Bill Text: FL S0628 | 2016 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Fees for Records

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2016-03-31 - Chapter No. 2016-162 [S0628 Detail]

Download: Florida-2016-S0628-Introduced.html

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       Florida Senate - 2016                                     SB 628
       
       
        
       By Senator Richter
       
       
       
       
       
       23-00543-16                                            2016628__
    1                        A bill to be entitled                      
    2         An act relating to fees for records; amending s.
    3         943.053, F.S.; adding the Agency for Persons with
    4         Disabilities to the list of specified state entities
    5         and vendors that pay a reduced fee per record for
    6         criminal history information for each name submitted;
    7         reenacting ss. 110.1127(4), 435.04(1)(e),
    8         496.4101(3)(b), and 943.0542(2)(c), F.S., relating to
    9         employee background screenings and investigations,
   10         level 2 screening standards, licensure of professional
   11         solicitors and certain employees thereof, and access
   12         to criminal history information provided by the
   13         Department of Law Enforcement to qualified entities,
   14         respectively, to incorporate the amendment made to s.
   15         943.053, F.S., in references thereto; providing an
   16         effective date.
   17          
   18  Be It Enacted by the Legislature of the State of Florida:
   19  
   20         Section 1. Subsection (3) of section 943.053, Florida
   21  Statutes, is amended to read:
   22         943.053 Dissemination of criminal justice information;
   23  fees.—
   24         (3)(a) Criminal history information, including information
   25  relating to minors, compiled by the Criminal Justice Information
   26  Program from intrastate sources shall be available on a priority
   27  basis to criminal justice agencies for criminal justice purposes
   28  free of charge. After providing the program with all known
   29  personal identifying information, persons in the private sector
   30  and noncriminal justice agencies may be provided criminal
   31  history information upon tender of fees as established in this
   32  subsection and in the manner prescribed by rule of the
   33  Department of Law Enforcement. Any access to criminal history
   34  information by the private sector or noncriminal justice
   35  agencies as provided in this subsection shall be assessed
   36  without regard to the quantity or category of criminal history
   37  record information requested.
   38         (b) The fee per record for criminal history information
   39  provided pursuant to this subsection and s. 943.0542 is $24 per
   40  name submitted, except that the fee for the guardian ad litem
   41  program and vendors of the Department of Children and Families,
   42  the Department of Juvenile Justice, the Agency for Persons with
   43  Disabilities, and the Department of Elderly Affairs shall be $8
   44  for each name submitted; the fee for a state criminal history
   45  provided for application processing as required by law to be
   46  performed by the Department of Agriculture and Consumer Services
   47  shall be $15 for each name submitted; and the fee for requests
   48  under s. 943.0542, which implements the National Child
   49  Protection Act, shall be $18 for each volunteer name submitted.
   50  The state offices of the Public Defender shall not be assessed a
   51  fee for Florida criminal history information or wanted person
   52  information.
   53         Section 2. For the purpose of incorporating the amendment
   54  made by this act to section 943.053, Florida Statutes, in a
   55  reference thereto, subsection (4) of section 110.1127, Florida
   56  Statutes, is reenacted to read:
   57         110.1127 Employee background screening and investigations.—
   58         (4) Background screening and investigations shall be
   59  conducted at the expense of the employing agency. If
   60  fingerprinting is required, the fingerprints shall be taken by
   61  the employing agency, a law enforcement agency, or a vendor as
   62  authorized pursuant to s. 435.04, submitted to the Department of
   63  Law Enforcement for state processing, and forwarded by the
   64  Department of Law Enforcement to the Federal Bureau of
   65  Investigation for national processing. The agency or vendor
   66  shall remit the processing fees required by s. 943.053 to the
   67  Department of Law Enforcement.
   68         Section 3. For the purpose of incorporating the amendment
   69  made by this act to section 943.053, Florida Statutes, in a
   70  reference thereto, paragraph (e) of subsection (1) of section
   71  435.04, Florida Statutes, is reenacted to read:
   72         435.04 Level 2 screening standards.—
   73         (1)
   74         (e) Vendors who submit fingerprints on behalf of employers
   75  must:
   76         1. Meet the requirements of s. 943.053; and
   77         2. Have the ability to communicate electronically with the
   78  state agency accepting screening results from the Department of
   79  Law Enforcement and provide the applicant’s full first name,
   80  middle initial, and last name; social security number or
   81  individual taxpayer identification number; date of birth;
   82  mailing address; sex; and race.
   83         Section 4. For the purpose of incorporating the amendment
   84  made by this act to section 943.053, Florida Statutes, in a
   85  reference thereto, paragraph (b) of subsection (3) of section
   86  496.4101, Florida Statutes, is reenacted to read:
   87         496.4101 Licensure of professional solicitors and certain
   88  employees thereof.—
   89         (3)
   90         (b) Fees for state and federal fingerprint processing and
   91  fingerprint retention fees shall be borne by the applicant. The
   92  state cost for fingerprint processing is that authorized in s.
   93  943.053(3)(b) for records provided to persons or entities other
   94  than those specified as exceptions therein.
   95         Section 5. For the purpose of incorporating the amendment
   96  made by this act to section 943.053, Florida Statutes, in a
   97  reference thereto, paragraph (c) of subsection (2) of section
   98  943.0542, Florida Statutes, is reenacted to read:
   99         943.0542 Access to criminal history information provided by
  100  the department to qualified entities.—
  101         (2)
  102         (c) Each such request must be accompanied by payment of a
  103  fee for a statewide criminal history check by the department
  104  established by s. 943.053, plus the amount currently prescribed
  105  by the Federal Bureau of Investigation for the national criminal
  106  history check in compliance with the National Child Protection
  107  Act of 1993, as amended. Payments must be made in the manner
  108  prescribed by the department by rule.
  109         Section 6. This act shall take effect July 1, 2016.