DeSantis vetoes bills on cleaning criminal records, criminal sentencing
TALLAHASSEE, Fla. (FLV) – Gov. Ron DeSantis vetoed two criminal justice bills Wednesday, one relating to the expunction of criminal history records, and one regarding criminal sentencing.
A press release from DeSantis’ office did not provide explanations for the vetoes.
The first bill, HB 605, Expunction of Criminal History Records, would have expanded the exception to eligibility requirement for expunction of criminal history record to allow prior expunction of criminal history record granted for an offense committed when a person was minor.
The bill passed by a vote of 38-0 in the Senate and 107-2 in the House.
The legislation was carried in the House by Reps. Michael Gottlieb, D-Davie, and David Smith, R-Winter Springs. Sen. Ana Maria Rodriguez, R-Doral, carried the legislation in the Senate.
Current law only allows one expungement, either as a juvenile or as an adult.
During a March 14 committee meeting, Smith said the bill would allow one expungement as a juvenile, and one as an adult.
The bill would make a person ineligible for a court-ordered expunction if the case giving rise to the criminal history record was dismissed by a court because the defendant was found incompetent to proceed.
Reps. Berny Jacques, R-Clearwater, and Jessica Baker, R-Jacksonville, voted against the legislation.
The second bill, SB 1478, Criminal Sentencing, would prohibit a community sanction violation that was resolved through the alternative sanctioning program from being used to calculate total sentencing points when determining an offender’s sentence for a violation of probation.
In 2019, the legislature standardized a statewide alternative sanctioning program, allowing the Department of Corrections to enforce technical violations with court approval.
The bill also would require a probationer or offender who commits a low-risk violation to be released within 30 days if a violation hearing does not occur.
According to the bill analysis, the bill would have had a negative indeterminate jail and prison bed impact.
The House passed the bill 116-0 and the Senate passed the bill 40-0.
Rep. Carolina Amesty, R-Windermere, carried the bill in the House and Sen. Corey Simon, R-Quincy, in the Senate.
