House Bill 3571
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Florida House of Representatives - 1998 HB 3571
By the Committee on Law Enforcement & Public Safety and
Representative Futch
1 A bill to be entitled
2 An act relating to the Department of Law
3 Enforcement; amending s. 20.201, F.S.;
4 providing additional authority for the
5 executive director of the department with
6 respect to the organization of the department;
7 providing for the department to be reorganized
8 into specified programs; deleting the division
9 structure of the department; amending s.
10 943.01, F.S.; revising the short title of ch.
11 943, F.S.; amending s. 943.03, F.S., relating
12 to department employees; conforming provisions
13 to changes made by the act; deleting obsolete
14 provisions; requiring the department to develop
15 and maintain an information system; amending s.
16 943.04, F.S.; redesignating the Division of
17 Criminal Investigation within the department as
18 the Criminal Justice Investigations and
19 Forensic Science Program; providing for
20 supervision of the program; providing
21 additional duties of the department with
22 respect to the operation of the program;
23 amending s. 943.05, F.S.; redesignating the
24 Division of Criminal Justice Information
25 Systems within the department as the Criminal
26 Justice Information Program; providing for
27 supervision of the program; amending s.
28 943.051, F.S., relating to criminal justice
29 information; conforming provisions to changes
30 made by the act; authorizing the department to
31 enter into contracts; providing that disclosure
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1 of confidential information pursuant to such a
2 contract does not waive any requirements of
3 confidentiality; amending s. 943.0515, F.S.,
4 relating to criminal history records of minors;
5 conforming provisions to changes made by the
6 act; conforming cross references; amending s.
7 943.052, F.S.; deleting a requirement that
8 certain agencies inform the department of
9 persons incarcerated or released from jail;
10 amending ss. 943.0525, 943.053, 943.055,
11 943.056, and 943.08, F.S., relating to criminal
12 justice information, criminal history records,
13 and the Criminal and Juvenile Justice
14 Information Systems Council; conforming
15 provisions to changes made by the act; amending
16 s. 943.09, F.S.; redesignating the Division of
17 Criminal Justice Standards and Training within
18 the department as the Criminal Justice
19 Professionalism Program; providing for
20 supervision of the program; amending ss.
21 943.10, 943.133, 943.17, 943.173, 943.25,
22 943.32, and 943.355, F.S., relating to
23 definitions, employment qualifications,
24 training programs, examinations, the Criminal
25 Justice Standards and Training Trust Fund, the
26 criminal analysis laboratory system, and the
27 Florida Crime Laboratory Council; conforming
28 provisions to changes made by the act; amending
29 s. 943.35, F.S.; deleting the eligibility for
30 state funding for a criminal analysis
31 laboratory; amending s. 938.07, F.S., relating
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1 to a fine imposed for driving under the
2 influence; conforming provisions to changes
3 made by the act; amending s. 316.640, F.S.,
4 relating to enforcement of traffic laws;
5 conforming provisions to changes made by the
6 act; repealing ss. 943.26 and 943.381, F.S.,
7 relating to the Division of Local Law
8 Enforcement Assistance and the Division of
9 Staff Services within the department; providing
10 an effective date.
11
12 Be It Enacted by the Legislature of the State of Florida:
13
14 Section 1. Section 20.201, Florida Statutes, is
15 amended to read:
16 20.201 Department of Law Enforcement.--
17 (1) There is created a Department of Law Enforcement.
18 The head of the department is the Governor and Cabinet. The
19 executive director of the department shall be appointed by the
20 Governor with the approval of three members of the Cabinet and
21 subject to confirmation by the Senate. The executive director
22 shall serve at the pleasure of the Governor and Cabinet. The
23 executive director may establish a command, operational, and
24 administrative services structure to assist and support the
25 department in operating programs and delivering services.
26 (2) The following programs divisions of the Department
27 of Law Enforcement are established:
28 (a) Criminal Justice Investigations and Forensic
29 Science Program.
30 (b) Criminal Justice Information Program.
31 (c) Criminal Justice Professionalism Program.
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1 (a) Division of Criminal Investigation.
2 (b) Division of Local Law Enforcement Assistance.
3 (c) Division of Criminal Justice Information Systems.
4 (d) Division of Criminal Justice Standards and
5 Training.
6 (e) Division of Staff Services.
7 Section 2. Section 943.01, Florida Statutes, is
8 amended to read:
9 943.01 Short title.--This chapter may be cited shall
10 be known as the "Department of Law Enforcement Act of 1974."
