Bill Text: FL S1882 | 2018 | Regular Session | Introduced


Bill Title: Determining Bail

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2018-03-10 - Died in Judiciary [S1882 Detail]

Download: Florida-2018-S1882-Introduced.html
       Florida Senate - 2018                                    SB 1882
       
       
        
       By Senator Rodriguez
       
       
       
       
       
       37-00136B-18                                          20181882__
    1                        A bill to be entitled                      
    2         An act relating to determining bail; amending s.
    3         903.046, F.S.; specifying the purpose of a bail
    4         determination; creating a presumption for the release
    5         of arrested individuals while they await trial;
    6         requiring the release of individuals on their own
    7         recognizance if they do not pose a substantial risk of
    8         flight or harm to the community; authorizing a court
    9         to impose reasonable nonmonetary bail conditions for
   10         pretrial release; requiring a court to consider
   11         certain factors and follow specific guidelines when
   12         determining whether to release a defendant on
   13         nonmonetary conditions; amending s. 907.041, F.S.;
   14         revising legislative intent; deleting provisions
   15         relating to a prohibition of release on nonmonetary
   16         conditions under certain supervision; prohibiting a
   17         court from granting pretrial release for a person
   18         charged with a dangerous crime under certain
   19         circumstances; revising the list of offenses that are
   20         defined as dangerous crimes; deleting provisions
   21         relating to certain offenses committed by a defendant
   22         for which a court is authorized to order pretrial
   23         detention after a court’s review; specifying that a
   24         state attorney must show the need for pretrial
   25         detention by a certain standard of evidence; requiring
   26         a court to make certain written findings and
   27         conclusions in a pretrial detention order; deleting a
   28         provision relating to a legislative finding; deleting
   29         a provision requiring a court to order pretrial
   30         detention under certain circumstances if the court
   31         makes certain findings; amending s. 790.065, F.S.;
   32         conforming a cross-reference; reenacting ss. 943.0585
   33         and 943.059, F.S., relating to court-ordered
   34         expunction of criminal history records and court
   35         ordered sealing of criminal history records,
   36         respectively, to incorporate the amendment made to s.
   37         907.041, F.S., in references thereto; providing an
   38         effective date.
   39          
   40  Be It Enacted by the Legislature of the State of Florida:
   41  
   42         Section 1. Section 903.046, Florida Statutes, is amended to
   43  read:
   44         903.046 Nonmonetary bail determinations and pretrial
   45  release Purpose of and criteria for bail determination.—
   46         (1) The purpose of a nonmonetary bail determination in
   47  criminal proceedings is to ensure the appearance of the criminal
   48  defendant at subsequent proceedings and to protect the community
   49  against the risk of danger from the criminal defendant.
   50         (2)An individual is presumed innocent until proven guilty,
   51  and thus, there is a presumption that an individual arrested for
   52  allegedly committing a crime will be released while he or she
   53  awaits trial.
   54         (3)An individual who does not pose a substantial risk of
   55  flight or harm to the community must be released on his or her
   56  own recognizance.
   57         (4)Additionally, a court may impose only reasonable
   58  nonmonetary bail conditions on a defendant’s pretrial release,
   59  as monetary bail creates a system where indigent persons are
   60  confined to jail simply because they cannot afford bail and
   61  wealthier individuals are able to remain in the community simply
   62  because they have access to sufficient funds. The right to be
   63  free from confinement should not be determined based on an
   64  individual’s financial ability to post bail The purpose of a
   65  bail determination in criminal proceedings is to ensure the
   66  appearance of the criminal defendant at subsequent proceedings
   67  and to protect the community against unreasonable danger from
   68  the criminal defendant.
   69         (5)(2) When determining whether to release a defendant on
   70  nonmonetary bail or other conditions, and what that bail or
   71  those conditions may be, the court shall consider:
   72         (a) Consider the nature and circumstances of the offense
   73  charged.
   74         (b) Consider the weight of the evidence against the
   75  defendant.
   76         (c) Consider the defendant’s family ties, length of
   77  residence in the community, employment history, financial
   78  resources, and mental condition.
   79         (d) Consider the defendant’s past and present conduct,
   80  including any record of convictions, previous flight to avoid
   81  prosecution, or failure to appear at court proceedings. However,
   82  any defendant who had failed to appear on the day of any
   83  required court proceeding in the case at issue, but who had
   84  later voluntarily appeared or surrendered, shall not be eligible
   85  for a recognizance bond; and any defendant who failed to appear
   86  on the day of any required court proceeding in the case at issue
   87  and who was later arrested shall not be eligible for a
   88  recognizance bond or for any form of bond which does not require
   89  a monetary undertaking or commitment equal to or greater than
   90  $2,000 or twice the value of the monetary commitment or
   91  undertaking of the original bond, whichever is greater.
   92  Notwithstanding anything in this section, the court has
   93  discretion in determining conditions of release if the defendant
   94  proves that circumstances beyond his or her control for resulted
   95  in the failure to appear. This section may not be construed as
   96  imposing additional duties or obligations on a governmental
   97  entity related to monetary bonds.
   98         (e) Consider the nature and probability of danger which the
   99  defendant’s release poses to the community.
  100         (f) The source of funds used to post bail or procure an
  101  appearance bond, particularly whether the proffered funds, real
  102  property, property, or any proposed collateral or bond premium
  103  may be linked to or derived from the crime alleged to have been
  104  committed or from any other criminal or illicit activities. The
  105  burden of establishing the noninvolvement in or nonderivation
  106  from criminal or other illicit activity of such proffered funds,
  107  real property, property, or any proposed collateral or bond
  108  premium falls upon the defendant or other person proffering them
  109  to obtain the defendant’s release.
  110         (g)Consider whether the defendant is already on release
  111  pending resolution of another criminal proceeding or on
  112  probation, parole, or other release pending completion of a
  113  sentence.
  114         (h) The street value of any drug or controlled substance
  115  connected to or involved in the criminal charge. It is the
  116  finding and intent of the Legislature that crimes involving
  117  drugs and other controlled substances are of serious social
  118  concern, that the flight of defendants to avoid prosecution is
  119  of similar serious social concern, and that frequently such
  120  defendants are able to post monetary bail using the proceeds of
  121  their unlawful enterprises to defeat the social utility of
  122  pretrial bail. Therefore, the courts should carefully consider
  123  the utility and necessity of substantial bail in relation to the
  124  street value of the drugs or controlled substances involved.
