Bill Text: FL S1434 | 2013 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Law Enforcement
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2013-04-25 - Laid on Table, companion bill(s) passed, see CS/HB 585 (Ch. 2013-116) [S1434 Detail]
Download: Florida-2013-S1434-Introduced.html
Bill Title: Law Enforcement
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2013-04-25 - Laid on Table, companion bill(s) passed, see CS/HB 585 (Ch. 2013-116) [S1434 Detail]
Download: Florida-2013-S1434-Introduced.html
Florida Senate - 2013 SB 1434
By Senator Evers
2-00335A-13 20131434__
1 A bill to be entitled
2 An act relating to the Department of Law Enforcement;
3 amending ss. 125.5801 and 166.0442, F.S.; authorizing
4 counties and municipalities to require state and
5 federal criminal history screening for certain
6 specified persons, including employees, private
7 contractors, and employees of private contractors;
8 amending s. 285.18, F.S.; conforming a cross
9 reference; amending s. 406.145, F.S.; removing the
10 Unidentified Person Report form developed by the
11 department as a method to enter certain data; amending
12 s. 414.40, F.S.; conforming cross-references; amending
13 s. 937.021, F.S.; providing for release of information
14 relating to a missing child; amending s. 937.024,
15 F.S.; eliminating a requirement that the Office of
16 Vital Statistics recall each missing child’s birth
17 certificate or birth record from the local registrar
18 of vital statistics in the county of the missing
19 child’s birth; amending s. 937.025, F.S.; making
20 grammatical changes; amending s. 937.028, F.S.;
21 requiring fingerprints of a child taken and retained
22 by specified agencies other than the Department of Law
23 Enforcement to be destroyed when the child becomes 18
24 years of age; requiring that fingerprints of persons,
25 including minors, who are reported missing which have
26 been entered into the automated biometric
27 identification system maintained by the department be
28 retained until the missing person has been recovered;
29 amending s. 943.03, F.S.; removing obsolete provisions
30 applicable to the department; amending s. 943.031,
31 F.S.; making the duties of the Florida Violent Crime
32 and Drug Control Council subject to available funding;
33 removing obsolete provisions; amending s. 943.0435,
34 F.S.; requiring a sexual offender to provide his or
35 her fingerprints and a photograph when registering
36 with the department; amending s. 943.04351, F.S.;
37 requiring a state agency or governmental subdivision,
38 before making an appointment or employment decision,
39 to search certain databases for registered sexual
40 predators and sexual offenders; amending s. 943.0438,
41 F.S.; removing an obsolete date relating to screening
42 athletic coaches as sexual predators or sexual
43 offenders; amending s. 943.045, F.S.; defining the
44 term “biometric”; revising the terms “criminal justice
45 information” and “criminal history information”;
46 amending s. 943.05, F.S.; clarifying duties of the
47 Criminal Justice Information Program pertaining to the
48 statewide automated biometric identification system;
49 amending s. 943.051, F.S.; requiring local law
50 enforcement agencies to have fingerprints, palm
51 prints, and facial images of certain adults and minors
52 captured and electronically submitted to the
53 department; amending s. 943.052, F.S.; revising
54 information that must be included in a disposition
55 report filed with the department; amending s. 943.053,
56 F.S.; requiring that information from criminal justice
57 information systems of the federal government or other
58 states not be disseminated in a manner inconsistent
59 with the rules instituted by the National Crime
60 Prevention and Privacy Compact; amending s. 943.054,
61 F.S.; providing for the availability of federal
62 criminal history records and information in a
63 specified manner; removing certain obsolete
64 restrictions; amending s. 943.0542, F.S.; requiring
65 that payment for a criminal history check be made in
66 the manner prescribed by the department by rule;
67 amending s. 943.0544, F.S.; permitting the department
68 to develop and administer a criminal justice
69 intrastate network; amending ss. 943.055 and 943.056,
70 F.S.; revising provisions to conform to changes made
71 by the act; amending s. 943.0582, F.S.; extending the
72 diversion expunction completion date; removing
73 obsolete language; amending ss. 943.0585 and 943.059,
74 F.S.; revising provisions to conform to changes made
75 by the act; amending s. 943.125, F.S.; providing for
76 the accreditation of state and local law enforcement
77 agencies, correctional facilities, and public agency
78 offices of inspectors general and others; providing
79 legislative intent; specifying the criteria for the
80 law enforcement accreditation; requiring the
81 department to employ and assign support staff to
82 certain accreditation commissions if funding is
83 available; requiring the accreditation commissions to
84 determine accreditation standards used by the
85 accreditation programs; amending s. 943.13, F.S.;
86 removing obsolete provisions and making technical
87 changes; amending s. 943.132, F.S.; deleting a cross
88 reference to a federal law relating to the carrying of
89 concealed firearms by qualified active or qualified
90 retired law enforcement officers; amending ss.
91 943.1395 and 943.1755, F.S.; making technical changes;
92 revising provisions to conform to changes made by the
93 act; amending s. 943.1757, F.S.; removing obsolete
94 time provisions; amending s. 943.25, F.S.; conforming
95 provisions to changes made by the act and making
96 technical changes; amending s. 943.325, F.S.;
97 conforming a cross-reference; amending s. 943.33,
98 F.S.; providing that state-operated laboratories shall
99 furnish laboratory services to law enforcement
100 officials; revising the definition of the term “good
101 cause”; prohibiting the presence of specified persons
102 inside a state-operated laboratory; declaring who is
103 responsible for costs of providing such materials;
104 amending s. 943.68, F.S.; changing a reporting date;
105 providing an effective date.
106
107 Be It Enacted by the Legislature of the State of Florida:
108
109 Section 1. Section 125.5801, Florida Statutes, is amended
110 to read:
111 (Substantial rewording of section. See
112 s. 125.5801, F.S., for present text.)
113 125.5801 Criminal history record checks for certain county
114 employees and appointees.—
115 (1) Notwithstanding chapter 435, a county may require, by
116 ordinance, state and national criminal history screening for
117 any:
118 (a) Position of county employment or appointment, whether
119 paid, unpaid, or contractual, which the governing body of the
120 county finds is critical to security or public safety;
121 (b) Private contractor, employee of a private contractor,
122 vendor, repair person, or delivery person who is subject to
123 licensing or regulation by the county; or
124 (c) Private contractor, employee of a private contractor,
125 vendor, repair person, or delivery person who has direct contact
126 with individual members of the public or access to any public
127 facility or publicly operated facility in such manner or to such
128 an extent that the governing body of the county finds that
129 preventing unsuitable persons from having such contact or access
130 is critical to security or public safety.
131 (2) The ordinance must require each person applying for, or
132 continuing employment or appointment in, any such position,
133 applying for initial or continuing licensing or regulation, or
134 having such contact or access, to be fingerprinted. The
135 fingerprints shall be submitted to the Department of Law
136 Enforcement for a state criminal history record check and to the
137 Federal Bureau of Investigation for a national criminal history
138 record check. The information obtained from the criminal history
139 record checks conducted pursuant to the ordinance may be used by
140 the county to determine an applicant’s eligibility for such
141 employment or appointment and to determine a person’s
142 eligibility for continued employment or appointment. This
143 section is not intended to preempt or prevent any other
144 background screening, including, but not limited to, other
145 criminal history record checks, which a county may lawfully
146 undertake.
147 Section 2. Section 166.0442, Florida Statutes, is amended
148 to read:
149 (Substantial rewording of section. See
150 s. 166.0442, F.S., for present text.)
151 166.0442 Criminal history record checks for certain
152 municipal employees and appointees.—
153 (1) Notwithstanding chapter 435, a municipality may
154 require, by ordinance, state and national criminal history
155 screening for any:
156 (a) Position of municipal employment or appointment,
157 whether paid, unpaid, or contractual, which the governing body
158 of the municipality finds is critical to security or public
159 safety;
160 (b) Private contractor, employee of a private contractor,
161 vendor, repair person, or delivery person who is subject to
162 licensing or regulation by the municipality; or
163 (c) Private contractor, employee of a private contractor,
164 vendor, repair person, or delivery person who has direct contact
165 with individual members of the public or access to any public
166 facility or publicly operated facility in such manner or to such
167 an extent that the governing body of the municipality finds that
168 preventing unsuitable persons from having such contact or access
169 is critical to security or public safety.
170 (2) The ordinance must require each person applying for, or
171 continuing employment or appointment in, any such position,
172 applying for initial or continuing licensing or regulation, or
173 having such contact or access, to be fingerprinted. The
174 fingerprints shall be submitted to the Department of Law
175 Enforcement for a state criminal history record check and to the
176 Federal Bureau of Investigation for a national criminal history
177 record check. The information obtained from the criminal history
178 record checks conducted pursuant to the ordinance may be used by
179 the municipality to determine an applicant’s eligibility for
180 such employment or appointment and to determine a person’s
181 eligibility for continued employment or appointment. This
182 section is not intended to preempt or prevent any other
183 background screening, including, but not limited to, other
184 criminal history background checks, that a municipality may
185 lawfully undertake.
186 Section 3. Subsection (3) of section 285.18, Florida
187 Statutes, is amended to read:
188 285.18 Tribal council as governing body; powers and
189 duties.—
190 (3) The law enforcement agencies of the Seminole Tribe of
191 Florida and the Miccosukee Tribe of Indians of Florida shall
192 have the authority of “criminal justice agencies” as defined in
193 s. 943.045(11)(e) s. 943.045(10)(e) and shall have the specific
194 authority to negotiate agreements with the Florida Department of
195 Law Enforcement, the United States Department of Justice, and
196 other federal law enforcement agencies for access to criminal
197 history records for the purpose of conducting ongoing criminal
198 investigations and for the following governmental purposes:
199 (a) Background investigations, which are required for
200 employment by a tribal education program, tribal Head Start
201 program, or tribal day care program as may be required by state
202 or federal law.
203 (b) Background investigations, which are required for
204 employment by tribal law enforcement agencies.
205 (c) Background investigations, which are required for
206 employment by a tribal government.
207 (d) Background investigations with respect to all
208 employees, primary management officials, and all persons having
209 a financial interest in a class II Indian tribal gaming
210 enterprise to ensure eligibility as provided in the Indian
211 Gaming Regulatory Act, 25 U.S.C. ss. 2701 et al.
212
213 With regard to those investigations authorized in paragraphs
214 (a), (c), and (d), each such individual shall file a complete
215 set of his or her fingerprints that have been taken by an
216 authorized law enforcement officer, which set of fingerprints
217 shall be submitted to the Department of Law Enforcement for
218 state processing and to the Federal Bureau of Investigation for
219 federal processing. The cost of processing shall be borne by the
220 applicant.