11 Section 3. Subsections (3) and (12) of section 943.03,
12 Florida Statutes, are amended, and subsection (13) is added to
13 that section, to read:
14 943.03 Department of Law Enforcement.--
15 (3) The department shall employ such administrative,
16 clerical, technical, and professional personnel, including
17 division directors as hereinafter provided, as are may be
18 required, at salaries to be established by the department, to
19 perform such duties as the department may prescribe.
20 (12) The department may establish, implement, and
21 maintain a statewide, integrated violent crime information
22 system capable of transmitting criminal justice information
23 relating to violent criminal offenses to and between criminal
24 justice agencies throughout the state. In consultation with
25 the Florida Violent Crime Council, the department is
26 authorized to initiate a pilot project in order to demonstrate
27 and test such a system. The council must report on the status
28 of the development of the statewide, integrated violent crime
29 information system in the council's annual report due on
30 December 30, 1993.
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1 (13) The department shall develop and maintain, in
2 consultation with the Criminal and Juvenile Justice
3 Information Systems Council under s. 943.08, an information
4 system that supports the administration of the state's
5 criminal and juvenile justice system in compliance with this
6 chapter and other provisions of law. The department shall
7 serve as custodial manager of the statewide telecommunications
8 and data network developed and maintained as part of the
9 information system authorized by this subsection.
10 Section 4. Section 943.04, Florida Statutes, is
11 amended to read:
12 943.04 Criminal Justice Investigations and Forensic
13 Science Program Division of Criminal Investigation; creation;
14 investigative, forensic, and related authority.--
15 (1) There is created a Criminal Justice Investigations
16 and Forensic Science Program Division of Criminal
17 Investigation within the Department of Law Enforcement. The
18 program division shall be supervised by personnel a director
19 who shall be employed by the department upon the
20 recommendation of the executive director. Such personnel It
21 shall be the duty of the director to supervise, direct,
22 coordinate, and administer all activities of the program which
23 are assigned by the executive director division.
24 (2)(a) In carrying out the investigative services of
25 the Criminal Justice Investigations and Forensic Science
26 Program and under appropriate rules and regulations adopted by
27 the department, or upon written order of the Governor, or by
28 direction of the Legislature acting by a concurrent
29 resolution, and at the direction of the executive director,
30 the department Division of Criminal Investigation may
31 investigate violations of any of the criminal laws of the
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1 state, and shall have authority to bear arms, make arrests and
2 apply for, serve and execute search warrants, arrest warrants,
3 capias, and other process of the court.
4 (b) Investigations may also be conducted in connection
5 with the faithful execution and effective enforcement of the
6 laws of the state with reference to organized crime, vice,
7 racketeering, rioting, inciting to riot, and insurrection.
8 (c) The department Division of Criminal Investigation
9 may also engage in such other investigative activities as will
10 aid local law enforcement officers in preventing or solving
11 crimes and controlling criminal activity.
12 (d) All investigators employed by the department shall
13 be considered law enforcement officers for all purposes. The
14 executive director shall have the authority to designate the
15 person occupying any appropriate position within the
16 department as a law enforcement officer, if such person is
17 qualified under the department's personnel regulations
18 relating to agents and is certified pursuant to s.
19 943.1395(1), and all persons thus employed by the department
20 shall be considered law enforcement officers for all purposes
21 and shall be entitled to the privileges, protection, and
22 benefits of ss. 112.19, 121.051, 122.34, and 870.05.
23 (3) Whenever it shall appear to the department that
24 there is cause for the prosecution of a crime, the department
25 shall refer the evidence of such crime to the officials
26 authorized to conduct the prosecution.
27 (4)(a) The department is authorized to establish
28 regional violent crime investigation coordinating teams
29 composed of persons including, but not limited to, forensic
30 investigators and law enforcement officers from both state and
31
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1 local criminal justice agencies. The functions of a regional
2 violent crime investigation coordinating team include:
3 1. Responding to violent crimes in a timely and
4 comprehensive manner, utilizing analytic, forensic,
5 investigative, and technical expertise and equipment to
6 provide key support to local law enforcement agencies
7 undertaking difficult violent crime investigations.
8 2. Facilitating communication and coordination among
9 state and local criminal justice agencies, including
10 facilitating and coordinating the use of state law enforcement
11 resources for concentrated task force efforts in violent crime
12 investigations constituting emergency situations within the
13 region.
14 (b) Upon the request of a sheriff, a police chief, or
15 other appropriate law enforcement administrator, the executive
16 director may deploy a regional violent crime investigation
17 team to assist a law enforcement agency in a violent crime
18 investigation.
