Florida Senate - 2016                              CS for SB 700
       
       
        
       By the Committee on Fiscal Policy; and Senator Soto
       
       594-03755-16                                           2016700c1
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s. 985.04,
    3         F.S.; specifying that certain confidential information
    4         obtained under chapter 985, F.S., relating to juvenile
    5         justice, is exempt from public records requirements;
    6         providing applicability; revising applicability of
    7         public records requirements with respect to the arrest
    8         records of certain juvenile offenders; authorizing a
    9         custodian to not post on the custodian’s website
   10         certain arrest or booking photographs of a child;
   11         providing for future review and repeal of such
   12         applicability provisions; amending s. 943.053, F.S.;
   13         providing an exemption from public records
   14         requirements for juvenile information compiled by the
   15         Criminal Justice Information Program from intrastate
   16         sources; providing exceptions; providing for future
   17         review and repeal of the exemption; providing for
   18         release by the Department of Law Enforcement of the
   19         criminal history information of a juvenile which has
   20         been deemed confidential and exempt under certain
   21         circumstances; amending ss. 496.4101 and 943.056,
   22         F.S.; conforming provisions to changes made by the
   23         act; providing a statement of public necessity;
   24         providing an effective date.
   25          
   26  Be It Enacted by the Legislature of the State of Florida:
   27  
   28         Section 1. Subsections (1) and (2) of section 985.04,
   29  Florida Statutes, are amended to read:
   30         985.04 Oaths; records; confidential information.—
   31         (1)(a) Except as provided in subsections (2), (3), (6), and
   32  (7) and s. 943.053, all information obtained under this chapter
   33  in the discharge of official duty by any judge, any employee of
   34  the court, any authorized agent of the department, the Florida
   35  Commission on Offender Review, the Department of Corrections,
   36  the juvenile justice circuit boards, any law enforcement agent,
   37  or any licensed professional or licensed community agency
   38  representative participating in the assessment or treatment of a
   39  juvenile is confidential and exempt from s. 119.07(1) and s.
   40  24(a), Art. I of the State Constitution. This exemption applies
   41  to information obtained before, on, or after the effective date
   42  of this exemption.
   43         (b) Such confidential and exempt information and may be
   44  disclosed only to the authorized personnel of the court, the
   45  department and its designees, the Department of Corrections, the
   46  Florida Commission on Offender Review, law enforcement agents,
   47  school superintendents and their designees, any licensed
   48  professional or licensed community agency representative
   49  participating in the assessment or treatment of a juvenile, and
   50  others entitled under this chapter to receive that information,
   51  or upon order of the court.
   52         (c) Within each county, the sheriff, the chiefs of police,
   53  the district school superintendent, and the department shall
   54  enter into an interagency agreement for the purpose of sharing
   55  information about juvenile offenders among all parties. The
   56  agreement must specify the conditions under which summary
   57  criminal history information is to be made available to
   58  appropriate school personnel, and the conditions under which
   59  school records are to be made available to appropriate
   60  department personnel. Such agreement shall require notification
   61  to any classroom teacher of assignment to the teacher’s
   62  classroom of a juvenile who has been placed in a probation or
   63  commitment program for a felony offense. The agencies entering
   64  into such agreement must comply with s. 943.0525, and must
   65  maintain the confidentiality of information that is otherwise
   66  exempt from s. 119.07(1), as provided by law.
   67         (2)(a) Notwithstanding any other provisions of this
   68  chapter, the name, photograph, address, and crime or arrest
   69  report of a child:
   70         1.(a) Taken into custody if the child has been taken into
   71  custody by a law enforcement officer for a violation of law
   72  which, if committed by an adult, would be a felony;
   73         2. Charged with a violation of law which, if committed by
   74  an adult, would be a felony;
   75         3. Found to have committed an offense which, if committed
   76  by an adult, would be a felony; or
   77         4. Transferred to adult court pursuant to part X of this
   78  chapter,
   79         (b) Found by a court to have committed three or more
   80  violations of law which, if committed by an adult, would be
   81  misdemeanors;
   82         (c) Transferred to the adult system under s. 985.557,
   83  indicted under s. 985.56, or waived under s. 985.556;
   84         (d) Taken into custody by a law enforcement officer for a
   85  violation of law subject to s. 985.557(2)(b) or (d); or
   86         (e) Transferred to the adult system but sentenced to the
   87  juvenile system under s. 985.565
   88  
   89  are shall not be considered confidential and exempt from s.
   90  119.07(1) solely because of the child’s age. For arrest or
   91  booking photographs of a child not confidential and exempt under
   92  this subsection, a custodian of public records may choose not to
   93  electronically post such arrest or booking photograph on the
   94  custodian’s website, although this does not restrict public
   95  access to records as provided under this subsection.
   96         (b) This subsection is subject to the Open Government
   97  Sunset Review Act in accordance with s. 119.15 and shall stand
   98  repealed on October 2, 2021, unless reviewed and saved from
   99  repeal through reenactment by the Legislature.