221 Section 4. Section 406.145, Florida Statutes, is amended to
222 read:
223 406.145 Unidentified persons; reporting requirements.—When
224 an unidentified body is transported to a district medical
225 examiner pursuant to this chapter, the medical examiner shall
226 immediately report receipt of such body to the appropriate law
227 enforcement agency, provided such law enforcement agency was not
228 responsible for transportation of the body to the medical
229 examiner. If the medical examiner cannot determine the law
230 enforcement agency having jurisdiction, he or she shall notify
231 the sheriff of the county in which the medical examiner is
232 located, who shall determine the law enforcement agency
233 responsible for the identification. It is the duty of the law
234 enforcement officer assigned to and investigating the death to
235 immediately establish the identity of the body. If the body is
236 not immediately identified, the law enforcement agency
237 responsible for investigating the death shall complete an
238 Unidentified Person Report and enter the data, through the
239 Florida Crime Information Center, into the Unidentified Person
240 File of the National Crime Information Center. An Unidentified
241 Person Report is that form identified by the Florida Department
242 of Law Enforcement for use by law enforcement agencies in
243 compiling information for entrance into the Unidentified Person
244 File.
245 Section 5. Paragraph (b) of subsection (2) of section
246 414.40, Florida Statutes, is amended to read:
247 414.40 Stop Inmate Fraud Program established; guidelines.—
248 (2) The Department of Financial Services is directed to
249 implement the Stop Inmate Fraud Program in accordance with the
250 following guidelines:
251 (b) Pursuant to these procedures, the program shall have
252 access to records containing correctional information not exempt
253 from the public records law on incarcerated persons which have
254 been generated as criminal justice information. As used in this
255 paragraph, the term “record” is defined as provided in s.
256 943.045(8) s. 943.045(7), and the term “criminal justice
257 information” is defined as provided in s. 943.045(4) s.
258 943.045(3).
259 Section 6. Paragraphs (a), (b), (d), and (e) of subsection
260 (5) of section 937.021, Florida Statutes, are amended to read:
261 937.021 Missing child and missing adult reports.—
262 (5)(a) Upon receiving a request to record, report,
263 transmit, display, or release an Amber Alert or Missing Child
264 Alert information from the law enforcement agency having
265 jurisdiction over the missing child, the Department of Law
266 Enforcement as the state Amber Alert coordinator, any state or
267 local law enforcement agency, and the personnel of these
268 agencies; any radio or television network, broadcaster, or other
269 media representative; any dealer of communications services as
270 defined in s. 202.11; or any agency, employee, individual, or
271 entity is immune from civil liability for damages for complying
272 in good faith with the request and is presumed to have acted in
273 good faith in recording, reporting, transmitting, displaying, or
274 releasing an Amber Alert or Missing Child Alert information
275 pertaining to the child.
276 (b) Upon receiving a request to record, report, transmit,
277 display, or release information and photographs pertaining to a
278 missing adult or missing child from the law enforcement agency
279 having jurisdiction over the missing adult or missing child, the
280 department, a state or local law enforcement agency, and the
281 personnel of these agencies; any radio or television network,
282 broadcaster, or other media representative; any dealer of
283 communications services as defined in s. 202.11; or any agency,
284 employee, individual, or person is immune from civil liability
285 for damages for complying in good faith with the request to
286 provide information and is presumed to have acted in good faith
287 in recording, reporting, transmitting, displaying, or releasing
288 information or photographs pertaining to the missing adult or
289 missing child.
290 (d) The presumption of good faith is not overcome if a
291 technical or clerical error is made by any agency, employee,
292 individual, or entity acting at the request of the local law
293 enforcement agency having jurisdiction, or if the Amber Alert,
294 Missing Child Alert, missing child information, missing adult
295 information, or Silver Alert information is incomplete or
296 incorrect because the information received from the local law
297 enforcement agency was incomplete or incorrect.
298 (e) Neither This subsection or nor any other provision of
299 law does not create creates a duty of the agency, employee,
300 individual, or entity to record, report, transmit, display, or
301 release the Amber Alert, Missing Child Alert, missing child
302 information, missing adult information, or Silver Alert
303 information received from the local law enforcement agency
304 having jurisdiction. The decision to record, report, transmit,
305 display, or release information is discretionary with the
306 agency, employee, individual, or entity receiving the
307 information.
308 Section 7. Paragraphs (d) and (e) of subsection (1) and
309 paragraph (a) of subsection (2) of section 937.024, Florida
310 Statutes, are amended to read:
311 937.024 Birth records of missing children; registrars’
312 duties.—
313 (1) The Office of Vital Statistics shall:
314 (d) Recall each missing child’s birth certificate or birth
315 record from the local registrar of vital statistics in the
316 county of the missing child’s birth.
317 (d)(e) Collect each month a list of missing children who
318 have been located, as provided by the Department of Law
319 Enforcement’s Florida Crime Information Center; identify which,
320 if any, of the located children were born in this state; and
321 remove its flags from the birth certificates or birth records of
322 such children accordingly.
323 (2)(a) A copy of the birth certificate or information
324 concerning the birth record of any child whose record has been
325 flagged or recalled pursuant to paragraph (1)(c) or paragraph
326 (1)(d) may not be provided by the State Registrar or any local
327 registrar in response to any inquiry, unless the flag has been
328 removed pursuant to paragraph (1)(d) or upon the official
329 request of the Missing Endangered Persons Information
330 Clearinghouse in the department (1)(e).
331 Section 8. Subsection (7) of section 937.025, Florida
332 Statutes, is amended to read:
333 937.025 Missing children; student records; reporting
334 requirements; penalties.—
335 (7) A person who knowingly provides false information
336 concerning a missing child or the efforts to locate and return a
337 missing child whose to a parent, family member, or guardian of a
338 child who has been reported the child missing commits a
339 misdemeanor of the first degree, punishable as provided in s.
340 775.082 or s. 775.083.
341 Section 9. Section 937.028, Florida Statutes, is amended to
342 read:
343 937.028 Fingerprints; missing persons children.—
344 (1) If fingerprints have been taken for the purpose of
345 identifying a child, in the event that child becomes missing,
346 the state agency, public or private organization, or other
347 person who took such fingerprints may shall not release the
348 fingerprints to any law enforcement agency or other person for
349 any purpose other than the identification of a missing child.
350 Such records and data are exempt from the provisions of s.
351 119.07(1).
352 (2) Fingerprints of children taken and retained by any
353 state agency, other than the department, any public or private
354 organization, or other person, excluding the parent or legal
355 custodian of the child, shall be destroyed when the child
356 becomes 18 years of age. Fingerprints of persons, including
357 minors, who are reported missing which have been entered into
358 the automated biometric identification system maintained by the
359 department may be retained until the department is notified that
360 the missing person has been recovered.
361 Section 10. Paragraph (a) of subsection (6) and subsections
362 (12), (13), and (15) of section 943.03, Florida Statutes, are
363 amended to read:
364 943.03 Department of Law Enforcement.—
365 (6)(a) The department shall be governed by all laws
366 regulating the purchase of supplies and equipment as other state
367 agencies and may enter into contracts with other state agencies
368 to make photographs and photocopies photostats, to transmit
369 information electronically by teletype, and to perform all those
370 services consonant with the purpose of this chapter.
371 (12) The department may establish, implement, and maintain
372 a statewide, integrated violent crime information system capable
373 of transmitting criminal justice information relating to violent
374 criminal offenses to and between criminal justice agencies
375 throughout the state.
376 (13) Subject to sufficient annual appropriations, the
377 department shall develop and maintain, in consultation with the
378 Criminal and Juvenile Justice Information Systems Council under
379 s. 943.08, an information system that supports the
380 administration of the state’s criminal and juvenile justice
381 information sharing system in compliance with this chapter and
382 other provisions of law. The department shall serve as custodial
383 manager of the Criminal Justice Network statewide
384 telecommunications and data network developed and maintained as
385 part of the information system authorized by this subsection.
386 (15) The Department of Law Enforcement, in consultation
387 with the Criminal and Juvenile Justice Information Systems
388 Council established in s. 943.06, shall modify the existing
389 statewide uniform statute table in its criminal history system
390 to meet the business requirements of state and local criminal
391 justice and law enforcement agencies. In order to accomplish
392 this objective, the department shall:
393 (a) Define the minimum business requirements necessary for
394 successful implementation.
395 (b) Consider the charging and booking requirements of
396 sheriffs’ offices and police departments and the business
397 requirements of state attorneys, public defenders, criminal
398 conflict and civil regional counsel, clerks of court, judges,
399 and state law enforcement agencies.
400 (c) Adopt rules establishing the necessary technical and
401 business process standards required to implement, operate, and
402 ensure uniform system use and compliance.
403
404 The required system modifications and adopted rules shall be
405 implemented by December 31, 2012.
406 Section 11. Subsections (2), (4), and (5), paragraphs (b)
407 and (c) of subsection (6), and subsection (8), of section
408 943.031, Florida Statutes, are amended to read:
409 943.031 Florida Violent Crime and Drug Control Council.—
410 (2) MEMBERSHIP.—The council shall consist of 14 members, as
411 follows:
412 (a) The Attorney General or a designate.
413 (b) A designate of the executive director of the Department
414 of Law Enforcement.
415 (c) The Secretary of the Department of Corrections or a
416 designate.
417 (d) The Secretary of Juvenile Justice or a designate.
418 (e) The Commissioner of Education or a designate.
419 (f) The president of the Florida Network of Victim/Witness
420 Services, Inc., or a designate.
421 (g) The policy coordinator in the Public Safety Unit of the
422 Governor’s Office of Planning and Budgeting, or a designate.
423 (h) The Chief Financial Officer, or a designate.
424 (i) Six members appointed by the Governor, consisting of
425 two sheriffs, two chiefs of police, one medical examiner, and
426 one state attorney or their designates.
427
428 The Governor, when making appointments under this subsection,
429 must take into consideration representation by geography,
430 population, ethnicity, and other relevant factors to ensure that
431 the membership of the council is representative of the state at
432 large. Designates appearing on behalf of a council member who is
433 unable to attend a meeting of the council are empowered to vote
434 on issues before the council to the same extent the designating
435 council member is so empowered.
436 (4) MEETINGS.—The council must meet at least annually
437 semiannually. Additional meetings may be held when it is
438 determined by the department and chair that extraordinary
439 circumstances require an additional meeting of the council. A
440 majority of the members of the council constitutes a quorum. The
441 council meetings may be conducted by conference call,
442 teleconferencing, or similar technology.
443 (5) DUTIES OF COUNCIL.—Subject to available funding
444 provided to the department by the Legislature, the council shall
445 provide advice and make recommendations, as necessary, to the
446 executive director of the department.
447 (a) The council may advise the executive director on the
448 feasibility of undertaking initiatives which include, but are
449 not limited to, the following:
450 1. Establishing a program that provides grants to criminal
451 justice agencies that develop and implement effective violent
452 crime prevention and investigative programs and which provides
453 grants to law enforcement agencies for the purpose of drug
454 control, criminal gang, and illicit money laundering
455 investigative efforts or task force efforts that are determined
456 by the council to significantly contribute to achieving the
457 state’s goal of reducing drug-related crime, that represent
458 significant criminal gang investigative efforts, that represent
459 a significant illicit money laundering investigative effort, or
460 that otherwise significantly support statewide strategies
461 developed by the Statewide Drug Policy Advisory Council
462 established under s. 397.333, subject to the limitations
463 provided in this section. The grant program may include an
464 innovations grant program to provide startup funding for new
465 initiatives by local and state law enforcement agencies to
466 combat violent crime or to implement drug control, criminal
467 gang, or illicit money laundering investigative efforts or task
468 force efforts by law enforcement agencies, including, but not
469 limited to, initiatives such as:
470 a. Providing enhanced community-oriented policing.
471 b. Providing additional undercover officers and other
472 investigative officers to assist with violent crime
473 investigations in emergency situations.
