Senate Bill 0486c1

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    Florida Senate - 1998                            CS for SB 486

    By the Committee on Criminal Justice and Senator Silver





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  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 title of ch. 943,

11         F.S.; amending s. 943.03, F.S., relating to

12         department employees; conforming provisions to

13         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; amending s. 943.052, F.S.; deleting a

  7         requirement that certain agencies inform the

  8         department of persons incarcerated or released

  9         from jail; amending ss. 943.0525, 943.053,

10         943.055, 943.056, 943.057, 943.08, F.S.,

11         relating to criminal justice information,

12         criminal history records, and the Criminal and

13         Juvenile Justice Information Systems Council;

14         conforming provisions to changes made by the

15         act; amending s. 943.09, F.S.; redesignating

16         the Division of Criminal Justice Standards and

17         Training within the department as the Criminal

18         Justice Professionalism Program; providing for

19         supervision of the program; amending ss.

20         943.10, 943.133, 943.17, 943.173, 943.25, F.S.,

21         relating to definitions, employment

22         qualifications, training programs,

23         examinations, and the Criminal Justice

24         Standards and Training Trust Fund; conforming

25         provisions to changes made by the act; amending

26         s. 943.35, F.S.; deleting the eligibility for

27         state funding for a criminal analysis

28         laboratory; amending s. 938.07, F.S., relating

29         to a fine imposed for driving under the

30         influence; conforming provisions to changes

31         made by the act; repealing ss. 943.26, 943.381,

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  1         F.S., relating to the Division of Local Law

  2         Enforcement Assistance and the Division of

  3         Staff Services within the department; providing

  4         an effective date.

  5

  6  Be It Enacted by the Legislature of the State of Florida:

  7

  8         Section 1.  Section 20.201, Florida Statutes, is

  9  amended to read:

10         20.201  Department of Law Enforcement.--

11         (1)  There is created a Department of Law Enforcement.

12  The head of the department is the Governor and Cabinet.  The

13  executive director of the department shall be appointed by the

14  Governor with the approval of three members of the Cabinet and

15  subject to confirmation by the Senate.  The executive director

16  shall serve at the pleasure of the Governor and Cabinet. The

17  executive director may establish a command, operational, and

18  administrative services structure to assist, manage, and

19  support the department in operating programs and delivering

20  services.

21         (2)  The following programs divisions of the Department

22  of Law Enforcement are established:

23         (a)  Criminal Justice Investigations and Forensic

24  Science Program.

25         (b)  Criminal Justice Information Program.

26         (c)  Criminal Justice Professionalism Program.

27         (a)  Division of Criminal Investigation.

28         (b)  Division of Local Law Enforcement Assistance.

29         (c)  Division of Criminal Justice Information Systems.

30         (d)  Division of Criminal Justice Standards and

31  Training.

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  1         (e)  Division of Staff Services.

  2         Section 2.  Section 943.01, Florida Statutes, is

  3  amended to read:

  4         943.01  Short title.--This chapter may be cited shall

  5  be known as the "Department of Law Enforcement Act of 1974."

  6         Section 3.  Subsections (3) and (12) of section 943.03,

  7  Florida Statutes, are amended, and subsection (13) is added to

  8  that section, to read:

  9         943.03  Department of Law Enforcement.--

10         (3)  The department shall employ such administrative,

11  clerical, technical, and professional personnel, including

12  division directors as hereinafter provided, as are may be

13  required, at salaries to be established by the department, to

14  perform such duties as the department may prescribe.

