Senate Bill 1378c1
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Florida Senate - 1998 CS for SB 1378
By the Committee on Criminal Justice and Senator Burt
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1 A bill to be entitled
2 An act relating to law enforcement; amending s.
3 943.03, F.S.; requiring the Department of Law
4 Enforcement to develop and maintain, in
5 consultation with the Criminal and Juvenile
6 Justice Information Systems Council, an
7 information system in administrative support of
8 the state criminal and juvenile justice system;
9 providing that the department shall serve as
10 the custodial manager of the statewide
11 telecommunications and data network; amending
12 s. 20.315, F.S.; providing for maintenance by
13 the Department of Corrections of an
14 offender-based information system; amending s.
15 20.316, F.S.; conforming terminology relating
16 to development by the Department of Juvenile
17 Justice of a juvenile justice information
18 system; removing a provision requiring a report
19 by the department to the council; amending s.
20 186.022, F.S., relating to state agency
21 strategic plans; providing for review by the
22 Executive Office of the Governor of
23 recommendations of the council; amending s.
24 282.1095, F.S., relating to the state agency
25 law enforcement radio system; reducing the
26 membership of the Joint Task Force on State
27 Agency Law Enforcement Communications to
28 eliminate a representative of the council;
29 amending s. 282.111, F.S., relating to the
30 statewide system of regional law enforcement
31 communications; removing a provision requiring
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1 certain consultation by the Division of
2 Communications with the council; amending s.
3 318.18, F.S., relating to civil penalties;
4 redesignating regional criminal justice
5 assessment centers as criminal justice
6 selection centers; amending s. 943.031, F.S.,
7 relating to the Florida Violent Crime Council;
8 conforming cross-references; amending s.
9 943.08, F.S.; deleting obsolete provisions;
10 requiring the council to review proposed plans
11 and policies for the information system of the
12 specified agencies to assist in facilitating
13 the standardization, sharing, and coordination
14 of criminal and juvenile justice data and other
15 specified data; requiring the council to make
16 recommendations to specified agencies;
17 requiring recommendations regarding the
18 installation and operation of the Florida
19 Criminal Justice Intranet Service Network, of
20 which the department will be the custodial
21 manager, and specifying its functions;
22 requiring recommendations concerning
23 installation and operation of such a statewide
24 network in each judicial circuit; providing
25 legislative intent that future equipment
26 capable of certain technologies within the
27 specified entities be compatible with certain
28 standards; amending s. 943.135, F.S.; allowing
29 law enforcement officers who are also elected
30 or appointed public officials to maintain
31 certification in a special status while holding
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1 office; amending s. 943.256, F.S.; providing
2 for the regional criminal justice assessment
3 centers, which are directed by a postsecondary
4 public school or a criminal justice agency, to
5 be redesignated as criminal justice selection
6 centers; amending s. 943.33, F.S.; providing
7 for a state-operated laboratory to furnish
8 laboratory services in a criminal case upon a
9 court order; requiring a hearing and notice;
10 requiring that the costs for such laboratory
11 services be paid by the defendant or the public
12 defender's office; amending s. 384.287, F.S.;
13 providing for support personnel and persons
14 acting under the direction of such personnel to
15 request the screening of certain persons for a
16 sexually transmissible disease under specified
17 circumstances; authorizing the Department of
18 Law Enforcement to secure a copyright on work
19 products and enforce the department's rights
20 with respect to the copyrighted work products;
21 requiring that the department notify the
22 Department of State upon securing or exploiting
23 a copyright; providing for the proceeds of the
24 sale of a copyrighted product to be deposited
25 into a fund of the Department of Law
26 Enforcement; defining the term "work product";
27 amending s. 943.325, F.S.; providing for
28 drawing blood specimens from certain convicted
29 persons committed to a county jail for purposes
30 of DNA analysis; providing for obtaining blood
31 specimens from a person who is not incarcerated
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1 following conviction; providing for a statewide
2 protocol for securing such specimens; providing
3 that certain medical facilities and personnel
4 and persons who assist a law enforcement
5 officer in withdrawing blood specimens are not
6 civilly or criminally liable for such actions;
7 providing for an application to the court for
8 an order authorizing that a person be taken
9 into custody for the purpose of providing blood
10 specimens; providing that failure to comply
11 with certain requirements is not grounds for
12 challenging the validity of a blood specimen or
13 excluding evidence based on a blood specimen;
14 providing an effective date.
15
16 Be It Enacted by the Legislature of the State of Florida:
17
18 Section 1. Subsection (13) is added to section 943.03,
19 Florida Statutes, to read:
20 943.03 Department of Law Enforcement.--
21 (13) The department shall develop and maintain, in
22 consultation with the Criminal and Juvenile Justice
23 Information Systems Council under s. 943.08, an information
24 system that supports the administration of the state's
25 criminal and juvenile justice system in compliance with s.
26 943.05 and other provisions of law. The department shall serve
27 as the custodial manager of the statewide telecommunications
28 and data network developed and maintained as part of the
29 information system authorized by this subsection.