  125         (g)(i)Consider the nature and probability of intimidation
  126  and danger to victims.
  127         (h)(j)Consider whether there is probable cause to believe
  128  that the defendant committed a new crime while on pretrial
  129  release.
  130         (i)(k)Consider any other facts that the court considers
  131  relevant.
  132         (j)(l)Consider whether the crime charged is a violation of
  133  chapter 874 or alleged to be subject to enhanced punishment
  134  under chapter 874 or reclassification under s. 843.22. If any
  135  such violation is charged against a defendant or if the
  136  defendant is charged with a crime that is alleged to be subject
  137  to such enhancement or reclassification, he or she is not
  138  eligible for release on bail or surety bond until the first
  139  appearance on the case in order to ensure the full participation
  140  of the prosecutor and the protection of the public.
  141         (k)(m)Consider whether the defendant, other than a
  142  defendant whose only criminal charge is a misdemeanor offense
  143  under chapter 316, is required to register as a sexual offender
  144  under s. 943.0435 or a sexual predator under s. 775.21; and, if
  145  so, he or she is not eligible for release on bail or surety bond
  146  until the first appearance on the case in order to ensure the
  147  full participation of the prosecutor and the protection of the
  148  public.
  149         (l) Impose the least restrictive conditions or combination
  150  of conditions necessary to reasonably assure the appearance of
  151  the accused, the safety of any person or the community, and the
  152  integrity of judicial proceedings.
  153         Section 2. Subsections (1) and (3) and paragraphs (a), (b),
  154  (c), (g), (i), and (l) of subsection (4) of section 907.041,
  155  Florida Statutes, are amended to read:
  156         907.041 Pretrial detention and release.—
  157         (1) LEGISLATIVE INTENT.—It is the policy of this state that
  158  persons who pose committing serious criminal offenses, posing a
  159  threat to the safety of the community which cannot be
  160  sufficiently mitigated by nonmonetary conditions of release or
  161  the integrity of the judicial process, or failing to appear at
  162  trial be detained upon arrest. In contrast However, persons not
  163  posing a threat to the safety of the community found to meet
  164  specified criteria shall be released until under certain
  165  conditions until proceedings are concluded and adjudication has
  166  been determined. The Legislature finds that this policy of
  167  pretrial detention and release will assure the detention of
  168  those persons posing a threat to society while reducing the
  169  costs for incarceration by releasing, until trial, those persons
  170  not considered a danger to the community who meet certain
  171  criteria. It is the intent of the Legislature that the primary
  172  consideration for detaining an individual is whether the
  173  individual presents a be the protection of the community from
  174  risk of physical harm to persons.
  175         (3) RELEASE ON NONMONETARY CONDITIONS.—
  176         (a) It is the intent of the Legislature that individuals
  177  arrested for a crime who do not pose a threat to the safety of
  178  the community shall be released to create a presumption in favor
  179  of release on nonmonetary conditions while they await trial for
  180  any person who is granted pretrial release unless such person is
  181  charged with a dangerous crime as defined in subsection (4).
  182  Such person shall be released on monetary conditions if it is
  183  determined that such monetary conditions are necessary to assure
  184  the presence of the person at trial or at other proceedings, to
  185  protect the community from risk of physical harm to persons, to
  186  assure the presence of the accused at trial, or to assure the
  187  integrity of the judicial process.
  188         (b) No person shall be released on nonmonetary conditions
  189  under the supervision of a pretrial release service, unless the
  190  service certifies to the court that it has investigated or
  191  otherwise verified:
  192         1. The circumstances of the accused’s family, employment,
  193  financial resources, character, mental condition, and length of
  194  residence in the community;
  195         2. The accused’s record of convictions, of appearances at
  196  court proceedings, of flight to avoid prosecution, or of failure
  197  to appear at court proceedings; and
  198         3. Other facts necessary to assist the court in its
  199  determination of the indigency of the accused and whether she or
  200  he should be released under the supervision of the service.
  201         (4) PRETRIAL DETENTION.—
  202         (a) A person charged with a dangerous crime, as defined in
  203  paragraph (b), may not be granted pretrial release at a first
  204  appearance hearing; however, the court may release the accused
  205  person on electronic monitoring or on recognizance bond if the
  206  findings on the record of facts and circumstances warrant such a
  207  release.
  208         (b) As used in this subsection, “dangerous crime” means any
  209  of the following:
  210         1. Arson;
  211         2. Aggravated assault with a deadly weapon;
  212         2.3. Aggravated battery;
  213         4. Illegal use of explosives;
  214         3.5. Child abuse or aggravated child abuse;
  215         4.6.Abuse of an elderly person or disabled adult, or
  216  Aggravated abuse of an elderly person or a disabled adult;
  217         5.7. Aircraft piracy;
  218         6.8. Kidnapping;
  219         7.9. Homicide;
  220         8.10. Manslaughter;
  221         9.11. Sexual battery;
  222         10.12.Armed robbery;
  223         11.13. Carjacking;
  224         12.14. Lewd, lascivious, or indecent assault or act upon or
  225  in presence of a child under the age of 16 years;
  226         13.15. Sexual activity with a child, who is 12 years of age
  227  or older but less than 18 years of age, by or at solicitation of
  228  a person in familial or custodial authority;
  229         14.16.Armed burglary of an occupied a dwelling, structure,
  230  or conveyance;
  231         15.17. Stalking and aggravated stalking;
  232         16.18.An act of domestic violence as defined in s. 741.28;
  233         17.19. Home invasion robbery;
  234         18.20.An act of terrorism as defined in s. 775.30; and
  235         21. Manufacturing any substances in violation of chapter
  236  893;
  237         22. Attempting or conspiring to commit any such crime; and
  238         19.23. Human trafficking.
  239         (b) No person charged with a dangerous crime shall be
  240  granted nonmonetary pretrial release at a first appearance
  241  hearing; however, the court shall retain the discretion to
  242  release an accused on electronic monitoring or on recognizance
  243  bond if the findings on the record of facts and circumstances
  244  warrant such a release.
