the additional arrests

12  directly relate to the original arrest. If the court intends

13  to order the expunction of records pertaining to such

14  additional arrests, such intent must be specified in the

15  order. A criminal justice agency may not expunge any record

16  pertaining to such additional arrests if the order to expunge

17  does not articulate the intention of the court to expunge a

18  record pertaining to more than one arrest. This section does

19  not prevent the court from ordering the expunction of only a

20  portion of a criminal history record pertaining to one arrest

21  or one incident of alleged criminal activity. Notwithstanding

22  any law to the contrary, a criminal justice agency may comply

23  with laws, court orders, and official requests of other

24  jurisdictions relating to expunction, correction, or

25  confidential handling of criminal history records or

26  information derived therefrom. This section does not confer

27  any right to the expunction of any criminal history record,

28  and any request for expunction of a criminal history record

29  may be denied at the sole discretion of the court.

30  

31  

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    Florida Senate - 2004                                  SB 2252
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 1         (1)  PETITION TO EXPUNGE A CRIMINAL HISTORY

 2  RECORD.--Each petition to a court to expunge a criminal

 3  history record is complete only when accompanied by:

 4         (a)  A certificate of eligibility for expunction issued

 5  by the department pursuant to subsection (2).

 6         (b)  The petitioner's sworn statement attesting that

 7  the petitioner:

 8         1.  Has never, prior to the date on which the petition

 9  is filed, been adjudicated guilty of a criminal offense or

10  comparable ordinance violation or adjudicated delinquent for

11  committing a felony or a misdemeanor specified in s.

12  943.051(3)(b).

13         2.  Has not been adjudicated guilty of, or adjudicated

14  delinquent for committing, any of the acts stemming from the

15  arrest or alleged criminal activity to which the petition

16  pertains.

17         3.  Has never secured a prior sealing or expunction of

18  a criminal history record under this section, former s.

19  893.14, former s. 901.33, or former s. 943.058, or from any

20  jurisdiction outside the state.

21         4.  Is eligible for such an expunction to the best of

22  his or her knowledge or belief and does not have any other

23  petition to expunge or any petition to seal pending before any

24  court.

25  

26  Any person who knowingly provides false information on such

27  sworn statement to the court commits a felony of the third

28  degree, punishable as provided in s. 775.082, s. 775.083, or

29  s. 775.084.

30         (2)  CERTIFICATE OF ELIGIBILITY FOR EXPUNCTION.--Prior

31  to petitioning the court to expunge a criminal history record,

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    14-337-04




 1  a person seeking to expunge a criminal history record shall

 2  apply to the department for a certificate of eligibility for

 3  expunction. The department shall, by rule adopted pursuant to

 4  chapter 120, establish procedures pertaining to the

 5  application for and issuance of certificates of eligibility

 6  for expunction. The department shall issue a certificate of

 7  eligibility for expunction to a person who is the subject of a

 8  criminal history record if that person:

 9         (a)  Has obtained, and submitted to the department, a

10  written, certified statement from the appropriate state

11  attorney or statewide prosecutor which indicates:

12         1.  That an indictment, information, or other charging

13  document was not filed or issued in the case.

14         2.  That an indictment, information, or other charging

15  document, if filed or issued in the case, was dismissed or

16  nolle prosequi by the state attorney or statewide prosecutor,

17  or was dismissed by a court of competent jurisdiction.

18         3.  That the criminal history record does not relate to

19  a violation of s. 787.025, chapter 794, s. 796.03, s. 800.04,

20  s. 810.14, s. 817.034, s. 825.1025, s. 827.071, chapter 839,

21  s. 847.0133, s. 847.0135, s. 847.0145, s. 893.135, or a

22  violation enumerated in s. 907.041, where the defendant was

23  found guilty of, or pled guilty or nolo contendere to any such

24  offense, or that the defendant, as a minor, was found to have

25  committed, or pled guilty or nolo contendere to committing,

26  such an offense as a delinquent act, without regard to whether

27  adjudication was withheld.