19 (5) In carrying out the services of the Criminal
20 Justice Investigations and Forensic Science Program and under
21 appropriate rules adopted by the department, the department
22 may:
23 (a) Adopt and recommend cooperative policies for
24 coordinating the law enforcement work of all state, county,
25 and municipal agencies that are responsible for law
26 enforcement.
27 (b) Assist local law enforcement agencies by providing
28 consultation, research, and planning assistance, training, and
29 field technical services and engage in other activities to aid
30 local law enforcement officers in preventing and solving
31 crimes and controlling criminal activity.
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1 (c) Provide forensic services to state, local, and
2 other law enforcement agencies and criminal justice agencies
3 and, by rule, adopt policies, procedures, and standards for
4 operating state-operated crime laboratories.
5 Section 5. Section 943.05, Florida Statutes, is
6 amended to read:
7 943.05 Division of Criminal Justice Information
8 Program Systems; duties; crime reports.--
9 (1) There is created a Division of Criminal Justice
10 Information Program Systems within the Department of Law
11 Enforcement. The program division shall be supervised by
12 personnel a director who shall be employed by the department
13 upon the recommendation of the executive director. Such
14 personnel shall supervise, direct, coordinate, and administer
15 activities of the program which are assigned by the executive
16 director.
17 (2) The program division shall:
18 (a) Establish and maintain a communication system
19 capable of transmitting criminal justice information to and
20 between criminal justice agencies.
21 (b) Establish, implement, and maintain a statewide
22 automated fingerprint identification system capable of, but
23 not limited to, reading, classifying, matching, and storing
24 fingerprints, rolled fingerprints, and latent fingerprints.
25 The system shall be available to every criminal justice agency
26 that is responsible for the administration of criminal
27 justice.
28 (c) Initiate a crime information system that which
29 shall be responsible for:
30 1. Preparing and disseminating semiannual reports to
31 the Governor, the Legislature, all criminal justice agencies,
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1 and, upon request, the public. Each report shall include, but
2 not be limited to, types of crime reported, offenders,
3 arrests, and victims.
4 2. Upon request, providing other states and federal
5 criminal justice agencies with Florida crime data. Where
6 convenient, such data shall conform to definitions established
7 by the requesting agencies.
8 3. In cooperation with other criminal justice
9 agencies, developing and maintaining an offender-based
10 transaction system.
11 (d) Adopt rules to effectively and efficiently
12 implement, administer, manage, maintain, and use the automated
13 fingerprint identification system and uniform offense reports
14 and arrest reports. The rules shall be considered minimum
15 requirements and shall not preclude a criminal justice agency
16 from implementing its own enhancements.
17 (e) Establish, implement, and maintain a Domestic and
18 Repeat Violence Injunction Statewide Verification System
19 capable of electronically transmitting information to and
20 between criminal justice agencies relating to domestic
21 violence injunctions and repeat violence injunctions issued by
22 the courts throughout the state. Such information must
23 include, but is not limited to, information as to the
24 existence and status of any such injunction for verification
25 purposes.
26 (f) Establish, implement, and maintain a system for
27 transmitting to and between criminal justice agencies
28 information about writs of bodily attachment issued in
29 connection with a court-ordered child support obligation. Such
30 information shall include, but not be limited to, information
31 necessary to identify the respondents and serve the writs.
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1 Section 6. Subsections (1) and (2) and paragraph (a)
2 of subsection (3) of section 943.051, Florida Statutes, are
3 amended, and subsection (5) is added to that section, to read:
4 943.051 Criminal justice information; collection and
5 storage; fingerprinting.--
6 (1) The Division of Criminal Justice Information
7 Program Systems, acting as the state's central criminal
8 justice information repository, shall:
9 (a) Collect, process, store, maintain, and disseminate
10 criminal justice information and records necessary to the
11 operation of the criminal justice information system of the
12 department.
13 (b) Develop systems that inform one criminal justice
14 agency of the criminal justice information held or maintained
15 by other criminal justice agencies.
16 (2) Each adult person charged with or convicted of a
17 felony, misdemeanor, or violation of a comparable ordinance by
18 a state, county, municipal, or other law enforcement agency
19 shall be fingerprinted, and such fingerprints shall be
20 submitted to the department in the manner prescribed by rule.
21 Exceptions to this requirement for specified misdemeanors or
22 comparable ordinance violations may be made by the department
23 by rule.
