Arrestable Offenses / Crimes under Fla. Stat. 943.0583
CopyCited 1 times | Published | Supreme Court of Florida
...by the Florida Department of Law Enforcement. A copy of the completed petition
and affidavit shall be served on the prosecuting attorney and the arresting
authority. Notice and hearing shall be as provided in rule 3.590(c).
(2) All relief sought by reason of section 943.0583, Florida
Statutes, shall be by written petition, filed with the clerk....
...that the petitioner does not have any other petition to expunge or any petition to
seal pending before any court; and shall be accompanied by official documentation
of the petitioner’s status as a victim of human trafficking, if any exists. A petition
to expunge, filed under section 943.0583, Florida Statutes, is not required to be
accompanied by a certificate of eligibility from the Florida Department of Law
Enforcement....
...)
PETITION TO EXPUNGE/HUMAN TRAFFICKING VICTIM
The petitioner, .........., by and through the undersigned attorney, petitions this honorable
court, under Florida Rule of Criminal Procedure 3.692 and section 943.0583, Florida Statutes, to
expunge all criminal history record information in the custody of any criminal justice agency and
the official records of the court concerning the petitioner’s arrest and/or conviction on...
..., )
)
Defendant/Petitioner )
)
ORDER TO EXPUNGE, HUMAN TRAFFICKING VICTIM,
UNDER SECTION 943.0583, FLORIDA STATUTES,
AND FLORIDA RULE OF CRIMINAL PROCEDURE 3.692
THIS CAUSE, having come on to be heard before me this date upon a petition to
expunge certain records of the petitioner’s arrest and/or...
...a certified copy
of this order to the (check one) ..... state attorney, ..... special prosecutor, ..... statewide
prosecutor, ..... .....(arresting agency)....., and the Sheriff of .......... County, who will comply with
the procedures set forth in section 943.0583, Florida Statutes, and appropriate regulations of the
Florida Department of Law Enforcement, and who will further forward a copy of this order to
any agency that their records reflect has received the instant criminal history record...
...shall expunge all
information concerning indicia of arrest, conviction, or criminal history record information
regarding the arrest, conviction, or alleged criminal activity to which this petition pertains in
accordance with the procedures set forth in section 943.0583, Florida Statutes, and Florida Rule
of Criminal Procedure 3.692.
All costs of certified copies involved herein are to be borne by the ...........
DONE AND ORDERED in Chambers at .............
CopyCited 1 times | Published | Florida 3rd District Court of Appeal
EMAS, J. M.G., a human trafficking victim, appeals from an order denying a petition to expunge her criminal history record, filed pursuant to section 943.0583, Florida Statutes (2017) ("the Human Trafficking Victim Expunction Statute")....
...cluded from expunction under the Human Trafficking Victim Expunction Statute. This appeal followed. STANDARD OF REVIEW The decision to grant or deny a petition to expunge criminal history records is generally reviewed for an abuse of discretion. See § 943.0583(2), Fla....
...(2017). However, to the extent such decisions are based upon questions of statutory interpretation, our standard of review is de novo. Kasischke v. State ,
991 So.2d 803 , 807 (Fla. 2008). DISCUSSION The Human Trafficking Victim Expunction Statute, section
943.0583(3), provides: A person who is a victim of human trafficking may petition for the expunction of a criminal history record resulting from the arrest or filing of charges for an offense committed or reported to have been committed while...
...Unlawful throwing, placing, or discharging of a destructive device or bomb; m. Armed burglary; n. Aggravated battery; or o. Aggravated stalking. (Emphasis added). It is this list of enumerated offenses which the legislature relied *1098 upon in creating the exclusion provision in section 943.0583(3) of the Human Trafficking Victim Expunction Statute. We agree with the trial court's conclusion that section 943.0583(3) admits of no ambiguity, and its plain language precluded the trial court from exercising its discretion to grant expunction of M.G.'s criminal history records related to the offense of kidnapping....
..."It is a fundamental principle of statutory construction that where the language of a statute is plain and unambiguous there is no occasion for judicial interpretation." Pardo v. State ,
596 So.2d 665 , 667 (Fla. 1992). M.G. contends that the exclusion set forth in section
943.0583(3) applies only if the petitioner was convicted of an offense listed in section
775.084(1)(b)1., and, because M.G. was charged but never convicted of a kidnapping offense, the exclusion is inapplicable and the trial court had the discretion to grant expunction of those criminal history records. We do not agree. The plain language of section
943.0583(3) provides that "this section does not apply to any offense listed in s....
