Bill Text: FL H0951 | 2010 | Regular Session | Comm Sub

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Bill Title: Public Safety [SPSC]

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Passed) 2010-05-11 - Approved by Governor; Chapter No. 2010-62; companion bill(s) passed, see CS/HB 7069 (Ch. 2010-114) [H0951 Detail]

Download: Florida-2010-H0951-Comm_Sub.html

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CS/HB 951

1	A bill to be entitled
2	An act relating to public safety; amending s. 790.065,
3	F.S.; requiring certain reports to be submitted in an
4	automated format; deleting provisions relating to
5	automatic deletion of mental health records under
6	specified conditions from the Department of Law
7	Enforcement's database of such records kept for purposes
8	of sale and delivery of firearms and substituting a
9	procedure for petition to obtain judicial relief from
10	firearm disabilities and, upon obtaining such relief, the
11	removal of the individual mental health records from the
12	department's database; amending s. 943.05, F.S.; revising
13	provisions relating to the Criminal Justice Information
14	Program under the Department of Law Enforcement;
15	authorizing agencies to request the retention of certain
16	fingerprints by the department; providing for rulemaking
17	to require employers to keep the agencies informed of any
18	change in the affiliation, employment, or contractual
19	status of each person whose fingerprints are retained in
20	certain circumstances; providing departmental duties upon
21	notification that a federal fingerprint retention program
22	is in effect; amending s. 943.053, F.S.; removing obsolete
23	references relating to the dissemination of criminal
24	justice information; amending s. 943.12, F.S.; requiring
25	the Criminal Justice Standards and Training Commission to
26	adopt rules relating to the maintenance of officers who
27	engage in those specialized areas found to present a high
28	risk of harm to the officer or the public at large;
29	requiring the commission to adopt rules requiring the
30	demonstration of proficiency in firearms for all law
31	enforcement officers; amending s. 943.131, F.S.; revising
32	provisions relating to exemptions from completing a
33	commission-approved basic recruit training program;
34	amending s. 943.1395, F.S.; revising provisions relating
35	to qualifications for certified law enforcement officers
36	separated from employment for more than a certain period
37	of time; amending s. 943.17, F.S.; deleting a requirement
38	that correctional probation officers pass a specified
39	basic skills examination and assessment instrument before
40	entrance into the basic recruit training program; amending
41	s. 943.32, F.S.; deleting state funding eligibility for a
42	locally funded crime laboratory in Monroe County;
43	providing an effective date.
44
45	Be It Enacted by the Legislature of the State of Florida:
46
47	Section 1. Paragraph (a) of subsection (2) of section
48	790.065, Florida Statutes, is amended to read:
49	790.065 Sale and delivery of firearms.-
50	(2) Upon receipt of a request for a criminal history
51	record check, the Department of Law Enforcement shall, during
52	the licensee's call or by return call, forthwith:
53	(a) Review any records available to determine if the
54	potential buyer or transferee:
55	1. Has been convicted of a felony and is prohibited from
56	receipt or possession of a firearm pursuant to s. 790.23;
57	2. Has been convicted of a misdemeanor crime of domestic
58	violence, and therefore is prohibited from purchasing a firearm;
59	3. Has had adjudication of guilt withheld or imposition of
60	sentence suspended on any felony or misdemeanor crime of
61	domestic violence unless 3 years have elapsed since probation or
62	any other conditions set by the court have been fulfilled or
63	expunction has occurred; or
64	4. Has been adjudicated mentally defective or has been
65	committed to a mental institution by a court and as a result is
66	prohibited by federal law from purchasing a firearm.
67	a. As used in this subparagraph, "adjudicated mentally
68	defective" means a determination by a court that a person, as a
69	result of marked subnormal intelligence, or mental illness,
70	incompetency, condition, or disease, is a danger to himself or
71	herself or to others or lacks the mental capacity to contract or
72	manage his or her own affairs. The phrase includes a judicial
73	finding of incapacity under s. 744.331(6)(a), an acquittal by
74	reason of insanity of a person charged with a criminal offense,
75	and a judicial finding that a criminal defendant is not
76	competent to stand trial.