24 (3)(a) A minor who is charged with or found to have
25 committed an offense that would be a felony if committed by an
26 adult shall be fingerprinted and the fingerprints shall be
27 submitted to the department in the manner prescribed by rule.
28 (5) The department is encouraged to develop innovative
29 and progressive methods of serving the information management
30 needs of criminal justice agencies and the public by providing
31 access to appropriate public criminal history information. The
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1 department may contract with other governmental agencies or
2 private entities for the purpose of facilitating the
3 department's responsibilities for receiving, maintaining,
4 managing, processing, allowing access to, and disseminating
5 criminal justice information, intelligence, and data; criminal
6 history records and information available only to criminal
7 justice agencies; and public criminal history information and
8 records. Any agency or entity under contract with the
9 department shall, as specified in the contract, be performing
10 the department's function as a criminal justice agency for
11 purposes of handling criminal justice information,
12 intelligence, data, histories, and other records, and
13 disclosure of such information to an agency or entity under
14 contract does not waive any confidentiality or exemption from
15 disclosure under s. 119.07 or any other applicable law.
16 Section 7. Subsection (1) of section 943.0515, Florida
17 Statutes, is amended to read:
18 943.0515 Retention of criminal history records of
19 minors.--
20 (1)(a) The Division of Criminal Justice Information
21 Program Systems shall retain the criminal history record of a
22 minor who is classified as a serious or habitual juvenile
23 offender under chapter 985 39 for 5 years after the date the
24 offender reaches 21 years of age, at which time the record
25 shall be expunged unless it meets the criteria of paragraph
26 (2)(a) or paragraph (2)(b).
27 (b) If the minor is not classified as a serious or
28 habitual juvenile under chapter 985 39, the program division
29 shall retain the minor's criminal history record for 5 years
30 after the date the minor reaches 19 years of age, at which
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1 time the record shall be expunged unless it meets the criteria
2 of paragraph (2)(a) or paragraph (2)(b).
3 Section 8. Section 943.052, Florida Statutes, is
4 amended to read:
5 943.052 Disposition reporting.--The Criminal Justice
6 Information Program division shall, by rule, establish
7 procedures and a format for each criminal justice agency to
8 monitor its records and submit reports, as provided by this
9 section, to the program division. The disposition report
10 shall be developed by the program division and shall include
11 the offender-based transaction system number.
12 (1) Each law enforcement officer or booking officer
13 shall include on the arrest fingerprint card the
14 offender-based transaction system number.
15 (2) Each clerk of the court shall submit the uniform
16 dispositions to the program division or in a manner acceptable
17 to the program division. The report shall be submitted at
18 least once a month and, when acceptable by the program
19 division, may be submitted in an automated format. The
20 disposition report is mandatory for dispositions relating to
21 adult offenders only.
22 (3)(a) The Department of Corrections shall submit
23 information to the program division relating to the receipt or
24 discharge of any person who is sentenced to a state
25 correctional institution.
26 (b) The Department of Juvenile Justice shall submit
27 information to the program division relating to the receipt or
28 discharge of any minor who is found to have committed an
29 offense that would be a felony if committed by an adult, or is
30 found to have committed a misdemeanor specified in s.
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1 943.051(3), and is committed to the custody of the Department
2 of Juvenile Justice.
3 (4) Each sheriff or unit of government or agent
4 thereof shall submit information to the division relating to
5 the receipt or discharge of any person who is sentenced to a
6 jail facility.
7 Section 9. Section 943.0525, Florida Statutes, is
8 amended to read:
9 943.0525 Criminal justice information systems; use by
10 state and local agencies.--As a condition of participating in
11 any criminal justice information system established by the
12 Criminal Justice Information Program division or of receiving
13 criminal justice information, state and local agencies shall
14 be required to execute appropriate user agreements and to
15 comply with applicable federal laws and regulations, this
16 chapter, and rules of the department. The program division
17 shall, by rule, adopt a user agreement that must which shall
18 include, but is not be limited to, compliance with the
19 provisions of s. 943.052. The user agreement between the
20 department and the criminal justice agency shall include
21 conspicuous language that any criminal justice agency's
22 failure to comply with laws, rules, and the user agreement
23 shall constitute grounds for immediate termination of
24 services. The department shall terminate the services to the
25 criminal justice agency until the agency is in compliance.
26 However, the department shall not terminate access to wanted
27 persons or wanted property record information services to a
28 law enforcement agency.
