Senate Bill 376 passed on July 1, 2023. This Bill outlines the requirement for the Florida Department of Law Enforcement to notice all Clerks of Court Offices when records in the Criminal History Repository have been sealed or unsealed pursuant to F.S. 943.0595. Please provide your analysis for S.B. 376 and what technical changes are necessary to the Criminal History Repository in order to fulfill the Florida Department of Law Enforcement's requirement as outlined in S.B. 376. Also, provide your plan to roll this out as an effective solution for all stake-holders.

THE FLORIDA SENATE 2023 SUMMARY OF LEGISLATION PASSED Committee on Criminal Justice CS/CS/SB 376 - Automatic Sealing of Criminal History Records and Making Confidential and Exempt Related Court Records by Rules Committee; Criminal Justice Committee; and Senators Burgess and Perry The bill amends s. 943.0595, F.S., to provide that a criminal history record is eligible for automatic sealing when an indictment, information, or other charging document was dismissed as to all counts, or a not guilty verdict or judgment of acquittal was rendered as to all counts. Additionally, the bill requires the Florida Department of Law Enforcement, to notify the clerk upon the sealing of a criminal history record. Upon such notification the clerk must automatically keep the related court record in the case giving rise to the department's sealing of the criminal history record confidential and exempt from s. 119.071(1), F.S., and Art. I, s. 24(a), State Constitution. Making such a criminal history record confidential and exempt has the same effect and the clerk of the court may disclose such a record in the same manner as a record sealed under s. 943.059, F.S If approved by the Governor, or allowed to become law without the Governor's signature, these provisions take effect July 1, 2023. Vote: Senate 39-0; House 1 15-1 This summary is provided for information only and does not represent the opinion of any Senator, Senate Officer, or Senate Office. CS/CS/SB 376 Page: 1THE FLORIDA SENATE 2023 SUMMARY OF LEGISLATION PASSED Committee on Criminal Justice CS/CS/SB 376 - Automatic Sealing of Criminal History Records and Making Confidential and Exempt Related Court Records by Rules Committee; Criminal Justice Committee; and Senators Burgess and Perry The bill amends s. 943.0595, F.S., to provide that a criminal history record is eligible for automatic sealing when an indictment, information, or other charging document was dismissed as to all counts, or a not guilty verdict or judgment of acquittal was rendered as to all counts. Additionally, the bill requires the Florida Department of Law Enforcement, to notify the clerk upon the sealing of a criminal history record. Upon such notification the clerk must automatically keep the related court record in the case giving rise to the department's sealing of the criminal history record confidential and exempt from s. 119.071(1), F.S., and Art. I, s. 24(a), State Constitution. Making such a criminal history record confidential and exempt has the same effect and the clerk of the court may disclose such a record in the same manner as a record sealed under s. 943.059, F.S If approved by the Governor, or allowed to become law without the Governor's signature, these provisions take effect July 1, 2023. Vote: Senate 39-0; House 1 15-1 This summary is provided for information only and does not represent the opinion of any Senator, Senate Officer, or Senate Office. CS/CS/SB 376 Page: 1Fla. Stat. $ 943.0595 Section 943.0595 - Automatic sealing of criminal history records; confidentiality of related court records (1) RULEMAKING.-Notwithstanding any law dealing generally with the preservation and destruction of public records, the department shall adopt rules addressing the automatic sealing of any criminal history record of a minor or an adult described in this section. (2) ELIGIBILITY.- (a) The department shall automatically seal a criminal history record that does not result from an indictment, information, or other charging document for a forcible felony as defined in s. 776.08 or for an offense enumerated in s. 943.0435(1)(h)1.a.(I), if: 1. An indictment, information, or other charging document was not filed or issued in the case giving rise to the criminal history record. 2. An indictment, information, or other charging document was filed in the case giving rise to the criminal history record, but was dismissed or nolle prosequi by the state attorney or statewide prosecutor or was dismissed by a court of competent jurisdiction as to all counts. However, a person is not eligible for automatic sealing under this section if the dismissal was pursuant to s. 916.145 or s. 985.19. 3. A not guilty verdict was rendered by a judge or jury as to all counts. However, a person is not eligible for automatic sealing under this section if the defendant was found not guilty by reason of insanity. 