15305938, 11C-7.006 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 15305938

Notice of Development of Rulemaking

Department:

DEPARTMENT OF LAW ENFORCEMENT

Division:

Division of Criminal Justice Information Systems

Chapter:

CRIMINAL HISTORY RECORDS; EXPUNCTION AND SEALING POLICY AND PROCEDURES

Overview

RULE:

11C-7.006

Procedures on Court-Ordered Expunctions

PURPOSE:

New  s. 943.0585(5), FS., allows for certain criminal history records to be ordered expunged by the courts, notwithstanding the general eligibility requirements in s. 943.0585.  Two new forms are required to implement HB 89.  The current application for a certificate of eligibility to expunge a criminal history record requires the State Attorney to certify compliance with the eligibility criteria in s. 943.0585, F.S.  The new form will require the State Attorney to certify that the lawful-self-defense criteria in s. 943.0585(5), F.S. are met.

SUBJECT:

Procedures for obtaining a court-ordered criminal history expunction pursuant to new 943.0585(5), FS.

RULEMAKING AUTHORITY:

943.03(4), FS., 943.0585(2), FS.

LAW:

943.0585(5), FS.

PRINT PUBLISH DATE:

11/21/2014 Vol. 40/227

RELATED STATUTES
AND LAWS:

943.03(4), FS., 943.0585(2), FS., 943.0585(5), FS.

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://www.flrules.org/gateway/ruleno.asp?id=11C-7.006&PDate=11/21/2014&Section=1

REFERENCE MATERIALS:

No reference(s).

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