...is relevant only to determining whether a defendant qualifies as a habitual violent felony offender, and is wholly inapplicable to the Human Trafficking Victim Expunction Statute and the incorporated list of offenses. 3 This is further supported by considering the remaining portions of section 943.0583(3) : A person who is a victim of human trafficking may petition for the expunction of a criminal history record resulting from the arrest or filing of charges for an offense committed or reported to have been committed while the pers...
...See State v. Chubbuck ,
141 So.3d 1163 , 1171 (Fla. 2014) ; Hopkins v. State ,
105 So.3d 470 , 474 (Fla. 2012) ; Gering v. State ,
252 So.3d 334 (Fla. 3d DCA 2018). Finally, M.G. contends that her proposed construction of the exclusionary language of section
943.0583(3) is consistent with the underlying intent of the legislature-to afford victims of human trafficking as much relief as the law allows....
...er women." Further, the Human Trafficking Victim Expunction Statute "does not confer any right to the expunction of a criminal history record, and any request for expunction of a criminal history record may be denied at the discretion of the court." § 943.0583(2), Fla....
CopyCited 1 times | Published | Supreme Court of Florida | 38 Fla. L. Weekly Supp. 890, 2013 WL 6500885, 2013 Fla. LEXIS 2685
...ally disabled” for the terms “mental retardation” and “mentally retarded.” See ch.2013-162, Laws of Fla. (changing terminology throughout the Florida Statutes). Rule 3.692 (Petition to Seal or Expunge) is amended to reference newly created section 943.0583, Florida Statutes (2013), which provides for the expungement of the criminal history record of a victim of human trafficking. See ch.2013-98, § 2; ch.2013-99, § 1, Laws of Fla. (each creating subsections of new section 943.0583, Fla....
...128 defendant may be involuntarily admitted to residential services as provided by law. (c) [No Change] Committee Notes [No Change] RULE 3.692. PETITION TO SEAL OR EXPUNGE (a) Requirements of Petition. All relief sought by reason of sections
943.0585943.0583-943.059, Florida Statutes, shall be by written petition, filed with the clerk....
...UDGED that the clerk of this court shall forward a certified copy of this order to the (check one").state attorney.special prosecutor.statewide prosecutor.(arresting agencvt.and the Sheriff of.County, who will comply with the procedures set forth in section 943.0583, Florida Statutes, and appropriate regulations of the Florida Department of Law Enforcement, and who will further forward a copy of this order to any agency that their records reflect has received the instant criminal history record...
...ll expunge all information concerning indicia of arrest, conviction, or criminal history record information regarding the arrest, conviction, or alleged criminal activity to which this petition pertains in accordance with the procedures set forth in section 943.0583, Florida Statutes, and Florida Rule of Criminal Procedure 3,692, All costs of certified copies involved herein are to be borne by the DONE AND ORDERED in Chambers at.County....
CopyPublished | Supreme Court of Florida | 40 Fla. L. Weekly Supp. 544, 2015 Fla. LEXIS 2216, 2015 WL 5877975
...davit, Petition, and Order to Expunge or
Seal Forms), subdivision (g) (Order to Expunge; Human Trafficking Victim), to
-3-
change the statutory reference in the title of the form from section
943.0585 to
section
943.0583, because section
943.0583 was amended by chapter 2013-98,
section 2, Laws of Florida, and provides for the expunction of a criminal history
record for victims of human trafficking.
Lastly, rule 9.140(b)(1)(D) (Appeal Proceedings in Criminal Cases; Ap...
...)
)
PETITION TO EXPUNGE/HUMAN TRAFFICKING VICTIM
The petitioner, .........., by and through the undersigned attorney, petitions this honorable
court, under Florida Rule of Criminal Procedure 3.692 and section ..... 943.0583, Florida
Statutes, to expunge all criminal history record information in the custody of any criminal justice
agency and the official records of the court concerning the petitioner’s arrest and/or conviction
on .....(date(s))....., by ........