  245         (c) The court may order pretrial detention if it finds a
  246  substantial probability, based on a defendant’s past and present
  247  patterns of behavior, the criteria in s. 903.046, and any other
  248  relevant facts, that any of the following circumstances exist:
  249         1. The defendant has previously violated conditions of
  250  release and that no further conditions of release are reasonably
  251  likely to assure the defendant’s appearance at subsequent
  252  proceedings;
  253         2. The defendant, with the intent to obstruct the judicial
  254  process, has threatened, intimidated, or injured any victim,
  255  potential witness, juror, or judicial officer, or has attempted
  256  or conspired to do so, and that no condition of release will
  257  reasonably prevent the obstruction of the judicial process;
  258         3. The defendant is charged with trafficking in controlled
  259  substances as defined by s. 893.135, that there is a substantial
  260  probability that the defendant has committed the offense, and
  261  that no conditions of release will reasonably assure the
  262  defendant’s appearance at subsequent criminal proceedings;
  263         4. The defendant is charged with DUI manslaughter, as
  264  defined by s. 316.193, and that there is a substantial
  265  probability that the defendant committed the crime and that the
  266  defendant poses a threat of harm to the community; conditions
  267  that would support a finding by the court pursuant to this
  268  subparagraph that the defendant poses a threat of harm to the
  269  community include, but are not limited to, any of the following:
  270         a. The defendant has previously been convicted of any crime
  271  under s. 316.193, or of any crime in any other state or
  272  territory of the United States that is substantially similar to
  273  any crime under s. 316.193;
  274         b. The defendant was driving with a suspended driver
  275  license when the charged crime was committed; or
  276         c. The defendant has previously been found guilty of, or
  277  has had adjudication of guilt withheld for, driving while the
  278  defendant’s driver license was suspended or revoked in violation
  279  of s. 322.34;
  280         3.5. The defendant poses the threat of harm to the
  281  community. The court may so conclude, if it finds that the
  282  defendant is presently charged with a dangerous crime as defined
  283  in paragraph (b), that there is a substantial probability that
  284  the defendant committed the such crime, that the factual
  285  circumstances of the crime indicate a disregard for the safety
  286  of the community, and that there are no conditions of release
  287  reasonably sufficient to protect the community from the risk of
  288  physical harm to persons;
  289         4.6. The defendant was on probation, parole, or other
  290  release pending completion of sentence or on pretrial release
  291  for a dangerous crime at the time the current offense was
  292  committed;
  293         5.7. The defendant has violated one or more conditions of
  294  pretrial release or bond for the offense currently before the
  295  court and the violation, in the discretion of the court,
  296  supports a finding that no conditions of release can reasonably
  297  protect the community from risk of physical harm to persons or
  298  assure the presence of the accused at trial; or
  299         6.a.8.a. The defendant has ever been sentenced pursuant to
  300  s. 775.082(9) or s. 775.084 as a prison releasee reoffender,
  301  habitual violent felony offender, three-time violent felony
  302  offender, or violent career criminal, or the state attorney
  303  files a notice seeking that the defendant be sentenced pursuant
  304  to s. 775.082(9) or s. 775.084, as a prison releasee reoffender,
  305  habitual violent felony offender, three-time violent felony
  306  offender, or violent career criminal;
  307         b. There is a substantial probability that the defendant
  308  committed the offense; and
  309         c. There are no conditions of release that can reasonably
  310  protect the community from risk of physical harm or ensure the
  311  presence of the accused at trial.
  312         (g) The state attorney has the burden of showing the need
  313  for pretrial detention by clear and convincing evidence.
  314         (i) The pretrial detention order of the court shall be
  315  based solely upon evidence produced at the hearing and shall
  316  contain written findings of fact and conclusions of law to
  317  support it. The order shall be made either in writing or orally
  318  on the record. The court shall render its findings within 24
  319  hours after of the pretrial detention hearing.
  320         (l) The Legislature finds that a person who manufactures
  321  any substances in violation of chapter 893 poses a threat of
  322  harm to the community and that the factual circumstances of such
  323  a crime indicate a disregard for the safety of the community.
  324  The court shall order pretrial detention if the court finds that
  325  there is a substantial probability that a defendant charged with
  326  manufacturing any substances in violation of chapter 893
  327  committed such a crime and if the court finds that there are no
  328  conditions of release reasonably sufficient to protect the
  329  community from the risk of physical harm to persons.
  330         Section 3. Paragraph (c) of subsection (2) of section
  331  790.065, Florida Statutes, is amended to read:
  332         790.065 Sale and delivery of firearms.—
  333         (2) Upon receipt of a request for a criminal history record
  334  check, the Department of Law Enforcement shall, during the
  335  licensee’s call or by return call, forthwith:
  336         (c)1. Review any records available to it to determine
  337  whether the potential buyer or transferee has been indicted or
  338  has had an information filed against her or him for an offense
  339  that is a felony under either state or federal law, or, as
  340  mandated by federal law, has had an injunction for protection
  341  against domestic violence entered against the potential buyer or
  342  transferee under s. 741.30, has had an injunction for protection
  343  against repeat violence entered against the potential buyer or
  344  transferee under s. 784.046, or has been arrested for a
  345  dangerous crime as specified in s. 907.041(4)(b) s.
  346  907.041(4)(a) or for any of the following enumerated offenses:
  347         a. Criminal anarchy under ss. 876.01 and 876.02.
  348         b. Extortion under s. 836.05.
  349         c. Explosives violations under s. 552.22(1) and (2).
  350         d. Controlled substances violations under chapter 893.
  351         e. Resisting an officer with violence under s. 843.01.
  352         f. Weapons and firearms violations under this chapter.
  353         g. Treason under s. 876.32.
  354         h. Assisting self-murder under s. 782.08.
  355         i. Sabotage under s. 876.38.
  356         j. Stalking or aggravated stalking under s. 784.048.
  357  
  358  If the review indicates any such indictment, information, or
  359  arrest, the department shall provide to the licensee a
  360  conditional nonapproval number.
  361         2. Within 24 working hours, the department shall determine
  362  the disposition of the indictment, information, or arrest and
  363  inform the licensee as to whether the potential buyer is
  364  prohibited from receiving or possessing a firearm. For purposes
  365  of this paragraph, “working hours” means the hours from 8 a.m.
  366  to 5 p.m. Monday through Friday, excluding legal holidays.
  367         3. The office of the clerk of court, at no charge to the
  368  department, shall respond to any department request for data on
  369  the disposition of the indictment, information, or arrest as
  370  soon as possible, but in no event later than 8 working hours.
