Bill Text: FL S1434 | 2013 | Regular Session | Comm Sub
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-Comm_Sub.html
Florida Senate - 2013 CS for SB 1434
By the Committee on Criminal Justice; and Senator Evers
591-02623-13 20131434c1
1 A bill to be entitled
2 An act relating to law enforcement; amending ss.
3 125.5801 and 166.0442, F.S.; revising provisions for
4 criminal history record checks for certain county and
5 municipal employees and appointees; amending s.
6 406.145, F.S.; deleting duties of law enforcement
7 agencies and the department relating to unidentified
8 person reporting forms; amending s. 538.26, F.S.;
9 limiting the number of lead-acid batteries or parts
10 thereof that a secondary metals recycler may purchase
11 in certain transactions in a single day; amending s.
12 937.021, F.S.; revising provisions relating to missing
13 child and adult reports; amending s. 937.024, F.S.;
14 revising provisions relating to the birth records of
15 missing children; amending s. 937.025, F.S.; revising
16 provisions providing criminal penalties for persons
17 who knowingly provide false information concerning a
18 missing child; amending s. 937.028, F.S.; revising
19 provisions relating to fingerprints of missing
20 persons; authorizing retention of such fingerprints
21 entered into the statewide biometric identification
22 system; amending s. 943.03, F.S.; revising terminology
23 relating to documents and information systems;
24 deleting an obsolete provision; amending s. 943.031,
25 F.S.; correcting a reference; revising provisions
26 relating to meetings of the Florida Violent Crime and
27 Drug Control Council, the Drug Control Strategy and
28 Criminal Gang Committee, and the Victim and Witness
29 Protection Review Committee; making specified
30 provisions subject to legislative funding; providing
31 for return of unexpended funds by specified
32 recipients; amending s. 943.0435, F.S.; specifying
33 additional items to be reported by persons required to
34 register as sexual offenders; amending s. 943.04351,
35 F.S.; revising requirements for searches of
36 registration information regarding sexual predators
37 and sexual offenders; amending s. 943.0438, F.S.;
38 deleting an obsolete provision; amending s. 943.045,
39 F.S.; defining the term “biometric”; revising the
40 definition of the term “criminal justice information”;
41 amending s. 943.05, F.S.; revising duties of the
42 Criminal Justice Information Program; redesignating
43 the statewide automated fingerprint identification
44 system as the statewide automated biometric
45 identification system; amending s. 943.051, F.S.;
46 requiring additional information to be collected from
47 persons charged with or convicted of specified
48 offenses and submitted electronically to the
49 department; providing an exception to the
50 fingerprinting of certain juveniles; amending s.
51 943.052, F.S.; revising terminology relating to
52 disposition reporting; revising information to be
53 submitted concerning persons received by or discharged
54 from the state correctional system or certain
55 juveniles committed to the Department of Juvenile
56 Justice; amending s. 943.053, F.S.; revising a
57 reference to rules governing criminal justice
58 information received from the Federal Government or
59 other states; conforming terminology; amending s.
60 943.054, F.S.; revising provisions relating to the
61 availability of criminal history information derived
62 from any United States Department of Justice criminal
63 justice information system; amending s. 943.0542,
64 F.S.; revising terminology relating to requests for
65 screening; authorizing rulemaking relating to payments
66 for screening; amending s. 943.0544, F.S.; revising
67 terminology relating to the Criminal Justice Network;
68 amending s. 943.055, F.S.; revising provisions
69 relating to dissemination of criminal justice
70 information derived from department information
71 systems; providing for audits of noncriminal justice
72 agencies when necessary to ensure compliance with
73 requirements; amending s. 943.056, F.S.; providing for
74 requests for corrections of federal criminal history
75 record information in certain circumstances; amending
76 s. 943.0582, F.S.; increasing the period in which a
77 minor may seek expunction of a nonjudicial arrest
78 record following completion of a diversion program;
79 revising language relating to a statement to the
80 department by a state attorney concerning such an
81 expunction request; deleting an obsolete provision;
82 amending ss. 943.0585 and 943.059, F.S.; revising
83 language relating to expunctions and sealing precluded
84 by prior criminal history sealings or expunctions;
85 authorizing persons seeking authorization for
86 employment with or access to certain seaports to deny
87 or fail to acknowledge certain expunged or sealed
88 records; amending s. 943.125, F.S.; providing for
89 accreditation of correctional facilities, public
90 agency offices of inspectors general, and certain
91 pretrial diversion programs; authorizing funding and
92 support of additional accreditation programs; amending
93 s. 943.13, F.S.; deleting a provision authorizing
94 temporary employment of a person seeking employment as
95 a law enforcement or correctional officer if there is
96 an administrative delay in fingerprint processing;
97 deleting obsolete language; amending s. 943.132, F.S.;
98 revising references to federal qualified active or
99 qualified retired law enforcement concealed firearms
100 provisions; deleting a requirement that the Criminal
101 Justice Standards and Training Commission develop a
102 uniform firearms proficiency verification card;
103 amending s. 943.1395, F.S.; revising language relating
104 to investigations on behalf of the Criminal Justice
105 Standards and Training Commission; amending s.
106 943.1755, F.S.; providing that the department
107 maintains responsibility for delivering and
108 facilitating all Florida Criminal Justice Executive
109 Institute training; revising membership of the
110 institute’s policy board; amending s. 943.1757, F.S.;
111 deleting a requirement for a periodic report by the
112 Criminal Justice Executive Institute concerning
113 executive training needs; amending s. 943.25, F.S.;
114 authorizing, rather than requiring, the Criminal
115 Justice Standards and Training Commission to forward
116 to each regional training council a list of its
117 specific recommended priority issues or items to be
118 funded; authorizing the commission to use computer
119 based testing as an assessment instrument; amending s.
120 943.325, F.S.; conforming a cross-reference; amending
121 s. 943.33, F.S.; revising provisions relating to the
122 availability to defendants of state-operated criminal
123 analysis laboratories; specifying that defense experts
124 and others are not authorized to be present in such
125 laboratories or use laboratory equipment; revising
126 provisions relating to costs of laboratory testing
127 performed for defendants; amending s. 943.68, F.S.;
128 revising the due date of a report detailing
129 transportation and protective services provided by the
130 department; amending ss. 285.18, 414.40, 447.045,
131 455.213, 468.453, 475.615, 493.6105, 493.6108,
132 494.00312, 494.00321, 494.00611, 517.12, 538.09,
133 538.25, 548.024, 550.105, 550.908, 551.107, 560.141,
134 628.906, 633.34, 744.3135, 775.21, 775.261, 790.06,
135 944.607, 944.608, 985.11, 985.644, 985.4815, 1002.395,
136 1002.421, 1012.32, and 1012.467, F.S.; conforming
137 provisions to changes made by the act; providing an
138 effective date.
139
140 Be It Enacted by the Legislature of the State of Florida:
141
142 Section 1. Section 125.5801, Florida Statutes, is amended
143 to read:
144 125.5801 Criminal history record checks for certain county
145 employees and appointees.—
146 (1) Notwithstanding chapter 435, a county may require, by
147 ordinance, state and national criminal history employment
148 screening for:
149 (a) Any position of county employment or appointment,
150 whether paid, unpaid, or contractual, which the governing body
151 of the county finds is critical to security or public safety;,
152 or for
153 (b) Any private contractor, employee of a private
154 contractor, vendor, repair person, or delivery person who is
155 subject to licensing or regulation by the county; or
156 (c) Any private contractor, employee of a private
157 contractor, vendor, repair person, or delivery person who has
158 direct contact with individual members of the public or access
159 to any public facility or publicly operated facility in such a
160 manner or to such an extent that the governing body of the
161 county finds that preventing unsuitable persons from having such
162 contact or access is critical to security or public safety.
163 (2) The ordinance must require each person applying for, or
164 continuing employment or appointment in, any such position,
165 applying for initial or continuing licensing or regulation, or
166 having such contact or access to any such facility to be
167 fingerprinted. The fingerprints shall be submitted to the
168 Department of Law Enforcement for a state criminal history
169 record check and to the Federal Bureau of Investigation for a
170 national criminal history record check. The information obtained
171 from the criminal history record checks conducted pursuant to
172 the ordinance may be used by the county to determine a person’s
173 an applicant’s eligibility for such employment or appointment
174 and to determine a person’s an employee’s eligibility for
175 continued employment or appointment. This section is not
176 intended to preempt or prevent any other background screening,
177 including, but not limited to, criminal history record checks,
178 which a county may lawfully undertake.
179 Section 2. Section 166.0442, Florida Statutes, is amended
180 to read:
181 166.0442 Criminal history record checks for certain
182 municipal employees and appointees.—
183 (1) Notwithstanding chapter 435, a municipality may
184 require, by ordinance, state and national criminal history
185 employment screening for:
186 (a) Any position of municipal employment or appointment,
187 whether paid, unpaid, or contractual, which the governing body
188 of the municipality finds is critical to security or public
189 safety;, or for
190 (b) Any private contractor, employee of a private
191 contractor, vendor, repair person, or delivery person who is
192 subject to licensing or regulation by the municipality; or
193 (c) Any private contractor, employee of a private
194 contractor, vendor, repair person, or delivery person who has
195 direct contact with individual members of the public or access
196 to any public facility or publicly operated facility in such a
197 manner or to such an extent that the governing body of the
198 municipality finds that preventing unsuitable persons from
199 having such contact or access is critical to security or public
200 safety.
201 (2) The ordinance must require each person applying for, or
202 continuing employment or appointment in, any such position,
203 applying for initial or continuing licensing or regulation, or
204 having such contact or access to any such facility to be
205 fingerprinted. The fingerprints shall be submitted to the
206 Department of Law Enforcement for a state criminal history
207 record check and to the Federal Bureau of Investigation for a
208 national criminal history record check. The information obtained
209 from the criminal history record checks conducted pursuant to
210 the ordinance may be used by the municipality to determine a
211 person’s an applicant’s eligibility for such employment or
212 appointment and to determine a person’s an employee’s
213 eligibility for continued employment or appointment. This
214 section is not intended to preempt or prevent any other
215 background screening, including, but not limited to, criminal
216 history background checks, that a municipality may lawfully
217 undertake.
218 Section 3. Section 406.145, Florida Statutes, is amended to
219 read:
220 406.145 Unidentified persons; reporting requirements.—When
221 an unidentified body is transported to a district medical
222 examiner pursuant to this chapter, the medical examiner shall
223 immediately report receipt of such body to the appropriate law
224 enforcement agency, provided such law enforcement agency was not
225 responsible for transportation of the body to the medical
226 examiner. If the medical examiner cannot determine the law
227 enforcement agency having jurisdiction, he or she shall notify
228 the sheriff of the county in which the medical examiner is
229 located, who shall determine the law enforcement agency
230 responsible for the identification. It is the duty of the law
231 enforcement officer assigned to and investigating the death to
232 immediately establish the identity of the body. If the body is
233 not immediately identified, the law enforcement agency
234 responsible for investigating the death shall complete an
235 Unidentified Person Report and enter the data concerning the
236 body, through the Florida Crime Information Center, into the
237 Unidentified Person File of the National Crime Information
238 Center. An Unidentified Person Report is that form identified by
239 the Florida Department of Law Enforcement for use by law
240 enforcement agencies in compiling information for entrance into
241 the Unidentified Person File.
242 Section 4. Paragraph (b) of subsection (5) of section
243 538.26, Florida Statutes, is amended to read:
244 538.26 Certain acts and practices prohibited.—It is
245 unlawful for a secondary metals recycler to do or allow any of
246 the following acts:
247 (5)
248 (b) The purchase of any of the following regulated metals
249 property is subject to the restrictions provided in paragraph
250 (a):
251 1. A manhole cover.
252 2. An electric light pole or other utility structure and
253 its fixtures, wires, and hardware that are readily identifiable
254 as connected to the utility structure.
255 3. A guard rail.
256 4. A street sign, traffic sign, or traffic signal and its
257 fixtures and hardware.
258 5. Communication, transmission, distribution, and service
259 wire from a utility, including copper or aluminum bus bars,
260 connectors, grounding plates, or grounding wire.
261 6. A funeral marker or funeral vase.
262 7. A historical marker.
263 8. Railroad equipment, including, but not limited to, a tie
264 plate, signal house, control box, switch plate, E clip, or rail
265 tie junction.
266 9. Any metal item that is observably marked upon reasonable
267 inspection with any form of the name, initials, or logo of a
268 governmental entity, utility company, cemetery, or railroad.
269 10. A copper, aluminum, or aluminum-copper condensing or
270 evaporator coil, including its tubing or rods, from an air
271 conditioning or heating unit, excluding coils from window air
272 conditioning or heating units and motor vehicle air-conditioning
273 or heating units.
274 11. An aluminum or stainless steel container or bottle
275 designed to hold propane for fueling forklifts.
276 12. A stainless steel beer keg.
277 13. A catalytic converter or any nonferrous part of a
278 catalytic converter unless purchased as part of a motor vehicle.
279 14. Metallic wire that has been burned in whole or in part
280 to remove insulation.
281 15. A brass or bronze commercial valve or fitting, referred
282 to as a “fire department connection and control valve” or an
283 “FDC valve,” that is commonly used on structures for access to
284 water for the purpose of extinguishing fires.
285 16. A brass or bronze commercial potable water backflow
286 preventer valve that is commonly used to prevent backflow of
287 potable water from commercial structures into municipal domestic
288 water service systems.
289 17. A shopping cart.
290 18. A brass water meter.
291 19. A storm grate.
292 20. A brass sprinkler head used in commercial agriculture.
293 21. More than two lead-acid batteries, or any part or
294 component thereof, in a single purchase or from the same
295 individual in a single day.
296 Section 5. Paragraphs (b), (d), and (e) of subsection (5)
297 of section 937.021, Florida Statutes, are amended to read:
298 937.021 Missing child and missing adult reports.—
299 (5)
300 (b) Upon receiving a request to record, report, transmit,
301 display, or release information and photographs pertaining to a
302 missing adult or missing child from the law enforcement agency
303 having jurisdiction over the missing adult or missing child, the
304 department, a state or local law enforcement agency, and the
305 personnel of these agencies; any radio or television network,
306 broadcaster, or other media representative; any dealer of
307 communications services as defined in s. 202.11; or any agency,
308 employee, individual, or person is immune from civil liability
309 for damages for complying in good faith with the request to
310 provide information and is presumed to have acted in good faith
311 in recording, reporting, transmitting, displaying, or releasing
312 information or photographs pertaining to the missing adult or
313 missing child.
314 (d) The presumption of good faith is not overcome if a
315 technical or clerical error is made by any agency, employee,
316 individual, or entity acting at the request of the local law
317 enforcement agency having jurisdiction, or if the Amber Alert,
318 Missing Child Alert, missing child information, missing adult
319 information, or Silver Alert information is incomplete or
320 incorrect because the information received from the local law
321 enforcement agency was incomplete or incorrect.
322 (e) Neither this subsection nor any other provision of law
323 creates a duty of the agency, employee, individual, or entity to
324 record, report, transmit, display, or release the Amber Alert,
325 Missing Child Alert, missing child information, missing adult
326 information, or Silver Alert information received from the local
327 law enforcement agency having jurisdiction. The decision to
328 record, report, transmit, display, or release information is
329 discretionary with the agency, employee, individual, or entity
330 receiving the information.
331 Section 6. Paragraphs (d) and (e) of subsection (1) and
332 paragraph (a) of subsection (2) of section 937.024, Florida
333 Statutes, are amended to read:
334 937.024 Birth records of missing children; registrars’
335 duties.—
336 (1) The Office of Vital Statistics shall:
337 (d) Recall each missing child’s birth certificate or birth
338 record from the local registrar of vital statistics in the
339 county of the missing child’s birth.
340 (d)(e) Collect each month a list of missing children who
341 have been located, as provided by the Department of Law
342 Enforcement’s Florida Crime Information Center; identify which,
343 if any, of the located children were born in this state; and
344 remove its flags from the birth certificates or birth records of
345 such children accordingly.
346 (2)(a) A copy of the birth certificate or information
347 concerning the birth record of any child whose record has been
348 flagged or recalled pursuant to paragraph (1)(c) or paragraph
349 (1)(d) may not be provided by the State Registrar or any local
350 registrar in response to any inquiry, unless the flag has been
351 removed pursuant to paragraph (1)(d) or upon the official
352 request of the Department of Law Enforcement’s Missing
353 Endangered Persons Information Clearinghouse (1)(e).
354 Section 7. Subsection (7) of section 937.025, Florida
355 Statutes, is amended to read:
356 937.025 Missing children; student records; reporting
357 requirements; penalties.—
358 (7) A person who knowingly provides false information
359 concerning a missing child or the efforts to locate and return a
360 missing child whose to a parent, family member, or guardian of a
361 child who has been reported the child missing commits a
362 misdemeanor of the first degree, punishable as provided in s.
363 775.082 or s. 775.083.
364 Section 8. Section 937.028, Florida Statutes, is amended to
365 read:
366 937.028 Fingerprints; missing persons children.—
367 (1) If fingerprints have been taken for the purpose of
368 identifying a child, in the event that child becomes missing,
369 the state agency, public or private organization, or other
370 person who took such fingerprints shall not release the
371 fingerprints to any law enforcement agency or other person for
372 any purpose other than the identification of a missing child.
