Bill Text: FL H0193 | 2011 | Regular Session | Introduced

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Bill Title: Administrative Expunction of Arrest Records

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [H0193 Detail]

Download: Florida-2011-H0193-Introduced.html

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HB 193

1	A bill to be entitled
2	An act relating to administrative expunction of arrest
3	records; amending s. 943.0581, F.S.; deleting language
4	pertaining to discretion of a law enforcement agency as to
5	whether to apply to the Department of Law Enforcement for
6	the administrative expunction of any nonjudicial record of
7	any arrest of a minor or an adult who is subsequently
8	determined to have been arrested contrary to law or by
9	mistake; providing for application for such expunction by
10	the arrestee, or parent or legal guardian of a minor child
11	arrestee, in the absence of such a determination by the
12	law enforcement agency without the endorsement of the
13	request by the agency; requiring submission of specified
14	documentation with such a request for administrative
15	expunction; limiting the requirements that requests be
16	submitted on agency letterhead and contain certain
17	signatures to those requests made by law enforcement
18	agencies; providing an effective date.
19
20	Be It Enacted by the Legislature of the State of Florida:
21
22	Section 1.  Subsections (2), (3), and (4) of section
23	943.0581, Florida Statutes, are amended to read:
24	943.0581  Administrative expunction.-
25	(2)  A law enforcement agency shall apply to the department
26	in the manner prescribed by rule for the administrative
27	expunction of any nonjudicial record of any arrest of a minor or
28	an adult who is subsequently determined by the agency, at its
29	discretion, or by the final order of a court of competent
30	jurisdiction, to have been arrested contrary to law or by
31	mistake.
32	(3)  An adult or, in the case of a minor child, the parent
33	or legal guardian of the minor child, may apply to the
34	department in the manner prescribed by rule for the
35	administrative expunction of any nonjudicial record of an arrest
36	alleged to have been made contrary to law or by mistake,
37	provided that the application is supported by documentation from
38	the department stating that the arrest was contrary to law or by
39	mistake the endorsement of the head of the arresting agency or
40	his or her designee or the state attorney of the judicial
41	circuit in which the arrest occurred or his or her designee.
42	(4)  An application for administrative expunction shall
43	include the date and time of the arrest, the name of the person
44	arrested, the offender-based tracking system (OBTS) number, and
45	the crime or crimes charged. An The application under subsection
46	(2) must shall be on the submitting agency's letterhead and
47	shall be signed by the head of the submitting agency or his or
48	her designee.
49	Section 2.  This act shall take effect July 1, 2011.

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