28         (b)  Remits a $75 processing fee to the department for

29  placement in the Department of Law Enforcement Operating Trust

30  Fund, unless such fee is waived by the executive director.

31  

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 1         (c)  Has submitted to the department a certified copy

 2  of the disposition of the charge to which the petition to

 3  expunge pertains.

 4         (d)  Has never, prior to the date on which the

 5  application for a certificate of eligibility is filed, been

 6  adjudicated guilty of a criminal offense or comparable

 7  ordinance violation or adjudicated delinquent for committing a

 8  felony or a misdemeanor specified in s. 943.051(3)(b).

 9         (e)  Has not been adjudicated guilty of, or adjudicated

10  delinquent for committing, any of the acts stemming from the

11  arrest or alleged criminal activity to which the petition to

12  expunge pertains.

13         (f)  Has never secured a prior sealing or expunction of

14  a criminal history record under this section, former s.

15  893.14, former s. 901.33, or former s. 943.058.

16         (g)  Is no longer under court supervision applicable to

17  the disposition of the arrest or alleged criminal activity to

18  which the petition to expunge pertains.

19         (h)  Is not required to wait a minimum of 10 years

20  prior to being eligible for an expunction of such records

21  because all charges related to the arrest or criminal activity

22  to which the petition to expunge pertains were dismissed prior

23  to trial, adjudication, or the withholding of adjudication.

24  Otherwise, such criminal history record must be sealed under

25  this section, former s. 893.14, former s. 901.33, or former s.

26  943.058 for at least 10 years before such record is eligible

27  for expunction.

28         (3)  PROCESSING OF A PETITION OR ORDER TO EXPUNGE.--

29         (a)  In judicial proceedings under this section, a copy

30  of the completed petition to expunge shall be served upon the

31  appropriate state attorney or the statewide prosecutor and

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    Florida Senate - 2004                                  SB 2252
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 1  upon the arresting agency; however, it is not necessary to

 2  make any agency other than the state a party. The appropriate

 3  state attorney or the statewide prosecutor and the arresting

 4  agency may respond to the court regarding the completed

 5  petition to expunge.

 6         (b)  If relief is granted by the court, the clerk of

 7  the court shall certify copies of the order to the appropriate

 8  state attorney or the statewide prosecutor and the arresting

 9  agency. The arresting agency is responsible for forwarding the

10  order to any other agency to which the arresting agency

11  disseminated the criminal history record information to which

12  the order pertains. The department shall forward the order to

13  expunge to the Federal Bureau of Investigation. The clerk of

14  the court shall certify a copy of the order to any other

15  agency which the records of the court reflect has received the

16  criminal history record from the court.

17         (c)  For an order to expunge entered by a court prior

18  to July 1, 1992, the department shall notify the appropriate

19  state attorney or statewide prosecutor of an order to expunge

20  which is contrary to law because the person who is the subject

21  of the record has previously been convicted of a crime or

22  comparable ordinance violation or has had a prior criminal

23  history record sealed or expunged. Upon receipt of such

24  notice, the appropriate state attorney or statewide prosecutor

25  shall take action, within 60 days, to correct the record and

26  petition the court to void the order to expunge. The

27  department shall seal the record until such time as the order

28  is voided by the court.

29         (d)  On or after July 1, 1992, the department or any

30  other criminal justice agency is not required to act on an

31  order to expunge entered by a court when such order does not

                                  6

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    Florida Senate - 2004                                  SB 2252
    14-337-04




 1  comply with the requirements of this section. Upon receipt of

 2  such an order, the department must notify the issuing court,

 3  the appropriate state attorney or statewide prosecutor, the

 4  petitioner or the petitioner's attorney, and the arresting

 5  agency of the reason for noncompliance. The appropriate state

 6  attorney or statewide prosecutor shall take action within 60

 7  days to correct the record and petition the court to void the

 8  order. No cause of action, including contempt of court, shall

 9  arise against any criminal justice agency for failure to

10  comply with an order to expunge when the petitioner for such

11  order failed to obtain the certificate of eligibility as

12  required by this section or such order does not otherwise

13  comply with the requirements of this section.

