Bill Text: FL S1316 | 2015 | Regular Session | Comm Sub
Bill Title: Public Records/Criminal History Information of Juveniles
Spectrum: Bipartisan Bill
Status: (Failed) 2015-05-01 - Died in Appropriations Subcommittee on Criminal and Civil Justice [S1316 Detail]
Download: Florida-2015-S1316-Comm_Sub.html
Florida Senate - 2015 CS for SB 1316
By the Committee on Criminal Justice; and Senator Soto
591-03141-15 20151316c1
1 A bill to be entitled
2 An act relating to public records; amending s. 985.04,
3 F.S.; specifying that certain confidential information
4 obtained under ch. 985, F.S., relating to juvenile
5 justice, is exempt from public records requirements;
6 providing applicability; revising applicability of
7 public records requirements with respect to the arrest
8 records of certain juvenile offenders; providing for
9 future review and repeal of such applicability
10 provisions; amending s. 943.053, F.S.; providing an
11 exemption from public records requirements for
12 juvenile information compiled by the Criminal Justice
13 Information Program from intrastate sources; providing
14 exceptions; providing for future review and repeal of
15 the exemption; providing for release by the Department
16 of Law Enforcement of the criminal history information
17 of a juvenile which has been deemed confidential and
18 exempt under certain circumstances; amending ss.
19 496.4101 and 943.056, F.S.; conforming provisions to
20 changes made by the act; providing a statement of
21 public necessity; providing an effective date.
22
23 Be It Enacted by the Legislature of the State of Florida:
24
25 Section 1. Subsections (1) and (2) of section 985.04,
26 Florida Statutes, are amended to read:
27 985.04 Oaths; records; confidential information.—
28 (1)(a) Except as provided in subsections (2), (3), (6), and
29 (7) and s. 943.053, all information obtained under this chapter
30 in the discharge of official duty by any judge, any employee of
31 the court, any authorized agent of the department, the Florida
32 Commission on Offender Review, the Department of Corrections,
33 the juvenile justice circuit boards, any law enforcement agent,
34 or any licensed professional or licensed community agency
35 representative participating in the assessment or treatment of a
36 juvenile is confidential and exempt from s. 119.07(1) and s.
37 24(a), Art. I of the State Constitution. This exemption applies
38 to information obtained before, on, or after the effective date
39 of this exemption.
40 (b) Such confidential and exempt information may be
41 disclosed only to the authorized personnel of the court, the
42 department and its designees, the Department of Corrections, the
43 Florida Commission on Offender Review, law enforcement agents,
44 school superintendents and their designees, any licensed
45 professional or licensed community agency representative
46 participating in the assessment or treatment of a juvenile, and
47 others entitled under this chapter to receive that information,
48 or upon order of the court.
49 (c) Within each county, the sheriff, the chiefs of police,
50 the district school superintendent, and the department shall
51 enter into an interagency agreement for the purpose of sharing
52 information about juvenile offenders among all parties. The
53 agreement must specify the conditions under which summary
54 criminal history information is to be made available to
55 appropriate school personnel, and the conditions under which
56 school records are to be made available to appropriate
57 department personnel. Such agreement shall require notification
58 to any classroom teacher of assignment to the teacher’s
59 classroom of a juvenile who has been placed in a probation or
60 commitment program for a felony offense. The agencies entering
61 into such agreement must comply with s. 943.0525, and must
62 maintain the confidentiality of information that is otherwise
63 exempt from s. 119.07(1), as provided by law.
64 (2) Notwithstanding any other provisions of this chapter,
65 the name, photograph, address, and crime or arrest report of a
66 child:
67 (a) Taken into custody if the child has been taken into
68 custody by a law enforcement officer for a violation of law
69 which, if committed by an adult, would be a felony;
70 (b) Charged with a violation of law which, if committed by
71 an adult, would be a felony Found by a court to have committed
72 three or more violations of law which, if committed by an adult,
73 would be misdemeanors;
74 (c) Found to have committed an offense which, if committed
75 by an adult, would be a felony; or Transferred to the adult
76 system under s. 985.557, indicted under s. 985.56, or waived
77 under s. 985.556;
78 (d) Transferred to adult court, pursuant to part X of this
79 chapter, Taken into custody by a law enforcement officer for a
80 violation of law subject to s. 985.557(2)(b) or (d); or
81 (e) Transferred to the adult system but sentenced to the
82 juvenile system under s. 985.565
83
84 are shall not be considered confidential and exempt from s.
85 119.07(1) solely because of the child’s age.
86 (e) This subsection is subject to the Open Government
87 Sunset Review Act in accordance with s. 119.15 and shall stand
88 repealed on October 2, 2020, unless reviewed and saved from
89 repeal through reenactment by the Legislature.
