Florida 2021 Regular Session Status: Passed Senate

SB 468 — Expunction of Criminal History Records Relating to Certain Cannabis Offenses

Last action — Died in Messages

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2021 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Expunction of Criminal History Records Relating to Certain Cannabis Offenses; Requiring a petitioner to obtain a certificate of eligibility from the Department of Law Enforcement; providing application requirements and contents of a certificate of eligibility for expunction; requiring the department to issue a certificate of eligibility for expunction if a person meets specified criteria; providing court procedures for expungement, etc.

Bill Text

What changed in the latest version

194 added · 123 removed

194 line(s) added, 123 removed.

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Florida Senate - 2021 SB 468 By Senator Bracy 11-00276-21 2021468__ A bill to be entitled An act relating to expunction of criminal history records relating to certain cannabis offenses;
Florida Senate - 2021 CS for SB 468 By the Committee on Judiciary;
and Senator Bracy 590-02872-21 2021468c1 A bill to be entitled An act relating to expunction of criminal history records relating to certain cannabis offenses;
defining terms;
providing for eligibility;
authorizing certain courts to order criminal justice agencies to expunge the criminal history record of an individual with a qualified cannabis offense upon such individual filing a petition for expunction;
requiring a petitioner to obtain a certificate of eligibility from the Department of Law Enforcement;
authorizing an individual to petition for expunction of such criminal history records at any time;
requiring the department to adopt rules;
specifying petition requirements;
providing application requirements and contents of a certificate of eligibility for expunction;
requiring a court, upon receipt of a petition, to serve the appropriate state attorney and the arresting agency with a copy of the petition;
requiring the department to issue a certificate of eligibility for expunction if a person meets specified criteria;
providing requirements if the state attorney or the arresting agency object to the court granting the petition;
providing contents of a petition;
requiring the court to grant the petition if no objection is filed;
providing court procedures for expungement;
imposing duties on the clerk of the court and the arresting agency if a court grants such a petition;
providing that the subject of an expungement order may lawfully deny or fail to acknowledge the arrest and notice to appear;
providing construction;
providing exceptions;
requiring that a criminal justice agency that has custody of any criminal history record ordered expunged physically destroy or obliterate the record;
providing that a petition for expunction of certain cannabis offenses does not foreclose the petitioner from applying to seal or expunge other criminal arrests;
providing for the effect of expunged criminal history records;
prohibiting a court or criminal justice agency from charging the petitioner fees in connection with the petition;
providing a statement regarding certain references and the doctrine of incorporation by reference;
31 Be It Enacted by the Legislature of the State of Florida:
21 Be It Enacted by the Legislature of the State of Florida:
33 Section 1. Section 943.0586, Florida Statutes, is created to read:
23 Section 1. Section 943.0586, Florida Statutes, is created to read:
943.0586 Expunction of criminal history records relating to qualifying cannabis offenses.— (1) As used in this section, the term:
943.0586 Expunction of criminal history records relating to qualifying cannabis offenses.— (1) ELIGIBILITY.—A person is eligible to petition a court to expunge a criminal history record under this section if all of the following apply:
(a) “Domestic violence” has the same meaning as in s.
(a) The person was arrested or given a notice to appear for a misdemeanor offense for obtaining, purchasing, or possessing 20 grams or less of cannabis, regardless of disposition.
741.28.
(b) The person was not convicted of, or did not plead no contest to, a contemporaneous offense other than the misdemeanor offense for obtaining, purchasing, or possessing 20 grams or less of cannabis.
The term includes any crime the underlying factual basis of which has been found by a court to include an act of domestic violence and any act of domestic violence between dating partners as described in s.
(c) At least one year has elapsed since the disposition of the arrest or alleged criminal activity to which the petition to expunge pertains.
784.046(1)(d).
(d) The person is no longer under court supervision applicable to the disposition of the arrest or alleged criminal activity to which the petition to expunge pertains.
(b) “Qualifying cannabis offense” means one or more misdemeanor convictions of obtaining, purchasing, or possessing 20 grams or less of cannabis.
(e) The person has not previously been granted relief under this section.
The term does not include a misdemeanor conviction of obtaining, purchasing, or possessing 20 grams or less of cannabis if, in connection with such offense, the individual was found guilty or pled guilty or no contest to a felony offense, to driving under the influence, or to an act of domestic violence.
(2) CERTIFICATE OF ELIGIBILITY.—Before petitioning a court to expunge a criminal history record, a person seeking to expunge a criminal history record must apply to the department for a certificate of eligibility for expunction.
(2) Notwithstanding any other provision of law, upon the filing of a petition for expunction as provided in this section, any court in the circuit in which the petitioner was arrested or in which the petitioner resides may order a criminal justice agency to expunge the criminal history record of an individual with a qualifying cannabis offense who complies with the requirements of this section.
The department shall adopt rules to establish procedures for applying for and issuing a certificate of eligibility for expunction.
A petition need not be filed in the court where the petitioner’s criminal proceedings in connection with the offense were conducted.
(a) The department shall issue a certificate of eligibility for expunction to a person who is the subject of a criminal history record if that person:
(3) An individual may petition for the expunction of a criminal history record resulting from a qualifying cannabis offense at any time.
1. Satisfies the eligibility criteria in paragraphs (1)(a) (e) and is not ineligible under s.
(4) Each petition to a court to expunge a qualifying cannabis offense is complete only when accompanied by:
943.0584;
(a) The petitioner’s sworn statement attesting that the petitioner is eligible for such an expunction to the best of his or her knowledge or belief;
2. Has submitted to the department a written certified statement from the appropriate state attorney or statewide prosecutor which confirms the criminal history record complies with the criteria in paragraphs (1)(a)-(d);
and (b) A certified copy of the disposition of any charge to which the petition to expunge pertains.
3. Has submitted to the department a certified copy of the disposition of the charge to which the petition to expunge pertains;
(5) Upon a court receiving a petition under this section, the court shall, as soon as practicable, serve the appropriate state attorney and the arresting agency with a copy of the completed petition.
and 4. Remits a processing fee, equal to that fee charged pursuant to s.
The petitioner or the petitioner’s attorney may appear at any hearing under this section telephonically, via video conference, or by other electronic means.
943.0585(2)(a)4., to the department for placement in the Department of Law Enforcement Operating Trust Fund, unless the executive director waives such fee.
(a) If the state attorney or the arresting agency objects to the court granting the petition, a written objection must be filed with the court within 10 days after the date on which the request was received.
(b) A certificate of eligibility for expunction is valid for 12 months after the date stamped on the certificate when issued by the department.
If such an objection is filed, the court must hold a hearing on the request.
After that time, the petitioner must reapply to the department for a new certificate of eligibility.
At the hearing, the court must grant the petition unless the state attorney or the arresting agency establishes by clear and convincing evidence that there is good cause not to grant the request.
The petitioner’s status and the law in effect at the time of the renewal application determine the petitioner’s eligibility.