30 Section 2. Subsection (11) of section 20.315, Florida
31 Statutes, is amended to read:
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1 20.315 Department of Corrections.--There is created a
2 Department of Corrections.
3 (11) SINGLE INFORMATION AND RECORDS SYSTEM.--There
4 shall be only one offender-based information and records
5 system maintained by the Department of Corrections for the
6 joint use of the department and the Parole Commission. This
7 data system is managed through the Justice Data Center, which
8 is hereby transferred to the department under this act
9 pursuant to a type two transfer authorized under s. 20.06(2).
10 The department shall develop and maintain, in consultation
11 with the Criminal and Juvenile Justice Information Systems
12 Council under s. 943.08, such offender-based information
13 system designed to serve the needs of both the department and
14 the Parole Commission. The department shall notify the
15 commission of all violations of parole and the circumstances
16 thereof.
17 Section 3. Paragraphs (a) and (f) of subsection (6) of
18 section 20.316, Florida Statutes, are amended to read:
19 20.316 Department of Juvenile Justice.--There is
20 created a Department of Juvenile Justice.
21 (6) INFORMATION SYSTEMS.--
22 (a) The Department of Juvenile Justice shall develop,
23 in consultation with the Criminal and Juvenile Justice
24 Information Systems Council under s. 943.08, a juvenile
25 justice information system which shall provide information
26 concerning the department's activities and programs.
27 (f) The department shall provide an annual report on
28 the juvenile justice information system to the Joint
29 Information Technology Resources Committee and the Criminal
30 and Juvenile Justice Information Systems Council. The
31 committee and the council shall review and reach consensus on
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1 the report and shall forward the report, along with its the
2 consensus comments, to the appropriate substantive and
3 appropriations committees of the House of Representatives and
4 the Senate delineating the development status of the system
5 and other information necessary for funding policy
6 formulation.
7 Section 4. Subsection (3) of section 186.022, Florida
8 Statutes, is amended to read:
9 186.022 State agency strategic plans; preparation,
10 form, and review.--
11 (3) The Executive Office of the Governor shall review
12 the state agency strategic plans to ensure that they are
13 consistent with the state comprehensive plan and other
14 requirements as specified in the written instructions. In its
15 review, the Executive Office of the Governor shall consider
16 all comments received in formulating required revisions. This
17 shall include:
18 (a) The findings of the Technology Review Workgroup as
19 to the consistency of the information resources management
20 portion of agency strategic plans with the State Annual Report
21 on Information Resources Management and statewide policies
22 recommended by the State Technology Council; and
23 (b) The findings and recommendations of the Criminal
24 and Juvenile Justice Information Systems Council's review with
25 respect to public safety system strategic information
26 resources management issues.
27
28 Within 60 days, reviewed plans shall be returned to the
29 agency, together with any required revisions. However, any
30 required revisions relating to information resources
31 management needs identified in the agency strategic plans are
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1 subject to the notice and review procedures set forth in s.
2 216.177 and must be approved by the Administration Commission
3 for the executive branch and the Chief Justice for the
4 judicial branch.
5 Section 5. Paragraph (a) of subsection (2) of section
6 282.1095, Florida Statutes, is amended to read:
7 282.1095 State agency law enforcement radio system.--
8 (2)
9 (a) The Joint Task Force on State Agency Law
10 Enforcement Communications shall consist of eight nine
11 members, as follows:
12 1. A representative of the Division of Alcoholic
13 Beverages and Tobacco of the Department of Business and
14 Professional Regulation who shall be appointed by the
15 secretary of the department.
16 2. A representative of the Division of Florida Highway
17 Patrol of the Department of Highway Safety and Motor Vehicles
18 who shall be appointed by the executive director of the
19 department.
20 3. A representative of the Department of Law
21 Enforcement who shall be appointed by the executive director
22 of the department.
23 4. A representative of the Game and Fresh Water Fish
24 Commission who shall be appointed by the executive director of
25 the commission.
26 5. A representative of the Division of Law Enforcement
27 of the Department of Environmental Protection who shall be
28 appointed by the secretary of the department.
29 6. A representative of the Department of Corrections
30 who shall be appointed by the secretary of the department.
31
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1 7. A representative of the Division of State Fire
2 Marshal of the Department of Insurance who shall be appointed
3 by the State Fire Marshal.
4 8. A representative of the Department of
5 Transportation who shall be appointed by the secretary of the
6 department.
7 9. A representative of the Criminal and Juvenile
8 Justice Information Systems Council who shall be appointed by
9 the chair of the council.
10 Section 6. Subsection (5) of section 282.111, Florida
11 Statutes, is amended to read:
12 282.111 Statewide system of regional law enforcement
13 communications.--
14 (5) No law enforcement communications system shall be
15 established or present system expanded after July 1, 1972,
16 without the prior approval of the Department of Management
17 Services Division of Communications. After January 1, 1997,
18 the Division of Communications shall consult with the Criminal
19 and Juvenile Justice Information Systems Council before
20 approving any law enforcement communications system or system
21 expansion.