  371         4. The department shall determine as quickly as possible
  372  within the allotted time period whether the potential buyer is
  373  prohibited from receiving or possessing a firearm.
  374         5. If the potential buyer is not so prohibited, or if the
  375  department cannot determine the disposition information within
  376  the allotted time period, the department shall provide the
  377  licensee with a conditional approval number.
  378         6. If the buyer is so prohibited, the conditional
  379  nonapproval number shall become a nonapproval number.
  380         7. The department shall continue its attempts to obtain the
  381  disposition information and may retain a record of all approval
  382  numbers granted without sufficient disposition information. If
  383  the department later obtains disposition information which
  384  indicates:
  385         a. That the potential buyer is not prohibited from owning a
  386  firearm, it shall treat the record of the transaction in
  387  accordance with this section; or
  388         b. That the potential buyer is prohibited from owning a
  389  firearm, it shall immediately revoke the conditional approval
  390  number and notify local law enforcement.
  391         8. During the time that disposition of the indictment,
  392  information, or arrest is pending and until the department is
  393  notified by the potential buyer that there has been a final
  394  disposition of the indictment, information, or arrest, the
  395  conditional nonapproval number shall remain in effect.
  396         Section 4. For the purpose of incorporating the amendment
  397  made by this act to section 907.041, Florida Statutes, in a
  398  reference thereto, section 943.0585, Florida Statutes, is
  399  reenacted to read:
  400         943.0585 Court-ordered expunction of criminal history
  401  records.—The courts of this state have jurisdiction over their
  402  own procedures, including the maintenance, expunction, and
  403  correction of judicial records containing criminal history
  404  information to the extent such procedures are not inconsistent
  405  with the conditions, responsibilities, and duties established by
  406  this section. Any court of competent jurisdiction may order a
  407  criminal justice agency to expunge the criminal history record
  408  of a minor or an adult who complies with the requirements of
  409  this section. The court shall not order a criminal justice
  410  agency to expunge a criminal history record until the person
  411  seeking to expunge a criminal history record has applied for and
  412  received a certificate of eligibility for expunction pursuant to
  413  subsection (2) or subsection (5). A criminal history record that
  414  relates to a violation of s. 393.135, s. 394.4593, s. 787.025,
  415  chapter 794, former s. 796.03, s. 800.04, s. 810.14, s. 817.034,
  416  s. 825.1025, s. 827.071, chapter 839, s. 847.0133, s. 847.0135,
  417  s. 847.0145, s. 893.135, s. 916.1075, a violation enumerated in
  418  s. 907.041, or any violation specified as a predicate offense
  419  for registration as a sexual predator pursuant to s. 775.21,
  420  without regard to whether that offense alone is sufficient to
  421  require such registration, or for registration as a sexual
  422  offender pursuant to s. 943.0435, may not be expunged, without
  423  regard to whether adjudication was withheld, if the defendant
  424  was found guilty of or pled guilty or nolo contendere to the
  425  offense, or if the defendant, as a minor, was found to have
  426  committed, or pled guilty or nolo contendere to committing, the
  427  offense as a delinquent act. The court may only order expunction
  428  of a criminal history record pertaining to one arrest or one
  429  incident of alleged criminal activity, except as provided in
  430  this section. The court may, at its sole discretion, order the
  431  expunction of a criminal history record pertaining to more than
  432  one arrest if the additional arrests directly relate to the
  433  original arrest. If the court intends to order the expunction of
  434  records pertaining to such additional arrests, such intent must
  435  be specified in the order. A criminal justice agency may not
  436  expunge any record pertaining to such additional arrests if the
  437  order to expunge does not articulate the intention of the court
  438  to expunge a record pertaining to more than one arrest. This
  439  section does not prevent the court from ordering the expunction
  440  of only a portion of a criminal history record pertaining to one
  441  arrest or one incident of alleged criminal activity.
  442  Notwithstanding any law to the contrary, a criminal justice
  443  agency may comply with laws, court orders, and official requests
  444  of other jurisdictions relating to expunction, correction, or
  445  confidential handling of criminal history records or information
  446  derived therefrom. This section does not confer any right to the
  447  expunction of any criminal history record, and any request for
  448  expunction of a criminal history record may be denied at the
  449  sole discretion of the court.
  450         (1) PETITION TO EXPUNGE A CRIMINAL HISTORY RECORD.—Each
  451  petition to a court to expunge a criminal history record is
  452  complete only when accompanied by:
  453         (a) A valid certificate of eligibility for expunction
  454  issued by the department pursuant to subsection (2).
  455         (b) The petitioner’s sworn statement attesting that the
  456  petitioner:
  457         1. Has never, prior to the date on which the petition is
  458  filed, been adjudicated guilty of a criminal offense or
  459  comparable ordinance violation, or been adjudicated delinquent
  460  for committing any felony or a misdemeanor specified in s.
  461  943.051(3)(b).
  462         2. Has not been adjudicated guilty of, or adjudicated
  463  delinquent for committing, any of the acts stemming from the
  464  arrest or alleged criminal activity to which the petition
  465  pertains.
  466         3. Has never secured a prior sealing or expunction of a
  467  criminal history record under this section, s. 943.059, former
  468  s. 893.14, former s. 901.33, or former s. 943.058, unless
  469  expunction is sought of a criminal history record previously
  470  sealed for 10 years pursuant to paragraph (2)(h) and the record
  471  is otherwise eligible for expunction.
  472         4. Is eligible for such an expunction to the best of his or
  473  her knowledge or belief and does not have any other petition to
  474  expunge or any petition to seal pending before any court.
  475  
  476  Any person who knowingly provides false information on such
  477  sworn statement to the court commits a felony of the third
  478  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  479  775.084.
  480         (2) CERTIFICATE OF ELIGIBILITY FOR EXPUNCTION.—Prior to
  481  petitioning the court to expunge a criminal history record, a
  482  person seeking to expunge a criminal history record shall apply
  483  to the department for a certificate of eligibility for
  484  expunction. The department shall, by rule adopted pursuant to
  485  chapter 120, establish procedures pertaining to the application
  486  for and issuance of certificates of eligibility for expunction.