4. A judgment of acquittal was rendered by a judge as to all counts. (b) There is no limitation on the number of times a person may obtain an automatic sealing for a criminal history record described in paragraph (a). (3) PROCESS FOR AND EFFECT OF AUTOMATIC SEALING.- (a) Upon the disposition of a criminal case resulting in a criminal history record eligible for automatic sealing under paragraph (2)(a), the clerk of the court shall transmit a certified copy of the disposition of the criminal history record to the department, which shall seal the criminal history record upon receipt of the certified copy. (b) The department shall notify the clerk of the court upon the sealing of the criminal history record as provided in paragraph (a). Upon such notification, the clerk of the court must automatically keep the related court record in the case giving rise to the department's sealing of the criminal history record confidential and exempt from s. 119.071(1) and s. 24(a), Art. I of the State Constitution. (c) Automatic sealing of a criminal history record and making the related court record confidential and exempt does not require sealing by other criminal justice agencies, or that such record be surrendered to the court, and such record shall continue to be maintained by the department and other criminal justice agencies. casetext Section 943.0595 ... Fla. Stat. $ 943.0595 (d) Except as provided in this section, automatic sealing of a criminal history record and making the related court record confidential and exempt shall have the same effect, and the department and the clerk of the court may disclose such a record in the same manner, as a record sealed under s. 943.059. Fla. Stat. $ 943.0595 s.52, ch. 2019-167; s.1, ch. 2023-189. Amended by 2023 Fla. Laws, ch. 189,s 1, eff. 7/1/2023. Added by 2019 Fla. Laws, ch. 167, s 52, eff. 10/1/2019.Fla. Stat. $ 943.0595 Section 943.0595 - Automatic sealing of criminal history records; confidentiality of related court records (1) RULEMAKING.-Notwithstanding any law dealing generally with the preservation and destruction of public records, the department shall adopt rules addressing the automatic sealing of any criminal history record of a minor or an adult described in this section. (2) ELIGIBILITY.- (a) The department shall automatically seal a criminal history record that does not result from an indictment, information, or other charging document for a forcible felony as defined in s. 776.08 or for an offense enumerated in s. 943.0435(1)(h)1.a.(I), if: 1. An indictment, information, or other charging document was not filed or issued in the case giving rise to the criminal history record. 2. An indictment, information, or other charging document was filed in the case giving rise to the criminal history record, but was dismissed or nolle prosequi by the state attorney or statewide prosecutor or was dismissed by a court of competent jurisdiction as to all counts. However, a person is not eligible for automatic sealing under this section if the dismissal was pursuant to s. 916.145 or s. 985.19. 3. A not guilty verdict was rendered by a judge or jury as to all counts. However, a person is not eligible for automatic sealing under this section if the defendant was found not guilty by reason of insanity. 4. A judgment of acquittal was rendered by a judge as to all counts. (b) There is no limitation on the number of times a person may obtain an automatic sealing for a criminal history record described in paragraph (a). (3) PROCESS FOR AND EFFECT OF AUTOMATIC SEALING.- (a) Upon the disposition of a criminal case resulting in a criminal history record eligible for automatic sealing under paragraph (2)(a), the clerk of the court shall transmit a certified copy of the disposition of the criminal history record to the department, which shall seal the criminal history record upon receipt of the certified copy. (b) The department shall notify the clerk of the court upon the sealing of the criminal history record as provided in paragraph (a). Upon such notification, the clerk of the court must automatically keep the related court record in the case giving rise to the department's sealing of the criminal history record confidential and exempt from s. 119.071(1) and s. 24(a), Art. I of the State Constitution. (c) Automatic sealing of a criminal history record and making the related court record confidential and exempt does not require sealing by other criminal justice agencies, or that such record be surrendered to the court, and such record shall continue to be maintained by the department and other criminal justice agencies. casetext Section 943.0595 ... Fla. Stat. $ 943.0595 (d) Except as provided in this section, automatic sealing of a criminal history record and making the related court record confidential and exempt shall have the same effect, and the department and the clerk of the court may disclose such a record in the same manner, as a record sealed under s. 943.059. Fla. Stat. $ 943.0595 s.52, ch. 2019-167; s.1, ch. 2023-189. Amended by 2023 Fla. Laws, ch. 189,s 1, eff. 7/1/2023. Added by 2019 Fla. Laws, ch. 167, s 52, eff. 10/1/2019