22 Section 7. Subsection (11) of section 318.18, Florida
23 Statutes, is amended to read:
24 318.18 Amount of civil penalties.--The penalties
25 required for a noncriminal disposition pursuant to s. 318.14
26 are as follows:
27 (11)(a) Court costs that which are to be in addition
28 to the stated fine shall be imposed by the court in an amount
29 not less than the following:
30
31 For pedestrian infractions................................$ 3.
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1 For nonmoving traffic infractions.........................$ 6.
2 For moving traffic infractions............................$10.
3 (b) In addition to the court cost assessed under
4 paragraph (a), the court shall impose a $3 court cost for each
5 infraction to be distributed as provided in s. 943.25(3).
6
7 In no event may Court costs imposed under this subsection may
8 not exceed $30. A regional criminal justice selection
9 assessment center or other local criminal justice access and
10 assessment center may be funded from these court costs.
11 Section 8. Paragraph (c) of subsection (7) of section
12 943.031, Florida Statutes, is amended to read:
13 943.031 Florida Violent Crime Council.--The
14 Legislature finds that there is a need to develop and
15 implement a statewide strategy to address violent criminal
16 activity. In recognition of this need, the Florida Violent
17 Crime Council is created within the department. The council
18 shall serve in an advisory capacity to the department.
19 (7) CONFIDENTIALITY; EXEMPTED PORTIONS OF COUNCIL
20 MEETINGS AND RECORDS.--
21 (c)1. The Florida Violent Crime Council may close
22 portions of meetings during which the council will hear or
23 discuss active criminal investigative information or active
24 criminal intelligence information, and such portions of
25 meetings shall be exempt from the provisions of s. 286.011 and
26 s. 24(b), Art. I of the State Constitution, provided that the
27 following conditions are met:
28 a. The chair of the council shall advise the council
29 at a public meeting that, in connection with the performance
30 of a council duty, it is necessary that the council hear or
31
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1 discuss active criminal investigative information or active
2 criminal intelligence information.
3 b. The chair's declaration of necessity for closure
4 and the specific reasons for such necessity shall be stated in
5 writing in a document that which shall be a public record and
6 shall be filed with the official records of the council.
7 c. The entire closed session shall be recorded. The
8 recording shall include the times of commencement and
9 termination of the closed session, all discussion and
10 proceedings, and the names of all persons present. No portion
11 of the session shall be off the record. Such recording shall
12 be maintained by the council, and is exempt from the
13 provisions of s. 119.07(1) s. 119.011 and s. 24(a) s. 24(b),
14 Art. I of the State Constitution until such time as the
15 criminal investigative information or criminal intelligence
16 information that which justifies closure ceases to be active,
17 at which time the portion of the record related to the no
18 longer active information or intelligence shall be open for
19 public inspection and copying.
20
21 The exemption in this paragraph is subject to the Open
22 Government Sunset Review Act of 1995 in accordance with s.
23 119.15 and shall stand repealed on October 2, 2002, unless
24 reviewed and saved from repeal through reenactment by the
25 Legislature.
26 2. Only members of the council, Department of Law
27 Enforcement staff supporting the council's function, and other
28 persons whose presence has been authorized by the council
29 shall be allowed to attend the exempted portions of the
30 council meetings. The council shall assure that any closure
31 of its meetings as authorized by this section is limited so
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1 that the general policy of this state in favor of public
2 meetings is maintained.
3 Section 9. Section 943.08, Florida Statutes, is
4 amended to read:
5 943.08 Duties; Criminal and Juvenile Justice
6 Information Systems Council.--
7 (1) The council shall facilitate the identification,
8 standardization, sharing, and coordination of criminal and
9 juvenile justice data and other public safety system data
10 among federal, state, and local agencies.
11 (2) The council shall review proposed rules and
12 operating policies and procedures, and amendments thereto, of
13 the Division of Criminal Justice Information Systems and make
14 recommendations to the executive director which shall be
15 represented in the meeting minutes of the council. In
16 addition, the council shall review proposed plans and
17 policies, rules, and procedures relating to the information
18 system of the Department of Corrections, the Department of
19 Highway Safety and Motor Vehicles, the Department of Juvenile
20 Justice, and the Department of Law Enforcement for the purpose
21 of determining whether the departments' strategic information
22 technology resource development efforts will facilitate the
23 effective identification, standardization, sharing, and
24 coordination of criminal and juvenile justice data and other
25 public safety system data among federal, state, and local
26 agencies. The council shall make recommendations as it deems
27 appropriate to the executive director and the secretaries of
28 these departments and make recommendations to the Secretary of
29 Juvenile Justice or designated assistant who shall attend
30 council meetings. Those recommendations shall relate to the
31 following areas:
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1 (a) The management control of criminal and juvenile
2 justice information systems and applications supported by the
3 departments, criminal intelligence information systems, and
4 criminal investigative information systems maintained by the
5 department.
6 (b) The installation and operation of criminal and
7 juvenile justice information systems, criminal intelligence
8 information systems, and criminal investigative information
9 systems by the departments department and the exchange of such
10 information with other criminal and juvenile justice agencies
11 of this state and other states, including federal agencies.