  487  A certificate of eligibility for expunction is valid for 12
  488  months after the date stamped on the certificate when issued by
  489  the department. After that time, the petitioner must reapply to
  490  the department for a new certificate of eligibility. Eligibility
  491  for a renewed certification of eligibility must be based on the
  492  status of the applicant and the law in effect at the time of the
  493  renewal application. The department shall issue a certificate of
  494  eligibility for expunction to a person who is the subject of a
  495  criminal history record if that person:
  496         (a) Has obtained, and submitted to the department, a
  497  written, certified statement from the appropriate state attorney
  498  or statewide prosecutor which indicates:
  499         1. That an indictment, information, or other charging
  500  document was not filed or issued in the case.
  501         2. That an indictment, information, or other charging
  502  document, if filed or issued in the case, was dismissed or nolle
  503  prosequi by the state attorney or statewide prosecutor, or was
  504  dismissed by a court of competent jurisdiction, and that none of
  505  the charges related to the arrest or alleged criminal activity
  506  to which the petition to expunge pertains resulted in a trial,
  507  without regard to whether the outcome of the trial was other
  508  than an adjudication of guilt.
  509         3. That the criminal history record does not relate to a
  510  violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794,
  511  former s. 796.03, s. 800.04, s. 810.14, s. 817.034, s. 825.1025,
  512  s. 827.071, chapter 839, s. 847.0133, s. 847.0135, s. 847.0145,
  513  s. 893.135, s. 916.1075, a violation enumerated in s. 907.041,
  514  or any violation specified as a predicate offense for
  515  registration as a sexual predator pursuant to s. 775.21, without
  516  regard to whether that offense alone is sufficient to require
  517  such registration, or for registration as a sexual offender
  518  pursuant to s. 943.0435, where the defendant was found guilty
  519  of, or pled guilty or nolo contendere to any such offense, or
  520  that the defendant, as a minor, was found to have committed, or
  521  pled guilty or nolo contendere to committing, such an offense as
  522  a delinquent act, without regard to whether adjudication was
  523  withheld.
  524         (b) Remits a $75 processing fee to the department for
  525  placement in the Department of Law Enforcement Operating Trust
  526  Fund, unless such fee is waived by the executive director.
  527         (c) Has submitted to the department a certified copy of the
  528  disposition of the charge to which the petition to expunge
  529  pertains.
  530         (d) Has never, prior to the date on which the application
  531  for a certificate of eligibility is filed, been adjudicated
  532  guilty of a criminal offense or comparable ordinance violation,
  533  or been adjudicated delinquent for committing any felony or a
  534  misdemeanor specified in s. 943.051(3)(b).
  535         (e) Has not been adjudicated guilty of, or adjudicated
  536  delinquent for committing, any of the acts stemming from the
  537  arrest or alleged criminal activity to which the petition to
  538  expunge pertains.
  539         (f) Has never secured a prior sealing or expunction of a
  540  criminal history record under this section, s. 943.059, former
  541  s. 893.14, former s. 901.33, or former s. 943.058, unless
  542  expunction is sought of a criminal history record previously
  543  sealed for 10 years pursuant to paragraph (h) and the record is
  544  otherwise eligible for expunction.
  545         (g) Is no longer under court supervision applicable to the
  546  disposition of the arrest or alleged criminal activity to which
  547  the petition to expunge pertains.
  548         (h) Has previously obtained a court order sealing the
  549  record under this section, former s. 893.14, former s. 901.33,
  550  or former s. 943.058 for a minimum of 10 years because
  551  adjudication was withheld or because all charges related to the
  552  arrest or alleged criminal activity to which the petition to
  553  expunge pertains were not dismissed prior to trial, without
  554  regard to whether the outcome of the trial was other than an
  555  adjudication of guilt. The requirement for the record to have
  556  previously been sealed for a minimum of 10 years does not apply
  557  when a plea was not entered or all charges related to the arrest
  558  or alleged criminal activity to which the petition to expunge
  559  pertains were dismissed prior to trial.
  560         (3) PROCESSING OF A PETITION OR ORDER TO EXPUNGE.—
  561         (a) In judicial proceedings under this section, a copy of
  562  the completed petition to expunge shall be served upon the
  563  appropriate state attorney or the statewide prosecutor and upon
  564  the arresting agency; however, it is not necessary to make any
  565  agency other than the state a party. The appropriate state
  566  attorney or the statewide prosecutor and the arresting agency
  567  may respond to the court regarding the completed petition to
  568  expunge.
  569         (b) If relief is granted by the court, the clerk of the
  570  court shall certify copies of the order to the appropriate state
  571  attorney or the statewide prosecutor and the arresting agency.
  572  The arresting agency is responsible for forwarding the order to
  573  any other agency to which the arresting agency disseminated the
  574  criminal history record information to which the order pertains.
  575  The department shall forward the order to expunge to the Federal
  576  Bureau of Investigation. The clerk of the court shall certify a
  577  copy of the order to any other agency which the records of the
  578  court reflect has received the criminal history record from the
  579  court.
  580         (c) For an order to expunge entered by a court prior to
  581  July 1, 1992, the department shall notify the appropriate state
  582  attorney or statewide prosecutor of an order to expunge which is
  583  contrary to law because the person who is the subject of the
  584  record has previously been convicted of a crime or comparable
  585  ordinance violation or has had a prior criminal history record
  586  sealed or expunged. Upon receipt of such notice, the appropriate
  587  state attorney or statewide prosecutor shall take action, within
  588  60 days, to correct the record and petition the court to void
  589  the order to expunge. The department shall seal the record until
  590  such time as the order is voided by the court.
  591         (d) On or after July 1, 1992, the department or any other
  592  criminal justice agency is not required to act on an order to
  593  expunge entered by a court when such order does not comply with
  594  the requirements of this section. Upon receipt of such an order,
  595  the department must notify the issuing court, the appropriate
  596  state attorney or statewide prosecutor, the petitioner or the
  597  petitioner’s attorney, and the arresting agency of the reason
  598  for noncompliance. The appropriate state attorney or statewide
  599  prosecutor shall take action within 60 days to correct the
  600  record and petition the court to void the order. No cause of
  601  action, including contempt of court, shall arise against any
  602  criminal justice agency for failure to comply with an order to
  603  expunge when the petitioner for such order failed to obtain the
  604  certificate of eligibility as required by this section or such
  605  order does not otherwise comply with the requirements of this
  606  section.