77	b. As used in this subparagraph, "committed to a mental
78	institution" means involuntary commitment, commitment for mental
79	defectiveness or mental illness, and commitment for substance
80	abuse. The phrase includes involuntary inpatient placement as
81	defined in s. 394.467, involuntary outpatient placement as
82	defined in s. 394.4655, involuntary assessment and stabilization
83	under s. 397.6818, and involuntary substance abuse treatment
84	under s. 397.6957, but does not include a person in a mental
85	institution for observation or discharged from a mental
86	institution based upon the initial review by the physician or a
87	voluntary admission to a mental institution.
88	c. In order to check for these conditions, the department
89	shall compile and maintain an automated database of persons who
90	are prohibited from purchasing a firearm based on court records
91	of adjudications of mental defectiveness or commitments to
92	mental institutions. Clerks of court shall submit these records
93	to the department within 1 month after the rendition of the
94	adjudication or commitment. Reports shall may be submitted in an
95	automated format. The reports must, at a minimum, include the
96	name, along with any known alias or former name, the sex, and
97	the date of birth of the subject. The department shall delete
98	any mental health record from the database upon request of an
99	individual when 5 years have elapsed since the individual's
100	restoration to capacity by court order after being adjudicated
101	an incapacitated person under s. 744.331, or similar laws of any
102	other state; or, in the case of an individual who was previously
103	committed to a mental institution under chapter 394, or similar
104	laws of any other state, when the individual produces a
105	certificate from a licensed psychiatrist that he or she has not
106	suffered from disability for at least 5 years prior to the date
107	of request for removal of the record. When the department has
108	received a subsequent record of an adjudication of mental
109	defectiveness or commitment to a mental institution for such
110	individual, the 5-year timeframe shall be calculated from the
111	most recent adjudication of incapacitation or commitment.
112	d. A person who has been adjudicated mentally defective or
113	committed to a mental institution, as those terms are defined in
114	this paragraph, may petition the circuit court that made the
115	adjudication or commitment for relief from the firearm
116	disabilities imposed by such adjudication or commitment. A copy
117	of the petition shall be served on the state attorney for the
118	county in which the person was adjudicated or committed. The
119	state attorney may object to and present evidence relevant to
120	the relief sought by the petition. The hearing on the petition
121	may be open or closed as the petitioner may choose. The
122	petitioner may present evidence and subpoena witnesses to appear
123	at the hearing on the petition. The petitioner may confront and
124	cross-examine witnesses called by the state attorney. A record
125	of the hearing shall be made by a certified court reporter or by
126	court-approved electronic means. The court shall make written
127	findings of fact and conclusions of law on the issues before it
128	and issue a final order. The court shall grant the relief
129	requested in the petition if the court finds, based on the
130	evidence presented with respect to the petitioner's reputation,
131	the petitioner's mental health record and, if applicable,
132	criminal history record, the circumstances surrounding the
133	firearm disability, and any other evidence in the record, that
134	the petitioner will not be likely to act in a manner that is
135	dangerous to public safety and that granting the relief would
136	not be contrary to the public interest. If the final order
137	denies relief, the petitioner may not petition again for relief
138	from firearm disabilities until 1 year after the date of the
139	final order. The petitioner may seek judicial review of a final
140	order denying relief in the district court of appeal having
141	jurisdiction over the court that issued the order. The review
142	shall be conducted de novo. Relief from a firearm disability
143	granted under this sub-subparagraph has no effect on the loss of
144	civil rights, including firearm rights, for any reason other
145	than the particular adjudication of mental defectiveness or
146	commitment to a mental institution from which relief is granted.