...,)
)
Defendant/Petitioner. )
)
ORDER TO EXPUNGE, HUMAN TRAFFICKING VICTIM,
UNDER SECTION
943.0585943.0583, FLORIDA STATUTES,
AND FLORIDA RULE OF CRIMINAL PROCEDURE 3.692
THIS CAUSE, having come on to be heard before me this date upon a petition to
expunge certain records of the petitioner’s arrest and/or convic...
...certified copy
of this order to the (check one) ..... state attorney, ..... special prosecutor, ..... statewide
prosecutor, ..... .....(arresting agency)....., and the Sheriff of ............. County, who will comply
with the procedures set forth in section 943.0583, Florida Statutes, and appropriate regulations of
the Florida Department of Law Enforcement, and who will further forward a copy of this order
to any agency that their records reflect has received the instant criminal history record...
...shall expunge all
information concerning indicia of arrest, conviction, or criminal history record information
regarding the arrest, conviction, or alleged criminal activity to which this petition pertains in
- 16 -
accordance with the procedures set forth in section 943.0583, Florida Statutes, and Florida Rule
of Criminal Procedure 3.692.
All costs of certified copies involved herein are to be borne by the .........
DONE AND ORDERED in Chambers at .............
CopyPublished | Supreme Court of Florida
...Additionally, subdivision (e), which required a petitioner to
pay for certified copies related to the petition to expunge or seal
unless indigent, is deleted. These amendments bring the rule into
conformity with the recent legislative changes to section 943.0583,
Florida Statutes, which was amended to delete the requirement in
subsection (6)(a) that a petitioner swear that no other petition to
expunge or seal is pending before any court and to include language
in subsection (2) stating t...
...Additionally, rule 3.9895(c) (Order to Expunge;
Human Trafficking Victim) is amended to remove reference to the
petitioner paying the costs of certified copies. These amendments
bring the rule’s language into conformity with the recent legislative
changes to section 943.0583, Florida Statutes, which deletes
reference to the petitioner swearing that no other petition to
expunge or seal is pending before any court and prohibits the clerk
of court from charging fees related to the petition....
...)
)
____________________________, )
)
Defendant/Petitioner )
)
ORDER TO EXPUNGE, HUMAN TRAFFICKING VICTIM,
UNDER SECTION 943.0583, FLORIDA STATUTES,
AND FLORIDA RULE OF CRIMINAL PROCEDURE 3.693
THIS CAUSE, having come on to be heard before me this date upon a
petition to expunge certain records of the petitioner’s arrest and/or conviction...
...certified copy of this order to the (check one) ..... state attorney, ..... special
prosecutor, ..... statewide prosecutor, ..... .....(arresting agency)....., and the
Sheriff of ......................... County, who will comply with the procedures set
forth in section 943.0583, Florida Statutes, and appropriate regulations of the
Florida Department of Law Enforcement, and who will further forward a copy of
this order to any agency that their records reflect has received the instant
criminal history record...
...shall expunge
all information concerning indicia of arrest, conviction, or criminal history
record information regarding the arrest, conviction, or alleged criminal activity
to which this petition pertains in accordance with the procedures set forth in
section 943.0583, Florida Statutes, and Florida Rule of Criminal Procedure
3.693.
All costs of certified copies involved herein are to be borne by the
....................
DONE AND ORDERED in Chambers at .......................
CopyPublished | Florida 3rd District Court of Appeal
EMAS, J. M.G., a human trafficking victim, appeals from an order denying a petition to expunge her criminal history record, filed pursuant to section 943.0583, Florida Statutes (2017) ("the Human Trafficking Victim Expunction Statute")....
...cluded from expunction under the Human Trafficking Victim Expunction Statute. This appeal followed. STANDARD OF REVIEW The decision to grant or deny a petition to expunge criminal history records is generally reviewed for an abuse of discretion. See § 943.0583(2), Fla....
...(2017). However, to the extent such decisions are based upon questions of statutory interpretation, our standard of review is de novo. Kasischke v. State ,
991 So.2d 803 , 807 (Fla. 2008). DISCUSSION The Human Trafficking Victim Expunction Statute, section
943.0583(3), provides: A person who is a victim of human trafficking may petition for the expunction of a criminal history record resulting from the arrest or filing of charges for an offense committed or reported to have been committed while...