15         (12)  The department may establish, implement, and

16  maintain a statewide, integrated violent crime information

17  system capable of transmitting criminal justice information

18  relating to violent criminal offenses to and between criminal

19  justice agencies throughout the state.  In consultation with

20  the Florida Violent Crime Council, the department is

21  authorized to initiate a pilot project in order to demonstrate

22  and test such a system.  The council must report on the status

23  of the development of the statewide, integrated violent crime

24  information system in the council's annual report due on

25  December 30, 1993.

26         (13)  Subject to sufficient annual appropriations, the

27  department shall develop and maintain, in consultation with

28  the Criminal and Juvenile Justice Information Systems Council

29  under s. 943.08, an information system that supports the

30  administration of the state's criminal and juvenile justice

31  system in compliance with this chapter and other provisions of

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  1  law. The department shall serve as custodial manager of the

  2  statewide telecommunications and data network developed and

  3  maintained as part of the information system authorized by

  4  this subsection.

  5         Section 4.  Section 943.04, Florida Statutes, is

  6  amended to read:

  7         943.04  Criminal Justice Investigations and Forensic

  8  Science Program Division of Criminal Investigation; creation;

  9  investigative, forensic, and related authority.--

10         (1)  There is created a Criminal Justice Investigations

11  and Forensic Science Program Division of Criminal

12  Investigation within the Department of Law Enforcement.  The

13  program division shall be supervised by personnel a director

14  who shall be employed by the department upon the

15  recommendation of the executive director. Such personnel It

16  shall be the duty of the director to supervise, direct,

17  coordinate, and administer all activities of the program which

18  are assigned by the executive director division.

19         (2)(a)  In carrying out the investigative services of

20  the Criminal Justice Investigations and Forensic Science

21  Program and under appropriate rules and regulations adopted by

22  the department, or upon written order of the Governor, or by

23  direction of the Legislature acting by a concurrent

24  resolution, and at the direction of the executive director,

25  the department Division of Criminal Investigation may

26  investigate violations of any of the criminal laws of the

27  state, and shall have authority to bear arms, make arrests and

28  apply for, serve and execute search warrants, arrest warrants,

29  capias, and other process of the court.

30         (b)  Investigations may also be conducted in connection

31  with the faithful execution and effective enforcement of the

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  1  laws of the state with reference to organized crime, vice,

  2  racketeering, rioting, inciting to riot, and insurrection.

  3         (c)  The department Division of Criminal Investigation

  4  may also engage in such other investigative activities as will

  5  aid local law enforcement officers in preventing or solving

  6  crimes and controlling criminal activity.

  7         (d)  All investigators employed by the department shall

  8  be considered law enforcement officers for all purposes.  The

  9  executive director shall have the authority to designate the

10  person occupying any appropriate position within the

11  department as a law enforcement officer, if such person is

12  qualified under the department's personnel regulations

13  relating to agents and is certified pursuant to s.

14  943.1395(1), and all persons thus employed by the department

15  shall be considered law enforcement officers for all purposes

16  and shall be entitled to the privileges, protection, and

17  benefits of ss. 112.19, 121.051, 122.34, and 870.05.

18         (3)  Whenever it shall appear to the department that

19  there is cause for the prosecution of a crime, the department

20  shall refer the evidence of such crime to the officials

21  authorized to conduct the prosecution.

22         (4)(a)  The department is authorized to establish

23  regional violent crime investigation coordinating teams

24  composed of persons including, but not limited to, forensic

25  investigators and law enforcement officers from both state and

26  local criminal justice agencies. The functions of a regional

27  violent crime investigation coordinating team include:

28         1.  Responding to violent crimes in a timely and

29  comprehensive manner, utilizing analytic, forensic,

30  investigative, and technical expertise and equipment to

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  1  provide key support to local law enforcement agencies

  2  undertaking difficult violent crime investigations.

  3         2.  Facilitating communication and coordination among

  4  state and local criminal justice agencies, including

  5  facilitating and coordinating the use of state law enforcement

  6  resources for concentrated task force efforts in violent crime

  7  investigations constituting emergency situations within the

  8  region.

  9         (b)  Upon the request of a sheriff, a police chief, or

10  other appropriate law enforcement administrator, the executive

11  director may deploy a regional violent crime investigation

12  team to assist a law enforcement agency in a violent crime

13  investigation.