474 c. Providing funding for multiagency or statewide drug
475 control, criminal gang, or illicit money laundering
476 investigative efforts or task force efforts that cannot be
477 reasonably funded completely by alternative sources and that
478 significantly contribute to achieving the state’s goal of
479 reducing drug-related crime, that represent significant criminal
480 gang investigative efforts, that represent a significant illicit
481 money laundering investigative effort, or that otherwise
482 significantly support statewide strategies developed by the
483 Statewide Drug Policy Advisory Council established under s.
484 397.333.
485 2. Expanding the use of automated biometric fingerprint
486 identification systems at the state and local level.
487 3. Identifying methods to prevent violent crime.
488 4. Identifying methods to enhance multiagency or statewide
489 drug control, criminal gang, or illicit money laundering
490 investigative efforts or task force efforts that significantly
491 contribute to achieving the state’s goal of reducing drug
492 related crime, that represent significant criminal gang
493 investigative efforts, that represent a significant illicit
494 money laundering investigative effort, or that otherwise
495 significantly support statewide strategies developed by the
496 Statewide Drug Policy Advisory Council established under s.
497 397.333.
498 5. Enhancing criminal justice training programs that
499 address violent crime, drug control, illicit money laundering
500 investigative techniques, or efforts to control and eliminate
501 criminal gangs.
502 6. Developing and promoting crime prevention services and
503 educational programs that serve the public, including, but not
504 limited to:
505 a. Enhanced victim and witness counseling services that
506 also provide crisis intervention, information referral,
507 transportation, and emergency financial assistance.
508 b. A well-publicized rewards program for the apprehension
509 and conviction of criminals who perpetrate violent crimes.
510 7. Enhancing information sharing and assistance in the
511 criminal justice community by expanding the use of community
512 partnerships and community policing programs. Such expansion may
513 include the use of civilian employees or volunteers to relieve
514 law enforcement officers of clerical work in order to enable the
515 officers to concentrate on street visibility within the
516 community.
517 (b) The full council shall:
518 1. Receive periodic reports from regional violent crime
519 investigation and statewide drug control strategy implementation
520 coordinating teams which relate to violent crime trends or the
521 investigative needs or successes in the regions, including
522 discussions regarding the activity of significant criminal gangs
523 in the region, factors, and trends relevant to the
524 implementation of the statewide drug strategy, and the results
525 of drug control and illicit money laundering investigative
526 efforts funded in part by the council.
527 2. Maintain and use criteria for the disbursement of funds
528 from the Violent Crime Investigative Emergency and Drug Control
529 Strategy Implementation Account or any other account from which
530 the council may disburse proactive investigative funds as may be
531 established within the Department of Law Enforcement Operating
532 Trust Fund or other appropriations provided to the Department of
533 Law Enforcement by the Legislature in the General Appropriations
534 Act. The criteria shall allow for the advancement of funds to
535 reimburse agencies regarding violent crime investigations as
536 approved by the full council and the advancement of funds to
537 implement proactive drug control strategies or significant
538 criminal gang investigative efforts as authorized by the Drug
539 Control Strategy and Criminal Gang Committee or the Victim and
540 Witness Protection Review Committee. Regarding violent crime
541 investigation reimbursement, an expedited approval procedure
542 shall be established for rapid disbursement of funds in violent
543 crime emergency situations.
544 (c) As used in this section, “significant criminal gang
545 investigative efforts” eligible for proactive funding must
546 involve at a minimum an effort against a known criminal gang
547 that:
548 1. Involves multiple law enforcement agencies.
549 2. Reflects a dedicated significant investigative effort on
550 the part of each participating agency in personnel, time devoted
551 to the investigation, and agency resources dedicated to the
552 effort.
553 3. Reflects a dedicated commitment by a prosecuting
554 authority to ensure that cases developed by the investigation
555 will be timely and effectively prosecuted.
556 4. Demonstrates a strategy and commitment to dismantling
557 the criminal gang via seizures of assets, significant money
558 laundering and organized crime investigations and prosecutions,
559 or similar efforts.
560
561 The council may require satisfaction of additional elements, to
562 include reporting criminal investigative and criminal
563 intelligence information related to criminal gang activity and
564 members in a manner required by the department, as a
565 prerequisite for receiving proactive criminal gang funding.
566 (6) DRUG CONTROL STRATEGY AND CRIMINAL GANG COMMITTEE.—
567 (b) Subject to available funding provided to the department
568 by the Legislature, the committee shall review and approve all
569 requests for disbursement of funds from the Violent Crime
570 Investigative Emergency and Drug Control Strategy Implementation
571 Account within the Department of Law Enforcement Operating Trust
572 Fund and from other appropriations provided to the department by
573 the Legislature in the General Appropriations Act. An expedited
574 approval procedure shall be established for rapid disbursement
575 of funds in violent crime emergency situations. Committee
576 meetings may be conducted by conference call, teleconferencing,
577 or similar technology.
578 (c) Those receiving any proactive funding provided by the
579 council through the committee shall be required to report the
580 results of the investigations to the council once the
581 investigation has been completed. The committee shall also
582 require ongoing status reports on ongoing investigations using
583 such findings in its closed sessions, and may require a
584 recipient to return to the council any portion of unspent
585 funding that has been provided.
586 (8) VICTIM AND WITNESS PROTECTION REVIEW COMMITTEE.—
587 (a) The Victim and Witness Protection Review Committee is
588 created within the Florida Violent Crime and Drug Control
589 Council, consisting of the statewide prosecutor or a state
590 attorney, a sheriff, a chief of police, and the designee of the
591 executive director of the Department of Law Enforcement. The
592 committee shall be appointed from the membership of the council
593 by the chair of the council after the chair has consulted with
594 the executive director of the Department of Law Enforcement.
595 Committee members shall meet in conjunction with the meetings of
596 the council or at other times as required by the department and
597 the chair. Committee meetings may be conducted by conference
598 call, teleconferencing, or similar technology.
599 (b) Subject to available funding provided to the department
600 by the Legislature, the committee shall:
601 1. Maintain and use criteria for disbursing funds to
602 reimburse law enforcement agencies for costs associated with
603 providing victim and witness temporary protective or temporary
604 relocation services.
605 2. Review and approve or deny, in whole or in part, all
606 reimbursement requests submitted by law enforcement agencies.
607 (c) The lead law enforcement agency providing victim or
608 witness protective or temporary relocation services pursuant to
609 the provisions of s. 914.25 may submit a request for
610 reimbursement to the Victim and Witness Protection Review
611 Committee in a format approved by the committee. The lead law
612 enforcement agency shall submit such reimbursement request on
613 behalf of all law enforcement agencies that cooperated in
614 providing protective or temporary relocation services related to
615 a particular criminal investigation or prosecution. As part of
616 the reimbursement request, the lead law enforcement agency must
617 indicate how any reimbursement proceeds will be distributed
618 among the agencies that provided protective or temporary
619 relocation services.
620 (d) The committee, in its discretion, may use funds
621 available to the committee to provide all or partial
622 reimbursement to the lead law enforcement agency for such costs,
623 or may decline to provide any reimbursement.
624 (e) The committee may conduct its meeting by teleconference
625 or conference phone calls when the chair of the committee finds
626 that the need for reimbursement is such that delaying until the
627 next scheduled council meeting will adversely affect the
628 requesting agency’s ability to provide the protection services.
629 Section 12. Paragraph (b) of subsection (2) and paragraph
630 (d) of subsection (4) of section 943.0435, Florida Statutes, are
631 amended to read:
632 943.0435 Sexual offenders required to register with the
633 department; penalty.—
634 (2) A sexual offender shall:
635 (b) Provide his or her name; date of birth; social security
636 number; race; sex; height; weight; hair and eye color; tattoos
637 or other identifying marks; fingerprints; photograph; occupation
638 and place of employment; address of permanent or legal residence
639 or address of any current temporary residence, within the state
640 or out of state, including a rural route address and a post
641 office box; if no permanent or temporary address, any transient
642 residence within the state, address, location or description,
643 and dates of any current or known future temporary residence
644 within the state or out of state; home telephone number and any
645 cellular telephone number; any electronic mail address and any
646 instant message name required to be provided pursuant to
647 paragraph (4)(d); date and place of each conviction; and a brief
648 description of the crime or crimes committed by the offender. A
649 post office box may shall not be provided in lieu of a physical
650 residential address.
651 1. If the sexual offender’s place of residence is a motor
652 vehicle, trailer, mobile home, or manufactured home, as defined
653 in chapter 320, the sexual offender shall also provide to the
654 department through the sheriff’s office written notice of the
655 vehicle identification number; the license tag number; the
656 registration number; and a description, including color scheme,
657 of the motor vehicle, trailer, mobile home, or manufactured
658 home. If the sexual offender’s place of residence is a vessel,
659 live-aboard vessel, or houseboat, as defined in chapter 327, the
660 sexual offender shall also provide to the department written
661 notice of the hull identification number; the manufacturer’s
662 serial number; the name of the vessel, live-aboard vessel, or
663 houseboat; the registration number; and a description, including
664 color scheme, of the vessel, live-aboard vessel, or houseboat.
665 2. If the sexual offender is enrolled, employed, or
666 carrying on a vocation at an institution of higher education in
667 this state, the sexual offender shall also provide to the
668 department through the sheriff’s office the name, address, and
669 county of each institution, including each campus attended, and
670 the sexual offender’s enrollment or employment status. Each
671 change in enrollment or employment status shall be reported in
672 person at the sheriff’s office, within 48 hours after any change
673 in status. The sheriff shall promptly notify each institution of
674 the sexual offender’s presence and any change in the sexual
675 offender’s enrollment or employment status.
676
677 When a sexual offender reports at the sheriff’s office, the
678 sheriff shall take a photograph and a set of fingerprints of the
679 offender and forward the photographs and fingerprints to the
680 department, along with the information provided by the sexual
681 offender. The sheriff shall promptly provide to the department
682 the information received from the sexual offender.
683 (4)
684 (d) A sexual offender must register any electronic mail
685 address or instant message name with the department before prior
686 to using such electronic mail address or instant message name on
687 or after October 1, 2007. The department shall establish an
688 online system through which sexual offenders may securely access
689 and update all electronic mail address and instant message name
690 information.
691 Section 13. Section 943.04351, Florida Statutes, is amended
692 to read:
693 943.04351 Search of registration information regarding
694 sexual predators and sexual offenders required before prior to
695 appointment or employment.—A state agency or governmental
696 subdivision, before prior to making any decision to appoint or
697 employ a person to work, whether for compensation or as a
698 volunteer, at any park, playground, day care center, or other
699 place where children regularly congregate, must conduct a search
700 of that person’s name or other identifying information against
701 the registration information regarding sexual predators and
702 sexual offenders through the Dru Sjodin National Sexual Offender
703 Public Website maintained by the United States Department of
704 Justice. If, for any reason, that website is not available, a
705 search of the registration information regarding sexual
706 predators and sexual offenders maintained by the department
707 under s. 943.043 must be performed maintained by the Department
708 of Law Enforcement under s. 943.043. The agency or governmental
709 subdivision may conduct the search using the Internet site
710 maintained by the Department of Law Enforcement. This section
711 does not apply to those positions or appointments within a state
712 agency or governmental subdivision for which a state and
713 national criminal history background check is conducted.