...Unlawful throwing, placing, or discharging of a destructive device or bomb; m. Armed burglary; n. Aggravated battery; or o. Aggravated stalking. (Emphasis added). It is this list of enumerated offenses which the legislature relied *1098 upon in creating the exclusion provision in section 943.0583(3) of the Human Trafficking Victim Expunction Statute. We agree with the trial court's conclusion that section 943.0583(3) admits of no ambiguity, and its plain language precluded the trial court from exercising its discretion to grant expunction of M.G.'s criminal history records related to the offense of kidnapping....
..."It is a fundamental principle of statutory construction that where the language of a statute is plain and unambiguous there is no occasion for judicial interpretation." Pardo v. State ,
596 So.2d 665 , 667 (Fla. 1992). M.G. contends that the exclusion set forth in section
943.0583(3) applies only if the petitioner was convicted of an offense listed in section
775.084(1)(b)1., and, because M.G. was charged but never convicted of a kidnapping offense, the exclusion is inapplicable and the trial court had the discretion to grant expunction of those criminal history records. We do not agree. The plain language of section
943.0583(3) provides that "this section does not apply to any offense listed in s....
...is relevant only to determining whether a defendant qualifies as a habitual violent felony offender, and is wholly inapplicable to the Human Trafficking Victim Expunction Statute and the incorporated list of offenses. 3 This is further supported by considering the remaining portions of section 943.0583(3) : A person who is a victim of human trafficking may petition for the expunction of a criminal history record resulting from the arrest or filing of charges for an offense committed or reported to have been committed while the pers...
...See State v. Chubbuck ,
141 So.3d 1163 , 1171 (Fla. 2014) ; Hopkins v. State ,
105 So.3d 470 , 474 (Fla. 2012) ; Gering v. State ,
252 So.3d 334 (Fla. 3d DCA 2018). Finally, M.G. contends that her proposed construction of the exclusionary language of section
943.0583(3) is consistent with the underlying intent of the legislature-to afford victims of human trafficking as much relief as the law allows....
...er women." Further, the Human Trafficking Victim Expunction Statute "does not confer any right to the expunction of a criminal history record, and any request for expunction of a criminal history record may be denied at the discretion of the court." § 943.0583(2), Fla....
CopyPublished | Florida 3rd District Court of Appeal
...J.
Weiss, Assistant Attorneys General, for appellee.
Before SUAREZ, EMAS and FERNANDEZ, JJ.
EMAS, J.
M.G., a human trafficking victim, appeals from an order denying a petition
to expunge her criminal history record, filed pursuant to section 943.0583, Florida
Statutes (2017) (“the Human Trafficking Victim Expunction Statute”)....
...kidnapping is excluded from expunction under the Human Trafficking Victim
Expunction Statute. This appeal followed.
STANDARD OF REVIEW
The decision to grant or deny a petition to expunge criminal history records
is generally reviewed for an abuse of discretion. See § 943.0583(2), Fla....
...However, to the extent such decisions are based upon questions of
5
statutory interpretation, our standard of review is de novo. Kasischke v. State,
991
So. 2d 803, 807 (Fla. 2008).
DISCUSSION
The Human Trafficking Victim Expunction Statute, section
943.0583(3),
provides:
A person who is a victim of human trafficking may petition for the
expunction of a criminal history record resulting from the arrest or
filing of charges for an offense committed or reported to have...
...felony offender:
2 Further, the Human Trafficking Victim Expunction Statute “does not confer any
right to the expunction of a criminal history record, and any request for expunction
of a criminal history record may be denied at the discretion of the court.” §
943.0583(2), Fla....
...device or bomb;
m. Armed burglary;
n. Aggravated battery; or
o. Aggravated stalking.
(Emphasis added). It is this list of enumerated offenses which the legislature
relied upon in creating the exclusion provision in section 943.0583(3) of the
Human Trafficking Victim Expunction Statute.
We agree with the trial court’s conclusion that section 943.0583(3) admits of
no ambiguity, and its plain language precluded the trial court from exercising its
discretion to grant expunction of M.G.’s criminal history records related to the
offense of kidnapping....