(b) If the state attorney or the arresting agency does not file a written objection with the court, the court must grant the petition.
(3) PETITION.—Each petition to expunge a criminal history record must be accompanied by all of the following:
(c) If the petition is granted by the court, the clerk of the court shall certify copies of the order to the appropriate state attorney and the arresting agency.
(a) A valid certificate of eligibility issued by the department.
The arresting agency is responsible for forwarding the order to any other agency listed in the court order to which the arresting agency disseminated the criminal history record information covered by the order.
(b) The petitioner’s sworn statement that he or she:
The clerk of the court shall certify a copy of the order to any other agency that the records of the court reflect received the criminal history record from the court.
1. Satisfies the eligibility requirements for expunction in subsection (1).
(6)(a) The courts of this state have jurisdiction over their own procedures, including the maintenance, expunction, and correction of judicial records containing criminal history information, to the extent that such procedures are not inconsistent with the conditions, responsibilities, and duties established by this section.
2. Is eligible for expunction to the best of his or her knowledge and does not have any other petition to seal or expunge a criminal history record pending before any court.
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(b) Any criminal history record of an individual which is ordered expunged pursuant to this section must be physically destroyed or obliterated by any criminal justice agency having custody of such record.
84 A person who knowingly provides false information on such sworn statement commits a felony of the third degree, punishable as provided in s.
(c) The individual who is the subject of a criminal history record that is expunged under this section may lawfully deny or fail to acknowledge the arrests or convictions covered by the expunged records.
775.082, s.
(d) The individual who has been granted an expunction under this section may not be held under any law of this state to commit perjury or to be otherwise liable for giving a false statement by reason of such individual’s failure to recite or acknowledge an expunged criminal history record.
775.083, or s.
(7) A court or criminal justice agency may not charge an individual a fee to complete a petition under this section or to obtain the necessary documents to complete a petition under this section.
775.084.
(8) Any reference to any other chapter, section, or subdivision of the Florida Statutes in this section constitutes a general reference under the doctrine of incorporation by reference.
(4) COURT AUTHORITY.— (a) The courts of this state have jurisdiction over their own procedures, including the maintenance, expunction, and correction of judicial records containing criminal history information, to the extent that such procedures are not inconsistent with the conditions, responsibilities, and duties established by this section.
(b) A court of competent jurisdiction may order a criminal justice agency to expunge the criminal history record of a minor or an adult who complies with the requirements of this section.
The court may not order a criminal justice agency to expunge a criminal history record until the person seeking to expunge a criminal history record has applied for and received a certificate of eligibility under subsection (2).
(c) The court may order expunction of a criminal history record pertaining to one arrest or one incident of alleged criminal activity only, except that the court may order the expunction of a criminal history record pertaining to more than one arrest if the additional arrests directly relate to the original arrest.
If the court intends to order the expunction of records pertaining to such additional arrests, such intent must be specified in the order.
A criminal justice agency may not expunge any record pertaining to such additional arrests if the order to expunge does not articulate the intention of the court to expunge a record pertaining to more than one arrest.
This section does not prevent the court from ordering the expunction of only a portion of a criminal history record pertaining to one arrest or one incident of alleged criminal activity.
(d) This section does not confer any right to expunction of any criminal history record, and any request for expunction of a criminal history record may be denied at the sole discretion of the court.
(5) PROCESSING OF A PETITION OR AN ORDER.— (a) In judicial proceedings under this section, a copy of the completed petition to expunge shall be served upon the appropriate state attorney or the statewide prosecutor and upon the arresting agency;
however, it is not necessary to make any agency other than the state a party.
The appropriate state attorney or the statewide prosecutor and the arresting agency may respond to the court regarding the completed petition to expunge.
(b) If relief is granted by the court, the clerk of the court shall certify copies of the order to the appropriate state attorney or the statewide prosecutor and the arresting agency.
The arresting agency shall forward the order to any other agency to which the arresting agency disseminated the criminal history record information to which the order pertains.
The department shall forward the order to expunge to the Federal Bureau of Investigation.
The clerk of the court shall certify a copy of the order to any other agency which the records of the court reflect has received the criminal history record from the court.
(c) The department or any other criminal justice agency is not required to act on an order to expunge entered by a court when such order does not comply with the requirements of this section.
Upon receipt of such an order, the department must notify the issuing court, the appropriate state attorney or statewide prosecutor, the petitioner or the petitioner’s attorney, and the arresting agency of the reason for noncompliance.
The appropriate state attorney or statewide prosecutor shall take action within 60 days to correct the record and petition the court to void the order.
No cause of action, including contempt of court, shall arise against any criminal justice agency for failure to comply with an order to expunge when the petitioner for such order failed to obtain the certificate of eligibility as required by this section or such order does not otherwise comply with the requirements of this section.
(6) EFFECT OF EXPUNCTION ORDER.— (a) The person who is the subject of a criminal history record that is expunged under this section may lawfully deny or fail to acknowledge the arrests and notices to appear covered by the expunged record, except when the subject of the record:
1. Is a candidate for employment with a criminal justice agency;
2. Is a defendant in a criminal prosecution;
3. Is a candidate for admission to The Florida Bar;
4. Is seeking to be employed or licensed by or to contract with the Department of Children and Families, the Division of Vocational Rehabilitation within the Department of Education, the Agency for Health Care Administration, the Agency for Persons with Disabilities, the Department of Health, the Department of Elderly Affairs, or the Department of Juvenile Justice or to be employed or used by such contractor or licensee in a sensitive position having direct contact with children, the disabled, or the elderly;
5. Is seeking to be employed or licensed by the Department of Education, any district school board, any university laboratory school, any charter school, any private or parochial school, or any local governmental entity that licenses child care facilities;
6. Is seeking to be licensed by the Division of Insurance Agent and Agency Services within the Department of Financial Services;
or 7. Is seeking to be appointed as a guardian pursuant to s.
744.3125.
(b) Subject to the exceptions in paragraph (a), a person who has been granted an expunction under this section may not be held under any provision of law of this state to commit perjury or to be otherwise liable for giving a false statement by reason of such person’s failure to recite or acknowledge an expunged criminal history record.
(7) RELATION TO OTHER LAWS ON EXPUNCTION OR SEALING.
Expunction or sealing granted under this section does not prevent the person who receives such relief from petitioning for the expunction or sealing of a criminal history record as provided for in ss.
943.0583, 943.0585, and 943.059, if the person is otherwise eligible under those sections.
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Action History