147	e. Upon receipt of proper notice of relief from firearm
148	disabilities granted under sub-subparagraph d., the department
149	shall delete any mental health record of the person granted
150	relief from the automated database of persons who are prohibited
151	from purchasing a firearm based on court records of
152	adjudications of mental defectiveness or commitments to mental
153	institutions.
154	f.d. The department is authorized to disclose the
155	collected data to agencies of the Federal Government and other
156	states for use exclusively in determining the lawfulness of a
157	firearm sale or transfer. The department is also authorized to
158	disclose any collected data to the Department of Agriculture and
159	Consumer Services for purposes of determining eligibility for
160	issuance of a concealed weapons or concealed firearms license
161	and for determining whether a basis exists for revoking or
162	suspending a previously issued license pursuant to s.
163	790.06(10). When a potential buyer or transferee appeals a
164	nonapproval based on these records, the clerks of court and
165	mental institutions shall, upon request by the department,
166	provide information to help determine whether the potential
167	buyer or transferee is the same person as the subject of the
168	record. Photographs and any other data that could confirm or
169	negate identity must be made available to the department for
170	such purposes, notwithstanding any other provision of state law
171	to the contrary. Any such information that is made confidential
172	or exempt from disclosure by law shall retain such confidential
173	or exempt status when transferred to the department.
174	Section 2. Paragraphs (g) and (h) of subsection (2) of
175	section 943.05, Florida Statutes, are amended, and subsection
176	(4) is added to that section, to read:
177	943.05 Criminal Justice Information Program; duties; crime
178	reports.-
179	(2) The program shall:
180	(g) Upon official written request, and subject to the
181	department having sufficient funds and equipment to participate
182	in such a request, from the agency executive director or
183	secretary or from his or her designee, or from qualified
184	entities participating in the volunteer and employee criminal
185	history screening system under s. 943.0542, or as otherwise
186	required As authorized by law, retain fingerprints submitted by
187	criminal and noncriminal justice agencies to the department for
188	a criminal history background screening in a manner provided by
189	rule and enter the fingerprints in the statewide automated
190	fingerprint identification system authorized by paragraph (b).
191	Such fingerprints shall thereafter be available for all purposes
192	and uses authorized for arrest fingerprint submissions cards
193	entered into the statewide automated fingerprint identification
194	system pursuant to s. 943.051.
195	(h)1. For each agency or qualified entity that officially
196	requests retention of fingerprints or for which retention is
197	otherwise required As authorized by law, search all arrest
198	fingerprint submissions cards received under s. 943.051 against
199	the fingerprints retained in the statewide automated fingerprint
200	identification system under paragraph (g).
201	1. Any arrest record that is identified with the retained
202	fingerprints of a person subject to background screening as
203	provided in paragraph (g) shall be reported to the appropriate
204	agency or qualified entity.
205	2. To Agencies may participate in this search process,
206	agencies or qualified entities must notify each person
207	fingerprinted that his or her fingerprints will be retained, pay
208	by payment of an annual fee to the department, and inform by
209	informing the department of any change in the affiliation,
210	employment, or contractual status or place of affiliation,
211	employment, or contracting of each person the persons whose
212	fingerprints are retained under paragraph (g) when such change
213	removes or eliminates the agency or qualified entity's basis or
214	need for receiving reports of any arrest of that person, so that
215	the agency or qualified entity will not be obligated to pay the
216	upcoming annual fee for the retention and searching of that
217	person's fingerprints to the department. The department shall
218	adopt a rule setting the amount of the annual fee to be imposed
219	upon each participating agency or qualified entity for
220	performing these searches and establishing the procedures for
221	the retention of fingerprints and the dissemination of search
222	results. The fee may be borne by the agency, qualified entity,
223	or person subject to fingerprint retention or as otherwise
224	provided by law. Fees may be waived or reduced by the executive
225	director for good cause shown. Consistent with the recognition
226	of criminal justice agencies expressed in s. 943.053(3), these
227	services will be provided to criminal justice agencies for
228	criminal justice purposes free of charge.