714 Section 14. Paragraph (a) of subsection (2) of section
715 943.0438, Florida Statutes, is amended to read:
716 943.0438 Athletic coaches for independent sanctioning
717 authorities.—
718 (2) An independent sanctioning authority shall:
719 (a)1. Conduct a background screening of each current and
720 prospective athletic coach. A No person may not shall be
721 authorized by the independent sanctioning authority to act as an
722 athletic coach after July 1, 2010, unless a background screening
723 has been conducted and did not result in disqualification under
724 paragraph (b). Background screenings shall be conducted annually
725 for each athletic coach. For purposes of this section, a
726 background screening shall be conducted with a search of the
727 athletic coach’s name or other identifying information against
728 state and federal registries of sexual predators and sexual
729 offenders, which are available to the public on Internet sites
730 provided by:
731 a. The Department of Law Enforcement under s. 943.043; and
732 b. The Attorney General of the United States under 42
733 U.S.C. s. 16920.
734 2. For purposes of this section, a background screening
735 conducted by a commercial consumer reporting agency in
736 compliance with the federal Fair Credit Reporting Act using the
737 identifying information referenced in subparagraph 1. and that
738 includes searching that information against the sexual predator
739 and sexual offender Internet sites listed in sub-subparagraphs
740 1.a. and b. shall be deemed in compliance with the requirements
741 of this section.
742 Section 15. Present subsections (3) and (4) of section
743 943.045, Florida Statutes, are amended, subsections (6) through
744 (18) are renumbered as subsections (7) through (19),
745 respectively, and a new subsection (3) is added to that section,
746 to read:
747 943.045 Definitions; ss. 943.045-943.08.—The following
748 words and phrases as used in ss. 943.045-943.08 shall have the
749 following meanings:
750 (3) “Biometric” refers to impressions, reproductions, or
751 representations of human physical characteristics, such as DNA,
752 fingerprints, palm prints and footprints, eye retinas and
753 irises, voice patterns, and facial images, by means such as
754 booking and driver license photographs, which, when measured and
755 analyzed, can be used for identification purposes.
756 (4)(3) “Criminal justice information” means information on
757 individuals collected or disseminated as a result of arrest,
758 detention, or the initiation of a criminal proceeding by
759 criminal justice agencies, including arrest record information,
760 correctional and release information, criminal history record
761 information, conviction record information, offender
762 registration information, identification record information, and
763 wanted persons record information. The term does shall not
764 include statistical or analytical records or reports in which
765 individuals are not identified and from which their identities
766 are not ascertainable. The term does shall not include criminal
767 intelligence information or criminal investigative information.
768 (5)(4) “Criminal history information” means information
769 collected by criminal justice agencies on persons, which
770 information consists of identifiable descriptions and notations
771 of arrests, detentions, indictments, informations, or other
772 formal criminal charges and the disposition thereof. The term
773 does not include identification information, such as biometrics
774 fingerprint records, if the information does not indicate
775 involvement of the person in the criminal justice system.
776 Section 16. Paragraphs (b) through (e), (g), and (h) of
777 subsection (2) and subsection (3) of section 943.05, Florida
778 Statutes, are amended to read:
779 943.05 Criminal Justice Information Program; duties; crime
780 reports.—
781 (2) The program shall:
782 (b) Establish, implement, and maintain a statewide
783 automated biometric fingerprint identification system capable
784 of, but not limited to, reading, classifying, matching, and
785 storing fingerprints, rolled fingerprints, and latent
786 fingerprints, palm prints, and facial images. Information
787 contained within the system must shall be available to every
788 criminal justice agency that is responsible for the
789 administration of criminal justice.
790 (c) Initiate a crime information system that is shall be
791 responsible for:
792 1. Preparing and disseminating semiannual reports to the
793 Governor, the Legislature, all criminal justice agencies, and,
794 upon request, the public. Each report must shall include, but
795 need not be limited to, types of crime reported, offenders,
796 arrests, and victims.
797 2. Upon request, providing other states and federal
798 criminal justice agencies with Florida crime data. Where
799 convenient, such data shall conform to definitions established
800 by the requesting agencies.
801 3. In cooperation with other criminal justice agencies,
802 developing and maintaining an offender-based transaction system.
803 (d) Adopt rules to effectively and efficiently implement,
804 administer, manage, maintain, and use the automated biometric
805 fingerprint identification system and uniform offense reports
806 and arrest reports. The rules shall be considered minimum
807 requirements and do shall not preclude a criminal justice agency
808 from implementing its own enhancements. However, rules and forms
809 prescribing uniform arrest or probable cause affidavits and
810 alcohol influence reports to be used by all law enforcement
811 agencies in making DUI arrests under s. 316.193 shall be
812 adopted, and shall be used by all law enforcement agencies in
813 this state. The rules and forms prescribing such uniform
814 affidavits and reports shall be adopted and implemented by July
815 1, 2004. Failure to use these uniform affidavits and reports
816 does, however, shall not prohibit prosecution under s. 316.193.
817 (e) Establish, implement, and maintain a Domestic and
818 Repeat Violence Injunction Statewide Verification System capable
819 of electronically transmitting information to and between
820 criminal justice agencies relating to domestic violence
821 injunctions, injunctions to prevent child abuse issued under
822 chapter 39, and repeat violence injunctions issued by the courts
823 throughout the state. Such information must include, but is not
824 limited to, information as to the existence and status of any
825 such injunction for verification purposes.
826 (g) Upon official written request, and subject to the
827 department having sufficient funds and equipment to participate
828 in such a request, from the agency executive director or
829 secretary or from his or her designee, or from qualified
830 entities participating in the volunteer and employee criminal
831 history screening system under s. 943.0542, or as otherwise
832 required by law, retain fingerprints submitted by criminal and
833 noncriminal justice agencies to the department for a criminal
834 history background screening as provided by rule and enter the
835 fingerprints in the statewide automated biometric fingerprint
836 identification system authorized by paragraph (b). Such
837 fingerprints must shall thereafter be available for all purposes
838 and uses authorized for arrest fingerprint submissions entered
839 into the statewide automated biometric fingerprint
840 identification system pursuant to s. 943.051.
841 (h) For each agency or qualified entity that officially
842 requests retention of fingerprints or for which retention is
843 otherwise required by law, search all arrest fingerprint
844 submissions received under s. 943.051 against the fingerprints
845 retained in the statewide automated biometric fingerprint
846 identification system under paragraph (g).
847 1. Any arrest record that is identified with the retained
848 fingerprints of a person subject to background screening as
849 provided in paragraph (g) shall be reported to the appropriate
850 agency or qualified entity.
851 2. To participate in this search process, agencies or
852 qualified entities must notify each person fingerprinted that
853 his or her fingerprints will be retained, pay an annual fee to
854 the department unless otherwise provided by law, and inform the
855 department of any change in the affiliation, employment, or
856 contractual status of each person whose fingerprints are
857 retained under paragraph (g) if such change removes or
858 eliminates the agency or qualified entity’s basis or need for
859 receiving reports of any arrest of that person, so that the
860 agency or qualified entity is not obligated to pay the upcoming
861 annual fee for the retention and searching of that person’s
862 fingerprints to the department. The department shall adopt a
863 rule setting the amount of the annual fee to be imposed upon
864 each participating agency or qualified entity for performing
865 these searches and establishing the procedures for the retention
866 of fingerprints and the dissemination of search results. The fee
867 may be borne by the agency, qualified entity, or person subject
868 to fingerprint retention or as otherwise provided by law.
869 Consistent with the recognition of criminal justice agencies
870 expressed in s. 943.053(3), these services shall be provided to
871 criminal justice agencies for criminal justice purposes free of
872 charge. Qualified entities that elect to participate in the
873 fingerprint retention and search process are required to timely
874 remit the fee to the department by a payment mechanism approved
875 by the department. If requested by the qualified entity, and
876 with the approval of the department, such fees may be timely
877 remitted to the department by a qualified entity upon receipt of
878 an invoice for such fees from the department. Failure of a
879 qualified entity to pay the amount due on a timely basis or as
880 invoiced by the department may result in the refusal by the
881 department to permit the qualified entity to continue to
882 participate in the fingerprint retention and search process
883 until all fees due and owing are paid.
884 3. Agencies that participate in the fingerprint retention
885 and search process may adopt rules pursuant to ss. 120.536(1)
886 and 120.54 to require employers to keep the agency informed of
887 any change in the affiliation, employment, or contractual status
888 of each person whose fingerprints are retained under paragraph
889 (g) if such change removes or eliminates the agency’s basis or
890 need for receiving reports of any arrest of that person, so that
891 the agency is not obligated to pay the upcoming annual fee for
892 the retention and searching of that person’s fingerprints to the
893 department.
894 (3) If fingerprints submitted to the department for
895 background screening, whether retained or not, are identified
896 with the fingerprints of a person having a criminal history
897 record, such fingerprints may thereafter be available for all
898 purposes and uses authorized for arrest fingerprints fingerprint
899 cards, including, but not limited to, entry into the statewide
900 automated biometric fingerprint identification system to augment
901 or replace the fingerprints that identify the criminal history
902 record.
903 Section 17. Subsections (2) and (3) of section 943.051,
904 Florida Statutes, are amended to read:
905 943.051 Criminal justice information; collection and
906 storage; fingerprinting.—
907 (2) Each adult person charged with or convicted of a
908 felony, misdemeanor, or violation of a comparable ordinance by a
909 state, county, municipal, or other law enforcement agency shall
910 have fingerprints, palm prints, and facial images captured and
911 electronically be fingerprinted, and such fingerprints shall be
912 submitted to the department in the manner prescribed by rule.
913 Exceptions to this requirement for specified misdemeanors or
914 comparable ordinance violations may be made by the department by
915 rule.
916 (3)(a) A minor who is charged with or found to have
917 committed an offense that would be a felony if committed by an
918 adult shall have fingerprints, palm prints, and facial images
919 captured and electronically be fingerprinted and the
920 fingerprints shall be submitted to the department in the manner
921 prescribed by rule.
922 (b) A minor who is charged with or found to have committed
923 the following offenses shall be fingerprinted, and the
924 fingerprints shall be submitted to the department unless the
925 child is issued a civil citation pursuant to s. 985.12:
926 1. Assault, as defined in s. 784.011.
927 2. Battery, as defined in s. 784.03.
928 3. Carrying a concealed weapon, as defined in s. 790.01(1).
929 4. Unlawful use of destructive devices or bombs, as defined
930 in s. 790.1615(1).
931 5. Negligent treatment of children, as defined in s.
932 827.03(1)(e) former s. 827.05.
933 6. Assault or battery on a law enforcement officer, a
934 firefighter, or other specified officers, as defined in s.
935 784.07(2)(a) and (b).
936 7. Open carrying of a weapon, as defined in s. 790.053.
937 8. Exposure of sexual organs, as defined in s. 800.03.
938 9. Unlawful possession of a firearm, as defined in s.
939 790.22(5).
940 10. Petit theft, as defined in s. 812.014(3).
941 11. Cruelty to animals, as defined in s. 828.12(1).
942 12. Arson, as defined in s. 806.031(1).
943 13. Unlawful possession or discharge of a weapon or firearm
944 at a school-sponsored event or on school property as defined in
945 s. 790.115.
946 Section 18. Section 943.052, Florida Statutes, is amended
947 to read:
948 943.052 Disposition reporting.—The Criminal Justice
949 Information Program shall, by rule, establish procedures and a
950 format for each criminal justice agency to monitor its records
951 and submit reports, as provided by this section, to the program.