29 Section 10. Subsection (3) of section 943.053, Florida
30 Statutes, is amended to read:
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1 943.053 Dissemination of criminal justice information;
2 fees.--
3 (3) Criminal history information, including
4 information relating to minors juveniles, compiled by the
5 Division of Criminal Justice Information Program Systems from
6 intrastate sources shall be available on a priority basis to
7 criminal justice agencies for criminal justice purposes free
8 of charge and, otherwise, to governmental agencies not
9 qualified as criminal justice agencies or to private entities
10 on an approximate-cost basis. After providing the program
11 division with all known identifying information, persons in
12 the private sector may be provided criminal history
13 information upon tender of fees as established and in the
14 manner prescribed by rule of the Department of Law
15 Enforcement. Such fees shall approximate the actual cost of
16 producing the record information. Fees may be waived by the
17 executive director of the Department of Law Enforcement for
18 good cause shown.
19 Section 11. Section 943.055, Florida Statutes, is
20 amended to read:
21 943.055 Records and audit.--
22 (1) Criminal justice agencies disseminating criminal
23 justice information derived from a Department of Law
24 Enforcement criminal justice information system shall maintain
25 a record of dissemination in accordance with rules adopted
26 promulgated by the Department of Law Enforcement.
27 (2) The Division of Criminal Justice Information
28 Program Systems shall arrange for any audits of state and
29 local criminal justice agencies necessary to assure compliance
30 with federal laws and regulations, this chapter, and rules of
31 the Department of Law Enforcement pertaining to the
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1 establishment, operation, security, and maintenance of
2 criminal justice information systems.
3 Section 12. Subsections (1) and (2) of section
4 943.056, Florida Statutes, are amended to read:
5 943.056 Access to, review and challenge of, criminal
6 history records.--
7 (1) For purposes of verification of the accuracy and
8 completeness of a criminal history record, the Department of
9 Law Enforcement shall provide, in the manner prescribed by
10 rule, such record for review upon verification, by
11 fingerprints, of the identity of the requesting person. If a
12 minor, or the parent or legal guardian of a minor, requests a
13 copy of the minor's criminal history record, the Department of
14 Law Enforcement shall provide such copy for review upon
15 verification, by fingerprints, of the identity of the minor.
16 The providing of such record shall not require the payment of
17 any fees, except those provided for by federal regulations.
18 (2) Criminal justice agencies subject to chapter 120
19 shall be subject to hearings regarding those portions of
20 criminal history records for which the agency served as
21 originator. When it is determined what the record should
22 contain in order to be complete and accurate, the Division of
23 Criminal Justice Information Program Systems shall be advised
24 and shall conform state and federal records to the corrected
25 criminal history record information.
26 Section 13. Subsection (2) of section 943.08, Florida
27 Statutes, is amended to read:
28 943.08 Duties; Criminal and Juvenile Justice
29 Information Systems Council.--
30 (2) The council shall review proposed rules and
31 operating policies and procedures, and amendments thereto, of
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1 the Division of Criminal Justice Information Program Systems
2 and make recommendations to the executive director which shall
3 be represented in the meeting minutes of the council. In
4 addition, the council shall review proposed policies, rules,
5 and procedures relating to the information system of the
6 Department of Juvenile Justice and make recommendations to the
7 Secretary of Juvenile Justice or designated assistant who
8 shall attend council meetings. Those recommendations shall
9 relate to the following areas:
10 (a) The management control of criminal justice
11 information systems, criminal intelligence information
12 systems, and criminal investigative information systems
13 maintained by the department.
14 (b) The installation and operation of criminal justice
15 information systems, criminal intelligence information
16 systems, and criminal investigative information systems by the
17 department and the exchange of such information with other
18 criminal justice agencies of this state and other states,
19 including federal agencies.
20 (c) The operation and maintenance of computer hardware
21 and software within criminal justice information systems,
22 criminal intelligence information systems, and criminal
23 investigative information systems maintained by the
24 department.
25 (d) The operation, maintenance, and use of an
26 automated fingerprint identification system, including
27 interfacing with existing automated systems.
28 (e) The physical security of the system, to prevent
29 unauthorized disclosure of information contained in the system
30 and to ensure that the criminal justice information in the
31
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1 system is currently and accurately revised to include
2 subsequently revised information.
3 (f) The security of the system, to ensure that
4 criminal justice information, criminal intelligence
5 information, and criminal investigative information will be
6 collected, processed, stored, and disseminated in such manner
7 that it cannot be modified, destroyed, accessed, changed,
8 purged, or overlaid by unauthorized individuals or agencies.