12 (c) The operation and maintenance of computer hardware
13 and software within criminal and juvenile justice information
14 systems, criminal intelligence information systems, and
15 criminal investigative information systems maintained by the
16 departments department.
17 (d) The operation, maintenance, and use of an
18 automated fingerprint identification system, including
19 interfacing with existing automated systems.
20 (d)(e) The physical security of the systems system, to
21 prevent unauthorized disclosure of information contained in
22 the systems system and to ensure that the criminal and
23 juvenile justice information in the systems system is
24 accurately updated in a timely manner currently and accurately
25 revised to include subsequently revised information.
26 (e)(f) The security of the systems system, to ensure
27 that criminal and juvenile justice information is, criminal
28 intelligence information, and criminal investigative
29 information will be collected, processed, stored, and
30 disseminated in such manner that it cannot be modified,
31
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1 destroyed, accessed, changed, purged, or overlaid by
2 unauthorized individuals or agencies.
3 (f)(g) The purging, expunging, or sealing of criminal
4 and juvenile justice information upon order of a court of
5 competent jurisdiction or when authorized by law.
6 (g)(h) The dissemination of criminal and juvenile
7 justice information to persons or agencies not associated with
8 criminal justice when such dissemination is authorized by law.
9 (h)(i) The access to criminal and juvenile justice
10 information maintained by any criminal or juvenile justice
11 agency by any person about whom such information is maintained
12 for the purpose of challenge, correction, or addition of
13 explanatory material.
14 (i)(j) The training, which should may be provided to
15 pursuant to s. 938.01, s. 938.15, or s. 943.25, of employees
16 of the departments department and other state and local
17 criminal and juvenile justice agencies in the proper use and
18 control of criminal and juvenile justice information.
19 (j)(k) The characteristics, structures, and
20 communications technologies linkages needed to allow the
21 transmittal of, sharing of, access to, and utilization of
22 information among the various state, local, private, and
23 federal agencies, organizations, and institutions in the
24 criminal and juvenile justice systems. public safety system,
25 including, but not limited to, recommendations regarding:
26 1. The management control and administration of
27 juvenile justice data and information.
28 2. The installation and operation of local area
29 networks.
30 3. The installation and operation of statewide area
31 networks.
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1 4. Electronic mail and file transport.
2 5. The operation and maintenance of hardware and
3 software.
4 6. Access to juvenile justice information.
5 7. The security and integrity of the information
6 system.
7 8. Training of information system users and user
8 groups.
9 (k) The installation and operation of a statewide
10 telecommunications and data network, to be called the Florida
11 Criminal Justice Intranet Service Network, for which the
12 Department of Law Enforcement will serve as custodial manager
13 and which will be capable of electronically transmitting text
14 and image data, including electronic mail and file transport,
15 among criminal justice agencies within the state.
16 (l) The installation and operation, when feasible, of
17 equipment in each of the judicial circuits capable of
18 electronically transmitting over the Florida Criminal Justice
19 Intranet Service Network digitized photographs and live-scan
20 fingerprint images of each criminal defendant convicted or
21 found guilty, at the time and place of such disposition.
22 (m)(l) Such other areas as relate to the collection,
23 processing, storage, and dissemination of criminal and
24 juvenile justice and other public safety system information,
25 criminal intelligence information, and criminal justice
26 investigative information, including the development of
27 criteria, policies, and procedures for the standardization of
28 criminal and juvenile justice data and information-transfer
29 protocols for transmitting electronic transmission of such
30 data.
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1 (3) The council shall develop and approve a strategic
2 plan pursuant to the requirements set forth in s. 186.022(9).
3 Copies of the approved plan shall be transmitted,
4 electronically or in writing, to the Executive Office of the
5 Governor, the Speaker of the House of Representatives, the
6 President of the Senate, and the council members.
7 (4) It is the policy of this state and the intent of
8 the Legislature that all further installation, enhancement,
9 and planned utilization of equipment capable of transmitting
10 telecommunications and data which is performed by any state
11 court, the clerks of the court, state or local law enforcement
12 agencies, or the departments referred to in this section be
13 implemented in a manner to assure that such equipment is
14 compatible with the Florida Criminal Justice Intranet Service
15 Network standards.
16 Section 10. Subsection (4) of section 943.135, Florida
17 Statutes, is amended to read:
18 943.135 Requirements for continued employment.--
19 (4)(a) Notwithstanding any other provision of law, any
20 person holding active certification from the Criminal Justice
21 Standards and Training Commission as a law enforcement
22 officer, correctional officer, or correctional probation
23 officer, as defined in s. 943.10(1), (2), (3), (6), (7), (8),
24 or (9), who resigns his or her position as law enforcement
25 officer, correctional officer, or correctional probation
26 officer for the sole purpose of serving in an office to which
27 the person has been elected or appointed and to thereby avoid
28 the prohibition against dual officeholding established in s.