952 The disposition report shall be developed by the program and
953 must shall include the offender-based transaction system number.
954 (1) Each law enforcement officer or booking officer shall
955 include, with submitted on the arrest information and
956 fingerprints, fingerprint card the offender-based transaction
957 system number.
958 (2) Each clerk of the court shall submit the uniform
959 dispositions to the program or in a manner acceptable to the
960 program. The report shall be submitted at least monthly, once a
961 month and, when acceptable by the program, may be submitted in
962 an automated format acceptable to the department. The
963 disposition report is mandatory for dispositions relating to
964 adult offenders only. Beginning July 1, 2008, a disposition
965 report for each disposition relating to a minor offenders
966 offender is mandatory.
967 (3)(a) The Department of Corrections shall submit
968 information to the program relating to the receipt or discharge
969 of a any person who is sentenced to a state correctional
970 institution.
971 (b) The Department of Juvenile Justice shall submit
972 fingerprints, palm prints, and facial images information to the
973 program relating to the receipt or discharge of a any minor who
974 is found to have committed an offense that would be a felony if
975 committed by an adult, or is found to have committed a
976 misdemeanor specified in s. 943.051(3), and who is committed to
977 the custody of the Department of Juvenile Justice.
978 Section 19. Subsections (2), (3), (11), and (13) of section
979 943.053, Florida Statutes, are amended to read:
980 943.053 Dissemination of criminal justice information;
981 fees.—
982 (2) Criminal justice information derived from federal
983 criminal justice information systems or criminal justice
984 information systems of other states may shall not be
985 disseminated in a manner inconsistent with the rules instituted
986 by the National Crime Prevention and Privacy Compact, 42 U.S.C.
987 s. 14616, as approved and ratified by the Legislature in s.
988 943.0543, or with other applicable laws or rules laws,
989 regulations, or rules of the originating agency.
990 (3)(a) Criminal history information, including information
991 relating to minors, compiled by the Criminal Justice Information
992 Program from intrastate sources shall be available on a priority
993 basis to criminal justice agencies for criminal justice purposes
994 free of charge. After providing the program with all known
995 personal identifying information, persons in the private sector
996 and noncriminal justice agencies may be provided criminal
997 history information upon tender of fees as established in this
998 subsection and in the manner prescribed by rule of the
999 Department of Law Enforcement. Any access to criminal history
1000 information by the private sector or noncriminal justice
1001 agencies as provided in this subsection shall be assessed
1002 without regard to the quantity or category of criminal history
1003 record information requested.
1004 (b) The fee per record for criminal history information
1005 provided pursuant to this subsection and s. 943.0542 is $24 per
1006 name submitted, except that the fee for the guardian ad litem
1007 program and vendors of the Department of Children and Family
1008 Services, the Department of Juvenile Justice, and the Department
1009 of Elderly Affairs shall be $8 for each name submitted; the fee
1010 for a state criminal history provided for application processing
1011 as required by law to be performed by the Department of
1012 Agriculture and Consumer Services shall be $15 for each name
1013 submitted; and the fee for requests under s. 943.0542, which
1014 implements the National Child Protection Act, shall be $18 for
1015 each volunteer name submitted. The state offices of the Public
1016 Defender may shall not be assessed a fee for Florida criminal
1017 history information or wanted person information.
1018 (11) A criminal justice agency that is authorized under
1019 federal rules or law to conduct a criminal history background
1020 check on an agency employee who is not certified by the Criminal
1021 Justice Standards and Training Commission under s. 943.12 may
1022 submit to the department the fingerprints of the noncertified
1023 employee to obtain state and national criminal history
1024 information. The fingerprints shall be retained and entered in
1025 the statewide automated biometric fingerprint identification
1026 system authorized by s. 943.05 and must shall be available for
1027 all purposes and uses authorized for arrest fingerprint
1028 submissions entered in the statewide automated biometric
1029 fingerprint identification system pursuant to s. 943.051. The
1030 department shall search all arrest fingerprint submissions
1031 received pursuant to s. 943.051 against the fingerprints
1032 retained in the statewide automated biometric fingerprint
1033 identification system pursuant to this section. In addition to
1034 all purposes and uses authorized for arrest biometric
1035 fingerprint submissions for which submitted fingerprints may be
1036 used, any arrest record that is identified with the retained
1037 employee fingerprints must be reported to the submitting
1038 employing agency.
1039 (13)(a) For the department to accept an electronic
1040 fingerprint submission from:
1041 1. A private vendor engaged in the business of providing
1042 electronic fingerprint submission; or
1043 2. A private entity or public agency that submits the
1044 fingerprints of its own employees, volunteers, contractors,
1045 associates, or applicants for the purpose of conducting a
1046 required or permitted criminal history background check,
1047
1048 the vendor, entity, or agency submitting the fingerprints must
1049 enter into an agreement with the department which that at a
1050 minimum obligates the vendor, entity, or agency to comply with
1051 certain specified standards to ensure that all persons who have
1052 having direct or indirect responsibility for verifying
1053 information, taking fingerprints, identifying, and
1054 electronically submitting fingerprints are qualified to do so.
1055 The agreement must also and will ensure the integrity and
1056 security of all personal information gathered from the persons
1057 whose fingerprints are submitted.
1058 (b) Such standards must shall include, but need not be
1059 limited to, requirements requiring that:
1060 1. All persons responsible for taking fingerprints and
1061 collecting personal identifying information from the persons
1062 being fingerprinted to meet current written state and federal
1063 guidelines for identity verification and for recording legible
1064 fingerprints;
1065 2. The department and the Federal Bureau of Investigation’s
1066 technical standards for the electronic submission of
1067 fingerprints be are satisfied;
1068 3. The fingerprint images electronically submitted satisfy
1069 the department’s and the Federal Bureau of Investigation’s
1070 quality standards; and
1071 4. A person may not take his or her own fingerprints for
1072 submission to the department.
1073 (c) The requirement for entering into an agreement with the
1074 department for this purpose does not apply to criminal justice
1075 agencies as defined in s. 943.045(11) at s. 943.045(10).
1076 (d) The agreement with the department must require the
1077 vendor, entity, or agency to collect from the person or entity
1078 on whose behalf the fingerprints are submitted the fees
1079 prescribed by state and federal law for processing the
1080 fingerprints for a criminal history check. The agreement must
1081 provide that such fees be timely remitted to the department by a
1082 payment mechanism approved by the department. If requested by
1083 the vendor, entity, or agency, and with the approval of the
1084 department, such fees may be timely remitted to the department
1085 by a vendor, entity, or agency upon receipt of an invoice for
1086 such fees from the department. Failure of a vendor, entity, or
1087 agency to pay the amount due on a timely basis or as invoiced by
1088 the department may result in the refusal by the department to
1089 accept future fingerprint submissions until all fees due and
1090 owing are paid.
1091 Section 20. Subsection (1) of section 943.054, Florida
1092 Statutes, is amended to read:
1093 943.054 Exchange of federal criminal history records and
1094 information.—
1095 (1) Criminal history information derived from any United
1096 States Department of Justice criminal justice information system
1097 is available:
1098 (a) To criminal justice agencies for criminal justice
1099 purposes.
1100 (b) Pursuant to applicable federal laws and regulations,
1101 including those instituted by the National Crime Prevention and
1102 Privacy Compact, 42 U.S.C. s. 14616, for use in connection with
1103 licensing or local or state employment or for such other uses
1104 only as authorized by federal or state laws which have been
1105 approved by the United States Attorney General or the Attorney
1106 General’s designee. When no active prosecution of the charge is
1107 known to be pending, arrest data more than 1 year old is not
1108 disseminated unless accompanied by information relating to the
1109 disposition of that arrest.
1110 (c) For issuance of press releases and publicity designed
1111 to effect the apprehension of wanted persons in connection with
1112 serious or significant offenses.
1113 Section 21. Paragraphs (b) and (c) of subsection (2) of
1114 section 943.0542, Florida Statutes, are amended to read:
1115 943.0542 Access to criminal history information provided by
1116 the department to qualified entities.—
1117 (2)
1118 (b) A qualified entity shall submit to the department a
1119 request for screening an employee or volunteer or person
1120 applying to be an employee or volunteer by submitting
1121 fingerprints on a completed fingerprint card, or the request may
1122 be submitted electronically. The qualified entity must maintain
1123 a signed waiver allowing the release of the state and national
1124 criminal history record information to the qualified entity.
1125 (c) Each such request must be paid for accompanied by a fee
1126 for a statewide criminal history check by the department
1127 established by s. 943.053, plus the amount currently prescribed
1128 by the Federal Bureau of Investigation for the national criminal
1129 history check in compliance with the National Child Protection
1130 Act of 1993, as amended. Payment must be made in the manner
1131 prescribed by the department by rule.
1132 Section 22. Subsection (2) of section 943.0544, Florida
1133 Statutes, is amended to read:
1134 943.0544 Criminal justice information network and
1135 information management.—
1136 (2) The department may develop, implement, maintain,
1137 manage, and operate the Criminal Justice Network, which shall be
1138 an intrastate network for agency intraagency information and
1139 data-sharing network for use by the state’s criminal justice
1140 agencies. The department, in consultation with the Criminal and
1141 Juvenile Justice Information Systems Council, shall determine
1142 and regulate access to the Criminal Justice Network by the
1143 state’s criminal justice agencies.
1144 Section 23. Section 943.055, Florida Statutes, is amended
1145 to read:
1146 943.055 Records and audit.—
1147 (1) Criminal justice agencies disseminating criminal
1148 justice information derived from a Department of Law Enforcement
1149 criminal justice information system shall maintain a record of
1150 dissemination in accordance with the user agreements in s.
1151 943.0525 with rules adopted by the Department of Law
1152 Enforcement.
1153 (2) The Criminal Justice Information Program shall arrange
1154 for any audits of state and local criminal justice and
1155 noncriminal justice agencies necessary to assure compliance with
1156 federal laws and regulations, this chapter, and rules of the
1157 Department of Law Enforcement pertaining to the establishment,
1158 operation, security, and maintenance of criminal justice
1159 information systems.
1160 Section 24. Subsection (2) of section 943.056, Florida
1161 Statutes, is amended to read:
1162 943.056 Access to, review and challenge of, criminal
1163 history records.—
1164 (2) Criminal justice agencies subject to chapter 120 shall
1165 be subject to hearings regarding those portions of criminal
1166 history records for which the agency served as originator. When
1167 it is determined what the record should contain in order to be
1168 complete and accurate, the Criminal Justice Information Program
1169 shall be advised and shall conform state and federal records to
1170 the corrected criminal history record information and shall
1171 request that the federal records be corrected.
1172 Section 25. Paragraphs (b) and (c) of subsection (3),
1173 subsection (5), and subsection (6) of section 943.0582, Florida
1174 Statutes, are amended to read:
1175 943.0582 Prearrest, postarrest, or teen court diversion
1176 program expunction.—
1177 (3) The department shall expunge the nonjudicial arrest
1178 record of a minor who has successfully completed a prearrest or
1179 postarrest diversion program if that minor:
1180 (b) Submits the application for prearrest or postarrest
1181 diversion expunction no later than 12 6 months after completion
1182 of the diversion program.