373 Such records and data are exempt from the provisions of s.
374 119.07(1).
375 (2) Fingerprints of children taken and retained by any
376 state agency other than the Department of Law Enforcement, any
377 public or private organization, or other person, excluding the
378 parent or legal custodian of the child, shall be destroyed when
379 the child attains becomes 18 years of age. Fingerprints of
380 persons, including children, who are reported missing that have
381 been entered into the automated biometric identification system
382 maintained by the Department of Law Enforcement may be retained
383 until the department is notified that the missing person has
384 been recovered.
385 Section 9. Paragraph (a) of subsection (6) and subsections
386 (12), (13), and (15) of section 943.03, Florida Statutes, are
387 amended to read:
388 943.03 Department of Law Enforcement.—
389 (6)(a) The department shall be governed by all laws
390 regulating the purchase of supplies and equipment as other state
391 agencies and may enter into contracts with other state agencies
392 to make photographs and photocopies photostats, to transmit
393 information electronically by teletype, and to perform all those
394 services consonant with the purpose of this chapter.
395 (12) The department may establish, implement, and maintain
396 a statewide, integrated violent crime information system capable
397 of transmitting criminal justice information relating to violent
398 criminal offenses to and between criminal justice agencies
399 throughout the state.
400 (13) Subject to sufficient annual appropriations, the
401 department shall develop and maintain, in consultation with the
402 Criminal and Juvenile Justice Information Systems Council under
403 s. 943.08, an information system that supports the
404 administration of the state’s criminal and juvenile justice
405 information sharing system in compliance with this chapter and
406 other provisions of law. The department shall serve as custodial
407 manager of the Criminal Justice statewide telecommunications and
408 data Network developed and maintained as part of the information
409 system authorized by this subsection.
410 (15) The Department of Law Enforcement, in consultation
411 with the Criminal and Juvenile Justice Information Systems
412 Council established in s. 943.06, shall modify the existing
413 statewide uniform statute table in its criminal history system
414 to meet the business requirements of state and local criminal
415 justice and law enforcement agencies. In order to accomplish
416 this objective, the department shall:
417 (a) Define the minimum business requirements necessary for
418 successful implementation.
419 (b) Consider the charging and booking requirements of
420 sheriffs’ offices and police departments and the business
421 requirements of state attorneys, public defenders, criminal
422 conflict and civil regional counsel, clerks of court, judges,
423 and state law enforcement agencies.
424 (c) Adopt rules establishing the necessary technical and
425 business process standards required to implement, operate, and
426 ensure uniform system use and compliance.
427
428 The required system modifications and adopted rules shall be
429 implemented by December 31, 2012.
430 Section 10. Paragraph (c) of subsection (2), subsections
431 (4) and (5), paragraphs (b) and (c) of subsection (6), and
432 paragraphs (a), (b), and (e) of subsection (8) of section
433 943.031, Florida Statutes, are amended to read:
434 943.031 Florida Violent Crime and Drug Control Council.—
435 (2) MEMBERSHIP.—The council shall consist of 14 members, as
436 follows:
437 (c) The Secretary of the Department of Corrections or a
438 designate.
439
440 The Governor, when making appointments under this subsection,
441 must take into consideration representation by geography,
442 population, ethnicity, and other relevant factors to ensure that
443 the membership of the council is representative of the state at
444 large. Designates appearing on behalf of a council member who is
445 unable to attend a meeting of the council are empowered to vote
446 on issues before the council to the same extent the designating
447 council member is so empowered.
448 (4) MEETINGS.—The council must meet at least annually
449 semiannually. Additional meetings may be held when it is
450 determined by the department and the chair that extraordinary
451 circumstances require an additional meeting of the council. A
452 majority of the members of the council constitutes a quorum.
453 Council meetings may be conducted by conference call,
454 teleconferencing, or similar technology.
455 (5) DUTIES OF COUNCIL.—Subject to funding provided to the
456 department by the Legislature, the council shall provide advice
457 and make recommendations, as necessary, to the executive
458 director of the department.
459 (a) The council may advise the executive director on the
460 feasibility of undertaking initiatives which include, but are
461 not limited to, the following:
462 1. Establishing a program that provides grants to criminal
463 justice agencies that develop and implement effective violent
464 crime prevention and investigative programs and which provides
465 grants to law enforcement agencies for the purpose of drug
466 control, criminal gang, and illicit money laundering
467 investigative efforts or task force efforts that are determined
468 by the council to significantly contribute to achieving the
469 state’s goal of reducing drug-related crime, that represent
470 significant criminal gang investigative efforts, that represent
471 a significant illicit money laundering investigative effort, or
472 that otherwise significantly support statewide strategies
473 developed by the Statewide Drug Policy Advisory Council
474 established under s. 397.333, subject to the limitations
475 provided in this section. The grant program may include an
476 innovations grant program to provide startup funding for new
477 initiatives by local and state law enforcement agencies to
478 combat violent crime or to implement drug control, criminal
479 gang, or illicit money laundering investigative efforts or task
480 force efforts by law enforcement agencies, including, but not
481 limited to, initiatives such as:
482 a. Providing enhanced community-oriented policing.
483 b. Providing additional undercover officers and other
484 investigative officers to assist with violent crime
485 investigations in emergency situations.
486 c. Providing funding for multiagency or statewide drug
487 control, criminal gang, or illicit money laundering
488 investigative efforts or task force efforts that cannot be
489 reasonably funded completely by alternative sources and that
490 significantly contribute to achieving the state’s goal of
491 reducing drug-related crime, that represent significant criminal
492 gang investigative efforts, that represent a significant illicit
493 money laundering investigative effort, or that otherwise
494 significantly support statewide strategies developed by the
495 Statewide Drug Policy Advisory Council established under s.
496 397.333.
497 2. Expanding the use of automated biometric fingerprint
498 identification systems at the state and local levels level.
499 3. Identifying methods to prevent violent crime.
500 4. Identifying methods to enhance multiagency or statewide
501 drug control, criminal gang, or illicit money laundering
502 investigative efforts or task force efforts that significantly
503 contribute to achieving the state’s goal of reducing drug
504 related crime, that represent significant criminal gang
505 investigative efforts, that represent a significant illicit
506 money laundering investigative effort, or that otherwise
507 significantly support statewide strategies developed by the
508 Statewide Drug Policy Advisory Council established under s.
509 397.333.
510 5. Enhancing criminal justice training programs that
511 address violent crime, drug control, illicit money laundering
512 investigative techniques, or efforts to control and eliminate
513 criminal gangs.
514 6. Developing and promoting crime prevention services and
515 educational programs that serve the public, including, but not
516 limited to:
517 a. Enhanced victim and witness counseling services that
518 also provide crisis intervention, information referral,
519 transportation, and emergency financial assistance.
520 b. A well-publicized rewards program for the apprehension
521 and conviction of criminals who perpetrate violent crimes.
522 7. Enhancing information sharing and assistance in the
523 criminal justice community by expanding the use of community
524 partnerships and community policing programs. Such expansion may
525 include the use of civilian employees or volunteers to relieve
526 law enforcement officers of clerical work in order to enable the
527 officers to concentrate on street visibility within the
528 community.
529 (b) The full council shall:
530 1. Receive periodic reports from regional violent crime
531 investigation and statewide drug control strategy implementation
532 coordinating teams which relate to violent crime trends or the
533 investigative needs or successes in the regions, including
534 discussions regarding the activity of significant criminal gangs
535 in the region, factors, and trends relevant to the
536 implementation of the statewide drug strategy, and the results
537 of drug control and illicit money laundering investigative
538 efforts funded in part by the council.
539 2. Maintain and use criteria for the disbursement of funds
540 from the Violent Crime Investigative Emergency and Drug Control
541 Strategy Implementation Account or any other account from which
542 the council may disburse proactive investigative funds as may be
543 established within the Department of Law Enforcement Operating
544 Trust Fund or other appropriations provided to the Department of
545 Law Enforcement by the Legislature in the General Appropriations
546 Act. The criteria shall allow for the advancement of funds to
547 reimburse agencies regarding violent crime investigations as
548 approved by the full council and the advancement of funds to
549 implement proactive drug control strategies or significant
550 criminal gang investigative efforts as authorized by the Drug
551 Control Strategy and Criminal Gang Committee or the Victim and
552 Witness Protection Review Committee. Regarding violent crime
553 investigation reimbursement, an expedited approval procedure
554 shall be established for rapid disbursement of funds in violent
555 crime emergency situations.
556 (c) As used in this section, “significant criminal gang
557 investigative efforts” eligible for proactive funding must
558 involve at a minimum an effort against a known criminal gang
559 that:
560 1. Involves multiple law enforcement agencies.
561 2. Reflects a dedicated significant investigative effort on
562 the part of each participating agency in personnel, time devoted
563 to the investigation, and agency resources dedicated to the
564 effort.
565 3. Reflects a dedicated commitment by a prosecuting
566 authority to ensure that cases developed by the investigation
567 will be timely and effectively prosecuted.
568 4. Demonstrates a strategy and commitment to dismantling
569 the criminal gang via seizures of assets, significant money
570 laundering and organized crime investigations and prosecutions,
571 or similar efforts.
572
573 The council may require satisfaction of additional elements, to
574 include reporting criminal investigative and criminal
575 intelligence information related to criminal gang activity and
576 members in a manner required by the department, as a
577 prerequisite for receiving proactive criminal gang funding.
578 (6) DRUG CONTROL STRATEGY AND CRIMINAL GANG COMMITTEE.—
579 (b) Subject to funding provided to the department by the
580 Legislature, the committee shall review and approve all requests
581 for disbursement of funds from the Violent Crime Investigative
582 Emergency and Drug Control Strategy Implementation Account
583 within the Department of Law Enforcement Operating Trust Fund
584 and from other appropriations provided to the department by the
585 Legislature in the General Appropriations Act. An expedited
586 approval procedure shall be established for rapid disbursement
587 of funds in violent crime emergency situations. Committee
588 meetings may be conducted by conference call, teleconferencing,
589 or similar technology.
590 (c) Those receiving any proactive funding provided by the
591 council through the committee shall be required to report the
592 results of the investigations to the council once the
593 investigation has been completed. The committee shall also
594 require ongoing status reports on ongoing investigations using
595 such findings in its closed sessions and may require a recipient
596 to return all or any portion of unexpended proactive funds to
597 the council.
598 (8) VICTIM AND WITNESS PROTECTION REVIEW COMMITTEE.—
599 (a) The Victim and Witness Protection Review Committee is
600 created within the Florida Violent Crime and Drug Control
601 Council, consisting of the statewide prosecutor or a state
602 attorney, a sheriff, a chief of police, and the designee of the
603 executive director of the Department of Law Enforcement. The
604 committee shall be appointed from the membership of the council
605 by the chair of the council after the chair has consulted with
606 the executive director of the Department of Law Enforcement.
607 Committee members shall meet in conjunction with the meetings of
608 the council or at other times as required by the department and
609 the chair. The committee meetings may be conducted by conference
610 call, teleconferencing, or similar technology.
611 (b) Subject to funding provided to the department by the
612 Legislature, the committee shall:
613 1. Maintain and use criteria for disbursing funds to
614 reimburse law enforcement agencies for costs associated with
615 providing victim and witness temporary protective or temporary
616 relocation services.
617 2. Review and approve or deny, in whole or in part, all
618 reimbursement requests submitted by law enforcement agencies.
619 (e) The committee may conduct its meeting by teleconference
620 or conference phone calls when the chair of the committee finds
621 that the need for reimbursement is such that delaying until the
622 next scheduled council meeting will adversely affect the
623 requesting agency’s ability to provide the protection services.
624 Section 11. Paragraph (b) of subsection (2) and paragraph
625 (d) of subsection (4) of section 943.0435, Florida Statutes, are
626 amended to read:
627 943.0435 Sexual offenders required to register with the
628 department; penalty.—
629 (2) A sexual offender shall:
630 (b) Provide his or her name; date of birth; social security
631 number; race; sex; height; weight; hair and eye color; tattoos
632 or other identifying marks; fingerprints; photograph; occupation
633 and place of employment; address of permanent or legal residence
634 or address of any current temporary residence, within the state
635 or out of state, including a rural route address and a post
636 office box; if no permanent or temporary address, any transient
637 residence within the state, address, location or description,
638 and dates of any current or known future temporary residence
639 within the state or out of state; home telephone number and any
640 cellular telephone number; any electronic mail address and any
641 instant message name required to be provided pursuant to
642 paragraph (4)(d); date and place of each conviction; and a brief
643 description of the crime or crimes committed by the offender. A
644 post office box shall not be provided in lieu of a physical
645 residential address.
646 1. If the sexual offender’s place of residence is a motor
647 vehicle, trailer, mobile home, or manufactured home, as defined
648 in chapter 320, the sexual offender shall also provide to the
649 department through the sheriff’s office written notice of the
650 vehicle identification number; the license tag number; the
651 registration number; and a description, including color scheme,
652 of the motor vehicle, trailer, mobile home, or manufactured
653 home. If the sexual offender’s place of residence is a vessel,
654 live-aboard vessel, or houseboat, as defined in chapter 327, the
655 sexual offender shall also provide to the department written
656 notice of the hull identification number; the manufacturer’s
657 serial number; the name of the vessel, live-aboard vessel, or
658 houseboat; the registration number; and a description, including
659 color scheme, of the vessel, live-aboard vessel, or houseboat.
660 2. If the sexual offender is enrolled, employed, or
661 carrying on a vocation at an institution of higher education in
662 this state, the sexual offender shall also provide to the
663 department through the sheriff’s office the name, address, and
664 county of each institution, including each campus attended, and
665 the sexual offender’s enrollment or employment status. Each
666 change in enrollment or employment status shall be reported in
667 person at the sheriff’s office, within 48 hours after any change
668 in status. The sheriff shall promptly notify each institution of
669 the sexual offender’s presence and any change in the sexual
670 offender’s enrollment or employment status.
671
672 When a sexual offender reports at the sheriff’s office, the
673 sheriff shall take a photograph and a set of fingerprints of the
674 offender and forward the photographs and fingerprints to the
675 department, along with the information provided by the sexual
676 offender. The sheriff shall promptly provide to the department
677 the information received from the sexual offender.
678 (4)
679 (d) A sexual offender must register any electronic mail
680 address or instant message name with the department before prior
681 to using such electronic mail address or instant message name on
682 or after October 1, 2007. The department shall establish an
683 online system through which sexual offenders may securely access
684 and update all electronic mail address and instant message name
685 information.
686 Section 12. Section 943.04351, Florida Statutes, is amended
687 to read:
688 943.04351 Search of registration information regarding
689 sexual predators and sexual offenders required before prior to
690 appointment or employment.—A state agency or governmental
691 subdivision, before prior to making any decision to appoint or
692 employ a person to work, whether for compensation or as a
693 volunteer, at any park, playground, day care center, or other
694 place where children regularly congregate, must conduct a search
695 of that person’s name or other identifying information against
696 the registration information regarding sexual predators and
697 sexual offenders through the Dru Sjodin National Sexual Offender
698 Public Website maintained by the United States Department of
699 Justice. If for any reason that site is not available, a search
700 of the registration information regarding sexual predators and
701 sexual offenders maintained by the Department of Law Enforcement
702 under s. 943.043 shall be performed. The agency or governmental
703 subdivision may conduct the search using the Internet site
704 maintained by the Department of Law Enforcement. This section
705 does not apply to those positions or appointments within a state
706 agency or governmental subdivision for which a state and
707 national criminal history background check is conducted.
708 Section 13. Paragraph (a) of subsection (2) of section
709 943.0438, Florida Statutes, is amended to read:
710 943.0438 Athletic coaches for independent sanctioning
711 authorities.—
712 (2) An independent sanctioning authority shall:
713 (a)1. Conduct a background screening of each current and
714 prospective athletic coach. No person shall be authorized by the
715 independent sanctioning authority to act as an athletic coach
716 after July 1, 2010, unless a background screening has been
717 conducted and did not result in disqualification under paragraph
718 (b). Background screenings shall be conducted annually for each
719 athletic coach. For purposes of this section, a background
720 screening shall be conducted with a search of the athletic
721 coach’s name or other identifying information against state and
722 federal registries of sexual predators and sexual offenders,
723 which are available to the public on Internet sites provided by:
724 a. The Department of Law Enforcement under s. 943.043; and
725 b. The Attorney General of the United States under 42
726 U.S.C. s. 16920.
727 2. For purposes of this section, a background screening
728 conducted by a commercial consumer reporting agency in
729 compliance with the federal Fair Credit Reporting Act using the
730 identifying information referenced in subparagraph 1. and that
731 includes searching that information against the sexual predator
732 and sexual offender Internet sites listed in sub-subparagraphs
733 1.a. and b. shall be deemed in compliance with the requirements
734 of this section.
735 Section 14. Section 943.045, Florida Statutes, is amended
736 to read:
737 943.045 Definitions; ss. 943.045-943.08.—The following
738 words and phrases as used in ss. 943.045-943.08 shall have the
739 following meanings:
740 (13)(1) “Criminal justice information system” means a
741 system, including the equipment, facilities, procedures,
742 agreements, and organizations thereof, for the collection,
743 processing, preservation, or dissemination of criminal justice
744 information.