29 5(a), Art. II of the State Constitution may be allowed to
30 retain active certification in a special status during the
31
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1 tenure of the elected or appointed office if, at the time of
2 resignation, the person:
3 1. Was employed by or associated with an employing
4 agency in a manner authorized by chapter 943;
5 2. Was not subject to an internal investigation or
6 employment action to discipline or dismiss by the employing
7 agency;
8 3. Was not subject to criminal investigation or
9 prosecution by any state or federal authority; and
10 4. Was not subject to an investigation or action
11 against his or her certification by the Criminal Justice
12 Standards and Training Commission,
13
14 and if subsequent to the resignation the person otherwise
15 complies with this subsection.
16 (b) Any person who qualifies under paragraph (a) may,
17 for purposes of meeting the minimum mandatory continuing
18 training or education requirements of this section, at the
19 option of an employing agency, associate with that agency for
20 the sole purpose of securing continuing training or education
21 as required by this section and for allowing the agency to
22 report completion of the education or training to the Criminal
23 Justice Standards and Training Commission. The employing
24 agency with which the person has associated shall submit proof
25 of completion of any education or training so obtained for
26 purposes of demonstrating compliance with this section and
27 shall indicate that the person for whom the credits are
28 reported has secured the training under the special status
29 authorized by this section. An employing agency may require
30 any person so associated to attend continuing training or
31 education at the person's own expense and may determine the
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1 courses or training that a person is to attend while
2 associated with the agency. Any person who is permitted to
3 associate with an employing agency for purposes of obtaining
4 and reporting education or continuing training credits while
5 serving in an elected or appointed public office shall not be
6 considered to be employed by the employing agency or
7 considered by the association with the employing agency to
8 maintain an office under s. 5(a), Art. II of the State
9 Constitution.
10 (c) The period of time during which a person serves in
11 an elected or appointed office and thereby maintains the
12 special certification status authorized by this section may
13 not be considered in calculating whether the person is
14 considered to have incurred a break in service for purposes of
15 maintaining active certification by the Criminal Justice
16 Standards and Training Commission.
17 (d) An employing agency that receives a resignation
18 from a person for the purpose of avoiding the
19 dual-office-holding prohibition as discussed in this
20 subsection shall verify that the person who has resigned is in
21 fact serving in an elected or public office and report the
22 verification, including an indication of the office in which
23 the person is serving, to the Criminal Justice Standards and
24 Training Commission via the affidavit of separation of
25 employment used by the commission.
26 (e) Any person seeking the benefit of this subsection
27 shall, upon request, provide to the Criminal Justice Standards
28 and Training Commission any documentation or proof required by
29 the commission to evaluate the person's eligibility under this
30 subsection, to evaluate a submission of continuing training or
31 education credits as authorized by this subsection, or to
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1 determine the duration of any tenure in an elected or
2 appointed public office, including any extension of the status
3 by reason of reelection or reappointment or by election or
4 appointment to a different office. The commission is
5 authorized to develop this program for implementation on July
6 1, 1985, for full-time, part-time, or auxiliary law
7 enforcement officers and correctional officers and a program
8 for correctional probation officers for implementation on July
9 1, 1987.
10 Section 11. Section 943.256, Florida Statutes, is
11 amended to read:
12 943.256 Regional Criminal justice selection assessment
13 centers; creation.--
14 (1) The creation of regional criminal justice
15 selection assessment centers is hereby authorized. Each
16 center shall be under the direction and control of a
17 postsecondary public school, hereinafter called the "directing
18 school," or of a criminal justice agency, hereinafter called
19 the "directing agency," within the region.
20 (2) Each center shall provide standardized evaluation
21 of preservice candidates for all units of the local criminal
22 justice system in the region, thereby establishing a pool of
23 qualified candidates for criminal justice agencies throughout
24 the region.
25 (3) Each center shall also provide standardized
26 evaluation of inservice officers for all units of the local
27 criminal justice system in the region, thereby establishing a
28 pool of qualified officers for criminal justice agencies
29 throughout each region.
30 Section 12. Section 943.33, Florida Statutes, is
31 amended to read:
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1 943.33 State-operated criminal analysis
2 laboratories.--The state-operated laboratories shall furnish
3 laboratory service upon request to law enforcement officials
4 in the state. The services of such laboratories shall also be
5 available to any defendant in a criminal case upon showing of
6 good cause and upon order of the court with jurisdiction in
7 the case. The court may issue such an order only after a
8 motion by the defendant and a hearing held after notice, with
9 a copy of the motion being served upon the state attorney and
10 the state-operated laboratory from which the service is
11 sought. As used in this section, the term "good cause" means a
12 finding by the court that the laboratory service being sought
13 by the defendant is anticipated to produce evidence that is
14 relevant and material to the defendant, that is reasonably
15 within the capacity of the state-operated laboratory and not
16 unduly burdensome upon the laboratory, and that cannot be
17 obtained from any qualified private laboratory within the
18 state which is otherwise reasonably available to the
19 defendant. The court shall may assess the costs of such
20 service ordered by the court to the defendant or local public
21 defender's office. The laboratory that furnishes the service
22 ordered by the court shall, in addition to the report of the
23 analysis, comparison, or identification performed, provide a
24 statement of the costs of furnishing the service to the court
25 and the state attorney.