14         (5)  In carrying out the services of the Criminal

15  Justice Investigations and Forensic Science Program and under

16  appropriate rules and regulations adopted by the department,

17  the department may:

18         (a)  Adopt and recommend cooperative policies for

19  coordinating the law enforcement work of all state, county,

20  and municipal agencies that are responsible for law

21  enforcement.

22         (b)  Assist local law enforcement agencies by providing

23  consultation, research, and planning assistance, training, and

24  field technical services and engage in other activities to aid

25  local law enforcement officers in preventing and solving

26  crimes and controlling criminal activity.

27         (c)  Provide forensic services to state, local, and

28  other law enforcement agencies and criminal justice agencies

29  and adopt policies, procedures, and standards for operating

30  state-operated crime laboratories.

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  1         Section 5.  Section 943.05, Florida Statutes, is

  2  amended to read:

  3         943.05  Division of Criminal Justice Information

  4  Program Systems; duties; crime reports.--

  5         (1)  There is created a Division of Criminal Justice

  6  Information Program Systems within the Department of Law

  7  Enforcement.  The program division shall be supervised by

  8  personnel a director who shall be employed by the department

  9  upon the recommendation of the executive director. Such

10  personnel shall supervise, direct, coordinate, and administer

11  activities of the program which are assigned by the executive

12  director.

13         (2)  The program division shall:

14         (a)  Establish and maintain a communication system

15  capable of transmitting criminal justice information to and

16  between criminal justice agencies.

17         (b)  Establish, implement, and maintain a statewide

18  automated fingerprint identification system capable of, but

19  not limited to, reading, classifying, matching, and storing

20  fingerprints, rolled fingerprints, and latent fingerprints.

21  The system shall be available to every criminal justice agency

22  that is responsible for the administration of criminal

23  justice.

24         (c)  Initiate a crime information system that which

25  shall be responsible for:

26         1.  Preparing and disseminating semiannual reports to

27  the Governor, the Legislature, all criminal justice agencies,

28  and, upon request, the public. Each report shall include, but

29  not be limited to, types of crime reported, offenders,

30  arrests, and victims.

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  1         2.  Upon request, providing other states and federal

  2  criminal justice agencies with Florida crime data.  Where

  3  convenient, such data shall conform to definitions established

  4  by the requesting agencies.

  5         3.  In cooperation with other criminal justice

  6  agencies, developing and maintaining an offender-based

  7  transaction system.

  8         (d)  Adopt rules to effectively and efficiently

  9  implement, administer, manage, maintain, and use the automated

10  fingerprint identification system and uniform offense reports

11  and arrest reports.  The rules shall be considered minimum

12  requirements and shall not preclude a criminal justice agency

13  from implementing its own enhancements.

14         (e)  Establish, implement, and maintain a Domestic and

15  Repeat Violence Injunction Statewide Verification System

16  capable of electronically transmitting information to and

17  between criminal justice agencies relating to domestic

18  violence injunctions and repeat violence injunctions issued by

19  the courts throughout the state. Such information must

20  include, but is not limited to, information as to the

21  existence and status of any such injunction for verification

22  purposes.

23         (f)  Establish, implement, and maintain a system for

24  transmitting to and between criminal justice agencies

25  information about writs of bodily attachment issued in

26  connection with a court-ordered child support obligation. Such

27  information shall include, but not be limited to, information

28  necessary to identify the respondents and serve the writs.

29         Section 6.  Subsections (1) and (2) and paragraph (a)

30  of subsection (3) of section 943.051, Florida Statutes, are

31  amended, and subsection (5) is added to that section, to read:

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  1         943.051  Criminal justice information; collection and

  2  storage; fingerprinting.--

  3         (1)  The Division of Criminal Justice Information

  4  Program Systems, acting as the state's central criminal

  5  justice information repository, shall:

  6         (a)  Collect, process, store, maintain, and disseminate

  7  criminal justice information and records necessary to the

  8  operation of the criminal justice information system of the

  9  department.