229	3. Agencies that participate in the fingerprint retention
230	and search process may adopt rules pursuant to ss. 120.536(1)
231	and 120.54 to require employers to keep the agency informed of
232	any change in the affiliation, employment, or contractual status
233	of each person whose fingerprints are retained under paragraph
234	(g) when such change removes or eliminates the agency's basis or
235	need for receiving reports of any arrest of that person, so that
236	the agency will not be obligated to pay the upcoming annual fee
237	for the retention and searching of that person's fingerprints to
238	the department.
239	(4) Upon notification that a federal fingerprint retention
240	program is in effect, and subject to the department being funded
241	and equipped to participate in such a program, the department
242	shall, when state and national criminal history records checks
243	and retention of submitted prints are authorized or required by
244	law, retain the fingerprints as provided in paragraphs (2)(g)
245	and (h) and advise the Federal Bureau of Investigation to retain
246	the fingerprints at the national level for searching against
247	arrest fingerprint submissions received at the national level.
248	Section 3. Subsections (6) and (11) of section 943.053,
249	Florida Statutes, are amended to read:
250	943.053 Dissemination of criminal justice information;
251	fees.-
252	(6) Notwithstanding any other provision of law, the
253	department shall provide to the Florida Department of Revenue
254	Child Support Enforcement access to Florida criminal history
255	records which are not exempt from disclosure under chapter 119,
256	and to such information as may be lawfully available from other
257	states via the National Law Enforcement Telecommunications
258	System, for the purpose of locating subjects who owe or
259	potentially owe support, as defined in s. 409.2554, or to whom
260	such obligation is owed pursuant to Title IV-D of the Social
261	Security Act. Such information may be provided to child support
262	enforcement authorities in other states for these specific
263	purposes.
264	(11) A criminal justice agency that is authorized under
265	federal rules or law to conduct a criminal history background
266	check on an agency employee who is not certified by the Criminal
267	Justice Standards and Training Commission under s. 943.12 may
268	submit to the department the fingerprints of the noncertified
269	employee to obtain state and national criminal history
270	information. Effective January 15, 2007, the fingerprints
271	submitted shall be retained and entered in the statewide
272	automated fingerprint identification system authorized by s.
273	943.05 and shall be available for all purposes and uses
274	authorized for arrest fingerprint submissions cards entered in
275	the statewide automated fingerprint identification system
276	pursuant to s. 943.051. The department shall search all arrest
277	fingerprint submissions cards received pursuant to s. 943.051
278	against the fingerprints retained in the statewide automated
279	fingerprint identification system pursuant to this section. In
280	addition to all purposes and uses authorized for arrest
281	fingerprint submissions cards for which submitted fingerprints
282	may be used, any arrest record that is identified with the
283	retained employee fingerprints must be reported to the
284	submitting employing agency.
285	Section 4. Subsection (16) of section 943.12, Florida
286	Statutes, is amended to read:
287	943.12 Powers, duties, and functions of the commission.-
288	The commission shall:
289	(16) Adopt Promulgate rules for the certification,
290	maintenance, and discipline of officers who engage in those
291	specialized areas found to present a high risk of harm to the
292	officer or the public at large and which would in turn increase
293	the potential liability of an employing agency. The commission
294	shall adopt rules requiring the demonstration of proficiency in
295	firearms for all law enforcement officers. The commission shall
296	by rule include the frequency of demonstration of proficiency
297	with firearms and the consequences for officers failing to
298	demonstrate proficiency with firearms.