1183 (c) Submits to the department, with the application, an
1184 official written statement from the state attorney for the
1185 county in which the arrest occurred certifying that he or she
1186 has successfully completed that county’s prearrest or postarrest
1187 diversion program, and that his or her participation in the
1188 program was based on an arrest is strictly limited to minors
1189 arrested for a nonviolent misdemeanor, and that he or she has
1190 who have not otherwise been charged with or found to have
1191 committed any criminal offense or comparable ordinance
1192 violation.
1193 (5) This section operates retroactively to permit the
1194 expunction of any nonjudicial record of the arrest of a minor
1195 who has successfully completed a prearrest or postarrest
1196 diversion program on or after July 1, 2000; however, in the case
1197 of a minor whose completion of the program occurred before the
1198 effective date of this section, the application for prearrest or
1199 postarrest diversion expunction must be submitted within 6
1200 months after the effective date of this section.
1201 (5)(6) Expunction or sealing granted under this section
1202 does not prevent the minor who receives such relief from
1203 petitioning for the expunction or sealing of a later criminal
1204 history record as provided for in ss. 943.0585 and 943.059, if
1205 the minor is otherwise eligible under those sections.
1206 Section 26. Subsection (1), paragraph (f) of subsection
1207 (2), and paragraphs (a) and (c) of subsection (4) of section
1208 943.0585, Florida Statutes, are amended to read:
1209 943.0585 Court-ordered expunction of criminal history
1210 records.—The courts of this state have jurisdiction over their
1211 own procedures, including the maintenance, expunction, and
1212 correction of judicial records containing criminal history
1213 information to the extent such procedures are not inconsistent
1214 with the conditions, responsibilities, and duties established by
1215 this section. Any court of competent jurisdiction may order a
1216 criminal justice agency to expunge the criminal history record
1217 of a minor or an adult who complies with the requirements of
1218 this section. The court shall not order a criminal justice
1219 agency to expunge a criminal history record until the person
1220 seeking to expunge a criminal history record has applied for and
1221 received a certificate of eligibility for expunction pursuant to
1222 subsection (2). A criminal history record that relates to a
1223 violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794,
1224 s. 796.03, s. 800.04, s. 810.14, s. 817.034, s. 825.1025, s.
1225 827.071, chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s.
1226 893.135, s. 916.1075, a violation enumerated in s. 907.041, or
1227 any violation specified as a predicate offense for registration
1228 as a sexual predator pursuant to s. 775.21, without regard to
1229 whether that offense alone is sufficient to require such
1230 registration, or for registration as a sexual offender pursuant
1231 to s. 943.0435, may not be expunged, without regard to whether
1232 adjudication was withheld, if the defendant was found guilty of
1233 or pled guilty or nolo contendere to the offense, or if the
1234 defendant, as a minor, was found to have committed, or pled
1235 guilty or nolo contendere to committing, the offense as a
1236 delinquent act. The court may only order expunction of a
1237 criminal history record pertaining to one arrest or one incident
1238 of alleged criminal activity, except as provided in this
1239 section. The court may, at its sole discretion, order the
1240 expunction of a criminal history record pertaining to more than
1241 one arrest if the additional arrests directly relate to the
1242 original arrest. If the court intends to order the expunction of
1243 records pertaining to such additional arrests, such intent must
1244 be specified in the order. A criminal justice agency may not
1245 expunge any record pertaining to such additional arrests if the
1246 order to expunge does not articulate the intention of the court
1247 to expunge a record pertaining to more than one arrest. This
1248 section does not prevent the court from ordering the expunction
1249 of only a portion of a criminal history record pertaining to one
1250 arrest or one incident of alleged criminal activity.
1251 Notwithstanding any law to the contrary, a criminal justice
1252 agency may comply with laws, court orders, and official requests
1253 of other jurisdictions relating to expunction, correction, or
1254 confidential handling of criminal history records or information
1255 derived therefrom. This section does not confer any right to the
1256 expunction of any criminal history record, and any request for
1257 expunction of a criminal history record may be denied at the
1258 sole discretion of the court.
1259 (1) PETITION TO EXPUNGE A CRIMINAL HISTORY RECORD.—Each
1260 petition to a court to expunge a criminal history record is
1261 complete only when accompanied by:
1262 (a) A valid certificate of eligibility for expunction
1263 issued by the department pursuant to subsection (2).
1264 (b) The petitioner’s sworn statement attesting that the
1265 petitioner:
1266 1. Has never, before prior to the date on which the
1267 petition is filed, been adjudicated guilty of a criminal offense
1268 or comparable ordinance violation, or been adjudicated
1269 delinquent for committing any felony or a misdemeanor specified
1270 in s. 943.051(3)(b).
1271 2. Has not been adjudicated guilty of, or adjudicated
1272 delinquent for committing, any of the acts stemming from the
1273 arrest or alleged criminal activity to which the petition
1274 pertains.
1275 3. Has never secured a prior sealing or expunction of a
1276 criminal history record under this section, former s. 893.14,
1277 former s. 901.33, or former s. 943.058, or s. 943.059 from any
1278 jurisdiction outside the state, unless expunction is sought of a
1279 criminal history record previously sealed for 10 years pursuant
1280 to paragraph (2)(h) and the record is otherwise eligible for
1281 expunction.
1282 4. Is eligible for such an expunction to the best of his or
1283 her knowledge or belief and does not have any other petition to
1284 expunge or any petition to seal pending before any court.
1285
1286 Any person who knowingly provides false information on such
1287 sworn statement to the court commits a felony of the third
1288 degree, punishable as provided in s. 775.082, s. 775.083, or s.
1289 775.084.
1290 (2) CERTIFICATE OF ELIGIBILITY FOR EXPUNCTION.—Prior to
1291 petitioning the court to expunge a criminal history record, a
1292 person seeking to expunge a criminal history record shall apply
1293 to the department for a certificate of eligibility for
1294 expunction. The department shall, by rule adopted pursuant to
1295 chapter 120, establish procedures pertaining to the application
1296 for and issuance of certificates of eligibility for expunction.
1297 A certificate of eligibility for expunction is valid for 12
1298 months after the date stamped on the certificate when issued by
1299 the department. After that time, the petitioner must reapply to
1300 the department for a new certificate of eligibility. Eligibility
1301 for a renewed certification of eligibility must be based on the
1302 status of the applicant and the law in effect at the time of the
1303 renewal application. The department shall issue a certificate of
1304 eligibility for expunction to a person who is the subject of a
1305 criminal history record if that person:
1306 (f) Has never secured a prior sealing or expunction of a
1307 criminal history record under this section, former s. 893.14,
1308 former s. 901.33, or former s. 943.058, or s. 943.059 unless
1309 expunction is sought of a criminal history record previously
1310 sealed for 10 years pursuant to paragraph (h) and the record is
1311 otherwise eligible for expunction.
1312 (4) EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.—Any
1313 criminal history record of a minor or an adult which is ordered
1314 expunged by a court of competent jurisdiction pursuant to this
1315 section must be physically destroyed or obliterated by any
1316 criminal justice agency having custody of such record; except
1317 that any criminal history record in the custody of the
1318 department must be retained in all cases. A criminal history
1319 record ordered expunged that is retained by the department is
1320 confidential and exempt from the provisions of s. 119.07(1) and
1321 s. 24(a), Art. I of the State Constitution and not available to
1322 any person or entity except upon order of a court of competent
1323 jurisdiction. A criminal justice agency may retain a notation
1324 indicating compliance with an order to expunge.
1325 (a) The person who is the subject of a criminal history
1326 record that is expunged under this section or under other
1327 provisions of law, including former s. 893.14, former s. 901.33,
1328 and former s. 943.058, may lawfully deny or fail to acknowledge
1329 the arrests covered by the expunged record, except when the
1330 subject of the record:
1331 1. Is a candidate for employment with a criminal justice
1332 agency;
1333 2. Is a defendant in a criminal prosecution;
1334 3. Concurrently or subsequently petitions for relief under
1335 this section or s. 943.059;
1336 4. Is a candidate for admission to The Florida Bar;
1337 5. Is seeking to be employed or licensed by or to contract
1338 with the Department of Children and Families Family Services,
1339 the Division of Vocational Rehabilitation within the Department
1340 of Education, the Agency for Health Care Administration, the
1341 Agency for Persons with Disabilities, the Department of Health,
1342 the Department of Elderly Affairs, or the Department of Juvenile
1343 Justice or to be employed or used by such contractor or licensee
1344 in a sensitive position having direct contact with children, the
1345 disabled, or the elderly; or
1346 6. Is seeking to be employed or licensed by the Department
1347 of Education, any district school board, any university
1348 laboratory school, any charter school, any private or parochial
1349 school, or any local governmental entity that licenses child
1350 care facilities.; or
1351 7. Is seeking authorization from a seaport listed in s.
1352 311.09 for employment within or access to one or more of such
1353 seaports pursuant to s. 311.12.
1354 (c) Information relating to the existence of an expunged
1355 criminal history record which is provided in accordance with
1356 paragraph (a) is confidential and exempt from the provisions of
1357 s. 119.07(1) and s. 24(a), Art. I of the State Constitution,
1358 except that the department shall disclose the existence of a
1359 criminal history record ordered expunged to the entities set
1360 forth in subparagraphs (a)1., 4., 5., and 6., and 7. for their
1361 respective licensing, access authorization, and employment
1362 purposes, and to criminal justice agencies for their respective
1363 criminal justice purposes. It is unlawful for any employee of an
1364 entity set forth in subparagraph (a)1., subparagraph (a)4.,
1365 subparagraph (a)5., or subparagraph (a)6., or subparagraph (a)7.
1366 to disclose information relating to the existence of an expunged
1367 criminal history record of a person seeking employment, access
1368 authorization, or licensure with such entity or contractor,
1369 except to the person to whom the criminal history record relates
1370 or to persons having direct responsibility for employment,
1371 access authorization, or licensure decisions. Any person who
1372 violates this paragraph commits a misdemeanor of the first
1373 degree, punishable as provided in s. 775.082 or s. 775.083.
1374 Section 27. Subsection (1), paragraph (e) of subsection
1375 (2), and subsection (4) of section 943.059, Florida Statutes,
1376 are amended to read:
1377 943.059 Court-ordered sealing of criminal history records.
1378 The courts of this state shall continue to have jurisdiction
1379 over their own procedures, including the maintenance, sealing,
1380 and correction of judicial records containing criminal history
1381 information to the extent such procedures are not inconsistent
1382 with the conditions, responsibilities, and duties established by
1383 this section. Any court of competent jurisdiction may order a
1384 criminal justice agency to seal the criminal history record of a
1385 minor or an adult who complies with the requirements of this
1386 section. The court shall not order a criminal justice agency to
1387 seal a criminal history record until the person seeking to seal
1388 a criminal history record has applied for and received a
1389 certificate of eligibility for sealing pursuant to subsection
1390 (2). A criminal history record that relates to a violation of s.
1391 393.135, s. 394.4593, s. 787.025, chapter 794, s. 796.03, s.
1392 800.04, s. 810.14, s. 817.034, s. 825.1025, s. 827.071, chapter
1393 839, s. 847.0133, s. 847.0135, s. 847.0145, s. 893.135, s.