...“It is a fundamental principle of statutory construction that where the
language of a statue is plain and unambiguous there is no occasion for judicial
interpretation.” Pardo v. State,
596 So. 2d 665, 667 (Fla. 1992).
M.G. contends that the exclusion set forth in section
943.0583(3) applies
only if the petitioner was convicted of an offense listed in section
775.084(1)(b)1.,
and, because M.G. was charged but never convicted of a kidnapping offense, the
exclusion is inapplicable and the trial court had the discretion to grant expunction
of those criminal history records. We do not agree. The plain language of section
943.0583(3) provides that “this section does not apply to any offense listed in s.
775.084(1)(b)1.” (Emphasis added)....
...is relevant
only to determining whether a defendant qualifies as a habitual violent felony
offender, and is wholly inapplicable to the Human Trafficking Victim Expunction
Statute and the incorporated list of offenses.3
This is further supported by considering the remaining portions of section
943.0583(3):
A person who is a victim of human trafficking may petition for the
expunction of a criminal history record resulting from the arrest or
filing of charges for an offense committed or reported to have been...
...Chubbuck,
141 So. 3d 1163, 1171 (Fla. 2014); Hopkins v. State,
105 So.
3d 470, 474 (Fla. 2012); Gering v. State, 43 Fla. L. Weekly D1642 (Fla. 3d DCA
July 25, 2018).
Finally, M.G. contends that her proposed construction of the exclusionary
language of section
943.0583(3) is consistent with the underlying intent of the
legislature—to afford victims of human trafficking as much relief as the law
allows....
CopyPublished | Supreme Court of Florida | 39 Fla. L. Weekly Supp. 664, 2014 Fla. LEXIS 3295, 2014 WL 5713899
...require that an application for appointment as guardian include “a statement
indicating whether the applicant has ever been (i) arrested or (ii) convicted of a
felony, even if the record of such arrest or conviction has been expunged, unless
the expunction was ordered pursuant to section
943.0583, Florida Statutes.”
According to the report, the amendment is intended to conform the rule to recent
amendments to section
943.0585(4)(a), Florida Statutes (2013), made by chapter
2014-124, Laws of Florida, which became effective July 1, 2014,1 as well as to
sections
744.309(3) and
943.0583, Florida Statutes (2014)....
...to serve as a guardian,
including a statement indicating whether the applicant has ever been (i) arrested or
(ii) convicted of a felony, even if the record of such arrest or conviction has been
expunged, unless the expunction was ordered pursuant to section
943.0583, Florida
Statutes; and
(B) [No Change]
(2) [No Change]
(b) – (d) [No Change]
Committee Notes
Rule History
1988 Revision - 2014 Revision: [No Change]
2014 Revision: Amends subdivision (a)(1)(A) to conform to sections
744.309(3),
943.0583, and
943.0585, Florida Statutes....
...Who may be appointed guardian of a resident ward.
§
744.3125, Fla. Stat. Application for appointment.
§
744.331(1), Fla. Stat. Procedures to determine incapacity.
§
744.3371, Fla. Stat. Notice of petition for appointment of guardian and
hearing.
-4-
§
943.0583, Fla....
CopyPublished | Supreme Court of Florida
...See, e.g.,
§
914.27(1)(a), Fla. Stat. (exempting from public records
requirements “information” that “discloses: [t]he identity or location
of a victim or witness who has been identified or certified for
protective or relocation services”); §
943.0583(11)(b)2., Fla....
CopyPublished | Florida 4th District Court of Appeal
...Folley,
Assistant Attorney General, West Palm Beach, for appellee.
MAY, J.
This is a case of first impression regarding a Florida law protecting
human trafficking victims. The defendant appeals an order denying his
amended petition to expunge his criminal record based on that law, section
943.0583, Florida Statutes (2018)....
...Confusing the human
trafficking victim expunction statute with another statute, the State’s two-
line response argued the defendant was not eligible for expunction because
he had been convicted under section
893.135. The defendant responded
that section
943.0583 identified crimes for which expunction was
unavailable, but a conviction under section
893.135 was not one of them.
The trial court denied the petition....
...— as
providing criminal history records under section
893.135 are not eligible
to be sealed.
• The Motion for Rehearing
The defendant promptly moved for rehearing, explaining he requested
human trafficking victim expunction pursuant to section
943.0583, not
section
943.059. By section
943.0583’s plain language, expunction is
available when the statute’s criteria are met, “[n]otwithstanding any other
provision of law . . . .” §
943.0583(2), Fla....