  1. Died in Messages

  2. In Messages

  3. CS passed; YEAS 38 NAYS 2

  4. Read 3rd time

  5. Read 2nd time

  6. Placed on Special Order Calendar, 04/21/21

  7. Placed on Calendar, on 2nd reading

  8. Favorable by- Appropriations; YEAS 20 NAYS 0

  9. On Committee agenda-- Appropriations, 04/19/21, 10:00 am, 412 Knott Building

  10. On Committee agenda-- Appropriations, 04/15/21, 9:00 am, 412 Knott Building

  11. Now in Appropriations

  12. Favorable by Criminal Justice; YEAS 6 NAYS 1

  13. On Committee agenda-- Criminal Justice, 03/30/21, 9:00 am, 110 Senate Building

  14. CS by Judiciary read 1st time

  15. Now in Criminal Justice

  16. Pending reference review under Rule 4.7(2) - (Committee Substitute)

  17. CS by Judiciary; YEAS 10 NAYS 0

  18. On Committee agenda-- Judiciary, 03/15/21, 3:30 pm, 412 Knott Building

  19. Introduced

  20. Referred to Judiciary; Criminal Justice; Appropriations

  21. Filed

Sponsors

  • Bracy · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 163 not signed on · 1 voted No

Sponsors (1)

  • Bracy

Co-sponsors (0)

None.