745 (2) “Administration of criminal justice” means performing
746 functions of detection, apprehension, detention, pretrial
747 release, posttrial release, prosecution, adjudication,
748 correctional supervision, or rehabilitation of accused persons
749 or criminal offenders by governmental agencies. The
750 administration of criminal justice includes criminal
751 identification activities and the collection, processing,
752 storage, and dissemination of criminal justice information by
753 governmental agencies.
754 (3) “Biometric” refers to impressions, reproductions, or
755 representations of human physical characteristics, such as DNA,
756 fingerprints, palm prints, footprints, retina and iris images,
757 voice patterns, and facial images, such as booking and driver
758 license photographs, that, when measured and analyzed, can be
759 used for identification purposes.
760 (12)(3) “Criminal justice information” means information on
761 individuals collected or disseminated as a result of arrest,
762 detention, or the initiation of a criminal proceeding by
763 criminal justice agencies, including arrest record information,
764 correctional and release information, criminal history record
765 information, conviction record information, offender
766 registration information, identification record information, and
767 wanted persons record information. The term does shall not
768 include statistical or analytical records or reports in which
769 individuals are not identified and from which their identities
770 are not ascertainable. The term does shall not include criminal
771 intelligence information or criminal investigative information.
772 (5)(4) “Criminal history information” means information
773 collected by criminal justice agencies on persons, which
774 information consists of identifiable descriptions and notations
775 of arrests, detentions, indictments, informations, or other
776 formal criminal charges and the disposition thereof. The term
777 does not include identification information, such as biometric
778 fingerprint records, if the information does not indicate
779 involvement of the person in the criminal justice system.
780 (7)(5) “Criminal intelligence information” means
781 information collected by a criminal justice agency with respect
782 to an identifiable person or group in an effort to anticipate,
783 prevent, or monitor possible criminal activity.
784 (9)(6) “Criminal investigative information” means
785 information about an identifiable person or group, compiled by a
786 criminal justice agency in the course of conducting a criminal
787 investigation of a specific criminal act or omission, including,
788 but not limited to, information derived from laboratory tests,
789 reports of investigators, informants, or any type of
790 surveillance.
791 (17)(7) “Record” means any and all documents, writings,
792 computer memory, and microfilm, and any other form in which
793 facts are memorialized, irrespective of whether such record is
794 an official record, public record, or admissible record or is
795 merely a copy thereof.
796 (4)(8) “Comparable ordinance violation” means a violation
797 of an ordinance having all the essential elements of a statutory
798 misdemeanor or felony.
799 (14)(9) “Disposition” means details relating to the
800 termination of an individual criminal defendant’s relationship
801 with a criminal justice agency, including information disclosing
802 that the law enforcement agency has elected not to refer a
803 matter to a prosecutor or that a prosecutor has elected not to
804 commence criminal proceedings, that a court has dealt with the
805 individual, or that the individual has been incarcerated,
806 paroled, pardoned, released, or granted clemency. Dispositions
807 include, but are not limited to, acquittals, dismissals, pleas,
808 convictions, adjudications, youthful offender determinations,
809 determinations of mental capacity, placements in intervention
810 programs, pardons, probations, paroles, and releases from
811 correctional institutions.
812 (11)(10) “Criminal justice agency” means:
813 (a) A court.
814 (b) The department.
815 (c) The Department of Juvenile Justice.
816 (d) The protective investigations component of the
817 Department of Children and Families Family Services, which
818 investigates the crimes of abuse and neglect.
819 (e) Any other governmental agency or subunit thereof that
820 which performs the administration of criminal justice pursuant
821 to a statute or rule of court and that which allocates a
822 substantial part of its annual budget to the administration of
823 criminal justice.
824 (15)(11) “Disseminate Dissemination” means to transmit the
825 transmission of information, whether orally or in writing.
826 (18)(12) “Research or statistical project” means any
827 program, project, or component the purpose of which is to
828 develop, measure, evaluate, or otherwise advance the state of
829 knowledge in a particular area. The term does not include
830 intelligence, investigative, or other information-gathering
831 activities in which information is obtained for purposes
832 directly related to enforcement of the criminal laws.
833 (16)(13) “Expunction of a criminal history record” means
834 the court-ordered physical destruction or obliteration of a
835 record or portion of a record by any criminal justice agency
836 having custody thereof, or as prescribed by the court issuing
837 the order, except that criminal history records in the custody
838 of the department must be retained in all cases for purposes of
839 evaluating subsequent requests by the subject of the record for
840 sealing or expunction, or for purposes of recreating the record
841 in the event an order to expunge is vacated by a court of
842 competent jurisdiction.
843 (19)(14) “Sealing of a criminal history record” means the
844 preservation of a record under such circumstances that it is
845 secure and inaccessible to any person not having a legal right
846 of access to the record or the information contained and
847 preserved therein.
848 (1)(15) “Adjudicated guilty” means that a person has been
849 found guilty and that the court has not withheld an adjudication
850 of guilt.
851 (8)(16) “Criminal intelligence information system” means a
852 system, including the equipment, facilities, procedures,
853 agreements agreement, and organizations thereof, for the
854 collection, processing, preservation, or dissemination of
855 criminal intelligence information.
856 (10)(17) “Criminal investigative information system” means
857 a system, including the equipment, facilities, procedures,
858 agreements, and organizations thereof, for the collection,
859 processing, preservation, or dissemination of criminal
860 investigative information.
861 (6)(18) “Criminal history record” means any nonjudicial
862 record maintained by a criminal justice agency containing
863 criminal history information.
864 Section 15. Paragraphs (b), (c), (d), (e), (g), and (h) of
865 subsection (2) and subsection (3) of section 943.05, Florida
866 Statutes, are amended, and subsection (4) of that section is
867 reenacted, to read:
868 943.05 Criminal Justice Information Program; duties; crime
869 reports.—
870 (2) The program shall:
871 (b) Establish, implement, and maintain a statewide
872 automated biometric fingerprint identification system capable
873 of, but not limited to, reading, classifying, matching, and
874 storing fingerprints, rolled fingerprints, and latent
875 fingerprints, palm prints, and facial images. Information
876 contained within the system shall be available to every criminal
877 justice agency that is responsible for the administration of
878 criminal justice.
879 (c) Initiate a crime information system that shall be
880 responsible for:
881 1. Preparing and disseminating semiannual reports to the
882 Governor, the Legislature, all criminal justice agencies, and,
883 upon request, the public. Each report shall include, but not be
884 limited to, types of crime reported, offenders, arrests, and
885 victims.
886 2. Upon request, providing other states and federal
887 criminal justice agencies with Florida crime data. Where
888 convenient, such data shall conform to definitions established
889 by the requesting agencies.
890 3. In cooperation with other criminal justice agencies,
891 developing and maintaining an offender-based transaction system.
892 (d) Adopt rules to effectively and efficiently implement,
893 administer, manage, maintain, and use the automated biometric
894 fingerprint identification system and uniform offense reports
895 and arrest reports. The rules shall be considered minimum
896 requirements and shall not preclude a criminal justice agency
897 from implementing its own enhancements. However, rules and forms
898 prescribing uniform arrest or probable cause affidavits and
899 alcohol influence reports to be used by all law enforcement
900 agencies in making DUI arrests under s. 316.193 shall be
901 adopted, and shall be used by all law enforcement agencies in
902 this state. The rules and forms prescribing such uniform
903 affidavits and reports shall be adopted and implemented by July
904 1, 2004. Failure to use these uniform affidavits and reports,
905 however, shall not prohibit prosecution under s. 316.193.
906 (e) Establish, implement, and maintain a Domestic and
907 Repeat Violence Injunction Statewide Verification System capable
908 of electronically transmitting information to and between
909 criminal justice agencies relating to domestic violence
910 injunctions, injunctions to prevent child abuse issued under
911 chapter 39, and repeat violence injunctions issued by the courts
912 throughout the state. Such information must include, but is not
913 limited to, information as to the existence and status of any
914 such injunction for verification purposes.
915 (g) Upon official written request, and subject to the
916 department having sufficient funds and equipment to participate
917 in such a request, from the agency executive director or
918 secretary or from his or her designee, or from qualified
919 entities participating in the volunteer and employee criminal
920 history screening system under s. 943.0542, or as otherwise
921 required by law, retain fingerprints submitted by criminal and
922 noncriminal justice agencies to the department for a criminal
923 history background screening as provided by rule and enter the
924 fingerprints in the statewide automated biometric fingerprint
925 identification system authorized by paragraph (b). Such
926 fingerprints shall thereafter be available for all purposes and
927 uses authorized for arrest fingerprint submissions entered into
928 the statewide automated biometric fingerprint identification
929 system pursuant to s. 943.051.
930 (h) For each agency or qualified entity that officially
931 requests retention of fingerprints or for which retention is
932 otherwise required by law, search all arrest fingerprint
933 submissions received under s. 943.051 against the fingerprints
934 retained in the statewide automated biometric fingerprint
935 identification system under paragraph (g).
936 1. Any arrest record that is identified with the retained
937 fingerprints of a person subject to background screening as
938 provided in paragraph (g) shall be reported to the appropriate
939 agency or qualified entity.
940 2. To participate in this search process, agencies or
941 qualified entities must notify each person fingerprinted that
942 his or her fingerprints will be retained, pay an annual fee to
943 the department unless otherwise provided by law, and inform the
944 department of any change in the affiliation, employment, or
945 contractual status of each person whose fingerprints are
946 retained under paragraph (g) if such change removes or
947 eliminates the agency or qualified entity’s basis or need for
948 receiving reports of any arrest of that person, so that the
949 agency or qualified entity is not obligated to pay the upcoming
950 annual fee for the retention and searching of that person’s
951 fingerprints to the department. The department shall adopt a
952 rule setting the amount of the annual fee to be imposed upon
953 each participating agency or qualified entity for performing
954 these searches and establishing the procedures for the retention
955 of fingerprints and the dissemination of search results. The fee
956 may be borne by the agency, qualified entity, or person subject
957 to fingerprint retention or as otherwise provided by law.
958 Consistent with the recognition of criminal justice agencies
959 expressed in s. 943.053(3), these services shall be provided to
960 criminal justice agencies for criminal justice purposes free of
961 charge. Qualified entities that elect to participate in the
962 fingerprint retention and search process are required to timely
963 remit the fee to the department by a payment mechanism approved
964 by the department. If requested by the qualified entity, and
965 with the approval of the department, such fees may be timely
966 remitted to the department by a qualified entity upon receipt of
967 an invoice for such fees from the department. Failure of a
968 qualified entity to pay the amount due on a timely basis or as
969 invoiced by the department may result in the refusal by the
970 department to permit the qualified entity to continue to
971 participate in the fingerprint retention and search process
972 until all fees due and owing are paid.
973 3. Agencies that participate in the fingerprint retention
974 and search process may adopt rules pursuant to ss. 120.536(1)
975 and 120.54 to require employers to keep the agency informed of
976 any change in the affiliation, employment, or contractual status
977 of each person whose fingerprints are retained under paragraph
978 (g) if such change removes or eliminates the agency’s basis or
979 need for receiving reports of any arrest of that person, so that
980 the agency is not obligated to pay the upcoming annual fee for
981 the retention and searching of that person’s fingerprints to the
982 department.
983 (3) If fingerprints submitted to the department for
984 background screening, whether retained or not retained, are
985 identified with the fingerprints of a person having a criminal
986 history record, such fingerprints may thereafter be available
987 for all purposes and uses authorized for arrest fingerprints
988 fingerprint cards, including, but not limited to, entry into the
989 statewide automated biometric fingerprint identification system
990 to augment or replace the fingerprints that identify the
991 criminal history record.
992 (4) Upon notification that a federal fingerprint retention
993 program is in effect, and subject to the department being funded
994 and equipped to participate in such a program, the department
995 shall, if state and national criminal history records checks and
996 retention of submitted prints are authorized or required by law,
997 retain the fingerprints as provided in paragraphs (2)(g) and (h)
998 and advise the Federal Bureau of Investigation to retain the
999 fingerprints at the national level for searching against arrest
1000 fingerprint submissions received at the national level.
1001 Section 16. Subsections (2) and (3) of section 943.051,
1002 Florida Statutes, are amended to read:
1003 943.051 Criminal justice information; collection and
1004 storage; fingerprinting.—
1005 (2) The fingerprints, palm prints, and facial images of
1006 each adult person charged with or convicted of a felony,
1007 misdemeanor, or violation of a comparable ordinance by a state,
1008 county, municipal, or other law enforcement agency shall be
1009 captured fingerprinted, and electronically such fingerprints
1010 shall be submitted to the department in the manner prescribed by
1011 rule. Exceptions to this requirement for specified misdemeanors
1012 or comparable ordinance violations may be made by the department
1013 by rule.
1014 (3)(a) The fingerprints, palm prints, and facial images of
1015 a minor who is charged with or found to have committed an
1016 offense that would be a felony if committed by an adult shall be
1017 captured fingerprinted and the fingerprints shall be
1018 electronically submitted to the department in the manner
1019 prescribed by rule.
1020 (b) A minor who is charged with or found to have committed
1021 the following offenses shall be fingerprinted and the
1022 fingerprints shall be submitted electronically to the
1023 department, unless the minor is issued a civil citation pursuant
1024 to s. 985.12:
1025 1. Assault, as defined in s. 784.011.
1026 2. Battery, as defined in s. 784.03.
1027 3. Carrying a concealed weapon, as defined in s. 790.01(1).
1028 4. Unlawful use of destructive devices or bombs, as defined
1029 in s. 790.1615(1).
1030 5. Neglect Negligent treatment of a child children, as
1031 defined in s. 827.03(1)(e) former s. 827.05.
1032 6. Assault or battery on a law enforcement officer, a
1033 firefighter, or other specified officers, as defined in s.
1034 784.07(2)(a) and (b).
1035 7. Open carrying of a weapon, as defined in s. 790.053.
1036 8. Exposure of sexual organs, as defined in s. 800.03.
1037 9. Unlawful possession of a firearm, as defined in s.
1038 790.22(5).
1039 10. Petit theft, as defined in s. 812.014(3).
1040 11. Cruelty to animals, as defined in s. 828.12(1).
1041 12. Arson, as defined in s. 806.031(1).
1042 13. Unlawful possession or discharge of a weapon or firearm
1043 at a school-sponsored event or on school property, as provided
1044 defined in s. 790.115.
1045 Section 17. Section 943.052, Florida Statutes, is amended
1046 to read:
1047 943.052 Disposition reporting.—The Criminal Justice
1048 Information Program shall, by rule, establish procedures and a
1049 format for each criminal justice agency to monitor its records
1050 and submit reports, as provided by this section, to the program.
1051 The disposition report shall be developed by the program and
1052 shall include the offender-based transaction system number.
1053 (1) Each law enforcement officer or booking officer shall
1054 include with submitted arrest information and fingerprints on
1055 the arrest fingerprint card the offender-based transaction
1056 system number.
1057 (2) Each clerk of the court shall submit the uniform
1058 dispositions to the program or in a manner acceptable to the
1059 program. The report must shall be submitted at least once a
1060 month and, when acceptable by the program, may be submitted in
1061 an automated format acceptable to the program. The disposition
1062 report is mandatory for each disposition dispositions relating
1063 to an adult offender and, offenders only. beginning July 1,
1064 2008, a disposition report for dispositions each disposition
1065 relating to a minor offenders offender is mandatory.
1066 (3)(a) The Department of Corrections shall submit
1067 fingerprints, palm prints, and facial images information to the
1068 program relating to the receipt or discharge of any person who
1069 is sentenced to a state correctional institution.
1070 (b) The Department of Juvenile Justice shall submit
1071 fingerprints, palm prints, and facial images information to the
1072 program relating to the receipt or discharge of any minor who is
1073 found to have committed an offense that would be a felony if
1074 committed by an adult, or is found to have committed a
1075 misdemeanor specified in s. 943.051(3), and is committed to the
1076 custody of the Department of Juvenile Justice.
1077 Section 18. Subsection (2), paragraph (a) of subsection
1078 (3), subsection (11), and paragraphs (a) and (c) of subsection
1079 (13) of section 943.053, Florida Statutes, are amended to read:
1080 943.053 Dissemination of criminal justice information;
1081 fees.—
1082 (2) Criminal justice information derived from federal
1083 criminal justice information systems or criminal justice
1084 information systems of other states shall not be disseminated in
1085 a manner inconsistent with the rules instituted by the National
1086 Crime Prevention and Privacy Compact, as approved and ratified
1087 in s. 943.0543, or with other applicable laws, regulations, or
1088 rules of the originating agency.
1089 (3)(a) Criminal history information, including information
1090 relating to minors, compiled by the Criminal Justice Information
1091 Program from intrastate sources shall be available on a priority
1092 basis to criminal justice agencies for criminal justice purposes
1093 free of charge. After providing the program with all known
1094 personal identifying information, persons in the private sector
1095 and noncriminal justice agencies may be provided criminal
1096 history information upon tender of fees as established in this
1097 subsection and in the manner prescribed by rule of the
1098 Department of Law Enforcement. Any access to criminal history
1099 information by the private sector or noncriminal justice
1100 agencies as provided in this subsection shall be assessed
1101 without regard to the quantity or category of criminal history
1102 record information requested.