1394 916.1075, a violation enumerated in s. 907.041, or any violation
1395 specified as a predicate offense for registration as a sexual
1396 predator pursuant to s. 775.21, without regard to whether that
1397 offense alone is sufficient to require such registration, or for
1398 registration as a sexual offender pursuant to s. 943.0435, may
1399 not be sealed, without regard to whether adjudication was
1400 withheld, if the defendant was found guilty of or pled guilty or
1401 nolo contendere to the offense, or if the defendant, as a minor,
1402 was found to have committed or pled guilty or nolo contendere to
1403 committing the offense as a delinquent act. The court may only
1404 order sealing of a criminal history record pertaining to one
1405 arrest or one incident of alleged criminal activity, except as
1406 provided in this section. The court may, at its sole discretion,
1407 order the sealing of a criminal history record pertaining to
1408 more than one arrest if the additional arrests directly relate
1409 to the original arrest. If the court intends to order the
1410 sealing of records pertaining to such additional arrests, such
1411 intent must be specified in the order. A criminal justice agency
1412 may not seal any record pertaining to such additional arrests if
1413 the order to seal does not articulate the intention of the court
1414 to seal records pertaining to more than one arrest. This section
1415 does not prevent the court from ordering the sealing of only a
1416 portion of a criminal history record pertaining to one arrest or
1417 one incident of alleged criminal activity. Notwithstanding any
1418 law to the contrary, a criminal justice agency may comply with
1419 laws, court orders, and official requests of other jurisdictions
1420 relating to sealing, correction, or confidential handling of
1421 criminal history records or information derived therefrom. This
1422 section does not confer any right to the sealing of any criminal
1423 history record, and any request for sealing a criminal history
1424 record may be denied at the sole discretion of the court.
1425 (1) PETITION TO SEAL A CRIMINAL HISTORY RECORD.—Each
1426 petition to a court to seal a criminal history record is
1427 complete only when accompanied by:
1428 (a) A valid certificate of eligibility for sealing issued
1429 by the department pursuant to subsection (2).
1430 (b) The petitioner’s sworn statement attesting that the
1431 petitioner:
1432 1. Has never, prior to the date on which the petition is
1433 filed, been adjudicated guilty of a criminal offense or
1434 comparable ordinance violation, or been adjudicated delinquent
1435 for committing any felony or a misdemeanor specified in s.
1436 943.051(3)(b).
1437 2. Has not been adjudicated guilty of or adjudicated
1438 delinquent for committing any of the acts stemming from the
1439 arrest or alleged criminal activity to which the petition to
1440 seal pertains.
1441 3. Has never secured a prior sealing or expunction of a
1442 criminal history record under this section, former s. 893.14,
1443 former s. 901.33, former s. 943.058, s. 943.0585 or from any
1444 jurisdiction outside the state.
1445 4. Is eligible for such a sealing to the best of his or her
1446 knowledge or belief and does not have any other petition to seal
1447 or any petition to expunge pending before any court.
1448
1449 Any person who knowingly provides false information on such
1450 sworn statement to the court commits a felony of the third
1451 degree, punishable as provided in s. 775.082, s. 775.083, or s.
1452 775.084.
1453 (2) CERTIFICATE OF ELIGIBILITY FOR SEALING.—Prior to
1454 petitioning the court to seal a criminal history record, a
1455 person seeking to seal a criminal history record shall apply to
1456 the department for a certificate of eligibility for sealing. The
1457 department shall, by rule adopted pursuant to chapter 120,
1458 establish procedures pertaining to the application for and
1459 issuance of certificates of eligibility for sealing. A
1460 certificate of eligibility for sealing is valid for 12 months
1461 after the date stamped on the certificate when issued by the
1462 department. After that time, the petitioner must reapply to the
1463 department for a new certificate of eligibility. Eligibility for
1464 a renewed certification of eligibility must be based on the
1465 status of the applicant and the law in effect at the time of the
1466 renewal application. The department shall issue a certificate of
1467 eligibility for sealing to a person who is the subject of a
1468 criminal history record provided that such person:
1469 (e) Has never secured a prior sealing or expunction of a
1470 criminal history record under this section, former s. 893.14,
1471 former s. 901.33, or former s. 943.058, or s. 943.0585.
1472 (4) EFFECT OF CRIMINAL HISTORY RECORD SEALING.—A criminal
1473 history record of a minor or an adult which is ordered sealed by
1474 a court of competent jurisdiction pursuant to this section is
1475 confidential and exempt from the provisions of s. 119.07(1) and
1476 s. 24(a), Art. I of the State Constitution and is available only
1477 to the person who is the subject of the record, to the subject’s
1478 attorney, to criminal justice agencies for their respective
1479 criminal justice purposes, which include conducting a criminal
1480 history background check for approval of firearms purchases or
1481 transfers as authorized by state or federal law, to judges in
1482 the state courts system for the purpose of assisting them in
1483 their case-related decisionmaking responsibilities, as set forth
1484 in s. 943.053(5), or to those entities set forth in
1485 subparagraphs (a)1., 4., 5., and 6., and 8. for their respective
1486 licensing, access authorization, and employment purposes.
1487 (a) The subject of a criminal history record sealed under
1488 this section or under other provisions of law, including former
1489 s. 893.14, former s. 901.33, and former s. 943.058, may lawfully
1490 deny or fail to acknowledge the arrests covered by the sealed
1491 record, except when the subject of the record:
1492 1. Is a candidate for employment with a criminal justice
1493 agency;
1494 2. Is a defendant in a criminal prosecution;
1495 3. Concurrently or subsequently petitions for relief under
1496 this section or s. 943.0585;
1497 4. Is a candidate for admission to The Florida Bar;
1498 5. Is seeking to be employed or licensed by or to contract
1499 with the Department of Children and Families Family Services,
1500 the Division of Vocational Rehabilitation within the Department
1501 of Education, the Agency for Health Care Administration, the
1502 Agency for Persons with Disabilities, the Department of Health,
1503 the Department of Elderly Affairs, or the Department of Juvenile
1504 Justice or to be employed or used by such contractor or licensee
1505 in a sensitive position having direct contact with children, the
1506 disabled, or the elderly;
1507 6. Is seeking to be employed or licensed by the Department
1508 of Education, any district school board, any university
1509 laboratory school, any charter school, any private or parochial
1510 school, or any local governmental entity that licenses child
1511 care facilities; or
1512 7. Is attempting to purchase a firearm from a licensed
1513 importer, licensed manufacturer, or licensed dealer and is
1514 subject to a criminal history check under state or federal law.;
1515 or
1516 8. Is seeking authorization from a Florida seaport
1517 identified in s. 311.09 for employment within or access to one
1518 or more of such seaports pursuant to s. 311.12.
1519 (b) Subject to the exceptions in paragraph (a), a person
1520 who has been granted a sealing under this section, former s.
1521 893.14, former s. 901.33, or former s. 943.058 may not be held
1522 under any provision of law of this state to commit perjury or to
1523 be otherwise liable for giving a false statement by reason of
1524 such person’s failure to recite or acknowledge a sealed criminal
1525 history record.
1526 (c) Information relating to the existence of a sealed
1527 criminal record provided in accordance with the provisions of
1528 paragraph (a) is confidential and exempt from the provisions of
1529 s. 119.07(1) and s. 24(a), Art. I of the State Constitution,
1530 except that the department shall disclose the sealed criminal
1531 history record to the entities set forth in subparagraphs (a)1.,
1532 4., 5., and 6., and 8. for their respective licensing, access
1533 authorization, and employment purposes. It is unlawful for any
1534 employee of an entity set forth in subparagraph (a)1.,
1535 subparagraph (a)4., subparagraph (a)5., or subparagraph (a)6.,
1536 or subparagraph (a)8. to disclose information relating to the
1537 existence of a sealed criminal history record of a person
1538 seeking employment, access authorization, or licensure with such
1539 entity or contractor, except to the person to whom the criminal
1540 history record relates or to persons having direct
1541 responsibility for employment, access authorization, or
1542 licensure decisions. Any person who violates the provisions of
1543 this paragraph commits a misdemeanor of the first degree,
1544 punishable as provided in s. 775.082 or s. 775.083.
1545 Section 28. Section 943.125, Florida Statutes, is amended
1546 to read:
1547 943.125 Accreditation of state and local law enforcement
1548 agencies, correctional facilities, public agency offices of
1549 inspectors general, and operations offering pretrial diversion
1550 operations within offices of the state attorneys, the county
1551 governments, or the sheriffs agency accreditation; intent.—
1552 (1) It is the intent of the Legislature that law
1553 enforcement agencies, correctional facilities, public agency
1554 offices of inspectors general, and operations offering pretrial
1555 diversion within offices of the state attorneys, the county
1556 governments, or the sheriffs in the state be upgraded and
1557 strengthened through the adoption of meaningful standards of
1558 operation for those agencies, facilities, and offices and their
1559 functions.
1560 (2) It is the further intent of the Legislature that these
1561 law enforcement agencies voluntarily adopt standards designed to
1562 promote enhanced professionalism for:
1563 (a) Equal and fair law enforcement, to maximize the
1564 capability of law enforcement agencies to enforce the law and
1565 prevent and control criminal activities, and to increase
1566 interagency cooperation throughout the state.
1567 (b) Correctional facilities, to maintain best practices for
1568 the care, custody, and control of inmates.
1569 (c) Public agency offices of inspectors general, to promote
1570 more effective scrutiny of public agency operations and greater
1571 accountability of those serving in those agencies.
1572 (d) Operation and management of pretrial diversion programs
1573 offered by and through the offices of the state attorneys, the
1574 county governments, or the sheriffs.
1575 (3) It is further the intent of the Legislature to
1576 encourage the continuation of a voluntary state accreditation
1577 program to facilitate the enhanced professionalism of the
1578 agencies, facilities, and offices and their operations Florida
1579 Sheriffs Association and the Florida Police Chiefs Association
1580 to develop, either jointly or separately, a law enforcement
1581 agency accreditation program. Other than the staff support by
1582 the department as authorized in subsection (5), the
1583 accreditation program must be independent of any law enforcement
1584 agency, the Department of Corrections, the Florida Sheriffs
1585 Association, or the Florida Police Chiefs Association.
1586 (4) The law enforcement accreditation program must address,
1587 at a minimum, the following aspects of law enforcement:
1588 (a) Vehicle pursuits.
1589 (b) Seizure and forfeiture of contraband articles.
1590 (c) Recording and processing citizens’ complaints.
1591 (d) Use of force.
1592 (e) Traffic stops.
1593 (f) Handling natural and manmade disasters.
1594 (g) Special operations.
1595 (h) Prisoner transfer.
1596 (i) Collection and preservation of evidence.
1597 (j) Recruitment and selection.
1598 (k) Officer training.
1599 (l) Performance evaluations.
1600 (m) Law enforcement disciplinary procedures and rights.
1601 (n) Use of criminal investigative funds.
1602 (5) Subject to available funding, the department shall
1603 employ and assign adequate support staff to the Commission for
1604 Florida Law Enforcement Accreditation, Inc., and the Florida
1605 Corrections Accreditation Commission in support of the
1606 accreditation programs.
1607 (6) The Commission for Florida Law Enforcement
1608 Accreditation shall determine accreditation standards related to
1609 law enforcement and inspectors general which must be used by the
1610 accreditation programs established in this section. The Florida
1611 Corrections Accreditation Commission, Inc., shall determine
1612 accreditation standards related to corrections functions and
1613 pretrial diversion programs.