9 (g) The purging, expunging, or sealing of criminal
10 justice information upon order of a court of competent
11 jurisdiction or when authorized by law.
12 (h) The dissemination of criminal justice information
13 to persons or agencies not associated with criminal justice
14 when such dissemination is authorized by law.
15 (i) The access to criminal justice information
16 maintained by any criminal justice agency by any person about
17 whom such information is maintained for the purpose of
18 challenge, correction, or addition of explanatory material.
19 (j) The training, which may be provided pursuant to s.
20 938.01, s. 938.15, or s. 943.25, of employees of the
21 department and other state and local criminal justice agencies
22 in the proper use and control of criminal justice information.
23 (k) The characteristics, structures, and linkages
24 needed to allow the access and utilization of information
25 among the various state, local, private, and federal agencies,
26 organizations, and institutions in the public safety system,
27 including, but not limited to, recommendations regarding:
28 1. The management control and administration of
29 juvenile justice data and information.
30 2. The installation and operation of local area
31 networks.
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1 3. The installation and operation of statewide area
2 networks.
3 4. Electronic mail and file transport.
4 5. The operation and maintenance of hardware and
5 software.
6 6. Access to juvenile justice information.
7 7. The security and integrity of the information
8 system.
9 8. Training of information system users and user
10 groups.
11 (l) Such other areas as relate to the collection,
12 processing, storage, and dissemination of criminal and
13 juvenile justice and other public safety system information,
14 criminal intelligence information, and criminal justice
15 investigative information, including the development of
16 criteria, policies, and procedures for the standardization of
17 criminal justice data and electronic transmission of such
18 data.
19 Section 14. Section 943.09, Florida Statutes, is
20 amended to read:
21 943.09 Division of Criminal Justice Professionalism
22 Program Standards and Training.--There is created a Division
23 of Criminal Justice Professionalism Program Standards and
24 Training within the Department of Law Enforcement. The program
25 shall be supervised by personnel who shall be employed by the
26 department upon the recommendation of the executive director.
27 Such personnel shall supervise, direct, coordinate, and
28 administer activities of the program which are assigned by the
29 executive director. Personnel employed by the program The
30 department shall employ a division director. However, the
31 executive director shall receive the advice of the commission
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1 prior to employing the division director. The division, as
2 the staff of the Criminal Justice Standards and Training
3 Commission, shall support and assist the commission in the
4 execution, administration, implementation, and evaluation of
5 its powers, duties, and functions under this chapter according
6 to acceptable and established departmental administrative,
7 managerial, and supervisory rules and policies. It is the duty
8 of the division director to supervise, direct, coordinate, and
9 administer all activities of the division.
10 Section 15. Subsection (12) of section 943.10, Florida
11 Statutes, is amended to read:
12 943.10 Definitions; ss. 943.085-943.255.--The
13 following words and phrases as used in ss. 943.085-943.255 are
14 defined as follows:
15 (12) "Program" "Division" means the Division of
16 Criminal Justice Professionalism Program Standards and
17 Training of the Department of Law Enforcement.
18 Section 16. Section 943.133, Florida Statutes, is
19 amended to read:
20 943.133 Responsibilities of employing agency,
21 commission, and program division with respect to compliance
22 with employment qualifications and the conduct of background
23 investigations; injunctive relief.--
24 (1) The employing agency is fully responsible for the
25 collection, verification, and maintenance of documentation
26 establishing that an applicant complies with the requirements
27 of ss. 943.13 and 943.131, and any rules adopted pursuant to
28 ss. 943.13 and 943.131 thereto.
29 (2) Prior to the employment or appointment of any
30 officer, the chief law enforcement or correctional officer
31 administrator or probation and parole regional administrator
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1 of the employing agency, or his or her designee, is required
2 to execute and maintain a registration affidavit-of-compliance
3 form adopted by the commission, attesting to compliance by the
4 employing agency with subsection (1). The affidavit shall be
5 executed under oath and constitutes an official statement
6 within the purview of s. 837.06. The affidavit shall include
7 conspicuous language that intentional false execution of the
8 affidavit constitutes a misdemeanor of the second degree. The
9 information contained in the registration
10 affidavit-of-compliance form must be submitted, or
11 electronically transmitted, to the commission.
12 (3) The commission shall adopt rules that establish
13 procedures for conducting background investigations. The
14 rules must specify a form for employing agencies to use to
15 document the findings of the background investigation. Before
16 employing or appointing any officer, the employing agency must
17 conduct a thorough background investigation in accordance with
18 the rules. The background information should include
19 information setting forth the facts and reasons for any of the
20 applicant's previous separations from private or public
21 employment or appointment, as the applicant understands them.