10         (b)  Develop systems that inform one criminal justice

11  agency of the criminal justice information held or maintained

12  by other criminal justice agencies.

13         (2)  Each adult person charged with or convicted of a

14  felony, misdemeanor, or violation of a comparable ordinance by

15  a state, county, municipal, or other law enforcement agency

16  shall be fingerprinted, and such fingerprints shall be

17  submitted to the department in the manner prescribed by rule.

18  Exceptions to this requirement for specified misdemeanors or

19  comparable ordinance violations may be made by the department

20  by rule.

21         (3)(a)  A minor who is charged with or found to have

22  committed an offense that would be a felony if committed by an

23  adult shall be fingerprinted and the fingerprints shall be

24  submitted to the department in the manner prescribed by rule.

25         (5)  The department is encouraged to develop innovative

26  and progressive methods of serving the information management

27  needs of the criminal justice community. The department may

28  contract with other agencies or private entities for the

29  purpose of facilitating the department's responsibilities for

30  receiving, maintaining, managing, processing, allowing access

31  to, and disseminating criminal justice information,

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  1  intelligence, and data; criminal history records and

  2  information available only to criminal justice agencies; and

  3  public criminal history information and records. Any agency or

  4  entity under contract with the department shall, as specified

  5  in the contract, be performing the department's function as a

  6  criminal justice agency for purposes of handling criminal

  7  justice information, intelligence, data, histories, and other

  8  records, and disclosure of such information to an agency or

  9  entity under contract does not waive any confidentiality or

10  exemption from disclosure under s. 119.07 or any other

11  applicable law.

12         Section 7.  Subsection (1) of section 943.0515, Florida

13  Statutes, is amended to read:

14         943.0515  Retention of criminal history records of

15  minors.--

16         (1)(a)  The Division of Criminal Justice Information

17  Program Systems shall retain the criminal history record of a

18  minor who is classified as a serious or habitual juvenile

19  offender under chapter 39 for 5 years after the date the

20  offender reaches 21 years of age, at which time the record

21  shall be expunged unless it meets the criteria of paragraph

22  (2)(a) or paragraph (2)(b).

23         (b)  If the minor is not classified as a serious or

24  habitual juvenile under chapter 39, the program division shall

25  retain the minor's criminal history record for 5 years after

26  the date the minor reaches 19 years of age, at which time the

27  record shall be expunged unless it meets the criteria of

28  paragraph (2)(a) or paragraph (2)(b).

29         Section 8.  Section 943.052, Florida Statutes, is

30  amended to read:

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  1         943.052  Disposition reporting.--The Criminal Justice

  2  Information Program division shall, by rule, establish

  3  procedures and a format for each criminal justice agency to

  4  monitor its records and submit reports, as provided by this

  5  section, to the program division.  The disposition report

  6  shall be developed by the program division and shall include

  7  the offender-based transaction system number.

  8         (1)  Each law enforcement officer or booking officer

  9  shall include on the arrest fingerprint card the

10  offender-based transaction system number.

11         (2)  Each clerk of the court shall submit the uniform

12  dispositions to the program division or in a manner acceptable

13  to the program division. The report shall be submitted at

14  least once a month and, when acceptable by the program

15  division, may be submitted in an automated format. The

16  disposition report is mandatory for dispositions relating to

17  adult offenders only.

18         (3)(a)  The Department of Corrections shall submit

19  information to the program division relating to the receipt or

20  discharge of any person who is sentenced to a state

21  correctional institution.

22         (b)  The Department of Juvenile Justice shall submit

23  information to the program division relating to the receipt or

24  discharge of any minor who is found to have committed an

25  offense that would be a felony if committed by an adult, or is

26  found to have committed a misdemeanor specified in s.