14         (4)  EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.--Any

15  criminal history record of a minor or an adult which is

16  ordered expunged by a court of competent jurisdiction pursuant

17  to this section must be physically destroyed or obliterated by

18  any criminal justice agency having custody of such record;

19  except that any criminal history record in the custody of the

20  department must be retained in all cases. A criminal history

21  record ordered expunged that is retained by the department is

22  confidential and exempt from the provisions of s. 119.07(1)

23  and s. 24(a), Art. I of the State Constitution and not

24  available to any person or entity except upon order of a court

25  of competent jurisdiction. A criminal justice agency may

26  retain a notation indicating compliance with an order to

27  expunge.

28         (a)  The person who is the subject of a criminal

29  history record that is expunged under this section or under

30  other provisions of law, including former s. 893.14, former s.

31  901.33, and former s. 943.058, may lawfully deny or fail to

                                  7

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 1  acknowledge the arrests covered by the expunged record, except

 2  when the subject of the record:

 3         1.  Is a candidate for employment with a criminal

 4  justice agency;

 5         2.  Is a defendant in a criminal prosecution;

 6         3.  Concurrently or subsequently petitions for relief

 7  under this section or s. 943.059;

 8         4.  Is a candidate for admission to The Florida Bar;

 9         5.  Is seeking to be employed or licensed by or to

10  contract with the Department of Children and Family Services

11  or the Department of Juvenile Justice or to be employed or

12  used by such contractor or licensee in a sensitive position

13  having direct contact with children, the developmentally

14  disabled, the aged, or the elderly as provided in s.

15  110.1127(3), s. 393.063(15), s. 394.4572(1), s. 397.451, s.

16  402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4), s.

17  985.407, or chapter 400; or

18         6.  Is seeking to be employed or licensed by the Office

19  of Teacher Education, Certification, Staff Development, and

20  Professional Practices of the Department of Education, any

21  district school board, or any local governmental entity that

22  licenses child care facilities.

23         (b)  Subject to the exceptions in paragraph (a), a

24  person who has been granted an expunction under this section,

25  former s. 893.14, former s. 901.33, or former s. 943.058 may

26  not be held under any provision of law of this state to commit

27  perjury or to be otherwise liable for giving a false statement

28  by reason of such person's failure to recite or acknowledge an

29  expunged criminal history record.

30         (c)  Information relating to the existence of an

31  expunged criminal history record which is provided in

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 1  accordance with paragraph (a) is confidential and exempt from

 2  the provisions of s. 119.07(1) and s. 24(a), Art. I of the

 3  State Constitution, except that the department shall disclose

 4  the existence of a criminal history record ordered expunged to

 5  the entities set forth in subparagraphs (a)1., 4., 5., and 6.

 6  for their respective licensing and employment purposes, and to

 7  criminal justice agencies for their respective criminal

 8  justice purposes. It is unlawful for any employee of an entity

 9  set forth in subparagraph (a)1., subparagraph (a)4.,

10  subparagraph (a)5., or subparagraph (a)6. to disclose

11  information relating to the existence of an expunged criminal

12  history record of a person seeking employment or licensure

13  with such entity or contractor, except to the person to whom

14  the criminal history record relates or to persons having

15  direct responsibility for employment or licensure decisions.

16  Any person who violates this paragraph commits a misdemeanor

17  of the first degree, punishable as provided in s. 775.082 or

18  s. 775.083.

19         (5)  STATUTORY REFERENCES.--Any reference to any other

20  chapter, section, or subdivision of the Florida Statutes in

21  this section constitutes a general reference under the

22  doctrine of incorporation by reference.