22 For the purposes of this subsection, the term "separation from
23 employment or appointment" includes any firing, termination,
24 resignation, retirement, or voluntary or involuntary extended
25 leave of absence from any salaried or nonsalaried position.
26 The employing agency must maintain the original background
27 investigation form, which must be signed by the administrator
28 of the employing agency or his or her designee.
29 (4) When the employing agency is a private entity
30 under contract to the county or the state pursuant to s.
31 944.105, s. 951.062, or chapter 957, the contracting agency
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1 shall be responsible for meeting the requirements of
2 subsections (1), (2), and (3).
3 (5) The commission may has the authority to inspect
4 and copy the documentation of an employing agency to ensure
5 compliance with subsection (1).
6 (6) If an employing agency employs or appoints an
7 officer in violation of this section or of s. 943.13, s.
8 943.131, or s. 943.135, or any rules adopted pursuant thereto,
9 the Department of Legal Affairs, at the request of the chair
10 of the commission, shall apply to the circuit court in the
11 county of the employing agency for injunctive relief
12 prohibiting the employment or appointment of the person
13 contrary to this section.
14 (7) The employing agency must annually submit
15 information to the commission, as specified by rule, relating
16 to all certified officers employed by or appointed to the
17 employing agency so that the commission may update its records
18 for all certified officers.
19 Section 17. Subsection (3) of section 943.17, Florida
20 Statutes, is amended to read:
21 943.17 Basic recruit, advanced, and career development
22 training programs; participation; cost; evaluation.--The
23 commission shall, by rule, design, implement, maintain,
24 evaluate, and revise job-related curricula and performance
25 standards for basic recruit, advanced, and career development
26 training programs and courses. The rules shall include, but
27 are not limited to, a methodology to assess relevance of the
28 subject matter to the job, student performance, and instructor
29 competency.
30 (3) The program division shall be responsible for the
31 accuracy of curriculum content through the identification and
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1 revision of typographical or grammatical errors, incorrect
2 statutory citations, or information which can be identified as
3 inaccurate by superior references. The commission shall be
4 advised of any revision, and a copy of revised curricula shall
5 be provided to all criminal justice training schools.
6 Section 18. Subsection (1) of section 943.173, Florida
7 Statutes, is amended to read:
8 943.173 Examinations; administration; materials not
9 public records; disposal of materials.--
10 (1) Each officer certification examination shall be
11 administered by the Criminal Justice Professionalism Program
12 division pursuant to s. 943.1397.
13 Section 19. Subsection (2), paragraphs (c) and (e) of
14 subsection (5), and subsection (9) of section 943.25, Florida
15 Statutes, are amended to read:
16 943.25 Criminal justice trust funds; source of funds;
17 use of funds.--
18 (2) There is created, within the Department of Law
19 Enforcement, the Criminal Justice Standards and Training Trust
20 Fund for the purpose of providing for the payment of necessary
21 and proper expenses incurred by the operation of the
22 commission and the Criminal Justice Professionalism Program
23 personnel assigned to support the commission, division and
24 providing commission-approved criminal justice advanced and
25 specialized training and criminal justice training school
26 enhancements, and of establishing the provisions of s. 943.17,
27 and developing the specific tests provided under s.
28 943.12(10). The program division shall administer the Criminal
29 Justice Standards and Training Trust Fund and shall report the
30 status of the fund at each regularly scheduled commission
31 meeting.
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1 (5) The commission shall authorize the establishment
2 of regional training councils to advise and assist the
3 commission in developing and maintaining a plan assessing
4 regional criminal justice training needs and to act as an
5 extension of the commission in the planning, programming, and
6 budgeting for expenditures of the moneys in the Criminal
7 Justice Standards and Training Trust Fund.
8 (c) By rule, the commission may establish criteria and
9 procedures for use by the program division and regions to
10 amend the approved plan when an emergency exists. The program
11 division shall, with the consent of the chair of the
12 commission, initially grant, modify, or deny the requested
13 amendment pending final approval by the commission. The
14 commission's plan and amendments thereto must comply with the
15 provisions of chapter 216.
16 (e) Commission members, regional training council
17 members, program division staff personnel, and other
18 authorized persons who are performing duties directly related
19 to the trust fund may be reimbursed for reasonable per diem
20 and travel expenses as provided in s. 112.061.