27  943.051(3), and is committed to the custody of the Department

28  of Juvenile Justice.

29         (4)  Each sheriff or unit of government or agent

30  thereof shall submit information to the division relating to

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  1  the receipt or discharge of any person who is sentenced to a

  2  jail facility.

  3         Section 9.  Section 943.0525, Florida Statutes, is

  4  amended to read:

  5         943.0525  Criminal justice information systems; use by

  6  state and local agencies.--As a condition of participating in

  7  any criminal justice information system established by the

  8  Criminal Justice Information Program division or of receiving

  9  criminal justice information, state and local agencies shall

10  be required to execute appropriate user agreements and to

11  comply with applicable federal laws and regulations, this

12  chapter, and rules of the department. The program division

13  shall, by rule, adopt a user agreement that must which shall

14  include, but is not be limited to, compliance with the

15  provisions of s. 943.052.  The user agreement between the

16  department and the criminal justice agency shall include

17  conspicuous language that any criminal justice agency's

18  failure to comply with laws, rules, and the user agreement

19  shall constitute grounds for immediate termination of

20  services.  The department shall terminate the services to the

21  criminal justice agency until the agency is in compliance.

22  However, the department shall not terminate access to wanted

23  persons or wanted property record information services to a

24  law enforcement agency.

25         Section 10.  Subsections (1) and (3) of section

26  943.053, Florida Statutes, are amended to read:

27         943.053  Dissemination of criminal justice information;

28  fees.--

29         (1)  The Department of Law Enforcement shall

30  disseminate criminal justice information only in accordance

31  with federal and state laws, regulations, and rules.

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  1         (3)  Criminal history information, including

  2  information relating to minors juveniles, compiled by the

  3  Division of Criminal Justice Information Program Systems from

  4  intrastate sources shall be available on a priority basis to

  5  criminal justice agencies for criminal justice purposes free

  6  of charge and, otherwise, to governmental agencies not

  7  qualified as criminal justice agencies on an approximate-cost

  8  basis.  After providing the program division with all known

  9  identifying information, persons in the private sector may be

10  provided criminal history information upon tender of fees as

11  established and in the manner prescribed by rule of the

12  Department of Law Enforcement.  Such fees shall approximate

13  the actual cost of producing the record information.  Fees may

14  be waived by the executive director of the Department of Law

15  Enforcement for good cause shown.

16         Section 11.  Section 943.055, Florida Statutes, is

17  amended to read:

18         943.055  Records and audit.--

19         (1)  Criminal justice agencies disseminating criminal

20  justice information derived from a Department of Law

21  Enforcement criminal justice information system shall maintain

22  a record of dissemination in accordance with rules adopted

23  promulgated by the Department of Law Enforcement.

24         (2)  The Division of Criminal Justice Information

25  Program Systems shall arrange for any audits of state and

26  local criminal justice agencies necessary to assure compliance

27  with federal laws and regulations, this chapter, and rules of

28  the Department of Law Enforcement pertaining to the

29  establishment, operation, security, and maintenance of

30  criminal justice information systems.

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  1         Section 12.  Subsections (1) and (2) of section

  2  943.056, Florida Statutes, are amended to read:

  3         943.056  Access to, review and challenge of, criminal

  4  history records.--

  5         (1)  For purposes of verification of the accuracy and

  6  completeness of a criminal history record, the Department of

  7  Law Enforcement shall provide, in the manner prescribed by

  8  rule, such record for review upon verification, by

  9  fingerprints, of the identity of the requesting person. If a

10  minor, or the parent or legal guardian of a minor, requests a

11  copy of the minor's criminal history record, the Department of

12  Law Enforcement shall provide such copy for review upon

13  verification, by fingerprints, of the identity of the minor.

14  The providing of such record shall not require the payment of

15  any fees, except those provided for by federal regulations.