1103 (11) A criminal justice agency that is authorized under
1104 federal rules or law to conduct a criminal history background
1105 check on an agency employee who is not certified by the Criminal
1106 Justice Standards and Training Commission under s. 943.12 may
1107 submit to the department the fingerprints of the noncertified
1108 employee to obtain state and national criminal history
1109 information. The fingerprints shall be retained and entered in
1110 the statewide automated biometric fingerprint identification
1111 system authorized by s. 943.05 and shall be available for all
1112 purposes and uses authorized for arrest fingerprint submissions
1113 entered in the statewide automated biometric fingerprint
1114 identification system pursuant to s. 943.051. The department
1115 shall search all arrest fingerprint submissions received
1116 pursuant to s. 943.051 against the fingerprints retained in the
1117 statewide automated biometric fingerprint identification system
1118 pursuant to this section. In addition to all purposes and uses
1119 authorized for arrest fingerprint submissions for which
1120 submitted fingerprints may be used, any arrest record that is
1121 identified with the retained employee fingerprints must be
1122 reported to the submitting employing agency.
1123 (13)(a) For the department to accept an electronic
1124 fingerprint submission from:
1125 1. A private vendor engaged in the business of providing
1126 electronic fingerprint submission; or
1127 2. A private entity or public agency that submits the
1128 fingerprints of its own employees, volunteers, contractors,
1129 associates, or applicants for the purpose of conducting a
1130 required or permitted criminal history background check,
1131
1132 the vendor, entity, or agency submitting the fingerprints must
1133 enter into an agreement with the department that, at a minimum,
1134 obligates the vendor, entity, or agency to comply with certain
1135 specified standards to ensure that all persons having direct or
1136 indirect responsibility for verifying identification, taking
1137 fingerprints, identifying, and electronically submitting
1138 fingerprints are qualified to do so and will ensure the
1139 integrity and security of all personal information gathered from
1140 the persons whose fingerprints are submitted.
1141 (c) The requirement for entering into an agreement with the
1142 department for this purpose does not apply to criminal justice
1143 agencies as defined at s. 943.045(10).
1144 Section 19. Paragraph (b) of subsection (1) of section
1145 943.054, Florida Statutes, is amended to read:
1146 943.054 Exchange of federal criminal history records and
1147 information.—
1148 (1) Criminal history information derived from any United
1149 States Department of Justice criminal justice information system
1150 is available:
1151 (b) Pursuant to applicable federal laws and regulations,
1152 including those instituted by the National Crime Prevention and
1153 Privacy Compact, for use in connection with licensing or local
1154 or state employment or for such other uses only as authorized by
1155 federal or state laws which have been approved by the United
1156 States Attorney General or the Attorney General’s designee. When
1157 no active prosecution of the charge is known to be pending,
1158 arrest data more than 1 year old is not disseminated unless
1159 accompanied by information relating to the disposition of that
1160 arrest.
1161 Section 20. Paragraphs (b) and (c) of subsection (2) of
1162 section 943.0542, Florida Statutes, are amended to read:
1163 943.0542 Access to criminal history information provided by
1164 the department to qualified entities.—
1165 (2)
1166 (b) A qualified entity shall submit to the department a
1167 request for screening an employee or volunteer or person
1168 applying to be an employee or volunteer by submitting
1169 fingerprints on a completed fingerprint card, or the request may
1170 be submitted electronically. The qualified entity must maintain
1171 a signed waiver allowing the release of the state and national
1172 criminal history record information to the qualified entity.
1173 (c) Each such request must be accompanied by payment of a
1174 fee for a statewide criminal history check by the department
1175 established by s. 943.053, plus the amount currently prescribed
1176 by the Federal Bureau of Investigation for the national criminal
1177 history check in compliance with the National Child Protection
1178 Act of 1993, as amended. Payments must be made in the manner
1179 prescribed by the department by rule.
1180 Section 21. Subsection (2) of section 943.0544, Florida
1181 Statutes, is amended to read:
1182 943.0544 Criminal justice information network and
1183 information management.—
1184 (2) The department may develop, implement, maintain,
1185 manage, and operate the Criminal Justice Network, which shall be
1186 an intrastate network for agency intraagency information and
1187 data sharing data-sharing network for use by the state’s
1188 criminal justice agencies. The department, in consultation with
1189 the Criminal and Juvenile Justice Information Systems Council,
1190 shall determine and regulate access to the Criminal Justice
1191 Network by the state’s criminal justice agencies.
1192 Section 22. Section 943.055, Florida Statutes, is amended
1193 to read:
1194 943.055 Records and audit.—
1195 (1) Criminal justice agencies disseminating criminal
1196 justice information derived from a Department of Law Enforcement
1197 criminal justice information system shall maintain a record of
1198 dissemination in accordance with the user agreements in s.
1199 943.0525 rules adopted by the Department of Law Enforcement.
1200 (2) The Criminal Justice Information Program shall arrange
1201 for any audits of state and local criminal justice and
1202 noncriminal justice agencies necessary to ensure assure
1203 compliance with federal laws and regulations, this chapter, and
1204 rules of the Department of Law Enforcement pertaining to the
1205 establishment, operation, security, and maintenance of criminal
1206 justice information systems.
1207 Section 23. Subsection (2) of section 943.056, Florida
1208 Statutes, is amended to read:
1209 943.056 Access to, review and challenge of, Criminal
1210 history records; access, review, and challenge.—
1211 (2) Criminal justice agencies subject to chapter 120 shall
1212 be subject to hearings regarding those portions of criminal
1213 history records for which the agency served as originator. When
1214 it is determined what the record should contain in order to be
1215 complete and accurate, the Criminal Justice Information Program
1216 shall be advised and shall conform state and federal records to
1217 the corrected criminal history record information and shall
1218 request that the federal records be corrected.
1219 Section 24. Paragraphs (b) and (c) of subsection (3) and
1220 subsections (5) and (6) of section 943.0582, Florida Statutes,
1221 are amended to read:
1222 943.0582 Prearrest, postarrest, or teen court diversion
1223 program expunction.—
1224 (3) The department shall expunge the nonjudicial arrest
1225 record of a minor who has successfully completed a prearrest or
1226 postarrest diversion program if that minor:
1227 (b) Submits the application for prearrest or postarrest
1228 diversion expunction no later than 12 6 months after completion
1229 of the diversion program.
1230 (c) Submits to the department, with the application, an
1231 official written statement from the state attorney for the
1232 county in which the arrest occurred certifying that he or she
1233 has successfully completed that county’s prearrest or postarrest
1234 diversion program, and that his or her participation in the
1235 program was based on an arrest is strictly limited to minors
1236 arrested for a nonviolent misdemeanor, and that he or she has
1237 who have not otherwise been charged with or found to have
1238 committed any criminal offense or comparable ordinance
1239 violation.
1240 (5) This section operates retroactively to permit the
1241 expunction of any nonjudicial record of the arrest of a minor
1242 who has successfully completed a prearrest or postarrest
1243 diversion program on or after July 1, 2000; however, in the case
1244 of a minor whose completion of the program occurred before the
1245 effective date of this section, the application for prearrest or
1246 postarrest diversion expunction must be submitted within 6
1247 months after the effective date of this section.
1248 (5)(6) Expunction or sealing granted under this section
1249 does not prevent the minor who receives such relief from
1250 petitioning for the expunction or sealing of a later criminal
1251 history record as provided for in ss. 943.0585 and 943.059, if
1252 the minor is otherwise eligible under those sections.
1253 Section 25. Paragraph (b) of subsection (1), paragraph (f)
1254 of subsection (2), and paragraph (a) of subsection (4) of
1255 section 943.0585, Florida Statutes, are amended to read:
1256 943.0585 Court-ordered expunction of criminal history
1257 records.—The courts of this state have jurisdiction over their
1258 own procedures, including the maintenance, expunction, and
1259 correction of judicial records containing criminal history
1260 information to the extent such procedures are not inconsistent
1261 with the conditions, responsibilities, and duties established by
1262 this section. Any court of competent jurisdiction may order a
1263 criminal justice agency to expunge the criminal history record
1264 of a minor or an adult who complies with the requirements of
1265 this section. The court shall not order a criminal justice
1266 agency to expunge a criminal history record until the person
1267 seeking to expunge a criminal history record has applied for and
1268 received a certificate of eligibility for expunction pursuant to
1269 subsection (2). A criminal history record that relates to a
1270 violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794,
1271 s. 796.03, s. 800.04, s. 810.14, s. 817.034, s. 825.1025, s.
1272 827.071, chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s.
1273 893.135, s. 916.1075, a violation enumerated in s. 907.041, or
1274 any violation specified as a predicate offense for registration
1275 as a sexual predator pursuant to s. 775.21, without regard to
1276 whether that offense alone is sufficient to require such
1277 registration, or for registration as a sexual offender pursuant
1278 to s. 943.0435, may not be expunged, without regard to whether
1279 adjudication was withheld, if the defendant was found guilty of
1280 or pled guilty or nolo contendere to the offense, or if the
1281 defendant, as a minor, was found to have committed, or pled
1282 guilty or nolo contendere to committing, the offense as a
1283 delinquent act. The court may only order expunction of a
1284 criminal history record pertaining to one arrest or one incident
1285 of alleged criminal activity, except as provided in this
1286 section. The court may, at its sole discretion, order the
1287 expunction of a criminal history record pertaining to more than
1288 one arrest if the additional arrests directly relate to the
1289 original arrest. If the court intends to order the expunction of
1290 records pertaining to such additional arrests, such intent must
1291 be specified in the order. A criminal justice agency may not
1292 expunge any record pertaining to such additional arrests if the
1293 order to expunge does not articulate the intention of the court
1294 to expunge a record pertaining to more than one arrest. This
1295 section does not prevent the court from ordering the expunction
1296 of only a portion of a criminal history record pertaining to one
1297 arrest or one incident of alleged criminal activity.
1298 Notwithstanding any law to the contrary, a criminal justice
1299 agency may comply with laws, court orders, and official requests
1300 of other jurisdictions relating to expunction, correction, or
1301 confidential handling of criminal history records or information
1302 derived therefrom. This section does not confer any right to the
1303 expunction of any criminal history record, and any request for
1304 expunction of a criminal history record may be denied at the
1305 sole discretion of the court.
1306 (1) PETITION TO EXPUNGE A CRIMINAL HISTORY RECORD.—Each
1307 petition to a court to expunge a criminal history record is
1308 complete only when accompanied by:
1309 (b) The petitioner’s sworn statement attesting that the
1310 petitioner:
1311 1. Has never, prior to the date on which the petition is
1312 filed, been adjudicated guilty of a criminal offense or
1313 comparable ordinance violation, or been adjudicated delinquent
1314 for committing any felony or a misdemeanor specified in s.
1315 943.051(3)(b).
1316 2. Has not been adjudicated guilty of, or adjudicated
1317 delinquent for committing, any of the acts stemming from the
1318 arrest or alleged criminal activity to which the petition
1319 pertains.
1320 3. Has never secured a prior sealing or expunction of a
1321 criminal history record under this section, s. 943.059, former
1322 s. 893.14, former s. 901.33, or former s. 943.058, or from any
1323 jurisdiction outside the state, unless expunction is sought of a
1324 criminal history record previously sealed for 10 years pursuant
1325 to paragraph (2)(h) and the record is otherwise eligible for
1326 expunction.
1327 4. Is eligible for such an expunction to the best of his or
1328 her knowledge or belief and does not have any other petition to
1329 expunge or any petition to seal pending before any court.
1330
1331 Any person who knowingly provides false information on such
1332 sworn statement to the court commits a felony of the third
1333 degree, punishable as provided in s. 775.082, s. 775.083, or s.
1334 775.084.
1335 (2) CERTIFICATE OF ELIGIBILITY FOR EXPUNCTION.—Prior to
1336 petitioning the court to expunge a criminal history record, a
1337 person seeking to expunge a criminal history record shall apply
1338 to the department for a certificate of eligibility for
1339 expunction. The department shall, by rule adopted pursuant to
1340 chapter 120, establish procedures pertaining to the application
1341 for and issuance of certificates of eligibility for expunction.
1342 A certificate of eligibility for expunction is valid for 12
1343 months after the date stamped on the certificate when issued by
1344 the department. After that time, the petitioner must reapply to
1345 the department for a new certificate of eligibility. Eligibility
1346 for a renewed certification of eligibility must be based on the
1347 status of the applicant and the law in effect at the time of the
1348 renewal application. The department shall issue a certificate of
1349 eligibility for expunction to a person who is the subject of a
1350 criminal history record if that person:
1351 (f) Has never secured a prior sealing or expunction of a
1352 criminal history record under this section, s. 943.059, former
1353 s. 893.14, former s. 901.33, or former s. 943.058, unless
1354 expunction is sought of a criminal history record previously
1355 sealed for 10 years pursuant to paragraph (h) and the record is
1356 otherwise eligible for expunction.
1357 (4) EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.—Any
1358 criminal history record of a minor or an adult which is ordered
1359 expunged by a court of competent jurisdiction pursuant to this
1360 section must be physically destroyed or obliterated by any
1361 criminal justice agency having custody of such record; except
1362 that any criminal history record in the custody of the
1363 department must be retained in all cases. A criminal history
1364 record ordered expunged that is retained by the department is
1365 confidential and exempt from the provisions of s. 119.07(1) and
1366 s. 24(a), Art. I of the State Constitution and not available to
1367 any person or entity except upon order of a court of competent
1368 jurisdiction. A criminal justice agency may retain a notation
1369 indicating compliance with an order to expunge.
1370 (a) The person who is the subject of a criminal history
1371 record that is expunged under this section or under other
1372 provisions of law, including former s. 893.14, former s. 901.33,
1373 and former s. 943.058, may lawfully deny or fail to acknowledge
1374 the arrests covered by the expunged record, except when the
1375 subject of the record:
1376 1. Is a candidate for employment with a criminal justice
1377 agency;
1378 2. Is a defendant in a criminal prosecution;
1379 3. Concurrently or subsequently petitions for relief under
1380 this section or s. 943.059;
1381 4. Is a candidate for admission to The Florida Bar;
1382 5. Is seeking to be employed or licensed by or to contract
1383 with the Department of Children and Families Family Services,
1384 the Division of Vocational Rehabilitation within the Department
1385 of Education, the Agency for Health Care Administration, the
1386 Agency for Persons with Disabilities, the Department of Health,
1387 the Department of Elderly Affairs, or the Department of Juvenile
1388 Justice or to be employed or used by such contractor or licensee
1389 in a sensitive position having direct contact with children, the
1390 disabled, or the elderly; or
1391 6. Is seeking to be employed or licensed by the Department
1392 of Education, any district school board, any university
1393 laboratory school, any charter school, any private or parochial
1394 school, or any local governmental entity that licenses child
1395 care facilities; or
1396 7. Is seeking authorization from a seaport listed in s.
1397 311.09 for employment within or access to one or more of such
1398 seaports pursuant to s. 311.12.
1399 Section 26. Paragraph (b) of subsection (1), paragraph (e)
1400 of subsection (2), and paragraph (a) of subsection (4) of
1401 section 943.059, Florida Statutes, are amended to read:
1402 943.059 Court-ordered sealing of criminal history records.
1403 The courts of this state shall continue to have jurisdiction
1404 over their own procedures, including the maintenance, sealing,
1405 and correction of judicial records containing criminal history
1406 information to the extent such procedures are not inconsistent
1407 with the conditions, responsibilities, and duties established by
1408 this section. Any court of competent jurisdiction may order a
1409 criminal justice agency to seal the criminal history record of a
1410 minor or an adult who complies with the requirements of this
1411 section. The court shall not order a criminal justice agency to
1412 seal a criminal history record until the person seeking to seal
1413 a criminal history record has applied for and received a
1414 certificate of eligibility for sealing pursuant to subsection
1415 (2). A criminal history record that relates to a violation of s.
1416 393.135, s. 394.4593, s. 787.025, chapter 794, s. 796.03, s.
1417 800.04, s. 810.14, s. 817.034, s. 825.1025, s. 827.071, chapter
1418 839, s. 847.0133, s. 847.0135, s. 847.0145, s. 893.135, s.
1419 916.1075, a violation enumerated in s. 907.041, or any violation
1420 specified as a predicate offense for registration as a sexual
1421 predator pursuant to s. 775.21, without regard to whether that
1422 offense alone is sufficient to require such registration, or for
1423 registration as a sexual offender pursuant to s. 943.0435, may
1424 not be sealed, without regard to whether adjudication was
1425 withheld, if the defendant was found guilty of or pled guilty or
1426 nolo contendere to the offense, or if the defendant, as a minor,
1427 was found to have committed or pled guilty or nolo contendere to
1428 committing the offense as a delinquent act. The court may only
1429 order sealing of a criminal history record pertaining to one
1430 arrest or one incident of alleged criminal activity, except as
1431 provided in this section. The court may, at its sole discretion,
1432 order the sealing of a criminal history record pertaining to
1433 more than one arrest if the additional arrests directly relate
1434 to the original arrest. If the court intends to order the
1435 sealing of records pertaining to such additional arrests, such
1436 intent must be specified in the order. A criminal justice agency
1437 may not seal any record pertaining to such additional arrests if
1438 the order to seal does not articulate the intention of the court
1439 to seal records pertaining to more than one arrest. This section
1440 does not prevent the court from ordering the sealing of only a
1441 portion of a criminal history record pertaining to one arrest or
1442 one incident of alleged criminal activity. Notwithstanding any
1443 law to the contrary, a criminal justice agency may comply with
1444 laws, court orders, and official requests of other jurisdictions
1445 relating to sealing, correction, or confidential handling of
1446 criminal history records or information derived therefrom. This
1447 section does not confer any right to the sealing of any criminal
1448 history record, and any request for sealing a criminal history
1449 record may be denied at the sole discretion of the court.