26 Section 13. Subsections (1) and (2) of section
27 384.287, Florida Statutes, are amended to read:
28 384.287 Screening for sexually transmissible
29 disease.--
30 (1) An officer as defined in s. 943.10(14); support
31 personnel as defined in s. 943.10(11), including, but not
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1 limited to, any crime scene analyst, forensic technologist, or
2 crime laboratory analyst; firefighter as defined in s. 633.30;
3 or ambulance driver, paramedic, or emergency medical
4 technician as defined in s. 401.23; or an individual acting
5 under the direction of any person listed in this subsection,
6 acting within the scope of employment, who comes into contact
7 with a person in such a way that significant exposure, as
8 defined in s. 381.004, has occurred may request that the
9 person be screened for a sexually transmissible disease that
10 can be transmitted through a significant exposure.
11 (2) If the person will not voluntarily submit to
12 screening, the officer, support personnel, firefighter,
13 ambulance driver, paramedic, or emergency medical technician;
14 the individual acting under the direction of any person listed
15 in this subsection;, or the employer of any such person acting
16 on behalf of the employee, may seek a court order directing
17 that the person who is the source of the significant exposure
18 submit to screening. A sworn statement by a physician licensed
19 under chapter 458 or chapter 459 that a significant exposure
20 has occurred and that, in the physician's medical judgment,
21 the screening is medically necessary to determine the course
22 of treatment for the employee, constitutes probable cause for
23 the issuance of the order by the court.
24 Section 14. Copyright by the Department of Law
25 Enforcement; notice to Department of State.--
26 (1) Notwithstanding any other law to the contrary, the
27 Department of Law Enforcement may, in its own name:
28 (a) Perform all things necessary to secure a copyright
29 on any legitimately acquired work product and enforce the
30 department's rights with respect to a copyrighted work
31 product.
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1 (b) License, lease, assign, or otherwise give written
2 consent to any person, firm, or corporation for the
3 publication, manufacture, or use of any product protected by
4 copyright, whether on a royalty basis or for any other
5 consideration the department deems proper.
6 (c) Take any action necessary, including legal action,
7 to enforce its rights under any agreement and protect its
8 property rights from improper or unlawful use or infringement.
9 (d) Enforce the collection of any payments or other
10 obligations due the department for the manufacture or use of
11 any product by any other party.
12 (e) Sell any product, except where otherwise provided
13 by public records laws, which the department may create or
14 cause to be created, whether or not the product is protected
15 by a department copyright, and to execute all instruments
16 necessary to consummate any such sale.
17 (f) Do all other acts necessary and proper for the
18 execution of powers and duties conferred upon the department
19 under this section.
20 (2) The Department of Law Enforcement shall notify the
21 Department of State in writing whenever property rights by
22 copyright are secured or exploited by the department.
23 (3) Any proceeds from the sale of a product or the
24 right to publish or use a product shall be deposited in the
25 Grants and Donations Trust Fund of the department and may be
26 appropriated to finance activities of the department.
27 (4) As used in this section, the term "work product"
28 includes any and all inventions, methodologies, techniques,
29 and creations that may be properly protected by copyright. The
30 term includes, but is not limited to, job-task analyses;
31 curricula developed for basic or postbasic training in the
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1 disciplines of law enforcement, corrections, and correctional
2 probation; support materials, including, but not limited to,
3 associated instructor or student guides, textbooks, computer
4 software, video materials, and electronic and digital
5 materials; and all other materials, regardless of form,
6 developed by or on behalf of the Criminal Justice Standards
7 and Training Commission to support the delivery of the basic
8 recruit or postbasic recruit training in the disciplines of
9 law enforcement, corrections, and correctional probation.
10 Section 15. Section 943.325, Florida Statutes, is
11 amended to read:
12 943.325 Blood specimen testing for DNA analysis.--
13 (1)(a) Any person convicted, or who was previously
14 convicted and is still incarcerated, in this state for any
15 offense or attempted offense defined in chapter 794, chapter
16 800, s. 782.04, s. 784.045, s. 812.133, or s. 812.135, and who
17 is within the confines of the legal state boundaries, shall be
18 required to submit two specimens of blood to a Department of
19 Law Enforcement designated testing facility as directed by the
20 department.
21 (b) For the purpose of this section, the term "any
22 person" shall include both juveniles and adults committed to
23 or under the supervision of the Department of Corrections or
24 the Department of Juvenile Justice or committed to a county
25 jail.
26 (2) The withdrawal of blood for purposes of this
27 section shall be performed in a medically approved manner and
28 only under the supervision of a physician, registered nurse,
29 licensed practical nurse, or duly licensed medical personnel.
30 (3) Upon a conviction of any person for any offense
31 under paragraph (1)(a) which results in the commitment of the
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1 offender to a county jail, correctional facility, or juvenile
2 facility, the entity responsible for the facility shall assure
3 that the blood specimens required by this section are promptly
4 secured and transmitted to the Department of Law Enforcement.