  607         (4) EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.—Any
  608  criminal history record of a minor or an adult which is ordered
  609  expunged by a court of competent jurisdiction pursuant to this
  610  section must be physically destroyed or obliterated by any
  611  criminal justice agency having custody of such record; except
  612  that any criminal history record in the custody of the
  613  department must be retained in all cases. A criminal history
  614  record ordered expunged that is retained by the department is
  615  confidential and exempt from the provisions of s. 119.07(1) and
  616  s. 24(a), Art. I of the State Constitution and not available to
  617  any person or entity except upon order of a court of competent
  618  jurisdiction. A criminal justice agency may retain a notation
  619  indicating compliance with an order to expunge.
  620         (a) The person who is the subject of a criminal history
  621  record that is expunged under this section or under other
  622  provisions of law, including former s. 893.14, former s. 901.33,
  623  and former s. 943.058, may lawfully deny or fail to acknowledge
  624  the arrests covered by the expunged record, except when the
  625  subject of the record:
  626         1. Is a candidate for employment with a criminal justice
  627  agency;
  628         2. Is a defendant in a criminal prosecution;
  629         3. Concurrently or subsequently petitions for relief under
  630  this section, s. 943.0583, or s. 943.059;
  631         4. Is a candidate for admission to The Florida Bar;
  632         5. Is seeking to be employed or licensed by or to contract
  633  with the Department of Children and Families, the Division of
  634  Vocational Rehabilitation within the Department of Education,
  635  the Agency for Health Care Administration, the Agency for
  636  Persons with Disabilities, the Department of Health, the
  637  Department of Elderly Affairs, or the Department of Juvenile
  638  Justice or to be employed or used by such contractor or licensee
  639  in a sensitive position having direct contact with children, the
  640  disabled, or the elderly;
  641         6. Is seeking to be employed or licensed by the Department
  642  of Education, any district school board, any university
  643  laboratory school, any charter school, any private or parochial
  644  school, or any local governmental entity that licenses child
  645  care facilities;
  646         7. Is seeking to be licensed by the Division of Insurance
  647  Agent and Agency Services within the Department of Financial
  648  Services; or
  649         8. Is seeking to be appointed as a guardian pursuant to s.
  650  744.3125.
  651         (b) Subject to the exceptions in paragraph (a), a person
  652  who has been granted an expunction under this section, former s.
  653  893.14, former s. 901.33, or former s. 943.058 may not be held
  654  under any provision of law of this state to commit perjury or to
  655  be otherwise liable for giving a false statement by reason of
  656  such person’s failure to recite or acknowledge an expunged
  657  criminal history record.
  658         (c) Information relating to the existence of an expunged
  659  criminal history record which is provided in accordance with
  660  paragraph (a) is confidential and exempt from the provisions of
  661  s. 119.07(1) and s. 24(a), Art. I of the State Constitution,
  662  except that the department shall disclose the existence of a
  663  criminal history record ordered expunged to the entities set
  664  forth in subparagraphs (a)1., 4., 5., 6., 7., and 8. for their
  665  respective licensing, access authorization, and employment
  666  purposes, and to criminal justice agencies for their respective
  667  criminal justice purposes. It is unlawful for any employee of an
  668  entity set forth in subparagraph (a)1., subparagraph (a)4.,
  669  subparagraph (a)5., subparagraph (a)6., subparagraph (a)7., or
  670  subparagraph (a)8. to disclose information relating to the
  671  existence of an expunged criminal history record of a person
  672  seeking employment, access authorization, or licensure with such
  673  entity or contractor, except to the person to whom the criminal
  674  history record relates or to persons having direct
  675  responsibility for employment, access authorization, or
  676  licensure decisions. Any person who violates this paragraph
  677  commits a misdemeanor of the first degree, punishable as
  678  provided in s. 775.082 or s. 775.083.
  679         (5) EXCEPTION FOR LAWFUL SELF-DEFENSE.—Notwithstanding the
  680  eligibility requirements prescribed in paragraph (1)(b) and
  681  subsection (2), the department shall issue a certificate of
  682  eligibility for expunction under this subsection to a person who
  683  is the subject of a criminal history record if that person:
  684         (a) Has obtained, and submitted to the department, on a
  685  form provided by the department, a written, certified statement
  686  from the appropriate state attorney or statewide prosecutor
  687  which states whether an information, indictment, or other
  688  charging document was not filed or was dismissed by the state
  689  attorney, or dismissed by the court, because it was found that
  690  the person acted in lawful self-defense pursuant to the
  691  provisions related to justifiable use of force in chapter 776.
  692         (b) Each petition to a court to expunge a criminal history
  693  record pursuant to this subsection is complete only when
  694  accompanied by:
  695         1. A valid certificate of eligibility for expunction issued
  696  by the department pursuant to this subsection.
  697         2. The petitioner’s sworn statement attesting that the
  698  petitioner is eligible for such an expunction to the best of his
  699  or her knowledge or belief.
  700  
  701  Any person who knowingly provides false information on such
  702  sworn statement to the court commits a felony of the third
  703  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  704  775.084.
  705         (c) This subsection does not confer any right to the
  706  expunction of a criminal history record, and any request for
  707  expunction of a criminal history record may be denied at the
  708  discretion of the court.
  709         (d) Subsections (3) and (4) shall apply to expunction
  710  ordered under this subsection.
  711         (e) The department shall, by rule adopted pursuant to
  712  chapter 120, establish procedures pertaining to the application
  713  for and issuance of certificates of eligibility for expunction
  714  under this subsection.
  715         (6) STATUTORY REFERENCES.—Any reference to any other
  716  chapter, section, or subdivision of the Florida Statutes in this
  717  section constitutes a general reference under the doctrine of
  718  incorporation by reference.
  719         Section 5. For the purpose of incorporating the amendment
  720  made by this act to section 907.041, Florida Statutes, in a
  721  reference thereto, section 943.059, Florida Statutes, is
  722  reenacted to read:
  723         943.059 Court-ordered sealing of criminal history records.
  724  The courts of this state shall continue to have jurisdiction
  725  over their own procedures, including the maintenance, sealing,
  726  and correction of judicial records containing criminal history
  727  information to the extent such procedures are not inconsistent
  728  with the conditions, responsibilities, and duties established by
  729  this section. Any court of competent jurisdiction may order a
  730  criminal justice agency to seal the criminal history record of a
  731  minor or an adult who complies with the requirements of this
  732  section. The court shall not order a criminal justice agency to
  733  seal a criminal history record until the person seeking to seal
  734  a criminal history record has applied for and received a
  735  certificate of eligibility for sealing pursuant to subsection
  736  (2). A criminal history record that relates to a violation of s.