...However, we review a trial court’s statutory interpretation de novo.
Id.
Florida has long authorized expunction of criminal history records
under various circumstances but did not adopt a human trafficking victim
expunction statute until 2013. See ch. 2013-98, § 2, Laws of Fla. (2013).
Section 943.0583 took effect on January 1, 2014, over 12 years after the
defendant pled guilty.
• Section 943.0583
The preamble to chapter 2013-98, Laws of Florida (2013), states
“victims of trafficking may be forced to engage in a variety of illegal acts
beyond prostitution” and “trafficked persons have not always been
recognized as v...
...In
companion legislation, the legislature additionally found: “Persons who
6
are victims of human trafficking and who have been convicted of crimes
committed at the behest of their traffickers are themselves victims of
crimes.” Ch. 2013-99, § 2, Laws of Fla. (2013).
Section
943.0583 offers three definitions of who is a “victim of human
trafficking:”
• a person subjected to coercion, as defined in s.
787.06, for the
purpose of being used in human trafficking
• a child under 18 years of age subjected to human trafficking, or
• an individual subjected to human trafficking as defined by federal
law.
§
943.0583(1)(c), Fla. Stat. (2018). “Human trafficking” is given the same
meaning as provided in section
787.06. §
943.0583(1)(a), Fla....
...obtaining another person for the purpose of exploitation of
that person.
§
787.06(2)(d), Fla. Stat. (2018).
A person may petition the appropriate circuit court to expunge the
criminal history record of a victim of human trafficking who complies with
the statute. §
943.0583(2), Fla....
...the preponderance of the evidence standard. Id. (3). But if a petition is
not accompanied by official documentation of victim status, then a
determination on the petition must be made by a showing of clear and
convincing evidence. Id. (5).
7
Section 943.0583 imposes a presumption of human trafficking victim
status upon the presentation of certain documentation, and it offers broad
relief to those who have been victimized, particularly minors....
...The predicate for the defendant’s
plea and his requests for sentencing leniency was his status as a minor
who had failed to appreciate the seriousness of his actions and acted under
duress.
8
Even if an actual inconsistency existed, it would be of no moment.
Section 943.0583 clearly provides that coercion is not required where the
person is under 18 years of age. § 943.0583(1)(c), Fla....
CopyPublished | Supreme Court of Florida
...by the Florida Department of Law Enforcement. A copy of the completed petition
and affidavit shall be served on the prosecuting attorney and the arresting
authority. Notice and hearing shall be as provided in rule 3.590(c).
(2) All relief sought by reason of section 943.0583, Florida
Statutes, shall be by written petition, filed with the clerk....
...n to
- 32 -
seal pending before any court; and shall be accompanied by official documentation
of the petitioner’s status as a victim of human trafficking, if any exists. A petition
to expunge, filed under section 943.0583, Florida Statutes, is not required to be
accompanied by a certificate of eligibility from the Florida Department of Law
Enforcement....
...)
PETITION TO EXPUNGE/HUMAN TRAFFICKING VICTIM
The petitioner, .........., by and through the undersigned attorney, petitions this honorable
court, under Florida Rule of Criminal Procedure 3.692 and section 943.0583, Florida Statutes, to
expunge all criminal history record information in the custody of any criminal justice agency and
the official records of the court concerning the petitioner’s arrest and/or conviction on...
..., )
)
Defendant/Petitioner )
)
ORDER TO EXPUNGE, HUMAN TRAFFICKING VICTIM,
UNDER SECTION 943.0583, FLORIDA STATUTES,
AND FLORIDA RULE OF CRIMINAL PROCEDURE 3.692
THIS CAUSE, having come on to be heard before me this date upon a petition to
expunge certain records of the petitioner’s arrest and/or...
...a certified copy
of this order to the (check one) ..... state attorney, ..... special prosecutor, ..... statewide
prosecutor, ..... .....(arresting agency)....., and the Sheriff of .......... County, who will comply with
the procedures set forth in section 943.0583, Florida Statutes, and appropriate regulations of the
Florida Department of Law Enforcement, and who will further forward a copy of this order to
any agency that their records reflect has received the instant criminal history record...