90 Section 2. Subsections (3), (8), (9), and (10) of section
91 943.053, Florida Statutes, are amended to read:
92 943.053 Dissemination of criminal justice information;
93 fees.—
94 (3)(a) Criminal history information, including information
95 relating to an adult minors, compiled by the Criminal Justice
96 Information Program from intrastate sources shall be available
97 on a priority basis to criminal justice agencies for criminal
98 justice purposes free of charge. After providing the program
99 with all known personal identifying information, persons in the
100 private sector and noncriminal justice agencies may be provided
101 criminal history information upon tender of fees as established
102 in this subsection and in the manner prescribed by rule of the
103 Department of Law Enforcement. Any access to criminal history
104 information by the private sector or noncriminal justice
105 agencies as provided in this subsection shall be assessed
106 without regard to the quantity or category of criminal history
107 record information requested.
108 (b)1. Criminal history information relating to a juvenile
109 compiled by the Criminal Justice Information Program from
110 intrastate sources shall be released as provided in this
111 section. Such information is confidential and exempt from s.
112 119.07(1) and s. 24(a), Art. I of the State Constitution, unless
113 such juvenile has been:
114 a. Taken into custody by a law enforcement officer for a
115 violation of law which, if committed by an adult, would be a
116 felony;
117 b. Charged with a violation of law which, if committed by
118 an adult, would be a felony;
119 c. Found to have committed an offense which, if committed
120 by an adult, would be a felony; or
121 d. Transferred to adult court pursuant to part X of chapter
122 985,
123
124 and provided the criminal history record has not been expunged
125 or sealed under any law applicable to such record.
126 2. This paragraph is subject to the Open Government Sunset
127 Review Act in accordance with s. 119.15 and shall stand repealed
128 on October 2, 2020, unless reviewed and saved from repeal
129 through reenactment by the Legislature.
130 (c)1. Criminal history information relating to juveniles,
131 including criminal history information consisting in whole or in
132 part of information that is confidential and exempt under
133 paragraph (b), shall be available to:
134 a. A criminal justice agency for criminal justice purposes
135 on a priority basis and free of charge;
136 b. The person to whom the record relates, or his or her
137 attorney;
138 c. The parent, guardian, or legal custodian of the person
139 to whom the record relates, provided such person has not reached
140 the age of majority, been emancipated by a court, or been
141 legally married; or
142 d. An agency or entity specified in s. 943.0585(4) or s.
143 943.059(4), for the purposes specified therein, and to any
144 person within such agency or entity who has direct
145 responsibility for employment, access authorization, or
146 licensure decisions.
147 2. After providing the program with all known personal
148 identifying information, the criminal history information
149 relating to a juvenile which is not confidential and exempt
150 under this subsection may be released to the private sector and
151 noncriminal justice agencies not specified in s. 943.0585(4) or
152 s. 943.059(4) in the same manner as provided in paragraph (a).
153 Criminal history information relating to a juvenile which is not
154 confidential and exempt under this subsection is the entire
155 criminal history information relating to a juvenile who
156 satisfies any of the criteria listed in subparagraph (b)1.,
157 except for any portion of such juvenile’s criminal history
158 record which has been expunged or sealed under any law
159 applicable to such record.
160 3. All criminal history information relating to juveniles,
161 other than that provided to criminal justice agencies for
162 criminal justice purposes, shall be provided upon tender of fees
163 as established in this subsection and in the manner prescribed
164 by rule of the Department of Law Enforcement.
165 (d) The fee for access to criminal history information by
166 the private sector or a noncriminal justice agency shall be
167 assessed without regard to the size or category of criminal
168 history record information requested.
169 (e)(b) The fee per record for criminal history information
170 provided pursuant to this subsection and s. 943.0542 is $24 per
171 name submitted, except that the fee for the guardian ad litem
172 program and vendors of the Department of Children and Families,
173 the Department of Juvenile Justice, and the Department of
174 Elderly Affairs shall be $8 for each name submitted; the fee for
175 a state criminal history provided for application processing as
176 required by law to be performed by the Department of Agriculture
177 and Consumer Services shall be $15 for each name submitted; and
178 the fee for requests under s. 943.0542, which implements the
179 National Child Protection Act, shall be $18 for each volunteer
180 name submitted. The state offices of the Public Defender shall
181 not be assessed a fee for Florida criminal history information
182 or wanted person information.
183 (8) Notwithstanding the provisions of s. 943.0525, and any
184 user agreements adopted pursuant thereto, and notwithstanding
185 the confidentiality of sealed records as provided for in s.
186 943.059 and juvenile records as provided for in paragraph
187 (3)(b), the sheriff of any county that has contracted with a
188 private entity to operate a county detention facility pursuant
189 to the provisions of s. 951.062 shall provide that private
190 entity, in a timely manner, copies of the Florida criminal
191 history records for its inmates. The sheriff may assess a charge
192 for the Florida criminal history records pursuant to the
193 provisions of chapter 119. Sealed records and confidential
194 juvenile records received by the private entity under this
195 section remain confidential and exempt from the provisions of s.