5 If the person is not incarcerated following such conviction,
6 the person may not be released from the custody of the court
7 or released pursuant to a bond or surety until the blood
8 specimens required by this section have been taken. The chief
9 judge of each circuit shall, in conjunction with the sheriff
10 or other entity that maintains the county jail, assure
11 implementation of a method to promptly collect required blood
12 specimens and forward the specimens to the Department of Law
13 Enforcement. The Department of Law Enforcement, in conjunction
14 with the sheriff, the courts, the Department of Corrections,
15 and the Department of Juvenile Justice, shall develop a
16 statewide protocol for securing the blood specimens of any
17 person required to provide specimens under this section.
18 Personnel at the jail, correctional facility, or juvenile
19 facility shall implement the protocol as part of the regular
20 processing of offenders.
21 (4) If any blood specimens submitted to the Department
22 of Law Enforcement under this section are found to be
23 unacceptable for analysis and use or cannot be used by the
24 department in the manner required by this section, the
25 Department of Law Enforcement may require that another set of
26 blood specimens be taken as set forth in subsection (11).
27 (5)(3) The Department of Law Enforcement shall provide
28 the specimen vials, mailing tubes, labels, and instructions
29 for the collection of blood specimens. The specimens shall
30 thereafter be forwarded to the designated testing facility for
31 analysis to determine genetic markers and characteristics for
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1 the purpose of individual identification of the person
2 submitting the sample.
3 (6)(4) The analysis, when completed, shall be entered
4 into the automated database maintained by the Department of
5 Law Enforcement for such purpose, and shall not be included in
6 the state central criminal justice information repository.
7 (7)(5) The results of a DNA analysis and the
8 comparison of analytic results shall be released only to
9 criminal justice agencies as defined in s. 943.045(10), at the
10 request of the agency. Otherwise, such information is
11 confidential and exempt from the provisions of s. 119.07(1)
12 and s. 24(a), Art. I of the State Constitution.
13 (8)(6) The Department of Law Enforcement and the
14 statewide criminal laboratory analysis system shall establish,
15 implement, and maintain a statewide automated personal
16 identification system capable of, but not limited to,
17 classifying, matching, and storing analyses of DNA
18 (deoxyribonucleic acid) and other biological molecules. The
19 system shall be available to all criminal justice agencies.
20 (9)(7) The Department of Law Enforcement shall:
21 (a) Receive, process, and store blood samples and the
22 data derived therefrom furnished pursuant to subsection (1) or
23 pursuant to a requirement of supervision imposed by the court
24 or the Parole Commission with respect to a person convicted of
25 any offense specified in subsection (1).
26 (b) Collect, process, maintain, and disseminate
27 information and records pursuant to this section.
28 (c) Strive to maintain or disseminate only accurate
29 and complete records.
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1 (d) Adopt rules prescribing the proper procedure for
2 state and local law enforcement and correctional agencies to
3 collect and submit blood samples pursuant to this section.
4 (10)(8)(a) The court shall include in the judgment of
5 conviction for an offense specified in this section, or a
6 finding that a person described in subsection (1) violated a
7 condition of probation, community control, or any other
8 court-ordered supervision, an order stating that blood
9 specimens are required to be drawn by the appropriate agency
10 in a manner consistent with this section and, unless the
11 convicted person lacks the ability to pay, the person shall
12 reimburse the appropriate agency for the cost of drawing and
13 transmitting the blood specimens to the Florida Department of
14 Law Enforcement. The reimbursement payment may be deducted
15 from any existing balance in the inmates's bank account. If
16 the account balance is insufficient to cover the cost of
17 drawing and transmitting the blood specimens to the Florida
18 Department of Law Enforcement, 50 percent of each deposit to
19 the account must be withheld until the total amount owed has
20 been paid. If the judgment places the convicted person on
21 probation, community control, or any other court-ordered
22 supervision, the court shall order the convicted person to
23 submit to the drawing of the blood specimens as a condition of
24 the probation, community control, or other court-ordered
25 supervision. For the purposes of a person who is on
26 probation, community control, or any other court-ordered
27 supervision, the collection requirement must be based upon a
28 court order. If the judgment sentences the convicted person
29 to time served, the court shall order the convicted person to
30 submit to the drawing of the blood specimens as a condition of
31 such sentence.
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1 (b) The appropriate agency shall cause the specimens
2 to be drawn as soon as practical after conviction but, in the
3 case of any person ordered to serve a term of incarceration as
4 part of the sentence, the specimen shall be drawn as soon as
5 practical after the receipt of the convicted person by the
6 custodial facility. For the purpose of this section, the
7 appropriate agency shall be the Department of Corrections
8 whenever the convicted person is committed to the legal and
9 physical custody of the department. Conviction information
10 contained in the offender information system of the Department
11 of Corrections shall be sufficient to determine applicability
12 under this section. The appropriate agency shall be the
13 sheriff or officer in charge of the county correctional
14 facility whenever the convicted person is placed on probation,
15 community control, or any other court-ordered supervision or
16 form of supervised release or is committed to the legal and
17 physical custody of a county correctional facility.