23         Section 2.  Section 943.059, Florida Statutes, is

24  amended to read:

25         943.059  Court-ordered sealing of criminal history

26  records.--The courts of this state shall continue to have

27  jurisdiction over their own procedures, including the

28  maintenance, sealing, and correction of judicial records

29  containing criminal history information to the extent such

30  procedures are not inconsistent with the conditions,

31  responsibilities, and duties established by this section. Any

                                  9

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    Florida Senate - 2004                                  SB 2252
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 1  court of competent jurisdiction may order a criminal justice

 2  agency to seal the criminal history record of a minor or an

 3  adult who complies with the requirements of this section. The

 4  court shall not order a criminal justice agency to seal a

 5  criminal history record until the person seeking to seal a

 6  criminal history record has applied for and received a

 7  certificate of eligibility for sealing pursuant to subsection

 8  (2). A criminal history record that relates to a violation of

 9  s. 787.025, chapter 794, s. 796.03, s. 800.04, s. 810.14, s.

10  817.034, s. 825.1025, s. 827.071, chapter 839, s. 847.0133, s.

11  847.0135, s. 847.0145, s. 893.135, or a violation enumerated

12  in s. 907.041 may not be sealed, without regard to whether

13  adjudication was withheld, if the defendant was found guilty

14  of or pled guilty or nolo contendere to the offense, or if the

15  defendant, as a minor, was found to have committed or pled

16  guilty or nolo contendere to committing the offense as a

17  delinquent act. The court may only order sealing of a criminal

18  history record pertaining to one arrest or one incident of

19  alleged criminal activity, except as provided in this section.

20  The court may, at its sole discretion, order the sealing of a

21  criminal history record pertaining to more than one arrest if

22  the additional arrests directly relate to the original arrest.

23  If the court intends to order the sealing of records

24  pertaining to such additional arrests, such intent must be

25  specified in the order. A criminal justice agency may not seal

26  any record pertaining to such additional arrests if the order

27  to seal does not articulate the intention of the court to seal

28  records pertaining to more than one arrest. This section does

29  not prevent the court from ordering the sealing of only a

30  portion of a criminal history record pertaining to one arrest

31  or one incident of alleged criminal activity. Notwithstanding

                                  10

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 1  any law to the contrary, a criminal justice agency may comply

 2  with laws, court orders, and official requests of other

 3  jurisdictions relating to sealing, correction, or confidential

 4  handling of criminal history records or information derived

 5  therefrom. This section does not confer any right to the

 6  sealing of any criminal history record, and any request for

 7  sealing a criminal history record may be denied at the sole

 8  discretion of the court.

 9         (1)  PETITION TO SEAL A CRIMINAL HISTORY RECORD.--Each

10  petition to a court to seal a criminal history record is

11  complete only when accompanied by:

12         (a)  A certificate of eligibility for sealing issued by

13  the department pursuant to subsection (2).

14         (b)  The petitioner's sworn statement attesting that

15  the petitioner:

16         1.  Has never, prior to the date on which the petition

17  is filed, been adjudicated guilty of a criminal offense or

18  comparable ordinance violation or adjudicated delinquent for

19  committing a felony or a misdemeanor specified in s.

20  943.051(3)(b).

21         2.  Has not been adjudicated guilty of or adjudicated

22  delinquent for committing any of the acts stemming from the

23  arrest or alleged criminal activity to which the petition to

24  seal pertains.

25         3.  Has never secured a prior sealing or expunction of

26  a criminal history record under this section, former s.

27  893.14, former s. 901.33, former s. 943.058, or from any

28  jurisdiction outside the state.

29         4.  Is eligible for such a sealing to the best of his

30  or her knowledge or belief and does not have any other

31  

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 1  petition to seal or any petition to expunge pending before any

 2  court.

 3  

 4  Any person who knowingly provides false information on such

 5  sworn statement to the court commits a felony of the third

 6  degree, punishable as provided in s. 775.082, s. 775.083, or

 7  s. 775.084.