1450 (1) PETITION TO SEAL A CRIMINAL HISTORY RECORD.—Each
1451 petition to a court to seal a criminal history record is
1452 complete only when accompanied by:
1453 (b) The petitioner’s sworn statement attesting that the
1454 petitioner:
1455 1. Has never, prior to the date on which the petition is
1456 filed, been adjudicated guilty of a criminal offense or
1457 comparable ordinance violation, or been adjudicated delinquent
1458 for committing any felony or a misdemeanor specified in s.
1459 943.051(3)(b).
1460 2. Has not been adjudicated guilty of or adjudicated
1461 delinquent for committing any of the acts stemming from the
1462 arrest or alleged criminal activity to which the petition to
1463 seal pertains.
1464 3. Has never secured a prior sealing or expunction of a
1465 criminal history record under this section, s. 943.0585, former
1466 s. 893.14, former s. 901.33, or former s. 943.058, or from any
1467 jurisdiction outside the state.
1468 4. Is eligible for such a sealing to the best of his or her
1469 knowledge or belief and does not have any other petition to seal
1470 or any petition to expunge pending before any court.
1471
1472 Any person who knowingly provides false information on such
1473 sworn statement to the court commits a felony of the third
1474 degree, punishable as provided in s. 775.082, s. 775.083, or s.
1475 775.084.
1476 (2) CERTIFICATE OF ELIGIBILITY FOR SEALING.—Prior to
1477 petitioning the court to seal a criminal history record, a
1478 person seeking to seal a criminal history record shall apply to
1479 the department for a certificate of eligibility for sealing. The
1480 department shall, by rule adopted pursuant to chapter 120,
1481 establish procedures pertaining to the application for and
1482 issuance of certificates of eligibility for sealing. A
1483 certificate of eligibility for sealing is valid for 12 months
1484 after the date stamped on the certificate when issued by the
1485 department. After that time, the petitioner must reapply to the
1486 department for a new certificate of eligibility. Eligibility for
1487 a renewed certification of eligibility must be based on the
1488 status of the applicant and the law in effect at the time of the
1489 renewal application. The department shall issue a certificate of
1490 eligibility for sealing to a person who is the subject of a
1491 criminal history record provided that such person:
1492 (e) Has never secured a prior sealing or expunction of a
1493 criminal history record under this section, s. 943.0585, former
1494 s. 893.14, former s. 901.33, or former s. 943.058.
1495 (4) EFFECT OF CRIMINAL HISTORY RECORD SEALING.—A criminal
1496 history record of a minor or an adult which is ordered sealed by
1497 a court of competent jurisdiction pursuant to this section is
1498 confidential and exempt from the provisions of s. 119.07(1) and
1499 s. 24(a), Art. I of the State Constitution and is available only
1500 to the person who is the subject of the record, to the subject’s
1501 attorney, to criminal justice agencies for their respective
1502 criminal justice purposes, which include conducting a criminal
1503 history background check for approval of firearms purchases or
1504 transfers as authorized by state or federal law, to judges in
1505 the state courts system for the purpose of assisting them in
1506 their case-related decisionmaking responsibilities, as set forth
1507 in s. 943.053(5), or to those entities set forth in
1508 subparagraphs (a)1., 4., 5., 6., and 8. for their respective
1509 licensing, access authorization, and employment purposes.
1510 (a) The subject of a criminal history record sealed under
1511 this section or under other provisions of law, including former
1512 s. 893.14, former s. 901.33, and former s. 943.058, may lawfully
1513 deny or fail to acknowledge the arrests covered by the sealed
1514 record, except when the subject of the record:
1515 1. Is a candidate for employment with a criminal justice
1516 agency;
1517 2. Is a defendant in a criminal prosecution;
1518 3. Concurrently or subsequently petitions for relief under
1519 this section or s. 943.0585;
1520 4. Is a candidate for admission to The Florida Bar;
1521 5. Is seeking to be employed or licensed by or to contract
1522 with the Department of Children and Families Family Services,
1523 the Division of Vocational Rehabilitation within the Department
1524 of Education, the Agency for Health Care Administration, the
1525 Agency for Persons with Disabilities, the Department of Health,
1526 the Department of Elderly Affairs, or the Department of Juvenile
1527 Justice or to be employed or used by such contractor or licensee
1528 in a sensitive position having direct contact with children, the
1529 disabled, or the elderly;
1530 6. Is seeking to be employed or licensed by the Department
1531 of Education, any district school board, any university
1532 laboratory school, any charter school, any private or parochial
1533 school, or any local governmental entity that licenses child
1534 care facilities; or
1535 7. Is attempting to purchase a firearm from a licensed
1536 importer, licensed manufacturer, or licensed dealer and is
1537 subject to a criminal history check under state or federal law;
1538 or
1539 8. Is seeking authorization from a Florida seaport
1540 identified in s. 311.09 for employment within or access to one
1541 or more of such seaports pursuant to s. 311.12.
1542 Section 27. Section 943.125, Florida Statutes, is amended
1543 to read:
1544 943.125 Accreditation of state and local law enforcement
1545 agencies, correctional facilities, public agency offices of
1546 inspectors general, and certain pretrial diversion programs Law
1547 enforcement agency accreditation; intent.—
1548 (1) It is the intent of the Legislature that law
1549 enforcement agencies, correctional facilities, public agency
1550 offices of inspectors general, and those agencies offering
1551 pretrial diversion programs within offices of the state
1552 attorneys, county government, or sheriff’s offices in the state
1553 be upgraded and strengthened through the adoption of meaningful
1554 standards of operation for those agencies and their functions.
1555 (2) It is the further intent of the Legislature that these
1556 law enforcement agencies voluntarily adopt standards designed to
1557 promote enhanced professionalism:
1558 (a) For equal and fair law enforcement, to maximize the
1559 capability of law enforcement agencies to enforce the law and
1560 prevent and control criminal activities, and to increase
1561 interagency cooperation throughout the state.
1562 (b) For correctional facilities, to maintain best practices
1563 for the care, custody, and control of inmates.
1564 (c) Within public agency offices of inspector general, to
1565 promote more effective scrutiny of public agency operations and
1566 greater accountability of those serving in those agencies.
1567 (d) In the operation and management of pretrial diversion
1568 programs offered by and through the state attorney’s offices,
1569 county government, or sheriff’s offices.
1570 (3) It is further the intent of The Legislature also
1571 intends to encourage the continuation of a voluntary state
1572 accreditation program to facilitate the enhanced professionalism
1573 identified in subsection (2) Florida Sheriffs Association and
1574 the Florida Police Chiefs Association to develop, either jointly
1575 or separately, a law enforcement agency accreditation program.
1576 Other than the staff support by the department as authorized in
1577 subsection (5), the accreditation program must be independent of
1578 any law enforcement agency, the Department of Corrections, the
1579 Florida Sheriffs Association, or the Florida Police Chiefs
1580 Association.
1581 (4) The law enforcement accreditation program must address,
1582 at a minimum, the following aspects of law enforcement:
1583 (a) Vehicle pursuits.
1584 (b) Seizure and forfeiture of contraband articles.
1585 (c) Recording and processing citizens’ complaints.
1586 (d) Use of force.
1587 (e) Traffic stops.
1588 (f) Handling natural and manmade disasters.
1589 (g) Special operations.
1590 (h) Prisoner transfer.
1591 (i) Collection and preservation of evidence.
1592 (j) Recruitment and selection.
1593 (k) Officer training.
1594 (l) Performance evaluations.
1595 (m) Law enforcement disciplinary procedures and rights.
1596 (n) Use of criminal investigative funds.
1597 (5) Subject to available funding, the department shall
1598 employ and assign adequate support staff to the Commission for
1599 Florida Law Enforcement Accreditation, Inc., and the Florida
1600 Corrections Accreditation Commission, Inc., in support of the
1601 accreditation programs established in this section.
1602 (6) Accreditation standards related to law enforcement and
1603 inspectors general used by the accreditation programs
1604 established in this section shall be determined by the
1605 Commission for Florida Law Enforcement Accreditation, Inc.
1606 Accreditation standards related to corrections functions and
1607 pretrial diversion programs shall be determined by the Florida
1608 Corrections Accreditation Commission, Inc.
1609 Section 28. Subsection (5) of section 943.13, Florida
1610 Statutes, is amended to read:
1611 943.13 Officers’ minimum qualifications for employment or
1612 appointment.—On or after October 1, 1984, any person employed or
1613 appointed as a full-time, part-time, or auxiliary law
1614 enforcement officer or correctional officer; on or after October
1615 1, 1986, any person employed as a full-time, part-time, or
1616 auxiliary correctional probation officer; and on or after
1617 October 1, 1986, any person employed as a full-time, part-time,
1618 or auxiliary correctional officer by a private entity under
1619 contract to the Department of Corrections, to a county
1620 commission, or to the Department of Management Services shall:
1621 (5) Have documentation of his or her processed fingerprints
1622 on file with the employing agency or, if a private correctional
1623 officer, have documentation of his or her processed fingerprints
1624 on file with the Department of Corrections or the Criminal
1625 Justice Standards and Training Commission. If administrative
1626 delays are caused by the department or the Federal Bureau of
1627 Investigation and the person has complied with subsections (1)
1628 (4) and (6)-(9), he or she may be employed or appointed for a
1629 period not to exceed 1 calendar year from the date he or she was
1630 employed or appointed or until return of the processed
1631 fingerprints documenting noncompliance with subsections (1)-(4)
1632 or subsection (7), whichever occurs first. Beginning January 15,
1633 2007, The department shall retain and enter into the statewide
1634 automated biometric fingerprint identification system authorized
1635 by s. 943.05 all fingerprints submitted to the department as
1636 required by this section. Thereafter, the fingerprints shall be
1637 available for all purposes and uses authorized for arrest
1638 fingerprints fingerprint cards entered in the statewide
1639 automated biometric fingerprint identification system pursuant
1640 to s. 943.051. The department shall search all arrest
1641 fingerprints fingerprint cards received pursuant to s. 943.051
1642 against the fingerprints retained in the statewide automated
1643 biometric fingerprint identification system pursuant to this
1644 section and report to the employing agency any arrest records
1645 that are identified with the retained employee’s fingerprints.
1646 By January 1, 2008, a person who must meet minimum
1647 qualifications as provided in this section and whose
1648 fingerprints are not retained by the department pursuant to this
1649 section must be refingerprinted. These fingerprints must be
1650 forwarded to the department for processing and retention.
1651 Section 29. Subsection (1) of section 943.132, Florida
1652 Statutes, is amended to read:
1653 943.132 Implementation of federal qualified active or
1654 qualified retired law enforcement concealed firearms provisions
1655 Law Enforcement Officers Safety Act of 2004.—
1656 (1) The commission shall by rule establish the manner in
1657 which Title 18, 44 U.S.C. ss. 926B and 926C, the federal Law
1658 Enforcement Officers Safety Act of 2004, relating to the
1659 carrying of concealed firearms by qualified law enforcement
1660 officers and qualified retired law enforcement officers, as
1661 defined in the act, shall be implemented in the state. In order
1662 to facilitate the implementation within the state of Title 18,
1663 44 U.S.C. ss. 926B and 926C, the commission shall develop and
1664 authorize a uniform firearms proficiency verification card to be
1665 issued to persons who achieve a passing score on the firing
1666 range testing component as used utilized in the minimum firearms
1667 proficiency course applicable to active law enforcement
1668 officers, indicating the person’s name and the date upon which
1669 he or she achieved the passing score. Each such card shall be
1670 issued only by firearms instructors with current certifications
1671 from certified by the commission.
1672 Section 30. Paragraph (a) of subsection (6) of section
1673 943.1395, Florida Statutes, is amended to read:
1674 943.1395 Certification for employment or appointment;
1675 concurrent certification; reemployment or reappointment;
1676 inactive status; revocation; suspension; investigation.—
1677 (6) The commission shall revoke the certification of any
1678 officer who is not in compliance with the provisions of s.
1679 943.13(4) or who intentionally executes a false affidavit
1680 established in s. 943.13(8), s. 943.133(2), or s. 943.139(2).
1681 (a) The commission shall cause to be investigated any
1682 ground for revocation from the employing agency pursuant to s.
1683 943.139 or from the Governor, and the commission may cause
1684 investigate verifiable complaints to be investigated. Any
1685 investigation initiated by the commission pursuant to this
1686 section must be completed within 6 months after receipt of the
1687 completed report of the disciplinary or internal affairs
1688 investigation from the employing agency or Governor’s office. A
1689 verifiable complaint shall be completed within 1 year after
1690 receipt of the complaint. An investigation shall be considered
1691 completed upon a finding by a probable cause panel of the
1692 commission. These time periods shall be tolled during the appeal
1693 of a termination or other disciplinary action through the
1694 administrative or judicial process or during the period of any
1695 criminal prosecution of the officer.
1696 Section 31. Subsection (2), paragraph (a) of subsection
1697 (3), and subsection (6) of section 943.1755, Florida Statutes,
1698 are amended to read:
1699 943.1755 Florida Criminal Justice Executive Institute.—
1700 (2) The institute is established within the Department of
1701 Law Enforcement and affiliated with the State University System.
1702 The Board of Governors of the State University System shall, in
1703 cooperation with the Department of Law Enforcement, determine
1704 the specific placement of the institute within the system. The
1705 Department of Law Enforcement maintains responsibility for
1706 delivering and facilitating all Florida Criminal Justice
1707 Executive Institute training.
1708 (3) The institute shall cooperate with the Criminal Justice
1709 Standards and Training Commission, and shall be guided and
1710 directed by a policy board composed of the following members:
1711 (a) The following persons shall serve on the policy board:
1712 1. The executive director of the Department of Law
1713 Enforcement or a designee.
1714 2. The Secretary of Corrections or a designee.
1715 3. The Commissioner of Education or a designee an employee
1716 of the Department of Education designated by the Commissioner.
1717 4. The Secretary of Juvenile Justice or a designee.
1718 (6) Seven Six members constitute a quorum of the board.
1719 Section 32. Subsection (2) of section 943.1757, Florida
1720 Statutes, is amended to read:
1721 943.1757 Criminal justice executives; training; policy
1722 report.—
1723 (2) The policy board of the Criminal Justice Executive
1724 Institute shall identify the needs of criminal justice
1725 executives regarding issues related to diverse populations, and
1726 ensure that such needs are met through appropriate training.
1727 Beginning January 1, 1995, and every 5 years thereafter, the
1728 policy board shall provide to the appropriate substantive
1729 committees of each house a report describing executive training
1730 needs. In addition, The policy board shall prepare a biennial
1731 report to the appropriate substantive committees of each house
1732 describing how these needs are being met through training by the
1733 Criminal Justice Executive Institute.
1734 Section 33. Paragraph (a) of subsection (4) and subsection
1735 (9) of section 943.25, Florida Statutes, are amended to read:
1736 943.25 Criminal justice trust funds; source of funds; use
1737 of funds.—
1738 (4) The commission shall authorize the establishment of
1739 regional training councils to advise and assist the commission
1740 in developing and maintaining a plan assessing regional criminal
1741 justice training needs and to act as an extension of the
1742 commission in the planning, programming, and budgeting for
1743 expenditures of the moneys in the Criminal Justice Standards and
1744 Training Trust Fund.
1745 (a) The commission may shall annually forward to each
1746 regional training council a list of its specific recommended
1747 priority issues or items to be funded. Each regional training
1748 council shall consider the recommendations of the commission in
1749 relation to the needs of the region and either include the
1750 recommendations in the region’s budget plan or satisfactorily
1751 justify their exclusion.
1752 (9) Up to $250,000 per annum from the Criminal Justice
1753 Standards and Training Trust Fund may be used to develop,
1754 validate, update, and maintain test or assessment instruments,
1755 including computer-based testing, relating to selection,
1756 employment, training, or evaluation of officers, instructors, or
1757 courses. Pursuant to s. 943.12(4), (5), and (8), the commission
1758 shall adopt those test or assessment instruments which are
1759 appropriate and job-related as minimum requirements.
1760 Section 34. Subsection (14) of section 943.325, Florida
1761 Statutes, is amended to read:
1762 943.325 DNA database.—
1763 (14) RESULTS.—The results of a DNA analysis and the
1764 comparison of analytic results shall be released only to
1765 criminal justice agencies as defined in s. 943.045 943.045(10),
1766 at the request of the agency. Otherwise, such information is
1767 confidential and exempt from the provisions of s. 119.07(1) and
1768 s. 24(a), Art. I of the State Constitution.
1769 Section 35. Section 943.33, Florida Statutes, is amended to
1770 read:
1771 943.33 State-operated criminal analysis laboratories.—
1772 (1) The state-operated laboratories shall furnish
1773 laboratory service upon request to law enforcement officials in
1774 the state. The testing services of such laboratories by persons
1775 employed by or acting on behalf of the department shall also be
1776 available to any defendant in a criminal case upon showing of
1777 good cause and upon order of the court with jurisdiction in the
1778 case. When such service is to be made available to the
1779 defendant, the order shall be issued only after motion by the
1780 defendant and hearing held after notice with a copy of the
1781 motion being served upon the prosecutor and the state-operated
1782 laboratory from which the service is being sought.