Not signed on (163)

163 members have not signed on to this bill.

Show all 163 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Third Reading

Passed 38 Yea · 2 Nay
Party YeaNayPresentNot Voting
Republican 12100
Unaffiliated 21100
Democrat 4000
No Party Affiliation 1000
Total 38200
% of votes cast 95%5%0%0%
How each member voted (40)
Member Party Vote
Diaz — Yea
Ausley — Yea
Farmer — Yea
Powell — Yea
Baxley — Yea
Gainer — Nay
Rodrigues — Yea
Bean — Yea
Gibson — Yea
Book — Yea
Stargel — Yea
Stewart — Yea
Bracy — Yea
Taddeo — Yea
Hutson — Yea
Thurston — Yea
Brandes — Yea
Torres — Yea
Broxson — Yea
Simpson — Yea
Perry — Yea
Cruz — Yea
Berman, Lori Democrat Yea
Jones, Shevrin D. "Shev" Democrat Yea
Polsky, Tina Scott Democrat Yea
Rouson, Darryl Ervin Democrat Yea
Pizzo, Jason W. B. No Party Affiliation Yea
Albritton, Ben Republican Yea
Boyd, Jim Republican Nay
Bradley, Jennifer Republican Yea
Brodeur, Jason Republican Yea
Burgess, Danny Republican Yea
Garcia, Ileana Republican Yea
Gruters, Joe Republican Yea
Harrell, Gayle Republican Yea
Hooper, Ed Republican Yea
Mayfield, Debbie Republican Yea
Passidomo, Kathleen Republican Yea
Rodriguez, Ana Maria Republican Yea
Wright, Tom A. Republican Yea

Official roll call →

Favorable

Passed 20 Yea · 0 Nay
Party YeaNayPresentNot Voting
Republican 4000
Unaffiliated 14000
No Party Affiliation 1000
Democrat 1000
Total 20000
% of votes cast 100%0%0%0%
How each member voted (20)
Member Party Vote
Book — Yea
Bracy — Yea
Brandes — Yea
Broxson — Yea
Diaz — Yea
Farmer — Yea
Gainer — Yea
Gibson — Yea
Hutson — Yea
Perry — Yea
Powell — Yea
Stewart — Yea
Bean — Yea
Stargel — Yea
Rouson, Darryl Ervin Democrat Yea
Pizzo, Jason W. B. No Party Affiliation Yea
Albritton, Ben Republican Yea
Hooper, Ed Republican Yea
Mayfield, Debbie Republican Yea
Passidomo, Kathleen Republican Yea

Official roll call →

Favorable

Passed 6 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 4101
Republican 1000
No Party Affiliation 1000
Total 6101
% of votes cast 75%13%0%13%
How each member voted (8)
Member Party Vote
Baxley — Yea
Perry — Yea
Taddeo — Yea
Brandes — Yea
Gainer — Nay
Powell — Not Voting
Pizzo, Jason W. B. No Party Affiliation Yea
Boyd, Jim Republican Yea

Official roll call →

Favorable with Committee Substitute

Passed 10 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 5001
Republican 3000
Democrat 2000
Total 10001
% of votes cast 91%0%0%9%
How each member voted (11)
Member Party Vote
Baxley — Yea
Broxson — Yea
Thurston — Yea
Gibson — Yea
Brandes — Yea
Rodrigues — Not Voting
Polsky, Tina Scott Democrat Yea
Rouson, Darryl Ervin Democrat Yea
Boyd, Jim Republican Yea
Bradley, Jennifer Republican Yea
Mayfield, Debbie Republican Yea

Official roll call →

Subjects

public-safety civil-rights
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Frequently asked questions

What does SB 468 do?
Expunction of Criminal History Records Relating to Certain Cannabis Offenses; Requiring a petitioner to obtain a certificate of eligibility from the Department of Law Enforcement; providing application requirements and contents of a certificate of eligibility for expunction; requiring the department to issue a certificate of eligibility for expunction if a person meets specified criteria; providing court procedures for expungement, etc.
Who sponsors SB 468?
SB 468 is sponsored by Bracy.
What is the current status of SB 468?
This bill died with 2021 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 468?
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