 8         (2)  CERTIFICATE OF ELIGIBILITY FOR SEALING.--Prior to

 9  petitioning the court to seal a criminal history record, a

10  person seeking to seal a criminal history record shall apply

11  to the department for a certificate of eligibility for

12  sealing. The department shall, by rule adopted pursuant to

13  chapter 120, establish procedures pertaining to the

14  application for and issuance of certificates of eligibility

15  for sealing. The department shall issue a certificate of

16  eligibility for sealing to a person who is the subject of a

17  criminal history record provided that such person:

18         (a)  Has submitted to the department a certified copy

19  of the disposition of the charge to which the petition to seal

20  pertains.

21         (b)  Remits a $75 processing fee to the department for

22  placement in the Department of Law Enforcement Operating Trust

23  Fund, unless such fee is waived by the executive director.

24         (c)  Has never, prior to the date on which the

25  application for a certificate of eligibility is filed, been

26  adjudicated guilty of a criminal offense or comparable

27  ordinance violation or adjudicated delinquent for committing a

28  felony or a misdemeanor specified in s. 943.051(3)(b).

29         (d)  Has not been adjudicated guilty of or adjudicated

30  delinquent for committing any of the acts stemming from the

31  

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 1  arrest or alleged criminal activity to which the petition to

 2  seal pertains.

 3         (e)  Has never secured a prior sealing or expunction of

 4  a criminal history record under this section, former s.

 5  893.14, former s. 901.33, or former s. 943.058.

 6         (f)  Is no longer under court supervision applicable to

 7  the disposition of the arrest or alleged criminal activity to

 8  which the petition to seal pertains.

 9         (3)  PROCESSING OF A PETITION OR ORDER TO SEAL.--

10         (a)  In judicial proceedings under this section, a copy

11  of the completed petition to seal shall be served upon the

12  appropriate state attorney or the statewide prosecutor and

13  upon the arresting agency; however, it is not necessary to

14  make any agency other than the state a party. The appropriate

15  state attorney or the statewide prosecutor and the arresting

16  agency may respond to the court regarding the completed

17  petition to seal.

18         (b)  If relief is granted by the court, the clerk of

19  the court shall certify copies of the order to the appropriate

20  state attorney or the statewide prosecutor and to the

21  arresting agency. The arresting agency is responsible for

22  forwarding the order to any other agency to which the

23  arresting agency disseminated the criminal history record

24  information to which the order pertains. The department shall

25  forward the order to seal to the Federal Bureau of

26  Investigation. The clerk of the court shall certify a copy of

27  the order to any other agency which the records of the court

28  reflect has received the criminal history record from the

29  court.

30         (c)  For an order to seal entered by a court prior to

31  July 1, 1992, the department shall notify the appropriate

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 1  state attorney or statewide prosecutor of any order to seal

 2  which is contrary to law because the person who is the subject

 3  of the record has previously been convicted of a crime or

 4  comparable ordinance violation or has had a prior criminal

 5  history record sealed or expunged. Upon receipt of such

 6  notice, the appropriate state attorney or statewide prosecutor

 7  shall take action, within 60 days, to correct the record and

 8  petition the court to void the order to seal. The department

 9  shall seal the record until such time as the order is voided

10  by the court.

11         (d)  On or after July 1, 1992, the department or any

12  other criminal justice agency is not required to act on an

13  order to seal entered by a court when such order does not

14  comply with the requirements of this section. Upon receipt of

15  such an order, the department must notify the issuing court,

16  the appropriate state attorney or statewide prosecutor, the

17  petitioner or the petitioner's attorney, and the arresting

18  agency of the reason for noncompliance. The appropriate state

19  attorney or statewide prosecutor shall take action within 60

20  days to correct the record and petition the court to void the

21  order. No cause of action, including contempt of court, shall

22  arise against any criminal justice agency for failure to

23  comply with an order to seal when the petitioner for such

24  order failed to obtain the certificate of eligibility as

25  required by this section or when such order does not comply

26  with the requirements of this section.

27         (e)  An order sealing a criminal history record

28  pursuant to this section does not require that such record be

29  surrendered to the court, and such record shall continue to be

30  maintained by the department and other criminal justice

31  agencies.