1614 Section 29. Subsection (5) of section 943.13, Florida
1615 Statutes, is amended to read:
1616 943.13 Officers’ minimum qualifications for employment or
1617 appointment.—On or after October 1, 1984, any person employed or
1618 appointed as a full-time, part-time, or auxiliary law
1619 enforcement officer or correctional officer; on or after October
1620 1, 1986, any person employed as a full-time, part-time, or
1621 auxiliary correctional probation officer; and on or after
1622 October 1, 1986, any person employed as a full-time, part-time,
1623 or auxiliary correctional officer by a private entity under
1624 contract to the Department of Corrections, to a county
1625 commission, or to the Department of Management Services shall:
1626 (5) Have documentation of his or her processed fingerprints
1627 on file with the employing agency or, if a private correctional
1628 officer, have documentation of his or her processed fingerprints
1629 on file with the Department of Corrections or the Criminal
1630 Justice Standards and Training Commission. If administrative
1631 delays are caused by the department or the Federal Bureau of
1632 Investigation and the person has complied with subsections (1)
1633 (4) and (6)-(9), he or she may be employed or appointed for a
1634 period not to exceed 1 calendar year from the date he or she was
1635 employed or appointed or until return of the processed
1636 fingerprints documenting noncompliance with subsections (1)-(4)
1637 or subsection (7), whichever occurs first. Beginning January 15,
1638 2007, the department shall retain and enter into the statewide
1639 automated biometric fingerprint identification system authorized
1640 by s. 943.05 all fingerprints submitted to the department as
1641 required by this section. Thereafter, the fingerprints must
1642 shall be available for all purposes and uses authorized for
1643 arrest fingerprints fingerprint cards entered in the statewide
1644 automated biometric fingerprint identification system pursuant
1645 to s. 943.051. The department shall search all arrest
1646 fingerprints fingerprint cards received pursuant to s. 943.051
1647 against the fingerprints retained in the statewide automated
1648 biometric fingerprint identification system pursuant to this
1649 section and report to the employing agency any arrest records
1650 that are identified with the retained employee’s fingerprints.
1651 By January 1, 2008, a person who must meet minimum
1652 qualifications as provided in this section and whose
1653 fingerprints are not retained by the department pursuant to this
1654 section must be refingerprinted. These fingerprints shall must
1655 be forwarded to the department for processing and retention.
1656 Section 30. Section 943.132, Florida Statutes, is amended
1657 to read:
1658 943.132 Implementation of federal law on qualified active
1659 or retired law enforcement officers carrying concealed firearms
1660 Law Enforcement Officers Safety Act of 2004.—
1661 (1) The commission shall by rule establish the manner in
1662 which Title 18, 44 U.S.C. ss. 926B and 926C, the federal Law
1663 Enforcement Officers Safety Act of 2004, relating to the
1664 carrying of concealed firearms by qualified law enforcement
1665 officers and qualified retired law enforcement officers, as
1666 defined in the act, shall be implemented in the state. In order
1667 to facilitate the implementation within the state of Title 18,
1668 44 U.S.C. ss. 926B and 926C, the commission shall develop and
1669 authorize a uniform firearms proficiency verification card to be
1670 issued to persons who achieve a passing score on the firing
1671 range testing component as utilized in the minimum firearms
1672 proficiency course applicable to active law enforcement
1673 officers, indicating the person’s name and the date upon which
1674 he or she achieved the passing score. Each such card shall be
1675 issued only by firearms instructors currently certified by the
1676 commission.
1677 (2) Facilities operating firing ranges on which firearms
1678 instructors certified by the commission administer the firing
1679 range testing component as utilized in the minimum firearms
1680 proficiency course applicable to active law enforcement officers
1681 may open the firing range under terms and conditions established
1682 by the operating entity to other persons for purposes of
1683 allowing such persons to demonstrate their ability to achieve a
1684 passing score on the firing range testing component as used
1685 utilized in the minimum firearms proficiency course. All costs
1686 associated with the demonstration by any such person that he or
1687 she meets the requirements of the firing range testing component
1688 as utilized in the minimum firearms proficiency course shall be
1689 at the expense of the person being tested.
1690 Section 31. Paragraph (a) of subsection (6) of section
1691 943.1395, Florida Statutes, is amended to read:
1692 943.1395 Certification for employment or appointment;
1693 concurrent certification; reemployment or reappointment;
1694 inactive status; revocation; suspension; investigation.—
1695 (6) The commission shall revoke the certification of any
1696 officer who is not in compliance with the provisions of s.
1697 943.13(4) or who intentionally executes a false affidavit
1698 established in s. 943.13(8), s. 943.133(2), or s. 943.139(2).
1699 (a) The commission shall cause to be investigated any
1700 ground for revocation from the employing agency pursuant to s.
1701 943.139 or from the Governor, and the commission may cause
1702 investigate verifiable complaints to be investigated. Any
1703 investigation initiated by the commission pursuant to this
1704 section must be completed within 6 months after receipt of the
1705 completed report of the disciplinary or internal affairs
1706 investigation from the employing agency or Governor’s office. A
1707 verifiable complaint shall be completed within 1 year after
1708 receipt of the complaint. An investigation shall be considered
1709 completed upon a finding by a probable cause panel of the
1710 commission. These time periods shall be tolled during the appeal
1711 of a termination or other disciplinary action through the
1712 administrative or judicial process or during the period of any
1713 criminal prosecution of the officer.
1714 Section 32. Subsection (2), paragraph (a) of subsection
1715 (3), and subsection (6) of section 943.1755, Florida Statutes,
1716 are amended to read:
1717 943.1755 Florida Criminal Justice Executive Institute.—
1718 (2) The institute is established within the Department of
1719 Law Enforcement and affiliated with the State University System.
1720 The Board of Governors of the State University System shall, in
1721 cooperation with the Department of Law Enforcement, determine
1722 the specific placement of the institute within the system. The
1723 Bureau of Professional Development of the department maintains
1724 responsibility for delivering and facilitating all Florida
1725 Criminal Justice Executive Institute training.
1726 (3) The institute shall cooperate with the Criminal Justice
1727 Standards and Training Commission, and shall be guided and
1728 directed by a policy board composed of the following members:
1729 (a) The following persons shall serve on the policy board:
1730 1. The executive director of the Department of Law
1731 Enforcement or his or her designee.
1732 2. The Secretary of Corrections or his or her designee.
1733 3. The Commissioner of Education or his or her designee an
1734 employee of the Department of Education designated by the
1735 Commissioner.
1736 4. The Secretary of Juvenile Justice or his or her
1737 designee.
1738 (6) Seven Six members constitute a quorum of the board.
1739 Section 33. Section 943.1757, Florida Statutes, is amended
1740 to read:
1741 943.1757 Criminal justice executives; training; policy
1742 report.—
1743 (1) The Legislature finds that there exists a need to
1744 provide training to criminal justice executives in the subject
1745 of interpersonal skills relating to diverse populations, with an
1746 emphasis on the awareness of cultural differences.
1747 (2) The policy board of the Criminal Justice Executive
1748 Institute shall identify the needs of criminal justice
1749 executives regarding issues related to diverse populations, and
1750 ensure that such needs are met through appropriate training.
1751 Beginning January 1, 1995, and every 5 years thereafter, the
1752 policy board shall provide to the appropriate substantive
1753 committees of each house a report describing executive training
1754 needs. In addition, The policy board shall prepare a biennial
1755 report to the appropriate substantive committees of each house
1756 describing how these needs are being met through training by the
1757 Criminal Justice Executive Institute.
1758 Section 34. Subsection (9) of section 943.25, Florida
1759 Statutes, is amended to read:
1760 943.25 Criminal justice trust funds; source of funds; use
1761 of funds.—
1762 (9) Up to $250,000 per annum from the Criminal Justice
1763 Standards and Training Trust Fund may be used to develop,
1764 validate, update, and maintain test or assessment instruments
1765 and to include computer-based testing relating to selection,
1766 employment, training, or evaluation of officers, instructors, or
1767 courses. Pursuant to s. 943.12(4), (5), and (8), the commission
1768 shall adopt those test or assessment instruments that which are
1769 appropriate and job-related as minimum requirements.
1770 Section 35. Subsection (14) of section 943.325, Florida
1771 Statutes, is amended to read:
1772 943.325 DNA database.—
1773 (14) RESULTS.—The results of a DNA analysis and the
1774 comparison of analytic results shall be released only to
1775 criminal justice agencies as defined in s. 943.045(11) s.
1776 943.045(10), at the request of the agency. Otherwise, such
1777 information is confidential and exempt from the provisions of s.
1778 119.07(1) and s. 24(a), Art. I of the State Constitution.
1779 Section 36. Section 943.33, Florida Statutes, is amended to
1780 read:
1781 943.33 State-operated criminal analysis laboratories.—The
1782 state-operated laboratories shall furnish laboratory service
1783 upon request to law enforcement officials in the state. The
1784 testing services of such laboratories by persons employed by or
1785 acting on behalf of the department are shall also be available
1786 to any defendant in a criminal case upon showing of good cause
1787 and upon order of the court with jurisdiction in the case. When
1788 such service is to be made available to the defendant, the order
1789 shall be issued only after motion by the defendant and hearing
1790 held after notice with a copy of the motion being served upon
1791 the prosecutor and the state-operated laboratory from which the
1792 service is being sought. As used in For purposes of this
1793 section, the term “good cause” means a finding by the court that
1794 the laboratory service being sought by the defendant is
1795 anticipated to produce evidence that is relevant and material to
1796 the defense;, that the service sought is one that which is
1797 reasonably within the capacity of the state-operated laboratory
1798 and will not be unduly burdensome upon the laboratory, impede
1799 normal daily laboratory operations, negatively impact the
1800 laboratory’s certifications or equipment calibration, and
1801 violate the laboratory’s national certification or accreditation
1802 standards; and that the service cannot be obtained from any
1803 qualified private or nonstate operated laboratory within the
1804 state or otherwise reasonably available to the defense. This
1805 section does not authorize the presence of defense experts or
1806 others representing the defense inside a state-operated
1807 laboratory facility where actual testing or analysis is
1808 occurring, and does not authorize the use of state-operated
1809 laboratory equipment or facilities by defense experts or other
1810 persons not employed by or acting on the behalf of the
1811 department. The court shall assess the costs of all testing,
1812 equipment operation, personnel costs, and any other costs
1813 directly attributable to the court-ordered testing such service
1814 ordered by the court to the defendant or the defendant’s
1815 counsel, whether public, private, or pro bono, who obtained the
1816 testing order local public defender’s office. The laboratory
1817 providing the service ordered shall include with the report of
1818 the analysis, comparison, or identification a statement of the
1819 costs of the service provided and shall provide a copy of all
1820 reports and analysis performed and cost statement being provided
1821 to the prosecutor in the case and the court.
1822 Section 37. Subsection (9) of section 943.68, Florida
1823 Statutes, is amended to read:
1824 943.68 Transportation and protective services.—
1825 (9) The department shall submit a report each August July
1826 15 to the Governor, the Legislature, and the Cabinet, detailing
1827 all transportation and protective services provided under
1828 subsections (1), (5), and (6) within the preceding fiscal year.
1829 Each report shall include a detailed accounting of the cost of
1830 such transportation and protective services, including the names
1831 of persons provided such services and the nature of state
1832 business performed.
1833 Section 38. This act shall take effect July 1, 2013.
