(1) Whenever the state attorney or statewide prosecutor dismisses an information, indictment, or other charging document, or decides not to file an information, indictment, or other charging document because of a finding that the person accused acted in lawful self-defense pursuant to the provisions related to the justifiable use of force in this chapter, that finding shall be documented in writing and retained in the files of the state attorney or statewide prosecutor.
(2) Whenever a court dismisses an information, indictment, or other charging document because of a finding that the person accused acted in lawful self-defense pursuant to the provisions related to the justifiable use of force in this chapter, that finding shall be recorded in an order or memorandum, which shall be retained in the court’s records.
(3) Under either condition described in subsection (1) or subsection (2), the person accused may apply for a certificate of eligibility to expunge the associated criminal history record, pursuant to s. 943.0578, notwithstanding the eligibility requirements prescribed in s. 943.0585(1) or (2).
History.—s. 10, ch. 2014-195; s. 77, ch. 2019-167.
Structure Florida Statutes
Chapter 776 - Justifiable Use of Force
776.012 - Use or Threatened Use of Force in Defense of Person.
776.031 - Use or Threatened Use of Force in Defense of Property.
776.041 - Use or Threatened Use of Force by Aggressor.
776.05 - Law Enforcement Officers; Use of Force in Making an Arrest.
776.06 - Deadly Force by a Law Enforcement or Correctional Officer.