1783 (2) For purposes of this section, “good cause” means a
1784 finding by the court that the laboratory testing service being
1785 sought by the defendant is anticipated to produce evidence that
1786 is relevant and material to the defense;, that the service
1787 sought is one which is reasonably within the capacity of the
1788 state-operated laboratory, and will not be unduly burdensome
1789 upon the laboratory, will not impede normal daily laboratory
1790 operations, will not negatively impact laboratory certifications
1791 or equipment calibration, and does not violate the laboratory’s
1792 national certification or accreditation standards; and that the
1793 service cannot be obtained from any qualified private or
1794 nonstate operated laboratory within the state or otherwise
1795 reasonably available to the defense.
1796 (3) This section does not authorize the presence of defense
1797 experts or others representing the defense inside a state
1798 operated laboratory facility where actual testing or analysis is
1799 occurring and does not authorize the use of state-operated
1800 laboratory equipment or facilities by defense experts or other
1801 persons not employed by or acting on the behalf of the
1802 department.
1803 (4) The court shall assess the costs of all testing,
1804 equipment operation, and personnel and any other costs directly
1805 attributable to the court-ordered testing such service ordered
1806 by the court to the defendant or the defendant’s counsel,
1807 whether public, private, or pro bono, who obtained the testing
1808 order local public defender’s office. The laboratory providing
1809 the service ordered shall include with the report of the
1810 analysis, comparison, or identification a statement of the costs
1811 of the service provided and shall provide a copy of all reports
1812 and analysis performed and cost statement being provided to the
1813 prosecutor in the case and the court.
1814 Section 36. Subsection (9) of section 943.68, Florida
1815 Statutes, is amended to read:
1816 943.68 Transportation and protective services.—
1817 (9) The department shall submit a report each August July
1818 15 to the Governor, the Legislature, and the Cabinet, detailing
1819 all transportation and protective services provided under
1820 subsections (1), (5), and (6) within the preceding fiscal year.
1821 Each report shall include a detailed accounting of the cost of
1822 such transportation and protective services, including the names
1823 of persons provided such services and the nature of state
1824 business performed.
1825 Section 37. Subsection (3) of section 285.18, Florida
1826 Statutes, is amended to read:
1827 285.18 Tribal council as governing body; powers and
1828 duties.—
1829 (3) The law enforcement agencies of the Seminole Tribe of
1830 Florida and the Miccosukee Tribe of Indians of Florida shall
1831 have the authority of “criminal justice agencies” as defined in
1832 s. 945.045(11)(e) 943.045(10)(e) and shall have the specific
1833 authority to negotiate agreements with the Florida Department of
1834 Law Enforcement, the United States Department of Justice, and
1835 other federal law enforcement agencies for access to criminal
1836 history records for the purpose of conducting ongoing criminal
1837 investigations and for the following governmental purposes:
1838 (a) Background investigations, which are required for
1839 employment by a tribal education program, tribal Head Start
1840 program, or tribal day care program as may be required by state
1841 or federal law.
1842 (b) Background investigations, which are required for
1843 employment by tribal law enforcement agencies.
1844 (c) Background investigations, which are required for
1845 employment by a tribal government.
1846 (d) Background investigations with respect to all
1847 employees, primary management officials, and all persons having
1848 a financial interest in a class II Indian tribal gaming
1849 enterprise to ensure eligibility as provided in the Indian
1850 Gaming Regulatory Act, 25 U.S.C. ss. 2701 et al.
1851
1852 With regard to those investigations authorized in paragraphs
1853 (a), (c), and (d), each such individual shall file a complete
1854 set of his or her fingerprints that have been taken by an
1855 authorized law enforcement officer, which set of fingerprints
1856 shall be submitted to the Department of Law Enforcement for
1857 state processing and to the Federal Bureau of Investigation for
1858 federal processing. The cost of processing shall be borne by the
1859 applicant.
1860 Section 38. Paragraph (b) of subsection (2) of section
1861 414.40, Florida Statutes, is amended to read:
1862 414.40 Stop Inmate Fraud Program established; guidelines.—
1863 (2) The Department of Financial Services is directed to
1864 implement the Stop Inmate Fraud Program in accordance with the
1865 following guidelines:
1866 (b) Pursuant to these procedures, the program shall have
1867 access to records containing correctional information not exempt
1868 from the public records law on incarcerated persons which have
1869 been generated as criminal justice information. As used in this
1870 paragraph, the terms term “record” is defined as provided in s.
1871 943.045(7), and the term “criminal justice information” have the
1872 same meanings is defined as provided in s. 943.045 943.045(3).
1873 Section 39. Section 447.045, Florida Statutes, is amended
1874 to read:
1875 447.045 Information confidential.—Neither the department
1876 nor any investigator or employee of the department shall divulge
1877 in any manner the information obtained pursuant to the
1878 processing of applicant fingerprints fingerprint cards, and such
1879 information is confidential and exempt from the provisions of s.
1880 119.07(1).
1881 Section 40. Subsection (10) of section 455.213, Florida
1882 Statutes, is amended to read:
1883 455.213 General licensing provisions.—
1884 (10) For any profession requiring fingerprints as part of
1885 the registration, certification, or licensure process or for any
1886 profession requiring a criminal history record check to
1887 determine good moral character, a fingerprint card containing
1888 the fingerprints of the applicant must accompany all
1889 applications for registration, certification, or licensure. The
1890 fingerprints fingerprint card shall be forwarded to the Division
1891 of Criminal Justice Information Systems within the Department of
1892 Law Enforcement for purposes of processing the fingerprint card
1893 to determine whether if the applicant has a criminal history
1894 record. The fingerprints fingerprint card shall also be
1895 forwarded to the Federal Bureau of Investigation for purposes of
1896 processing the fingerprint card to determine whether if the
1897 applicant has a criminal history record. The information
1898 obtained by the processing of the fingerprints fingerprint card
1899 by the Florida Department of Law Enforcement and the Federal
1900 Bureau of Investigation shall be sent to the department to
1901 determine whether for the purpose of determining if the
1902 applicant is statutorily qualified for registration,
1903 certification, or licensure.
1904 Section 41. Paragraph (d) of subsection (2) of section
1905 468.453, Florida Statutes, is amended to read:
1906 468.453 Licensure required; qualifications; license
1907 nontransferable; service of process; temporary license; license
1908 or application from another state.—
1909 (2) A person shall be licensed as an athlete agent if the
1910 applicant:
1911 (d) Has submitted to the department fingerprints a
1912 fingerprint card for a criminal history records check. The
1913 fingerprints fingerprint card shall be forwarded to the Division
1914 of Criminal Justice Information Systems within the Department of
1915 Law Enforcement for purposes of processing the fingerprint card
1916 to determine whether if the applicant has a criminal history
1917 record. The fingerprints fingerprint card shall also be
1918 forwarded to the Federal Bureau of Investigation for purposes of
1919 processing the fingerprint card to determine whether if the
1920 applicant has a criminal history record. The information
1921 obtained by the processing of the fingerprints fingerprint card
1922 by the Florida Department of Law Enforcement and the Federal
1923 Bureau of Investigation shall be sent to the department to
1924 determine whether for the purpose of determining if the
1925 applicant is statutorily qualified for licensure.
1926 Section 42. Subsection (3) of section 475.615, Florida
1927 Statutes, is amended to read:
1928 475.615 Qualifications for registration or certification.—
1929 (3) Appropriate fees, as set forth in the rules of the
1930 board pursuant to s. 475.6147, and a set of fingerprints
1931 fingerprint card must accompany all applications for
1932 registration or certification. The fingerprints fingerprint card
1933 shall be forwarded to the Division of Criminal Justice
1934 Information Systems within the Department of Law Enforcement for
1935 purposes of processing the fingerprint card to determine whether
1936 if the applicant has a criminal history record. The fingerprints
1937 fingerprint card shall also be forwarded to the Federal Bureau
1938 of Investigation for purposes of processing the fingerprint card
1939 to determine whether if the applicant has a criminal history
1940 record. The information obtained by the processing of the
1941 fingerprints fingerprint card by the Department of Law
1942 Enforcement and the Federal Bureau of Investigation shall be
1943 sent to the department to determine whether for the purpose of
1944 determining if the applicant is statutorily qualified for
1945 registration or certification. Effective July 1, 2006, an
1946 applicant must provide fingerprints in electronic format.
1947 Section 43. Paragraph (j) of subsection (3) of section
1948 493.6105, Florida Statutes, is amended to read:
1949 493.6105 Initial application for license.—
1950 (3) The application must contain the following information
1951 concerning the individual signing the application:
1952 (j) A full set of fingerprints on a card provided by the
1953 department and a fingerprint fee to be established by rule of
1954 the department based upon costs determined by state and federal
1955 agency charges and department processing costs. An applicant who
1956 has, within the immediately preceding 6 months, submitted such
1957 fingerprints a fingerprint card and fee for licensing purposes
1958 under this chapter is not required to submit another set of
1959 fingerprints fingerprint card or fee.
1960 Section 44. Paragraph (a) of subsection (1) of section
1961 493.6108, Florida Statutes, is amended to read:
1962 493.6108 Investigation of applicants by Department of
1963 Agriculture and Consumer Services.—
1964 (1) Except as otherwise provided, the department must
1965 investigate an applicant for a license under this chapter before
1966 it may issue the license. The investigation must include:
1967 (a)1. An examination of fingerprint records and police
1968 records. If a criminal history record check of any applicant
1969 under this chapter is performed by means of fingerprint card
1970 identification, the time limitations prescribed by s. 120.60(1)
1971 shall be tolled during the time the applicant’s fingerprints are
1972 fingerprint card is under review by the Department of Law
1973 Enforcement or the United States Department of Justice, Federal
1974 Bureau of Investigation.
1975 2. If a legible set of fingerprints, as determined by the
1976 Department of Law Enforcement or the Federal Bureau of
1977 Investigation, cannot be obtained after two attempts, the
1978 Department of Agriculture and Consumer Services may determine
1979 the applicant’s eligibility based upon a criminal history record
1980 check under the applicant’s name conducted by the Department of
1981 Law Enforcement if the fingerprints are taken by a law
1982 enforcement agency or the department and the applicant submits a
1983 written statement signed by the fingerprint technician or a
1984 licensed physician stating that there is a physical condition
1985 that precludes obtaining a legible set of fingerprints or that
1986 the fingerprints taken are the best that can be obtained.
1987 Section 45. Paragraph (f) of subsection (2) of section
1988 494.00312, Florida Statutes, is amended to read:
1989 494.00312 Loan originator license.—
1990 (2) In order to apply for a loan originator license, an
1991 applicant must:
1992 (f) Submit fingerprints in accordance with rules adopted by
1993 the commission:
1994 1. The fingerprints may be submitted to the registry, the
1995 office, or a vendor acting on behalf of the registry or the
1996 office.
1997 2. The office may contract with a third-party vendor to
1998 provide live-scan fingerprinting in lieu of a paper fingerprint
1999 card.
2000 3. A state criminal history background check must be
2001 conducted through the Department of Law Enforcement, and a
2002 federal criminal history background check must be conducted
2003 through the Federal Bureau of Investigation.
2004 4. All fingerprints submitted to the Department of Law
2005 Enforcement must be submitted electronically and entered into
2006 the statewide automated biometric fingerprint identification
2007 system established in s. 943.05(2)(b) and available for use in
2008 accordance with s. 943.05(2)(g) and (h). The office shall pay an
2009 annual fee to the department to participate in the system and
2010 inform the department of any person whose fingerprints are no
2011 longer required to be retained.
2012 5. The costs of fingerprint processing, including the cost
2013 of retaining the fingerprints, shall be borne by the person
2014 subject to the background check.
2015 6. The office is responsible for reviewing the results of
2016 the state and federal criminal history checks and determining
2017 whether the applicant meets licensure requirements.
2018 Section 46. Paragraph (d) of subsection (2) of section
2019 494.00321, Florida Statutes, is amended to read:
2020 494.00321 Mortgage broker license.—
2021 (2) In order to apply for a mortgage broker license, an
2022 applicant must:
2023 (d) Submit fingerprints for each of the applicant’s control
2024 persons in accordance with rules adopted by the commission:
2025 1. The fingerprints may be submitted to the registry, the
2026 office, or a vendor acting on behalf of the registry or the
2027 office.
2028 2. The office may contract with a third-party vendor to
2029 provide live-scan fingerprinting in lieu of a paper fingerprint
2030 card.
2031 3. A state criminal history background check must be
2032 conducted through the Department of Law Enforcement, and a
2033 federal criminal history background check must be conducted
2034 through the Federal Bureau of Investigation.
2035 4. All fingerprints submitted to the Department of Law
2036 Enforcement must be submitted electronically and entered into
2037 the statewide automated biometric fingerprint identification
2038 system established in s. 943.05(2)(b) and available for use in
2039 accordance with s. 943.05(2)(g) and (h). The office shall pay an
2040 annual fee to the department to participate in the system and
2041 inform the department of any person whose fingerprints are no
2042 longer required to be retained.
2043 5. The costs of fingerprint processing, including the cost
2044 of retaining the fingerprints, shall be borne by the person
2045 subject to the background check.
2046 6. The office is responsible for reviewing the results of
2047 the state and federal criminal history checks and determining
2048 whether the applicant meets licensure requirements.
2049 Section 47. Paragraph (d) of subsection (2) of section
2050 494.00611, Florida Statutes, is amended to read:
2051 494.00611 Mortgage lender license.—
2052 (2) In order to apply for a mortgage lender license, an
2053 applicant must:
2054 (d) Submit fingerprints for each of the applicant’s control
2055 persons in accordance with rules adopted by the commission:
2056 1. The fingerprints may be submitted to the registry, the
2057 office, or a vendor acting on behalf of the registry or the
2058 office.
2059 2. The office may contract with a third-party vendor to
2060 provide live-scan fingerprinting in lieu of a paper fingerprint
2061 card.
2062 3. A state criminal history background check must be
2063 conducted through the Department of Law Enforcement, and a
2064 federal criminal history background check must be conducted
2065 through the Federal Bureau of Investigation.
2066 4. All fingerprints submitted to the Department of Law
2067 Enforcement must be submitted electronically and entered into
2068 the statewide automated biometric fingerprint identification
2069 system established in s. 943.05(2)(b) and available for use in
2070 accordance with s. 943.05(2)(g) and (h). The office shall pay an
2071 annual fee to the department to participate in the system and
2072 inform the department of any person whose fingerprints are no
2073 longer required to be retained.
2074 5. The costs of fingerprint processing, including the cost
2075 of retaining the fingerprints, shall be borne by the person
2076 subject to the background check.
2077 6. The office is responsible for reviewing the results of
2078 the state and federal criminal history checks and determining
2079 whether the applicant meets licensure requirements.
2080 Section 48. Subsections (7) and (10) of section 517.12,
2081 Florida Statutes, are amended to read:
2082 517.12 Registration of dealers, associated persons,
2083 investment advisers, and branch offices.—
2084 (7) The application shall also contain such information as
2085 the commission or office may require about the applicant; any
2086 member, principal, or director of the applicant or any person
2087 having a similar status or performing similar functions; any
2088 person directly or indirectly controlling the applicant; or any
2089 employee of a dealer or of an investment adviser rendering
2090 investment advisory services. Each applicant and any direct
2091 owners, principals, or indirect owners that are required to be
2092 reported on Form BD or Form ADV pursuant to subsection (15)
2093 shall file a complete set of fingerprints. Fingerprints A
2094 fingerprint card submitted to the office must be taken by an
2095 authorized law enforcement agency or in a manner approved by the
2096 commission by rule. The office shall submit the fingerprints to
2097 the Department of Law Enforcement for state processing, and the
2098 Department of Law Enforcement shall forward the fingerprints to
2099 the Federal Bureau of Investigation for federal processing. The
2100 cost of the fingerprint processing may be borne by the office,
2101 the employer, or the person subject to the background check. The
2102 Department of Law Enforcement shall submit an invoice to the
2103 office for the fingerprints received each month. The office
2104 shall screen the background results to determine whether if the
2105 applicant meets licensure requirements. The commission may
2106 waive, by rule, the requirement that applicants, including any
2107 direct owners, principals, or indirect owners that are required
2108 to be reported on Form BD or Form ADV pursuant to subsection
2109 (15), file a set of fingerprints or the requirement that such
2110 fingerprints be processed by the Department of Law Enforcement
2111 or the Federal Bureau of Investigation. The commission or office
2112 may require information about any such applicant or person
2113 concerning such matters as:
2114 (a) His or her full name, and any other names by which he
2115 or she may have been known, and his or her age, social security
2116 number, photograph, qualifications, and educational and business
2117 history.
2118 (b) Any injunction or administrative order by a state or
2119 federal agency, national securities exchange, or national
2120 securities association involving a security or any aspect of the
2121 securities business and any injunction or administrative order
2122 by a state or federal agency regulating banking, insurance,
2123 finance, or small loan companies, real estate, mortgage brokers,
2124 or other related or similar industries, which injunctions or
2125 administrative orders relate to such person.