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 1         (4)  EFFECT OF CRIMINAL HISTORY RECORD SEALING.--A

 2  criminal history record of a minor or an adult which is

 3  ordered sealed by a court of competent jurisdiction pursuant

 4  to this section is confidential and exempt from the provisions

 5  of s. 119.07(1) and s. 24(a), Art. I of the State Constitution

 6  and is available only to the person who is the subject of the

 7  record, to the subject's attorney, to criminal justice

 8  agencies for their respective criminal justice purposes, or to

 9  those entities set forth in subparagraphs (a)1., 4., 5., and

10  6. for their respective licensing and employment purposes.

11         (a)  The subject of a criminal history record sealed

12  under this section or under other provisions of law, including

13  former s. 893.14, former s. 901.33, and former s. 943.058, may

14  lawfully deny or fail to acknowledge the arrests covered by

15  the sealed record, except when the subject of the record:

16         1.  Is a candidate for employment with a criminal

17  justice agency;

18         2.  Is a defendant in a criminal prosecution;

19         3.  Concurrently or subsequently petitions for relief

20  under this section or s. 943.0585;

21         4.  Is a candidate for admission to The Florida Bar;

22         5.  Is seeking to be employed or licensed by or to

23  contract with the Department of Children and Family Services

24  or the Department of Juvenile Justice or to be employed or

25  used by such contractor or licensee in a sensitive position

26  having direct contact with children, the developmentally

27  disabled, the aged, or the elderly as provided in s.

28  110.1127(3), s. 393.063(15), s. 394.4572(1), s. 397.451, s.

29  402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4), s.

30  415.103, s. 985.407, or chapter 400; or

31  

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 1         6.  Is seeking to be employed or licensed by the Office

 2  of Teacher Education, Certification, Staff Development, and

 3  Professional Practices of the Department of Education, any

 4  district school board, or any local governmental entity which

 5  licenses child care facilities.

 6         (b)  Subject to the exceptions in paragraph (a), a

 7  person who has been granted a sealing under this section,

 8  former s. 893.14, former s. 901.33, or former s. 943.058 may

 9  not be held under any provision of law of this state to commit

10  perjury or to be otherwise liable for giving a false statement

11  by reason of such person's failure to recite or acknowledge a

12  sealed criminal history record.

13         (c)  Information relating to the existence of a sealed

14  criminal record provided in accordance with the provisions of

15  paragraph (a) is confidential and exempt from the provisions

16  of s. 119.07(1) and s. 24(a), Art. I of the State

17  Constitution, except that the department shall disclose the

18  sealed criminal history record to the entities set forth in

19  subparagraphs (a)1., 4., 5., and 6. for their respective

20  licensing and employment purposes. It is unlawful for any

21  employee of an entity set forth in subparagraph (a)1.,

22  subparagraph (a)4., subparagraph (a)5., or subparagraph (a)6.

23  to disclose information relating to the existence of a sealed

24  criminal history record of a person seeking employment or

25  licensure with such entity or contractor, except to the person

26  to whom the criminal history record relates or to persons

27  having direct responsibility for employment or licensure

28  decisions. Any person who violates the provisions of this

29  paragraph commits a misdemeanor of the first degree,

30  punishable as provided in s. 775.082 or s. 775.083.

31  

                                  16

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    Florida Senate - 2004                                  SB 2252
    14-337-04




 1         (5)  STATUTORY REFERENCES.--Any reference to any other

 2  chapter, section, or subdivision of the Florida Statutes in

 3  this section constitutes a general reference under the

 4  doctrine of incorporation by reference.

 5         Section 3.  This act shall take effect July 1, 2004.

 6  

 7            *****************************************

 8                          SENATE SUMMARY

 9    Prohibits expunging or sealing a criminal history record
      concerning a defendant who was found guilty of, or who
10    pled guilty or nolo contendere to, the offense of
      voyeurism, regardless of whether adjudication was
11    withheld.

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15  

16  

17  

18  

19  

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21  

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24  

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                                  17

CODING: Words stricken are deletions; words underlined are additions.

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