18 (c) Any person previously convicted of an offense
19 specified in this section, or a crime which, if committed in
20 this state, would be an offense specified in this section, and
21 who is also subject to the registration requirement imposed by
22 s. 775.13, shall be subject to the collection requirement of
23 this section when the appropriate agency described in this
24 section verifies the identification information of the person.
25 The collection requirement of this section does not apply to a
26 person as described in s. 775.13(5).
27 (d) For the purposes of this section, conviction shall
28 include a finding of guilty, or entry of a plea of nolo
29 contendere or guilty, regardless of adjudication or, in the
30 case of a juvenile, the finding of delinquency.
31
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1 (e) If necessary, the state or local law enforcement
2 or correctional agency having authority over the person
3 subject to the sampling under this section shall assist in the
4 procedure. The law enforcement or correctional officer so
5 assisting may use reasonable force if necessary to require
6 such person to submit to the withdrawal of blood. The
7 withdrawal shall be performed in a reasonable manner. A
8 hospital, clinical laboratory, medical clinic, or similar
9 medical institution; a physician, certified paramedic,
10 registered nurse, licensed practical nurse, or other personnel
11 authorized by a hospital to draw blood; a licensed clinical
12 laboratory director, supervisor, technologist, or technician;
13 or any other person who assists a law enforcement officer is
14 not civilly or criminally liable as a result of withdrawing
15 blood specimens according to accepted medical standards when
16 requested to do so by a law enforcement officer or any
17 personnel of a jail, correctional facility, or juvenile
18 detention facility, regardless of whether the convicted person
19 resisted the drawing of blood specimens.
20 (11) If the Department of Law Enforcement determines
21 that a convicted person who is required to submit blood
22 specimens under this section has not provided the specimens,
23 the department, a state attorney, or any law enforcement
24 agency may apply to the circuit court for an order that
25 authorizes taking the convicted person into custody for the
26 purpose of securing the required specimens. The court shall
27 issue the order upon a showing of probable cause. Following
28 issuance of the order, the convicted person shall be
29 transported to a location acceptable to the agency that has
30 custody of the person, the blood specimens shall be withdrawn
31 in a reasonable manner, and the person shall be released if
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1 there if no other reason to justify retaining the person in
2 custody. The agency that takes the convicted person into
3 custody may, but is not required to, transport the person back
4 to the location where the person was taken into custody.
5 (12) Unless the convicted person has been declared
6 indigent by the court, the convicted person shall pay the
7 actual costs of collecting the blood specimens required under
8 this section.
9 (13) If a court, a law enforcement agency, or the
10 Department of Law Enforcement fails to strictly comply with
11 this section or to abide by a statewide protocol for
12 collecting blood specimens, such failure is not grounds for
13 challenging the validity of the collection or the use of a
14 specimen, and evidence based upon or derived from the
15 collected blood specimens may not be excluded by a court.
16 Section 16. This act shall take effect July 1, 1998.
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1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 Senate Bill 1378
3
4 . Clarifies that FDLE is the custodial manager of the
statewide telecommunications and data network developed
5 by the CJJIS Council.
6 . Clarifies that the responsibilities of state-operated
crime laboratories are primarily with the prosecution.
7
. Clarifies that state-operated laboratory services are
8 available to the defense if it is shown that the services
sought are material to the defendant, not unduly
9 burdensome on the laboratory, and cannot be obtained from
any other private laboratory in the state.
10
. Requires the court ordering laboratory services for a
11 defendant to impose laboratory costs upon the defendant.
12 . Requires the results of laboratory services performed for
a defendant to be shared with both the defense and
13 prosecution.
14 . Authorizes crime scene analysts, forensic technicians,
and laboratory analysts to request offenders to take a
15 test for sexually transmitted diseases where there has
been "significant exposure."
16
. Authorizes such analysts and technicians to obtain a
17 court order that would permit a person to be taken into
custody where there is probable cause to believe that
18 there was significant exposure and the person refused to
take a test.
19
. Authorizes the department to copyright any of its work
20 products and enforce the department's rights with regard
to its copyrighted work products.
21
. Requires the department to deposit all proceeds from
22 copyrighted materials into the department's Grants and
Donations Trust Fund.
23
. Establishes protocol for the collection of blood samples
24 at the local level from offenders who are required to
submit samples for the DNA database.
25
. Requires specified agencies to develop a statewide
26 protocol for securing blood specimens of any person
required to provide specimens.
27
. Provides authority to the department to require another
28 set of samples to be taken from a convicted person if
previous samples are unusable.
29
. Authorizes certain persons and entities to petition the
30 court to order a convicted person to be taken into
custody to secure required blood specimens if the
31 department determines that a person required to give a
sample failed to do so.
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1 . Requires a convicted person who is required to give a
blood sample to pay the actual costs of collecting the
2 blood specimen unless a court has declared the person
indigent.
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