2126 (c) His or her conviction of, or plea of nolo contendere
2127 to, a criminal offense or his or her commission of any acts
2128 which would be grounds for refusal of an application under s.
2129 517.161.
2130 (d) The names and addresses of other persons of whom the
2131 office may inquire as to his or her character, reputation, and
2132 financial responsibility.
2133 (10) An applicant for registration shall pay an assessment
2134 fee of $200, in the case of a dealer or investment adviser, or
2135 $50, in the case of an associated person. An associated person
2136 may be assessed an additional fee to cover the cost for the
2137 fingerprints fingerprint cards to be processed by the office.
2138 Such fee shall be determined by rule of the commission. Each
2139 dealer and each investment adviser shall pay an assessment fee
2140 of $100 for each office in this state. Such fees become the
2141 revenue of the state, except for those assessments provided for
2142 under s. 517.131(1) until such time as the Securities Guaranty
2143 Fund satisfies the statutory limits, and are not returnable in
2144 the event that registration is withdrawn or not granted.
2145 Section 49. Subsection (2) of section 538.09, Florida
2146 Statutes, is amended to read:
2147 538.09 Registration.—
2148 (2) The secondhand dealer shall furnish with her or his
2149 registration a complete set of her or his fingerprints,
2150 certified by an authorized law enforcement officer, and a recent
2151 fullface photographic identification card of herself or himself.
2152 The Department of Law Enforcement shall report its findings to
2153 the Department of Revenue within 30 days after the date the
2154 fingerprints fingerprint cards are submitted for criminal
2155 justice information.
2156 Section 50. Paragraph (b) of subsection (1) of section
2157 538.25, Florida Statutes, is amended to read:
2158 538.25 Registration.—
2159 (1) A person may not engage in business as a secondary
2160 metals recycler at any location without registering with the
2161 department. The department shall accept applications only from a
2162 fixed business address. The department may not accept an
2163 application that provides an address of a hotel room or motel
2164 room, a vehicle, or a post office box.
2165 (b) The department shall forward the full set of
2166 fingerprints to the Department of Law Enforcement for state and
2167 federal processing, provided the federal service is available,
2168 to be processed for any criminal justice information as defined
2169 in s. 943.045. The cost of processing such fingerprints shall be
2170 payable to the Department of Law Enforcement by the department.
2171 The department may issue a temporary registration to each
2172 location pending completion of the background check by state and
2173 federal law enforcement agencies, but shall revoke such
2174 temporary registration if the completed background check reveals
2175 a prohibited criminal background. The Department of Law
2176 Enforcement shall report its findings to the Department of
2177 Revenue within 30 days after the date the fingerprints
2178 fingerprint cards are submitted for criminal justice
2179 information.
2180 Section 51. Subsection (2) of section 548.024, Florida
2181 Statutes, is amended to read:
2182 548.024 Background investigation of applicants for
2183 licensure.—
2184 (2) If the commission requires a background criminal
2185 history investigation of any applicant, it shall require the
2186 applicant to submit to the department fingerprints a fingerprint
2187 card for this purpose. The fingerprints fingerprint card shall
2188 be forwarded to the Division of Criminal Justice Information
2189 Systems within the Department of Law Enforcement and the Federal
2190 Bureau of Investigation for purposes of processing the
2191 fingerprint card to determine whether if the applicant has a
2192 criminal history record. The information obtained by the
2193 processing of the fingerprints fingerprint card by the
2194 Department of Law Enforcement and the Federal Bureau of
2195 Investigation shall be sent to the department to determine
2196 whether for the purpose of determining if the applicant is
2197 statutorily qualified for licensure.
2198 Section 52. Paragraphs (b) and (c) of subsection (10) of
2199 section 550.105, Florida Statutes, are amended to read:
2200 550.105 Occupational licenses of racetrack employees; fees;
2201 denial, suspension, and revocation of license; penalties and
2202 fines.—
2203 (10)
2204 (b) All fingerprints required by this section that are
2205 submitted to the Department of Law Enforcement shall be retained
2206 by the Department of Law Enforcement and entered into the
2207 statewide automated biometric fingerprint identification system
2208 as authorized by s. 943.05(2)(b) and shall be available for all
2209 purposes and uses authorized for arrest fingerprints fingerprint
2210 cards entered into the statewide automated biometric fingerprint
2211 identification system pursuant to s. 943.051.
2212 (c) The Department of Law Enforcement shall search all
2213 arrest fingerprints received pursuant to s. 943.051 against the
2214 fingerprints retained in the statewide automated biometric
2215 fingerprint identification system under paragraph (b). Any
2216 arrest record that is identified with the retained fingerprints
2217 of a person subject to the criminal history screening
2218 requirements of this section shall be reported to the division.
2219 Each licensee shall pay a fee to the division for the cost of
2220 retention of the fingerprints and the ongoing searches under
2221 this paragraph. The division shall forward the payment to the
2222 Department of Law Enforcement. The amount of the fee to be
2223 imposed for performing these searches and the procedures for the
2224 retention of licensee fingerprints shall be as established by
2225 rule of the Department of Law Enforcement. The division shall
2226 inform the Department of Law Enforcement of any change in the
2227 license status of licensees whose fingerprints are retained
2228 under paragraph (b).
2229 Section 53. Subsection (2) of section 550.908, Florida
2230 Statutes, is amended to read:
2231 550.908 Powers and duties of compact committee.—In order to
2232 carry out the purposes of this compact, the compact committee
2233 has the power and duty to:
2234 (2) Investigate applicants for licensure by the compact
2235 committee and, as permitted by federal and state law, gather
2236 information on such applicants, including criminal history
2237 record information from the Federal Bureau of Investigation and
2238 relevant state and local law enforcement agencies, and, where
2239 appropriate, from the Royal Canadian Mounted Police and law
2240 enforcement agencies of other countries, which is necessary to
2241 determine whether a license should be issued under the licensure
2242 requirements established by the committee under subsection (1).
2243 The fingerprints of each applicant for licensure by the compact
2244 committee shall be taken by the compact committee, its
2245 employees, or its designee, and, pursuant to Pub. L. No. 92-544
2246 or Pub. L. No. 100-413, shall be forwarded to a state
2247 identification bureau or to the Association of Racing
2248 Commissioners International, Inc., for submission to the Federal
2249 Bureau of Investigation for a criminal history record check.
2250 Such fingerprints may be submitted on a fingerprint card or by
2251 electronic or other means authorized by the Federal Bureau of
2252 Investigation or other receiving law enforcement agency.
2253 Section 54. Paragraphs (c) and (d) of subsection (7) of
2254 section 551.107, Florida Statutes, are amended to read:
2255 551.107 Slot machine occupational license; findings;
2256 application; fee.—
2257 (7) Fingerprints for all slot machine occupational license
2258 applications shall be taken in a manner approved by the division
2259 and shall be submitted electronically to the Department of Law
2260 Enforcement for state processing and the Federal Bureau of
2261 Investigation for national processing for a criminal history
2262 record check. All persons as specified in s. 550.1815(1)(a)
2263 employed by or working within a licensed premises shall submit
2264 fingerprints for a criminal history record check and may not
2265 have been convicted of any disqualifying criminal offenses
2266 specified in subsection (6). Division employees and law
2267 enforcement officers assigned by their employing agencies to
2268 work within the premises as part of their official duties are
2269 excluded from the criminal history record check requirements
2270 under this subsection. For purposes of this subsection, the term
2271 “convicted” means having been found guilty, with or without
2272 adjudication of guilt, as a result of a jury verdict, nonjury
2273 trial, or entry of a plea of guilty or nolo contendere.
2274 (c) All fingerprints submitted to the Department of Law
2275 Enforcement and required by this section shall be retained by
2276 the Department of Law Enforcement and entered into the statewide
2277 automated biometric fingerprint identification system as
2278 authorized by s. 943.05(2)(b) and shall be available for all
2279 purposes and uses authorized for arrest fingerprints fingerprint
2280 cards entered into the statewide automated biometric fingerprint
2281 identification system pursuant to s. 943.051.
2282 (d) The Department of Law Enforcement shall search all
2283 arrest fingerprints received pursuant to s. 943.051 against the
2284 fingerprints retained in the statewide automated biometric
2285 fingerprint identification system under paragraph (c). Any
2286 arrest record that is identified with the retained fingerprints
2287 of a person subject to the criminal history screening
2288 requirements of this section shall be reported to the division.
2289 Each licensed facility shall pay a fee to the division for the
2290 cost of retention of the fingerprints and the ongoing searches
2291 under this paragraph. The division shall forward the payment to
2292 the Department of Law Enforcement. The amount of the fee to be
2293 imposed for performing these searches and the procedures for the
2294 retention of licensee fingerprints shall be as established by
2295 rule of the Department of Law Enforcement. The division shall
2296 inform the Department of Law Enforcement of any change in the
2297 license status of licensees whose fingerprints are retained
2298 under paragraph (c).
2299 Section 55. Paragraph (b) of subsection (1) of section
2300 560.141, Florida Statutes, is amended to read:
2301 560.141 License application.—
2302 (1) To apply for a license as a money services business
2303 under this chapter the applicant must:
2304 (b) In addition to the application form, submit:
2305 1. A nonrefundable application fee as provided in s.
2306 560.143.
2307 2. A set of fingerprints fingerprint card for each of the
2308 persons listed in subparagraph (a)3. unless the applicant is a
2309 publicly traded corporation, or is exempted from this chapter
2310 under s. 560.104(1). The fingerprints must be taken by an
2311 authorized law enforcement agency. The office shall submit the
2312 fingerprints to the Department of Law Enforcement for state
2313 processing, and the Department of Law Enforcement shall forward
2314 the fingerprints to the Federal Bureau of Investigation for
2315 federal processing. The cost of the fingerprint processing may
2316 be borne by the office, the employer, or the person subject to
2317 the criminal records background check. The office shall screen
2318 the background results to determine whether if the applicant
2319 meets licensure requirements. As used in this section, the term
2320 “publicly traded” means a stock is currently traded on a
2321 national securities exchange registered with the federal
2322 Securities and Exchange Commission or traded on an exchange in a
2323 country other than the United States regulated by a regulator
2324 equivalent to the Securities and Exchange Commission and the
2325 disclosure and reporting requirements of such regulator are
2326 substantially similar to those of the commission.
2327 3. A copy of the applicant’s written anti-money laundering
2328 program required under 31 C.F.R. s. 103.125.
2329 4. Within the time allotted by rule, any information needed
2330 to resolve any deficiencies found in the application.
2331 Section 56. Subsection (1) of section 628.906, Florida
2332 Statutes, is amended to read:
2333 628.906 Application requirements; restrictions on
2334 eligibility of officers and directors.—
2335 (1) To evidence competence and trustworthiness of its
2336 officers and directors, the application for a license to act as
2337 a captive insurance company or captive reinsurance company shall
2338 include, but not be limited to, background investigations,
2339 biographical affidavits, and fingerprints fingerprint cards for
2340 all officers and directors. Fingerprints must be taken by a law
2341 enforcement agency or other entity approved by the office, be
2342 accompanied by the fingerprint processing fee specified in s.
2343 624.501, and processed in accordance with s. 624.34.
2344 Section 57. Subsection (3) of section 633.34, Florida
2345 Statutes, is amended to read:
2346 633.34 Firefighters; qualifications for employment.—Any
2347 person applying for employment as a firefighter must:
2348 (3) Submit a set of fingerprints fingerprint card to the
2349 division with a current processing fee. The fingerprints
2350 fingerprint card will be forwarded to the Department of Law
2351 Enforcement and/or the Federal Bureau of Investigation.
2352 Section 58. Subsections (2) and (3) and paragraphs (b) and
2353 (c) of subsection (4) of section 744.3135, Florida Statutes, are
2354 amended to read:
2355 744.3135 Credit and criminal investigation.—
2356 (2) For nonprofessional guardians, the court shall accept
2357 the satisfactory completion of a criminal history record check
2358 as described in this subsection. A nonprofessional guardian
2359 satisfies the requirements of this section by undergoing a state
2360 and national criminal history record check using fingerprints a
2361 fingerprint card. The clerk of the court shall obtain
2362 fingerprint cards from the Federal Bureau of Investigation and
2363 make them available to nonprofessional guardians. Any
2364 nonprofessional guardian who is so required shall have his or
2365 her fingerprints taken and forward them the completed
2366 fingerprint card along with the necessary fee to the Department
2367 of Law Enforcement for processing. The results of the
2368 fingerprint card criminal history record check shall be
2369 forwarded to the clerk of the court, who shall maintain the
2370 results in the nonprofessional guardian’s file and make the
2371 results available to the court.
2372 (3) For professional guardians, the court and the Statewide
2373 Public Guardianship Office shall accept the satisfactory
2374 completion of a criminal history record check by any method
2375 described in this subsection. A professional guardian satisfies
2376 the requirements of this section by undergoing:
2377 (a) an electronic fingerprint criminal history record
2378 check. A professional guardian may use any electronic
2379 fingerprinting equipment used for criminal history record
2380 checks. The Statewide Public Guardianship Office shall adopt a
2381 rule detailing the acceptable methods for completing an
2382 electronic fingerprint criminal history record check under this
2383 section. The professional guardian shall pay the actual costs
2384 incurred by the Federal Bureau of Investigation and the
2385 Department of Law Enforcement for the criminal history record
2386 check. The entity completing the record check must immediately
2387 send the results of the criminal history record check to the
2388 clerk of the court and the Statewide Public Guardianship Office.
2389 The clerk of the court shall maintain the results in the
2390 professional guardian’s file and shall make the results
2391 available to the court; or
2392 (b) A criminal history record check using a fingerprint
2393 card. The clerk of the court shall obtain fingerprint cards from
2394 the Federal Bureau of Investigation and make them available to
2395 guardians. Any guardian who is so required shall have his or her
2396 fingerprints taken and forward the proper fingerprint card along
2397 with the necessary fee to the Department of Law Enforcement for
2398 processing. The results of the fingerprint card criminal history
2399 record checks shall be forwarded to the clerk of the court, who
2400 shall maintain the results in the guardian’s file and make the
2401 results available to the court and the Statewide Public
2402 Guardianship Office.
2403 (4)
2404 (b) All fingerprints electronically submitted to the
2405 Department of Law Enforcement under this section shall be
2406 retained by the Department of Law Enforcement in a manner
2407 provided by rule and entered in the statewide automated
2408 biometric fingerprint identification system authorized by s.
2409 943.05(2)(b). The fingerprints shall thereafter be available for
2410 all purposes and uses authorized for arrest fingerprints
2411 fingerprint cards entered in the Criminal Justice Information
2412 Program under s. 943.051.
2413 (c) The Department of Law Enforcement shall search all
2414 arrest fingerprints fingerprint cards received under s. 943.051
2415 against the fingerprints retained in the statewide automated
2416 biometric fingerprint identification system under paragraph (b).
2417 Any arrest record that is identified with the fingerprints of a
2418 person described in this paragraph must be reported to the clerk
2419 of court. The clerk of court must forward any arrest record
2420 received for a professional guardian to the Statewide Public
2421 Guardianship Office within 5 days. Each professional guardian
2422 who elects to submit fingerprint information electronically
2423 shall participate in this search process by paying an annual fee
2424 to the Statewide Public Guardianship Office of the Department of
2425 Elderly Affairs and by informing the clerk of court and the
2426 Statewide Public Guardianship Office of any change in the status
2427 of his or her guardianship appointment. The amount of the annual
2428 fee to be imposed for performing these searches and the
2429 procedures for the retention of professional guardian
2430 fingerprints and the dissemination of search results shall be
2431 established by rule of the Department of Law Enforcement. At
2432 least once every 5 years, the Statewide Public Guardianship
2433 Office must request that the Department of Law Enforcement
2434 forward the fingerprints maintained under this section to the
2435 Federal Bureau of Investigation.
2436 Section 59. Paragraph (b) of subsection (5) of section
2437 775.21, Florida Statutes, is amended to read:
2438 775.21 The Florida Sexual Predators Act.—
2439 (5) SEXUAL PREDATOR DESIGNATION.—An offender is designated
2440 as a sexual predator as follows:
2441 (b) If a sexual predator is not sentenced to a term of
2442 imprisonment, the clerk of the court shall ensure that the
2443 sexual predator’s fingerprints are taken and forwarded to the
2444 department within 48 hours after the court renders its written
2445 sexual predator finding. The fingerprints fingerprint card shall
2446 be clearly marked, “Sexual Predator Registration Card.” The
2447 clerk of the court that convicts and sentences the sexual
2448 predator for the offense or offenses described in subsection (4)
2449 shall forward to the department and to the Department of
2450 Corrections a certified copy of any order entered by the court
2451 imposing any special condition or restriction on the sexual
2452 predator that which restricts or prohibits access to the victim,
2453 if the victim is a minor, or to other minors.