  737  393.135, s. 394.4593, s. 787.025, chapter 794, former s. 796.03,
  738  s. 800.04, s. 810.14, s. 817.034, s. 825.1025, s. 827.071,
  739  chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s. 893.135,
  740  s. 916.1075, a violation enumerated in s. 907.041, or any
  741  violation specified as a predicate offense for registration as a
  742  sexual predator pursuant to s. 775.21, without regard to whether
  743  that offense alone is sufficient to require such registration,
  744  or for registration as a sexual offender pursuant to s.
  745  943.0435, may not be sealed, without regard to whether
  746  adjudication was withheld, if the defendant was found guilty of
  747  or pled guilty or nolo contendere to the offense, or if the
  748  defendant, as a minor, was found to have committed or pled
  749  guilty or nolo contendere to committing the offense as a
  750  delinquent act. The court may only order sealing of a criminal
  751  history record pertaining to one arrest or one incident of
  752  alleged criminal activity, except as provided in this section.
  753  The court may, at its sole discretion, order the sealing of a
  754  criminal history record pertaining to more than one arrest if
  755  the additional arrests directly relate to the original arrest.
  756  If the court intends to order the sealing of records pertaining
  757  to such additional arrests, such intent must be specified in the
  758  order. A criminal justice agency may not seal any record
  759  pertaining to such additional arrests if the order to seal does
  760  not articulate the intention of the court to seal records
  761  pertaining to more than one arrest. This section does not
  762  prevent the court from ordering the sealing of only a portion of
  763  a criminal history record pertaining to one arrest or one
  764  incident of alleged criminal activity. Notwithstanding any law
  765  to the contrary, a criminal justice agency may comply with laws,
  766  court orders, and official requests of other jurisdictions
  767  relating to sealing, correction, or confidential handling of
  768  criminal history records or information derived therefrom. This
  769  section does not confer any right to the sealing of any criminal
  770  history record, and any request for sealing a criminal history
  771  record may be denied at the sole discretion of the court.
  772         (1) PETITION TO SEAL A CRIMINAL HISTORY RECORD.—Each
  773  petition to a court to seal a criminal history record is
  774  complete only when accompanied by:
  775         (a) A valid certificate of eligibility for sealing issued
  776  by the department pursuant to subsection (2).
  777         (b) The petitioner’s sworn statement attesting that the
  778  petitioner:
  779         1. Has never, prior to the date on which the petition is
  780  filed, been adjudicated guilty of a criminal offense or
  781  comparable ordinance violation, or been adjudicated delinquent
  782  for committing any felony or a misdemeanor specified in s.
  783  943.051(3)(b).
  784         2. Has not been adjudicated guilty of or adjudicated
  785  delinquent for committing any of the acts stemming from the
  786  arrest or alleged criminal activity to which the petition to
  787  seal pertains.
  788         3. Has never secured a prior sealing or expunction of a
  789  criminal history record under this section, s. 943.0585, former
  790  s. 893.14, former s. 901.33, or former s. 943.058.
  791         4. Is eligible for such a sealing to the best of his or her
  792  knowledge or belief and does not have any other petition to seal
  793  or any petition to expunge pending before any court.
  794  
  795  Any person who knowingly provides false information on such
  796  sworn statement to the court commits a felony of the third
  797  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  798  775.084.
  799         (2) CERTIFICATE OF ELIGIBILITY FOR SEALING.—Prior to
  800  petitioning the court to seal a criminal history record, a
  801  person seeking to seal a criminal history record shall apply to
  802  the department for a certificate of eligibility for sealing. The
  803  department shall, by rule adopted pursuant to chapter 120,
  804  establish procedures pertaining to the application for and
  805  issuance of certificates of eligibility for sealing. A
  806  certificate of eligibility for sealing is valid for 12 months
  807  after the date stamped on the certificate when issued by the
  808  department. After that time, the petitioner must reapply to the
  809  department for a new certificate of eligibility. Eligibility for
  810  a renewed certification of eligibility must be based on the
  811  status of the applicant and the law in effect at the time of the
  812  renewal application. The department shall issue a certificate of
  813  eligibility for sealing to a person who is the subject of a
  814  criminal history record provided that such person:
  815         (a) Has submitted to the department a certified copy of the
  816  disposition of the charge to which the petition to seal
  817  pertains.
  818         (b) Remits a $75 processing fee to the department for
  819  placement in the Department of Law Enforcement Operating Trust
  820  Fund, unless such fee is waived by the executive director.
  821         (c) Has never, prior to the date on which the application
  822  for a certificate of eligibility is filed, been adjudicated
  823  guilty of a criminal offense or comparable ordinance violation,
  824  or been adjudicated delinquent for committing any felony or a
  825  misdemeanor specified in s. 943.051(3)(b).
  826         (d) Has not been adjudicated guilty of or adjudicated
  827  delinquent for committing any of the acts stemming from the
  828  arrest or alleged criminal activity to which the petition to
  829  seal pertains.
  830         (e) Has never secured a prior sealing or expunction of a
  831  criminal history record under this section, s. 943.0585, former
  832  s. 893.14, former s. 901.33, or former s. 943.058.
  833         (f) Is no longer under court supervision applicable to the
  834  disposition of the arrest or alleged criminal activity to which
  835  the petition to seal pertains.
  836         (3) PROCESSING OF A PETITION OR ORDER TO SEAL.—
  837         (a) In judicial proceedings under this section, a copy of
  838  the completed petition to seal shall be served upon the
  839  appropriate state attorney or the statewide prosecutor and upon
  840  the arresting agency; however, it is not necessary to make any
  841  agency other than the state a party. The appropriate state
  842  attorney or the statewide prosecutor and the arresting agency
  843  may respond to the court regarding the completed petition to
  844  seal.
  845         (b) If relief is granted by the court, the clerk of the
  846  court shall certify copies of the order to the appropriate state
  847  attorney or the statewide prosecutor and to the arresting
  848  agency. The arresting agency is responsible for forwarding the
  849  order to any other agency to which the arresting agency
  850  disseminated the criminal history record information to which
  851  the order pertains. The department shall forward the order to
  852  seal to the Federal Bureau of Investigation. The clerk of the
  853  court shall certify a copy of the order to any other agency
  854  which the records of the court reflect has received the criminal
  855  history record from the court.