16         (2)  Criminal justice agencies subject to chapter 120

17  shall be subject to hearings regarding those portions of

18  criminal history records for which the agency served as

19  originator.  When it is determined what the record should

20  contain in order to be complete and accurate, the Division of

21  Criminal Justice Information Program Systems shall be advised

22  and shall conform state and federal records to the corrected

23  criminal history record information.

24         Section 13.  Section 943.057, Florida Statutes, is

25  amended to read:

26         943.057  Access to criminal justice information for

27  research or statistical purposes.--The Department of Law

28  Enforcement may provide by rule for access to and

29  dissemination and use of criminal justice information for

30  research or statistical purposes. All requests for records or

31  information in the criminal justice information systems of the

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  1  department shall require the requesting individual or entity

  2  to enter into an appropriate privacy and security agreement

  3  which provides that the requesting individual or entity shall

  4  comply with all laws and rules governing the use of criminal

  5  justice information for research or statistical purposes. The

  6  department may charge a fee for the production of criminal

  7  justice information under this section hereunder. Such fee

  8  shall approximate the actual cost of production. This section

  9  does shall not be construed to require the release of

10  confidential information or to require the department to

11  accommodate requests that which would disrupt ongoing

12  operations beyond the extent required by s. 119.07.

13         Section 14.  Subsection (2) of section 943.08, Florida

14  Statutes, is amended to read:

15         943.08  Duties; Criminal and Juvenile Justice

16  Information Systems Council.--

17         (2)  The council shall review proposed rules and

18  operating policies and procedures, and amendments thereto, of

19  the Division of Criminal Justice Information Program Systems

20  and make recommendations to the executive director which shall

21  be represented in the meeting minutes of the council.  In

22  addition, the council shall review proposed policies, rules,

23  and procedures relating to the information system of the

24  Department of Juvenile Justice and make recommendations to the

25  Secretary of Juvenile Justice or designated assistant who

26  shall attend council meetings.  Those recommendations shall

27  relate to the following areas:

28         (a)  The management control of criminal justice

29  information systems, criminal intelligence information

30  systems, and criminal investigative information systems

31  maintained by the department.

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  1         (b)  The installation and operation of criminal justice

  2  information systems, criminal intelligence information

  3  systems, and criminal investigative information systems by the

  4  department and the exchange of such information with other

  5  criminal justice agencies of this state and other states,

  6  including federal agencies.

  7         (c)  The operation and maintenance of computer hardware

  8  and software within criminal justice information systems,

  9  criminal intelligence information systems, and criminal

10  investigative information systems maintained by the

11  department.

12         (d)  The operation, maintenance, and use of an

13  automated fingerprint identification system, including

14  interfacing with existing automated systems.

15         (e)  The physical security of the system, to prevent

16  unauthorized disclosure of information contained in the system

17  and to ensure that the criminal justice information in the

18  system is currently and accurately revised to include

19  subsequently revised information.

20         (f)  The security of the system, to ensure that

21  criminal justice information, criminal intelligence

22  information, and criminal investigative information will be

23  collected, processed, stored, and disseminated in such manner

24  that it cannot be modified, destroyed, accessed, changed,

25  purged, or overlaid by unauthorized individuals or agencies.

26         (g)  The purging, expunging, or sealing of criminal

27  justice information upon order of a court of competent

28  jurisdiction or when authorized by law.

29         (h)  The dissemination of criminal justice information

30  to persons or agencies not associated with criminal justice

31  when such dissemination is authorized by law.

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  1         (i)  The access to criminal justice information

  2  maintained by any criminal justice agency by any person about

  3  whom such information is maintained for the purpose of

  4  challenge, correction, or addition of explanatory material.

  5         (j)  The training, which may be provided pursuant to s.

  6  938.01, s. 938.15, or s. 943.25, of employees of the

  7  department and other state and local criminal justice agencies

  8  in the proper use and control of criminal justice information.