2454 Section 60. Paragraph (d) of subsection (3) of section
2455 775.261, Florida Statutes, is amended to read:
2456 775.261 The Florida Career Offender Registration Act.—
2457 (3) CRITERIA FOR REGISTRATION AS A CAREER OFFENDER.—
2458 (d) If a career offender is not sentenced to a term of
2459 imprisonment, the clerk of the court shall ensure that the
2460 career offender’s fingerprints are taken and forwarded to the
2461 department within 48 hours after the court renders its finding
2462 that an offender is a career offender. The fingerprints
2463 fingerprint card shall be clearly marked, “Career Offender
2464 Registration Card.”
2465 Section 61. Paragraph (a) of subsection (11) of section
2466 790.06, Florida Statutes, is amended to read:
2467 790.06 License to carry concealed weapon or firearm.—
2468 (11)(a) No less than 90 days before the expiration date of
2469 the license, the Department of Agriculture and Consumer Services
2470 shall mail to each licensee a written notice of the expiration
2471 and a renewal form prescribed by the Department of Agriculture
2472 and Consumer Services. The licensee must renew his or her
2473 license on or before the expiration date by filing with the
2474 Department of Agriculture and Consumer Services the renewal form
2475 containing a notarized affidavit stating that the licensee
2476 remains qualified pursuant to the criteria specified in
2477 subsections (2) and (3), a color photograph as specified in
2478 paragraph (5)(e), and the required renewal fee. Out-of-state
2479 residents must also submit a complete set of fingerprints
2480 completed fingerprint card and fingerprint processing fee. The
2481 license shall be renewed upon receipt of the completed renewal
2482 form, color photograph, appropriate payment of fees, and, if
2483 applicable, fingerprints a completed fingerprint card.
2484 Additionally, a licensee who fails to file a renewal application
2485 on or before its expiration date must renew his or her license
2486 by paying a late fee of $15. A license may not be renewed 180
2487 days or more after its expiration date, and such a license is
2488 deemed to be permanently expired. A person whose license has
2489 been permanently expired may reapply for licensure; however, an
2490 application for licensure and fees under subsection (5) must be
2491 submitted, and a background investigation shall be conducted
2492 pursuant to this section. A person who knowingly files false
2493 information under this subsection is subject to criminal
2494 prosecution under s. 837.06.
2495 Section 62. Subsection (3) of section 944.607, Florida
2496 Statutes, is amended to read:
2497 944.607 Notification to Department of Law Enforcement of
2498 information on sexual offenders.—
2499 (3) If a sexual offender is not sentenced to a term of
2500 imprisonment, the clerk of the court shall ensure that the
2501 sexual offender’s fingerprints are taken and forwarded to the
2502 Department of Law Enforcement within 48 hours after the court
2503 sentences the offender. The fingerprints fingerprint card shall
2504 be clearly marked “Sexual Offender Registration Card.”
2505 Section 63. Subsection (2) of section 944.608, Florida
2506 Statutes, is amended to read:
2507 944.608 Notification to Department of Law Enforcement of
2508 information on career offenders.—
2509 (2) If a career offender is not sentenced to a term of
2510 imprisonment, the clerk of the court shall ensure that the
2511 career offender’s fingerprints are taken and forwarded to the
2512 Department of Law Enforcement within 48 hours after the court
2513 sentences the career offender. The fingerprints fingerprint card
2514 shall be clearly marked “Career Offender Registration Card.”
2515 Section 64. Paragraph (b) of subsection (1) of section
2516 985.11, Florida Statutes, is amended to read:
2517 985.11 Fingerprinting and photographing.—
2518 (1)
2519 (b) A child who is charged with or found to have committed
2520 one of the following offenses shall be fingerprinted, and the
2521 fingerprints shall be submitted to the Department of Law
2522 Enforcement as provided in s. 943.051(3)(b):
2523 1. Assault, as defined in s. 784.011.
2524 2. Battery, as defined in s. 784.03.
2525 3. Carrying a concealed weapon, as defined in s. 790.01(1).
2526 4. Unlawful use of destructive devices or bombs, as defined
2527 in s. 790.1615(1).
2528 5. Neglect Negligent treatment of a child children, as
2529 defined in s. 827.03(1)(e) former s. 827.05.
2530 6. Assault on a law enforcement officer, a firefighter, or
2531 other specified officers, as defined in s. 784.07(2)(a).
2532 7. Open carrying of a weapon, as defined in s. 790.053.
2533 8. Exposure of sexual organs, as defined in s. 800.03.
2534 9. Unlawful possession of a firearm, as defined in s.
2535 790.22(5).
2536 10. Petit theft, as defined in s. 812.014.
2537 11. Cruelty to animals, as defined in s. 828.12(1).
2538 12. Arson, resulting in bodily harm to a firefighter, as
2539 defined in s. 806.031(1).
2540 13. Unlawful possession or discharge of a weapon or firearm
2541 at a school-sponsored event or on school property as defined in
2542 s. 790.115.
2543
2544 A law enforcement agency may fingerprint and photograph a child
2545 taken into custody upon probable cause that such child has
2546 committed any other violation of law, as the agency deems
2547 appropriate. Such fingerprint records and photographs shall be
2548 retained by the law enforcement agency in a separate file, and
2549 these records and all copies thereof must be marked “Juvenile
2550 Confidential.” These records are not available for public
2551 disclosure and inspection under s. 119.07(1) except as provided
2552 in ss. 943.053 and 985.04(2), but shall be available to other
2553 law enforcement agencies, criminal justice agencies, state
2554 attorneys, the courts, the child, the parents or legal
2555 custodians of the child, their attorneys, and any other person
2556 authorized by the court to have access to such records. In
2557 addition, such records may be submitted to the Department of Law
2558 Enforcement for inclusion in the state criminal history records
2559 and used by criminal justice agencies for criminal justice
2560 purposes. These records may, in the discretion of the court, be
2561 open to inspection by anyone upon a showing of cause. The
2562 fingerprint and photograph records shall be produced in the
2563 court whenever directed by the court. Any photograph taken
2564 pursuant to this section may be shown by a law enforcement
2565 officer to any victim or witness of a crime for the purpose of
2566 identifying the person who committed such crime.
2567 Section 65. Paragraphs (c) and (e) of subsection (3) of
2568 section 985.644, Florida Statutes, are amended to read:
2569 985.644 Departmental contracting powers; personnel
2570 standards and screening.—
2571 (3)
2572 (c) All fingerprint information electronically submitted to
2573 the Department of Law Enforcement under paragraph (b) shall be
2574 retained by the Department of Law Enforcement and entered into
2575 the statewide automated biometric fingerprint identification
2576 system authorized by s. 943.05(2)(b). Thereafter, such
2577 fingerprint information shall be available for all purposes and
2578 uses authorized for arrest fingerprint information entered into
2579 the statewide automated biometric fingerprint identification
2580 system pursuant to s. 943.051 until the fingerprint information
2581 is removed pursuant to paragraph (e). The Department of Law
2582 Enforcement shall search all arrest fingerprint information
2583 received pursuant to s. 943.051 against the fingerprint
2584 information entered into the statewide automated biometric
2585 identification fingerprint system pursuant to this subsection.
2586 Any arrest records identified as a result of the search shall be
2587 reported to the department in the manner and timeframe
2588 established by the Department of Law Enforcement by rule.
2589 (e) The department shall notify the Department of Law
2590 Enforcement when a person whose fingerprint information is
2591 retained by the Department of Law Enforcement under this
2592 subsection is no longer employed by the department, or by a
2593 provider under contract with the department, in a delinquency
2594 facility, service, or program. This notice shall be provided by
2595 the department to the Department of Law Enforcement within 6
2596 months after the date of the change in the person’s employment
2597 status. Fingerprint information for persons identified by the
2598 department in the notice shall be removed from the statewide
2599 automated biometric identification fingerprint system.
2600 Section 66. Subsection (3) of section 985.4815, Florida
2601 Statutes, is amended to read:
2602 985.4815 Notification to Department of Law Enforcement of
2603 information on juvenile sexual offenders.—
2604 (3) If a sexual offender is not sentenced to a term of
2605 residential commitment, the clerk of the court shall ensure that
2606 the sexual offender’s fingerprints are taken and forwarded to
2607 the Department of Law Enforcement within 48 hours after the
2608 court sentences the offender. The fingerprints fingerprint card
2609 shall be clearly marked “Sexual Offender Registration Card.”
2610 Section 67. Paragraph (b) of subsection (6) of section
2611 1002.395, Florida Statutes, is amended to read:
2612 1002.395 Florida Tax Credit Scholarship Program.—
2613 (6) OBLIGATIONS OF ELIGIBLE NONPROFIT SCHOLARSHIP-FUNDING
2614 ORGANIZATIONS.—An eligible nonprofit scholarship-funding
2615 organization:
2616 (b) Must comply with the following background check
2617 requirements:
2618 1. All owners and operators as defined in subparagraph
2619 (2)(h)1. are, upon employment or engagement to provide services,
2620 subject to level 2 background screening as provided under
2621 chapter 435. The fingerprints for the background screening must
2622 be electronically submitted to the Department of Law Enforcement
2623 and can be taken by an authorized law enforcement agency or by
2624 an employee of the eligible nonprofit scholarship-funding
2625 organization or a private company who is trained to take
2626 fingerprints. However, the complete set of fingerprints of an
2627 owner or operator may not be taken by the owner or operator. The
2628 results of the state and national criminal history check shall
2629 be provided to the Department of Education for screening under
2630 chapter 435. The cost of the background screening may be borne
2631 by the eligible nonprofit scholarship-funding organization or
2632 the owner or operator.
2633 2. Every 5 years following employment or engagement to
2634 provide services or association with an eligible nonprofit
2635 scholarship-funding organization, each owner or operator must
2636 meet level 2 screening standards as described in s. 435.04, at
2637 which time the nonprofit scholarship-funding organization shall
2638 request the Department of Law Enforcement to forward the
2639 fingerprints to the Federal Bureau of Investigation for level 2
2640 screening. If the fingerprints of an owner or operator are not
2641 retained by the Department of Law Enforcement under subparagraph
2642 3., the owner or operator must electronically file a complete
2643 set of fingerprints with the Department of Law Enforcement. Upon
2644 submission of fingerprints for this purpose, the eligible
2645 nonprofit scholarship-funding organization shall request that
2646 the Department of Law Enforcement forward the fingerprints to
2647 the Federal Bureau of Investigation for level 2 screening, and
2648 the fingerprints shall be retained by the Department of Law
2649 Enforcement under subparagraph 3.
2650 3. Beginning July 1, 2007, All fingerprints submitted to
2651 the Department of Law Enforcement as required by this paragraph
2652 must be retained by the Department of Law Enforcement in a
2653 manner approved by rule and entered in the statewide automated
2654 biometric fingerprint identification system authorized by s.
2655 943.05(2)(b). The fingerprints must thereafter be available for
2656 all purposes and uses authorized for arrest fingerprints
2657 fingerprint cards entered in the statewide automated biometric
2658 fingerprint identification system pursuant to s. 943.051.
2659 4. Beginning July 1, 2007, The Department of Law
2660 Enforcement shall search all arrest fingerprints fingerprint
2661 cards received under s. 943.051 against the fingerprints
2662 retained in the statewide automated biometric fingerprint
2663 identification system under subparagraph 3. Any arrest record
2664 that is identified with an owner’s or operator’s fingerprints
2665 must be reported to the Department of Education. The Department
2666 of Education shall participate in this search process by paying
2667 an annual fee to the Department of Law Enforcement and by
2668 informing the Department of Law Enforcement of any change in the
2669 employment, engagement, or association status of the owners or
2670 operators whose fingerprints are retained under subparagraph 3.
2671 The Department of Law Enforcement shall adopt a rule setting the
2672 amount of the annual fee to be imposed upon the Department of
2673 Education for performing these services and establishing the
2674 procedures for the retention of owner and operator fingerprints
2675 and the dissemination of search results. The fee may be borne by
2676 the owner or operator of the nonprofit scholarship-funding
2677 organization.
2678 5. A nonprofit scholarship-funding organization whose owner
2679 or operator fails the level 2 background screening shall not be
2680 eligible to provide scholarships under this section.
2681 6. A nonprofit scholarship-funding organization whose owner
2682 or operator in the last 7 years has filed for personal
2683 bankruptcy or corporate bankruptcy in a corporation of which he
2684 or she owned more than 20 percent shall not be eligible to
2685 provide scholarships under this section.
2686
2687 Any and all information and documentation provided to the
2688 Department of Education and the Auditor General relating to the
2689 identity of a taxpayer that provides an eligible contribution
2690 under this section shall remain confidential at all times in
2691 accordance with s. 213.053.
2692 Section 68. Paragraphs (a) and (b) of subsection (3) of
2693 section 1002.421, Florida Statutes, are amended to read:
2694 1002.421 Accountability of private schools participating in
2695 state school choice scholarship programs.—
2696 (3)(a) Beginning July 1, 2007, All fingerprints submitted
2697 to the Department of Law Enforcement as required by this section
2698 shall be retained by the Department of Law Enforcement in a
2699 manner provided by rule and entered in the statewide automated
2700 biometric fingerprint identification system authorized by s.
2701 943.05(2)(b). Such fingerprints shall thereafter be available
2702 for all purposes and uses authorized for arrest fingerprints
2703 fingerprint cards entered in the statewide automated biometric
2704 fingerprint identification system pursuant to s. 943.051.
2705 (b) Beginning July 1, 2007, The Department of Law
2706 Enforcement shall search all arrest fingerprints fingerprint
2707 cards received under s. 943.051 against the fingerprints
2708 retained in the statewide automated biometric fingerprint
2709 identification system under paragraph (a). Any arrest record
2710 that is identified with the retained fingerprints of a person
2711 subject to the background screening under this section shall be
2712 reported to the employing school with which the person is
2713 affiliated. Each private school participating in a scholarship
2714 program is required to participate in this search process by
2715 informing the Department of Law Enforcement of any change in the
2716 employment or contractual status of its personnel whose
2717 fingerprints are retained under paragraph (a). The Department of
2718 Law Enforcement shall adopt a rule setting the amount of the
2719 annual fee to be imposed upon each private school for performing
2720 these searches and establishing the procedures for the retention
2721 of private school employee and contracted personnel fingerprints
2722 and the dissemination of search results. The fee may be borne by
2723 the private school or the person fingerprinted.
2724 Section 69. Paragraphs (a) and (b) of subsection (3) of
2725 section 1012.32, Florida Statutes, are amended to read:
2726 1012.32 Qualifications of personnel.—
2727 (3)(a) Beginning July 1, 2004, All fingerprints submitted
2728 to the Department of Law Enforcement as required by subsection
2729 (2) shall be retained by the Department of Law Enforcement in a
2730 manner provided by rule and entered in the statewide automated
2731 biometric fingerprint identification system authorized by s.
2732 943.05(2)(b). Such fingerprints shall thereafter be available
2733 for all purposes and uses authorized for arrest fingerprints
2734 fingerprint cards entered in the statewide automated biometric
2735 fingerprint identification system pursuant to s. 943.051.
2736 (b) Beginning December 15, 2004, The Department of Law
2737 Enforcement shall search all arrest fingerprints fingerprint
2738 cards received under s. 943.051 against the fingerprints
2739 retained in the statewide automated biometric fingerprint
2740 identification system under paragraph (a). Any arrest record
2741 that is identified with the retained fingerprints of a person
2742 subject to the background screening under this section shall be
2743 reported to the employing or contracting school district or the
2744 school district with which the person is affiliated. Each school
2745 district is required to participate in this search process by
2746 payment of an annual fee to the Department of Law Enforcement
2747 and by informing the Department of Law Enforcement of any change
2748 in the affiliation, employment, or contractual status or place
2749 of affiliation, employment, or contracting of its instructional
2750 and noninstructional personnel whose fingerprints are retained
2751 under paragraph (a). The Department of Law Enforcement shall
2752 adopt a rule setting the amount of the annual fee to be imposed
2753 upon each school district for performing these searches and
2754 establishing the procedures for the retention of instructional
2755 and noninstructional personnel fingerprints and the
2756 dissemination of search results. The fee may be borne by the
2757 district school board, the contractor, or the person
2758 fingerprinted.
2759 Section 70. Paragraphs (b), (c), and (e) of subsection (2)
2760 of section 1012.467, Florida Statutes, are amended to read:
2761 1012.467 Noninstructional contractors who are permitted
2762 access to school grounds when students are present; background
2763 screening requirements.—
2764 (2)
2765 (b) As authorized by law, the Department of Law Enforcement
2766 shall retain the fingerprints submitted by the school districts
2767 pursuant to this subsection to the Department of Law Enforcement
2768 for a criminal history background screening in a manner provided
2769 by rule and enter the fingerprints in the statewide automated
2770 biometric fingerprint identification system authorized by s.
2771 943.05(2)(b). The fingerprints shall thereafter be available for
2772 all purposes and uses authorized for arrest fingerprints
2773 fingerprint cards entered into the statewide automated biometric
2774 fingerprint identification system under s. 943.051.
2775 (c) As authorized by law, the Department of Law Enforcement
2776 shall search all arrest fingerprints fingerprint cards received
2777 under s. 943.051 against the fingerprints retained in the
2778 statewide automated biometric fingerprint identification system
2779 under paragraph (b).
2780 (e) A fingerprint retained pursuant to this subsection
2781 shall be purged from the automated biometric fingerprint
2782 identification system 5 years following the date the fingerprint
2783 was initially submitted. The Department of Law Enforcement shall
2784 set the amount of the annual fee to be imposed upon each
2785 participating agency for performing these searches and
2786 establishing the procedures for retaining fingerprints and
2787 disseminating search results. The fee may be borne as provided
2788 by law. Fees may be waived or reduced by the executive director
2789 of the Department of Law Enforcement for good cause shown.
2790 Section 71. This act shall take effect July 1, 2013.
