The Florida Senate

943.051  Criminal justice information; collection and storage; fingerprinting.--

(1)  The Criminal Justice Information Program, acting as the state's central criminal justice information repository, shall:

(a)  Collect, process, store, maintain, and disseminate criminal justice information and records necessary to the operation of the criminal justice information system of the department.

(b)  Develop systems that inform one criminal justice agency of the criminal justice information held or maintained by other criminal justice agencies.

(2)  Each adult person charged with or convicted of a felony, misdemeanor, or violation of a comparable ordinance by a state, county, municipal, or other law enforcement agency shall be fingerprinted, and such fingerprints shall be submitted to the department in the manner prescribed by rule. Exceptions to this requirement for specified misdemeanors or comparable ordinance violations may be made by the department by rule.

(3)(a)  A minor who is charged with or found to have committed an offense that would be a felony if committed by an adult shall be fingerprinted and the fingerprints shall be submitted to the department in the manner prescribed by rule.

¹(b)  A minor who is charged with or found to have committed the following misdemeanors shall be fingerprinted and the fingerprints shall be submitted to the department:

1.  Assault, as defined in s. 784.011.

2.  Battery, as defined in s. 784.03.

3.  Carrying a concealed weapon, as defined in s. 790.01(1).

4.  Unlawful use of destructive devices or bombs, as defined in s. 790.1615(1).

5.  Negligent treatment of children, as defined in ²s. 827.05.

6.  Assault or battery on a law enforcement officer, a firefighter, or other specified officers, as defined in s. 784.07(2)(a) and (b).

7.  Open carrying of a weapon, as defined in s. 790.053.

8.  Exposure of sexual organs, as defined in s. 800.03.

9.  Unlawful possession of a firearm, as defined in s. 790.22(5).

10.  Petit theft, as defined in s. 812.014(3).

11.  Cruelty to animals, as defined in s. 828.12(1).

12.  Arson, as defined in s. 806.031(1).

(4)  Fingerprints shall be used as the basis for criminal history records.

(5)  The department is encouraged to develop innovative and progressive methods of serving the information management needs of the criminal justice community. The department may contract with other agencies or private entities for the purpose of facilitating the department's responsibilities for receiving, maintaining, managing, processing, allowing access to, and disseminating criminal justice information, intelligence, and data; criminal history records and information available only to criminal justice agencies; and public criminal history information and records. Any agency or entity under contract with the department shall, as specified in the contract, be performing the department's function as a criminal justice agency for purposes of handling criminal justice information, intelligence, data, histories, and other records, and disclosure of such information to an agency or entity under contract does not waive any confidentiality or exemption from disclosure under s. 119.07 or any other applicable law.

History.--s. 3, ch. 80-409; s. 2, ch. 85-224; s. 5, ch. 93-204; s. 1, ch. 94-126; s. 89, ch. 94-209; s. 12, ch. 95-184; s. 2, ch. 95-427; s. 2, ch. 96-293; s. 28, ch. 96-322; s. 6, ch. 98-94.

¹Note.--As amended by s. 12, ch. 95-184, and s. 28, ch. 96-322. Paragraph (b) of subsection (3), as amended by s. 2, ch. 95-427, was reenacted by s. 2, ch. 96-293, "[f]or the purpose of incorporating the amendment to section 784.07," and that version reads:

(b)  A minor who is charged with or found to have committed the following misdemeanors shall be fingerprinted and the fingerprints shall be submitted to the department:

1.  Assault, as defined in s. 784.011.

2.  Battery, as defined in s. 784.03.

3.  Carrying a concealed weapon, as defined in s. 790.01(1).

4.  Unlawful use of destructive devices or bombs, as defined in s. 790.1615(1).

5.  Child abuse, as defined in ³s. 827.04(2).

6.  Negligent treatment of children, as defined in ²s. 827.05.

7.  Assault or battery on a law enforcement officer, a firefighter, or other specified officers, as defined in s. 784.07(2)(a) and (b).

8.  Open carrying of a weapon, as defined in s. 790.053.

9.  Exposure of sexual organs, as defined in s. 800.03.

10.  Unlawful possession of a firearm, as defined in s. 790.22(5).

11.  Cruelty to animals, as defined in s. 828.12(1).

12.  Arson, as defined in s. 806.031(1).

²Note.--Repealed by s. 11, ch. 96-322, and s. 31, ch. 96-388.

³Note.--As amended by s. 10, ch. 96-322, s. 827.04(2) no longer refers to child abuse.