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 custodyif the child has been taken into68custodyby 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 felonyFound by a court to have committed72three or more violations of law which, if committed by an adult,73would be misdemeanors; 74 (c) Found to have committed an offense which, if committed 75 by an adult, would be a felony; orTransferred to the adult76system under s. 985.557, indicted under s. 985.56, or waived77under 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 a80violation of law subject to s. 985.557(2)(b) or (d); or81(e) Transferred to the adult system but sentenced to the82juvenile system under s. 985.56583 84 areshallnotbeconsidered 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 information95 relating to an adultminors,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 history104information by the private sector or noncriminal justice105agencies as provided in this subsection shall be assessed106without regard to the quantity or category of criminal history107record 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) Notwithstandingthe provisions ofs. 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 tothe provisions ofs. 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 tothe193provisions ofchapter 119. Sealed records and confidential 194 juvenile records received by the private entity under this 195 section remain confidential and exempt fromthe provisions ofs. 196 119.07(1). 197 (9) Notwithstandingthe provisions ofs. 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 tothe provisions ofs. 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 fromthe provisions ofs. 210 119.07(1). 211 (10) Notwithstandingthe provisions ofs. 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 tothe provisions224ofs. 985.688. The criminal justice agency providing such data 225 may assess a charge for the Florida criminal history records 226 pursuant tothe provisions ofchapter 119. Sealed records and 227 confidential juvenile records received by the private entity 228 under this section remain confidential and exempt fromthe229provisions ofs. 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.