196 119.07(1).
197 (9) Notwithstanding the provisions of s. 943.0525, and any
198 user agreements adopted pursuant thereto, and notwithstanding
199 the confidentiality of sealed records as provided for in s.
200 943.059 and juvenile records as provided for in paragraph
201 (3)(b), the Department of Corrections shall provide, in a timely
202 manner, copies of the Florida criminal history records for
203 inmates housed in a private state correctional facility to the
204 private entity under contract to operate the facility pursuant
205 to the provisions of s. 944.105. The department may assess a
206 charge for the Florida criminal history records pursuant to the
207 provisions of chapter 119. Sealed records and confidential
208 juvenile records received by the private entity under this
209 section remain confidential and exempt from the provisions of s.
210 119.07(1).
211 (10) Notwithstanding the provisions of s. 943.0525 and any
212 user agreements adopted pursuant thereto, and notwithstanding
213 the confidentiality of sealed records as provided for in s.
214 943.059 or of juvenile records as provided for in paragraph
215 (3)(b), the Department of Juvenile Justice or any other state or
216 local criminal justice agency may provide copies of the Florida
217 criminal history records for juvenile offenders currently or
218 formerly detained or housed in a contracted juvenile assessment
219 center or detention facility or serviced in a contracted
220 treatment program and for employees or other individuals who
221 will have access to these facilities, only to the entity under
222 direct contract with the Department of Juvenile Justice to
223 operate these facilities or programs pursuant to the provisions
224 of s. 985.688. The criminal justice agency providing such data
225 may assess a charge for the Florida criminal history records
226 pursuant to the provisions of chapter 119. Sealed records and
227 confidential juvenile records received by the private entity
228 under this section remain confidential and exempt from the
229 provisions of s. 119.07(1). Information provided under this
230 section shall be used only for the criminal justice purpose for
231 which it was requested and may not be further disseminated.
232 Section 3. Paragraph (b) of subsection (3) of section
233 496.4101, Florida Statutes, is amended to read:
234 496.4101 Licensure of professional solicitors and certain
235 employees thereof.—
236 (3)
237 (b) Fees for state and federal fingerprint processing and
238 fingerprint retention fees shall be borne by the applicant. The
239 state cost for fingerprint processing is that authorized in s.
240 943.053(3)(e) s. 943.053(3)(b) for records provided to persons
241 or entities other than those specified as exceptions therein.
242 Section 4. Subsection (1) of section 943.056, Florida
243 Statutes, is amended to read:
244 943.056 Criminal history records; access, review, and
245 challenge.—
246 (1) For purposes of verification of the accuracy and
247 completeness of a criminal history record, the Department of Law
248 Enforcement shall provide, in the manner prescribed by rule,
249 such record for review upon verification, by fingerprints, of
250 the identity of the requesting person. If a minor, or the parent
251 or legal guardian of a minor, requests a copy of the minor’s
252 criminal history record, the Department of Law Enforcement shall
253 provide such copy, including any portions of the record which
254 may be confidential under s. 943.053(3)(b), for review upon
255 verification, by fingerprints, of the identity of the minor. The
256 providing of such record shall not require the payment of any
257 fees, except those provided for by federal regulations.
258 Section 5. The Legislature finds that it is a public
259 necessity that the criminal history information of juveniles who
260 have not been adjudicated delinquent of a felony or who have
261 been found only to have committed misdemeanor offenses and
262 certain criminal history information relating to a juvenile
263 compiled by the Criminal Justice Information Program be made
264 confidential and exempt from s. 119.07(1), Florida Statutes, and
265 s. 24(a), Article I of the State Constitution under ss. 985.04
266 and 943.053, Florida Statutes. Many individuals who have either
267 completed their sanctions and received treatment or who were
268 never charged in the juvenile justice system have found it
269 difficult to obtain employment. The presence of an arrest or a
270 misdemeanor record in these individuals’ juvenile past and
271 certain criminal history information relating to a juvenile
272 compiled by the Criminal Justice Information Program creates an
273 unnecessary barrier to becoming productive members of society,
274 thus frustrating the rehabilitative purpose of the juvenile
275 system. The Legislature therefore finds that it is in the best
276 interest of the public that individuals with juvenile
277 misdemeanor records are given the opportunity to become
278 contributing members of society. Therefore, prohibiting the
279 unfettered release of juvenile misdemeanor records and certain
280 criminal history information relating to a juvenile compiled by
281 the Criminal Justice Information Program is of greater
282 importance than any public benefit that may be derived from the
283 full disclosure and release of such arrest records and
284 information.
285 Section 6. This act shall take effect upon becoming a law.