...shall expunge all
information concerning indicia of arrest, conviction, or criminal history record information
regarding the arrest, conviction, or alleged criminal activity to which this petition pertains in
accordance with the procedures set forth in section 943.0583, Florida Statutes, and Florida Rule
of Criminal Procedure 3.692.
All costs of certified copies involved herein are to be borne by the ...........
DONE AND ORDERED in Chambers at .............
CopyPublished | Supreme Court of Florida
...1. We have jurisdiction. See art. V, § 2(a), Fla. Const.; see
also Fla. R. Gen. Prac. & Jud. Admin. 2.140(e).
to rule 2.420(d)(1)(B), providing that petitions, pleadings, and
related documents filed for human trafficking victim expunction
under section 943.0583, Florida Statutes, must be maintained by
the clerk of court as confidential information....
...ifically stated in any
of the following statutes or as they may be amended or renumbered:
(i)-(xxiv) [no change]
(xxv) Petitions, pleadings, and related
documents for human trafficking victim expunction. §
943.0583(12)(a), Fla....
CopyPublished | District Court of Appeal of Florida
order. B.S.D. filed a petition under section
943.0583, Florida Statutes (2021), to expunge an offense
CopyPublished | Supreme Court of Florida
...sworn statement, and certificate of
eligibility shall be served on the prosecuting attorney and the arresting authority;
however, it is not necessary to make any agency other than the state a party.
(2) All relief sought by reason of section 943.0583, Florida
Statutes, shall be by written petition, filed with the clerk....
...ion to
seal pending before any court; and shall be accompanied by official documentation
-5-
of the petitioner’s status as a victim of human trafficking, if any exists. A petition
to expunge, filed under section 943.0583, Florida Statutes, is not required to be
accompanied by a certificate of eligibility from the Florida Department of Law
Enforcement....
...PETITION TO SEAL OR EXPUNGE; HUMAN
TRAFFICKING
(a) Requirements of Petition.
(1) A person who is a victim of human trafficking may petition for
the expunction of a criminal history record pursuant to section 943.0583, Florida
Statutes....
...The prosecuting attorney and arresting
agency may respond to the petition. Official documentation of the victim’s status
creates a presumption that his or her participation in the offense was a result of
having been a victim of human trafficking but is not required for granting a
petition under section 943.0583, Florida Statutes. A determination made without
such official documentation must be made by a showing of clear and convincing
evidence. Determination of the petition under section 943.0583, Florida Statutes,
should be by a preponderance of the evidence.
(c) Written Order....
...)
PETITION TO EXPUNGE/HUMAN TRAFFICKING VICTIM
The petitioner, ...................., by and through the undersigned attorney, petitions this
honorable court, under Florida Rule of Criminal Procedure 3.692 and section 943.0583, Florida
Statutes, to expunge all criminal history record information in the custody of any criminal justice
agency and the official records of the court concerning the petitioner’s arrest and/or conviction
on .....(date(s)).....,...
..., )
)
Defendant/Petitioner )
)
ORDER TO EXPUNGE, HUMAN TRAFFICKING VICTIM,
UNDER SECTION 943.0583, FLORIDA STATUTES,
AND FLORIDA RULE OF CRIMINAL PROCEDURE 3.692
THIS CAUSE, having come on to be heard before me this date upon a petition to
expunge certain records of the petitioner’s arrest and/or c...
...state attorney, ..... special prosecutor, ..... statewide
- 24 -
prosecutor, ..... .....(arresting agency)....., and the Sheriff of ......................... County, who will
comply with the procedures set forth in section 943.0583, Florida Statutes, and appropriate
regulations of the Florida Department of Law Enforcement, and who will further forward a copy
of this order to any agency that their records reflect has received the instant criminal history
record...
...shall expunge all
information concerning indicia of arrest, conviction, or criminal history record information
regarding the arrest, conviction, or alleged criminal activity to which this petition pertains in
accordance with the procedures set forth in section 943.0583, Florida Statutes, and Florida Rule
of Criminal Procedure 3.692.
All costs of certified copies involved herein are to be borne by the ....................
DONE AND ORDERED in Chambers at .......................
...)