299	Section 5. Subsection (2) of section 943.131, Florida
300	Statutes, is amended to read:
301	943.131 Temporary employment or appointment; minimum basic
302	recruit training exemption.-
303	(2) If an applicant seeks an exemption from completing a
304	commission-approved basic recruit training program, the
305	employing agency or criminal justice selection center must
306	verify that the applicant has successfully completed a
307	comparable basic recruit training program for the discipline in
308	which the applicant is seeking certification in another state or
309	for the Federal Government or a previous Florida basic recruit
310	training program. Further, the employing agency or criminal
311	justice selection center must verify that the applicant has
312	served as a full-time sworn officer in another state or for the
313	Federal Government for at least 1 year provided there is no more
314	than an 8-year break in employment or was a previously certified
315	Florida officer provided there is no more than an 8-year break
316	in employment, as measured from the separation date of the most
317	recent qualifying employment to the time a complete application
318	is submitted for an exemption under this section. When the
319	employing agency or criminal justice selection center obtains
320	written documentation regarding the applicant's criminal justice
321	experience, the documentation must be submitted to the
322	commission. The commission shall adopt rules that establish
323	criteria and procedures to determine if the applicant is exempt
324	from completing the commission-approved basic recruit training
325	program and, upon making a determination, shall notify the
326	employing agency or criminal justice selection center. An
327	applicant who is exempt from completing the commission-approved
328	basic recruit training program must demonstrate proficiency in
329	the high-liability areas, as defined by commission rule, and
330	must complete the requirements of s. 943.13(10) within 1 year
331	after receiving an exemption. If the proficiencies and
332	requirements of s. 943.13(10) are not met within the 1 year, the
333	applicant must seek an additional exemption pursuant to the
334	requirements of this subsection complete a commission-approved
335	basic recruit training program, as required by the commission by
336	rule. Except as provided in subsection (1), before the employing
337	agency may employ or appoint the applicant as an officer, the
338	applicant must meet the minimum qualifications described in s.
339	943.13(1)-(8), and must fulfill the requirements of s.
340	943.13(10).
341	Section 6. Subsection (3) of section 943.1395, Florida
342	Statutes, is amended to read:
343	943.1395 Certification for employment or appointment;
344	concurrent certification; reemployment or reappointment;
345	inactive status; revocation; suspension; investigation.-
346	(3) Any certified officer who has separated from
347	employment or appointment and who is not reemployed or
348	reappointed by an employing agency within 4 years after the date
349	of separation must meet the minimum qualifications described in
350	s. 943.13, except for the requirement found in s. 943.13(9).
351	Further, such officer must complete any training required by the
352	commission by rule in compliance with s. 943.131(2). Any such
353	officer who fails to comply with the requirements provided in s.
354	943.131(2) is not reemployed or reappointed by an employing
355	agency within 8 years after the date of separation must meet the
356	minimum qualifications described in s. 943.13, to include the
357	requirement of s. 943.13(9).
358	Section 7. Paragraph (g) of subsection (1) of section
359	943.17, Florida Statutes, is amended to read:
360	943.17 Basic recruit, advanced, and career development
361	training programs; participation; cost; evaluation.-The
362	commission shall, by rule, design, implement, maintain,
363	evaluate, and revise entry requirements and job-related
364	curricula and performance standards for basic recruit, advanced,
365	and career development training programs and courses. The rules
366	shall include, but are not limited to, a methodology to assess
367	relevance of the subject matter to the job, student performance,
368	and instructor competency.
369	(1) The commission shall:
370	(g) Assure that entrance into the basic recruit training
371	program for law enforcement and, correctional, and correctional
372	probation officers be limited to those who have passed a basic
373	skills examination and assessment instrument, based on a job
374	task analysis in each discipline and adopted by the commission.
375	Section 8. Subsection (2) of section 943.32, Florida
376	Statutes, is amended to read:
377	943.32 Statewide criminal analysis laboratory system.-
378	There is established a statewide criminal analysis laboratory
379	system to be composed of:
380	(2) The existing locally funded laboratories in Broward,
381	Indian River, Miami-Dade, Monroe, Palm Beach, and Pinellas
382	Counties, specifically designated in s. 943.35 to be eligible
383	for state matching funds; and
384	Section 9. This act shall take effect July 1, 2010.

CODING: Words stricken are deletions; words underlined are additions.