  856         (c) For an order to seal entered by a court prior to July
  857  1, 1992, the department shall notify the appropriate state
  858  attorney or statewide prosecutor of any order to seal which is
  859  contrary to law because the person who is the subject of the
  860  record has previously been convicted of a crime or comparable
  861  ordinance violation or has had a prior criminal history record
  862  sealed or expunged. Upon receipt of such notice, the appropriate
  863  state attorney or statewide prosecutor shall take action, within
  864  60 days, to correct the record and petition the court to void
  865  the order to seal. The department shall seal the record until
  866  such time as the order is voided by the court.
  867         (d) On or after July 1, 1992, the department or any other
  868  criminal justice agency is not required to act on an order to
  869  seal entered by a court when such order does not comply with the
  870  requirements of this section. Upon receipt of such an order, the
  871  department must notify the issuing court, the appropriate state
  872  attorney or statewide prosecutor, the petitioner or the
  873  petitioner’s attorney, and the arresting agency of the reason
  874  for noncompliance. The appropriate state attorney or statewide
  875  prosecutor shall take action within 60 days to correct the
  876  record and petition the court to void the order. No cause of
  877  action, including contempt of court, shall arise against any
  878  criminal justice agency for failure to comply with an order to
  879  seal when the petitioner for such order failed to obtain the
  880  certificate of eligibility as required by this section or when
  881  such order does not comply with the requirements of this
  882  section.
  883         (e) An order sealing a criminal history record pursuant to
  884  this section does not require that such record be surrendered to
  885  the court, and such record shall continue to be maintained by
  886  the department and other criminal justice agencies.
  887         (4) EFFECT OF CRIMINAL HISTORY RECORD SEALING.—A criminal
  888  history record of a minor or an adult which is ordered sealed by
  889  a court pursuant to this section is confidential and exempt from
  890  the provisions of s. 119.07(1) and s. 24(a), Art. I of the State
  891  Constitution and is available only to the person who is the
  892  subject of the record, to the subject’s attorney, to criminal
  893  justice agencies for their respective criminal justice purposes,
  894  which include conducting a criminal history background check for
  895  approval of firearms purchases or transfers as authorized by
  896  state or federal law, to judges in the state courts system for
  897  the purpose of assisting them in their case-related
  898  decisionmaking responsibilities, as set forth in s. 943.053(5),
  899  or to those entities set forth in subparagraphs (a)1., 4., 5.,
  900  6., 8., 9., and 10. for their respective licensing, access
  901  authorization, and employment purposes.
  902         (a) The subject of a criminal history record sealed under
  903  this section or under other provisions of law, including former
  904  s. 893.14, former s. 901.33, and former s. 943.058, may lawfully
  905  deny or fail to acknowledge the arrests covered by the sealed
  906  record, except when the subject of the record:
  907         1. Is a candidate for employment with a criminal justice
  908  agency;
  909         2. Is a defendant in a criminal prosecution;
  910         3. Concurrently or subsequently petitions for relief under
  911  this section, s. 943.0583, or s. 943.0585;
  912         4. Is a candidate for admission to The Florida Bar;
  913         5. Is seeking to be employed or licensed by or to contract
  914  with the Department of Children and Families, the Division of
  915  Vocational Rehabilitation within the Department of Education,
  916  the Agency for Health Care Administration, the Agency for
  917  Persons with Disabilities, the Department of Health, the
  918  Department of Elderly Affairs, or the Department of Juvenile
  919  Justice or to be employed or used by such contractor or licensee
  920  in a sensitive position having direct contact with children, the
  921  disabled, or the elderly;
  922         6. Is seeking to be employed or licensed by the Department
  923  of Education, a district school board, a university laboratory
  924  school, a charter school, a private or parochial school, or a
  925  local governmental entity that licenses child care facilities;
  926         7. Is attempting to purchase a firearm from a licensed
  927  importer, licensed manufacturer, or licensed dealer and is
  928  subject to a criminal history check under state or federal law;
  929         8. Is seeking to be licensed by the Division of Insurance
  930  Agent and Agency Services within the Department of Financial
  931  Services;
  932         9. Is seeking to be appointed as a guardian pursuant to s.
  933  744.3125; or
  934         10. Is seeking to be licensed by the Bureau of License
  935  Issuance of the Division of Licensing within the Department of
  936  Agriculture and Consumer Services to carry a concealed weapon or
  937  concealed firearm. This subparagraph applies only in the
  938  determination of an applicant’s eligibility under s. 790.06.
  939         (b) Subject to the exceptions in paragraph (a), a person
  940  who has been granted a sealing under this section, former s.
  941  893.14, former s. 901.33, or former s. 943.058 may not be held
  942  under any provision of law of this state to commit perjury or to
  943  be otherwise liable for giving a false statement by reason of
  944  such person’s failure to recite or acknowledge a sealed criminal
  945  history record.
  946         (c) Information relating to the existence of a sealed
  947  criminal record provided in accordance with the provisions of
  948  paragraph (a) is confidential and exempt from the provisions of
  949  s. 119.07(1) and s. 24(a), Art. I of the State Constitution,
  950  except that the department shall disclose the sealed criminal
  951  history record to the entities set forth in subparagraphs (a)1.,
  952  4., 5., 6., 8., 9., and 10. for their respective licensing,
  953  access authorization, and employment purposes. An employee of an
  954  entity set forth in subparagraph (a)1., subparagraph (a)4.,
  955  subparagraph (a)5., subparagraph (a)6., subparagraph (a)8.,
  956  subparagraph (a)9., or subparagraph (a)10. may not disclose
  957  information relating to the existence of a sealed criminal
  958  history record of a person seeking employment, access
  959  authorization, or licensure with such entity or contractor,
  960  except to the person to whom the criminal history record relates
  961  or to persons having direct responsibility for employment,
  962  access authorization, or licensure decisions. A person who
  963  violates the provisions of this paragraph commits a misdemeanor
  964  of the first degree, punishable as provided in s. 775.082 or s.
  965  775.083.
  966         (5) STATUTORY REFERENCES.—Any reference to any other
  967  chapter, section, or subdivision of the Florida Statutes in this
  968  section constitutes a general reference under the doctrine of
  969  incorporation by reference.
  970         Section 6. This act shall take effect July 1, 2018.

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