PETITION TO EXPUNGE/HUMAN TRAFFICKING VICTIM
The petitioner, ...................., by and through the undersigned attorney, petitions this
honorable court, under Florida Rule of Criminal Procedure 3.693 and section 943.0583, Florida
Statutes, to expunge all criminal history record information in the custody of any criminal justice
agency and the official records of the court concerning the petitioner’s arrest and/or conviction
on .....(date(s)).....,...
..., )
)
Defendant/Petitioner )
)
ORDER TO EXPUNGE, HUMAN TRAFFICKING VICTIM,
UNDER SECTION 943.0583, FLORIDA STATUTES,
AND FLORIDA RULE OF CRIMINAL PROCEDURE 3.693
THIS CAUSE, having come on to be heard before me this date upon a petition to
expunge certain records of the petitioner’s arrest and/or c...
...state attorney, ..... special prosecutor, ..... statewide
- 30 -
prosecutor, ..... .....(arresting agency)....., and the Sheriff of ......................... County, who will
comply with the procedures set forth in section 943.0583, Florida Statutes, and appropriate
regulations of the Florida Department of Law Enforcement, and who will further forward a copy
of this order to any agency that their records reflect has received the instant criminal history
record...
...shall expunge all
information concerning indicia of arrest, conviction, or criminal history record information
regarding the arrest, conviction, or alleged criminal activity to which this petition pertains in
accordance with the procedures set forth in section 943.0583, Florida Statutes, and Florida Rule
of Criminal Procedure 3.693.
All costs of certified copies involved herein are to be borne by the ....................
DONE AND ORDERED in Chambers at .......................
CopyPublished | Supreme Court of Florida | 39 Fla. L. Weekly Supp. 276, 2014 WL 1722476, 2014 Fla. LEXIS 1384
...Forms), suggesting that
1. We have jurisdiction. See art. V, § 2(a), Fla. Const.
all references to “human trafficking expunction” be removed from rules 3.692 and
3.989.2 The Committee responds that the comment’s distinction between section
943.0583 and sections
943.0585-943.059 expungements is well-taken.
Accordingly, we add a new subdivision to rule 3.692 to clearly delineate the
requirements for a petition to expunge under section
943.0583, Florida Statutes.
We further delete the requirement in the forms, rules 3.989(e) and (g), for a
“certificate of eligibility to expunge from FDLE.” Finally, we amend rule 3.989(g)
to include the language that “a conviction e...
...-3-
APPENDIX
RULE 3.692. PETITION TO SEAL OR EXPUNGE
(a) Requirements of Petition.
(1) All relief sought by reason of sections
943.0583943.0585–
943.059, Florida Statutes, shall be by written petition, filed with the clerk....
...of Law Enforcement. A copy of the
completed petition and affidavit shall be served on the prosecuting attorney and the
arresting authority. Notice and hearing shall be as provided in rule 3.590(c).
(2) All relief sought by reason of section 943.0583, Florida
Statutes, shall be by written petition, filed with the clerk....
...that the petitioner does not have any other petition to expunge or any petition to
seal pending before any court; and shall be accompanied by official documentation
of the petitioner’s status as a victim of human trafficking, if any exists. A petition
to expunge, filed under section 943.0583, Florida Statutes, is not required to be
accompanied by a certificate of eligibility from the Florida Department of Law
Enforcement....
...)
)
PETITION TO EXPUNGE/HUMAN TRAFFICKING VICTIM
The petitioner, ...................., by and through the undersigned attorney,
petitions this honorable court, under Florida Rule of Criminal Procedure 3.692 and
section ..... 943.0583, Florida Statutes, to .....expunge........
...certified copy of this order to the (check one) ..... state attorney, ..... special
prosecutor, ..... statewide prosecutor, ..........(arresting agency)....., and the Sheriff
of ......................... County, who will comply with the procedures set forth in
section 943.0583, Florida Statutes, and appropriate regulations of the Florida
Department of Law Enforcement, and who will further forward a copy of this order
to any agency that their records reflect has received the instant criminal history
record...
...shall expunge
all information concerning indicia of arrest, conviction, or criminal history record
information regarding the arrest, conviction, or alleged criminal activity to which
this petition pertains in accordance with the procedures set forth in section
943.0583, Florida Statutes, and Florida Rule of Criminal Procedure 3.692.
All costs of certified copies involved herein are to be borne by the
....................
-8-
DONE AND ORDERED in Chambers at .......................