21 (9) The Executive Office of the Governor may approve,
22 for disbursement from funds appropriated to the Department of
23 Law Enforcement, Criminal Justice Standards and Training Trust
24 Fund, those sums necessary and required for the administration
25 of the program pursuant to subsection (2) division and
26 implementation of the training programs approved by the
27 commission.
28 Section 20. Subsection (2) of section 943.32, Florida
29 Statutes, is amended to read:
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1 943.32 Statewide criminal analysis laboratory
2 system.--There is established a statewide criminal analysis
3 laboratory system to be composed of:
4 (2) The existing locally funded laboratories in
5 Broward, Dade, Indian River, Monroe, Palm Beach, and Pinellas
6 Counties, specifically designated in s. 943.35 to be eligible
7 for state matching funds; and
8 Section 21. Subsection (1) of section 943.35, Florida
9 Statutes, is amended to read:
10 943.35 Funding for existing laboratories.--
11 (1) The following existing criminal analysis
12 laboratories are eligible for receipt of state funding:
13 (a) The Broward County Sheriff's Crime Laboratory;
14 (b) The Metro-Dade Police Department Crime Laboratory;
15 (c) The Indian River Crime Laboratory;
16 (d) The Monroe County Sheriff's Crime Laboratory;
17 (d)(e) The Palm Beach County Crime Laboratory; and
18 (e)(f) The Pinellas County Forensic Laboratory.
19 Section 22. Subsection (1) of section 943.355, Florida
20 Statutes, is amended to read:
21 943.355 Florida Crime Laboratory Council.--There is
22 created a Florida Crime Laboratory Council within the
23 department.
24 (1) The council shall be composed of 10 members,
25 consisting of the agency heads of the existing laboratories
26 specified in s. 943.35(1)(a)-(e) (a)-(f), the president of the
27 state attorney's association, the Attorney General or his or
28 her designee, and two members to be appointed by the Governor
29 consisting of a medical examiner and a circuit judge of the
30 criminal court.
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1 Section 23. Section 938.07, Florida Statutes, is
2 amended to read:
3 938.07 Driving under the influence.--Notwithstanding
4 any other provision of s. 316.193, a court cost of $135 shall
5 be added to any fine imposed pursuant to s. 316.193, of which
6 $25 shall be deposited in the Emergency Medical Services Trust
7 Fund, $50 shall be deposited in the Criminal Justice Standards
8 and Training Trust Fund of the Department of Law Enforcement
9 to be used for operational expenses of the Division of Local
10 Law Enforcement Assistance in conducting the statewide
11 criminal analysis laboratory system established in s. 943.32,
12 and $60 shall be deposited in the Brain and Spinal Cord Injury
13 Rehabilitation Trust Fund created in s. 413.613.
14 Section 24. Paragraph (a) of subsection (4) of section
15 316.640, Florida Statutes, is amended to read:
16 316.640 Enforcement.--The enforcement of the traffic
17 laws of this state is vested as follows:
18 (4)(a) Any sheriff's department, or any police
19 department of a municipality, may employ as a traffic control
20 officer any individual who successfully completes at least 8
21 hours of instruction in traffic control procedures through a
22 program approved by the Division of Criminal Justice
23 Professionalism Program Standards and Training of the
24 Department of Law Enforcement, or through a similar program
25 offered by the local sheriff's department or police
26 department, but who does not necessarily otherwise meet the
27 uniform minimum standards established by the Criminal Justice
28 Standards and Training Commission for law enforcement officers
29 or auxiliary law enforcement officers under s. 943.13. A
30 traffic control officer employed pursuant to this subsection
31 may direct traffic or operate a traffic control device only at
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1 a fixed location and only upon the direction of a fully
2 qualified law enforcement officer; however, it is not
3 necessary that the traffic control officer's duties be
4 performed under the immediate supervision of a fully qualified
5 law enforcement officer.
6 Section 25. Sections 943.26 and 943.381, Florida
7 Statutes, are repealed.
8 Section 26. This act shall take effect July 1 of the
9 year in which enacted.
10
11 *****************************************
12 LEGISLATIVE SUMMARY
13
Revises the organizational structure of the Department of
14 Law Enforcement so that the department is composed of the
Criminal Justice Investigations and Forensic Science
15 Program, the Criminal Justice Information Program, and
the Criminal Justice Professionalism Program. Abolishes
16 the five divisions within the department which are headed
by division directors. Provides for the newly established
17 programs to be supervised by personnel employed by the
department at the recommendation of the executive
18 director of the department. Authorizes the department to
contract for certain information services. (See bill for
19 details.)
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