  100         Section 2. Subsections (3), (8), (9), and (10) of section
  101  943.053, Florida Statutes, are amended to read:
  102         943.053 Dissemination of criminal justice information;
  103  fees.—
  104         (3)(a) Criminal history information, including information
  105  relating to an adult minors, compiled by the Criminal Justice
  106  Information Program from intrastate sources shall be available
  107  on a priority basis to criminal justice agencies for criminal
  108  justice purposes free of charge. After providing the program
  109  with all known personal identifying information, persons in the
  110  private sector and noncriminal justice agencies may be provided
  111  criminal history information upon tender of fees as established
  112  in this subsection and in the manner prescribed by rule of the
  113  Department of Law Enforcement. Any access to criminal history
  114  information by the private sector or noncriminal justice
  115  agencies as provided in this subsection shall be assessed
  116  without regard to the quantity or category of criminal history
  117  record information requested.
  118         (b)1. Criminal history information relating to a juvenile
  119  compiled by the Criminal Justice Information Program from
  120  intrastate sources shall be released as provided in this
  121  section. Such information is confidential and exempt from s.
  122  119.07(1) and s. 24(a), Art. I of the State Constitution, unless
  123  such juvenile has been:
  124         a. Taken into custody by a law enforcement officer for a
  125  violation of law which, if committed by an adult, would be a
  126  felony;
  127         b. Charged with a violation of law which, if committed by
  128  an adult, would be a felony;
  129         c. Found to have committed an offense which, if committed
  130  by an adult, would be a felony; or
  131         d. Transferred to adult court pursuant to part X of chapter
  132  985,
  133  
  134  and provided the criminal history record has not been expunged
  135  or sealed under any law applicable to such record.
  136         2. This paragraph is subject to the Open Government Sunset
  137  Review Act in accordance with s. 119.15 and shall stand repealed
  138  on October 2, 2021, unless reviewed and saved from repeal
  139  through reenactment by the Legislature.
  140         (c)1. Criminal history information relating to juveniles,
  141  including criminal history information consisting in whole or in
  142  part of information that is confidential and exempt under
  143  paragraph (b), shall be available to:
  144         a. A criminal justice agency for criminal justice purposes
  145  on a priority basis and free of charge;
  146         b. The person to whom the record relates, or his or her
  147  attorney;
  148         c. The parent, guardian, or legal custodian of the person
  149  to whom the record relates, provided such person has not reached
  150  the age of majority, been emancipated by a court, or been
  151  legally married; or
  152         d. An agency or entity specified in s. 943.0585(4) or s.
  153  943.059(4), for the purposes specified therein, and to any
  154  person within such agency or entity who has direct
  155  responsibility for employment, access authorization, or
  156  licensure decisions.
  157         2. After providing the program with all known personal
  158  identifying information, the criminal history information
  159  relating to a juvenile which is not confidential and exempt
  160  under this subsection may be released to the private sector and
  161  noncriminal justice agencies not specified in s. 943.0585(4) or
  162  s. 943.059(4) in the same manner as provided in paragraph (a).
  163  Criminal history information relating to a juvenile which is not
  164  confidential and exempt under this subsection is the entire
  165  criminal history information relating to a juvenile who
  166  satisfies any of the criteria listed in sub-subparagraphs
  167  (b)1.a. through (b)1.d., except for any portion of such
  168  juvenile’s criminal history record which has been expunged or
  169  sealed under any law applicable to such record.
  170         3. All criminal history information relating to juveniles,
  171  other than that provided to criminal justice agencies for
  172  criminal justice purposes, shall be provided upon tender of fees
  173  as established in this subsection and in the manner prescribed
  174  by rule of the Department of Law Enforcement.
  175         (d) The fee for access to criminal history information by
  176  the private sector or a noncriminal justice agency shall be
  177  assessed without regard to the size or category of criminal
  178  history record information requested.
  179         (e)(b) The fee per record for criminal history information
  180  provided pursuant to this subsection and s. 943.0542 is $24 per
  181  name submitted, except that the fee for the guardian ad litem
  182  program and vendors of the Department of Children and Families,
  183  the Department of Juvenile Justice, and the Department of
  184  Elderly Affairs shall be $8 for each name submitted; the fee for
  185  a state criminal history provided for application processing as
  186  required by law to be performed by the Department of Agriculture
  187  and Consumer Services shall be $15 for each name submitted; and
  188  the fee for requests under s. 943.0542, which implements the
  189  National Child Protection Act, shall be $18 for each volunteer
  190  name submitted. The state offices of the Public Defender shall
  191  not be assessed a fee for Florida criminal history information
  192  or wanted person information.
  193         (8) Notwithstanding the provisions of s. 943.0525, and any
  194  user agreements adopted pursuant thereto, and notwithstanding
  195  the confidentiality of sealed records as provided for in s.
  196  943.059 and juvenile records as provided for in paragraph
  197  (3)(b), the sheriff of any county that has contracted with a
  198  private entity to operate a county detention facility pursuant
  199  to the provisions of s. 951.062 shall provide that private
  200  entity, in a timely manner, copies of the Florida criminal
  201  history records for its inmates. The sheriff may assess a charge
  202  for the Florida criminal history records pursuant to the
  203  provisions of chapter 119. Sealed records and confidential
  204  juvenile records received by the private entity under this
  205  section remain confidential and exempt from the provisions of s.
  206  119.07(1).
  207         (9) Notwithstanding the provisions of s. 943.0525, and any
  208  user agreements adopted pursuant thereto, and notwithstanding
  209  the confidentiality of sealed records as provided for in s.
  210  943.059 and juvenile records as provided for in paragraph
  211  (3)(b), the Department of Corrections shall provide, in a timely
  212  manner, copies of the Florida criminal history records for
  213  inmates housed in a private state correctional facility to the
  214  private entity under contract to operate the facility pursuant
  215  to the provisions of s. 944.105. The department may assess a
  216  charge for the Florida criminal history records pursuant to the
  217  provisions of chapter 119. Sealed records and confidential
  218  juvenile records received by the private entity under this
  219  section remain confidential and exempt from the provisions of s.
  220  119.07(1).
  221         (10) Notwithstanding the provisions of s. 943.0525 and any
  222  user agreements adopted pursuant thereto, and notwithstanding
  223  the confidentiality of sealed records as provided for in s.
  224  943.059 or of juvenile records as provided for in paragraph
  225  (3)(b), the Department of Juvenile Justice or any other state or
  226  local criminal justice agency may provide copies of the Florida
  227  criminal history records for juvenile offenders currently or
  228  formerly detained or housed in a contracted juvenile assessment
  229  center or detention facility or serviced in a contracted
  230  treatment program and for employees or other individuals who
  231  will have access to these facilities, only to the entity under
  232  direct contract with the Department of Juvenile Justice to
  233  operate these facilities or programs pursuant to the provisions
  234  of s. 985.688. The criminal justice agency providing such data
  235  may assess a charge for the Florida criminal history records
  236  pursuant to the provisions of chapter 119. Sealed records and
  237  confidential juvenile records received by the private entity
  238  under this section remain confidential and exempt from the
  239  provisions of s. 119.07(1). Information provided under this
  240  section shall be used only for the criminal justice purpose for
  241  which it was requested and may not be further disseminated.
  242         Section 3. Paragraph (b) of subsection (3) of section
  243  496.4101, Florida Statutes, is amended to read:
  244         496.4101 Licensure of professional solicitors and certain
  245  employees thereof.—
  246         (3)
  247         (b) Fees for state and federal fingerprint processing and
  248  fingerprint retention fees shall be borne by the applicant. The
  249  state cost for fingerprint processing is that authorized in s.
  250  943.053(3)(e) 943.053(3)(b) for records provided to persons or
  251  entities other than those specified as exceptions therein.
  252         Section 4. Subsection (1) of section 943.056, Florida
  253  Statutes, is amended to read:
  254         943.056 Criminal history records; access, review, and
  255  challenge.—
  256         (1) For purposes of verification of the accuracy and
  257  completeness of a criminal history record, the Department of Law
  258  Enforcement shall provide, in the manner prescribed by rule,
  259  such record for review upon verification, by fingerprints, of
  260  the identity of the requesting person. If a minor, or the parent
  261  or legal guardian of a minor, requests a copy of the minor’s
  262  criminal history record, the Department of Law Enforcement shall
  263  provide such copy, including any portions of the record which
  264  may be confidential under s. 943.053(3)(b), for review upon
  265  verification, by fingerprints, of the identity of the minor. The
  266  providing of such record shall not require the payment of any
  267  fees, except those provided for by federal regulations.
  268         Section 5. The Legislature finds that it is a public
  269  necessity that the criminal history information of juveniles,
  270  who have not been adjudicated delinquent of a felony or who have
  271  been found only to have committed misdemeanor offenses and
  272  certain criminal history information relating to a juvenile
  273  compiled by the Criminal Justice Information Program be made
  274  confidential and exempt from s. 119.07(1), Florida Statutes, and
  275  s. 24(a), Article I of the State Constitution under ss. 985.04
  276  and 943.053, Florida Statutes. Many individuals who have either
  277  completed their sanctions and received treatment or who were
  278  never charged in the juvenile justice system have found it
  279  difficult to obtain employment. The presence of an arrest or a
  280  misdemeanor record in these individuals’ juvenile past and
  281  certain criminal history information relating to a juvenile
  282  compiled by the Criminal Justice Information Program creates an
  283  unnecessary barrier to becoming productive members of society,
  284  thus frustrating the rehabilitative purpose of the juvenile
  285  system. The Legislature therefore finds that it is in the best
  286  interest of the public that individuals with juvenile
  287  misdemeanor records are given the opportunity to become
  288  contributing members of society. Therefore, prohibiting the
  289  unfettered release of juvenile misdemeanor records and certain
  290  criminal history information relating to a juvenile compiled by
  291  the Criminal Justice Information Program is of greater
  292  importance than any public benefit that may be derived from the
  293  full disclosure and release of such arrest records and
  294  information.
  295         Section 6. This act shall take effect upon becoming a law.