  9         (k)  The characteristics, structures, and linkages

10  needed to allow the access and utilization of information

11  among the various state, local, private, and federal agencies,

12  organizations, and institutions in the public safety system,

13  including, but not limited to, recommendations regarding:

14         1.  The management control and administration of

15  juvenile justice data and information.

16         2.  The installation and operation of local area

17  networks.

18         3.  The installation and operation of statewide area

19  networks.

20         4.  Electronic mail and file transport.

21         5.  The operation and maintenance of hardware and

22  software.

23         6.  Access to juvenile justice information.

24         7.  The security and integrity of the information

25  system.

26         8.  Training of information system users and user

27  groups.

28         (l)  Such other areas as relate to the collection,

29  processing, storage, and dissemination of criminal and

30  juvenile justice and other public safety system information,

31  criminal intelligence information, and criminal justice

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  1  investigative information, including the development of

  2  criteria, policies, and procedures for the standardization of

  3  criminal justice data and electronic transmission of such

  4  data.

  5         Section 15.  Section 943.09, Florida Statutes, is

  6  amended to read:

  7         943.09  Division of Criminal Justice Professionalism

  8  Program Standards and Training.--There is created a Division

  9  of Criminal Justice Professionalism Program Standards and

10  Training within the Department of Law Enforcement. The program

11  shall be supervised by personnel who shall be employed by the

12  department upon the recommendation of the executive director.

13  Such personnel shall supervise, direct, coordinate, and

14  administer activities of the program which are assigned by the

15  executive director. Personnel employed by the program The

16  department shall employ a division director. However, the

17  executive director shall receive the advice of the commission

18  prior to employing the division director.  The division, as

19  the staff of the commission, shall support and assist the

20  commission in the execution, administration, implementation,

21  and evaluation of its powers, duties, and functions under this

22  chapter according to acceptable and established departmental

23  administrative, managerial, and supervisory rules and

24  policies. It is the duty of the division director to

25  supervise, direct, coordinate, and administer all activities

26  of the division.

27         Section 16.  Subsection (12) of section 943.10, Florida

28  Statutes, is amended to read:

29         943.10  Definitions; ss. 943.085-943.255.--The

30  following words and phrases as used in ss. 943.085-943.255 are

31  defined as follows:

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  1         (12)  "Program" "Division" means the Division of

  2  Criminal Justice Professionalism Program Standards and

  3  Training of the Department of Law Enforcement.

  4         Section 17.  Section 943.133, Florida Statutes, is

  5  amended to read:

  6         943.133  Responsibilities of employing agency,

  7  commission, and program division with respect to compliance

  8  with employment qualifications and the conduct of background

  9  investigations; injunctive relief.--

10         (1)  The employing agency is fully responsible for the

11  collection, verification, and maintenance of documentation

12  establishing that an applicant complies with the requirements

13  of ss. 943.13 and 943.131, and any rules adopted pursuant to

14  ss. 943.13 and 943.131 thereto.

15         (2)  Prior to the employment or appointment of any

16  officer, the chief law enforcement or correctional officer

17  administrator or probation and parole regional administrator

18  of the employing agency, or his or her designee, is required

19  to execute and maintain a registration affidavit-of-compliance

20  form adopted by the commission, attesting to compliance by the

21  employing agency with subsection (1).  The affidavit shall be

22  executed under oath and constitutes an official statement

23  within the purview of s. 837.06. The affidavit shall include

24  conspicuous language that intentional false execution of the

25  affidavit constitutes a misdemeanor of the second degree. The

26  information contained in the registration

27  affidavit-of-compliance form must be submitted, or

28  electronically transmitted, to the commission.

29         (3)  The commission shall adopt rules that establish

30  procedures for conducting background investigations.  The

31  rules must specify a form for employing agencies to use to

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  1  document the findings of the background investigation.  Before

  2  employing or appointing any officer, the employing agency must

  3  conduct a thorough background investigation in accordance with

  4  the rules. The background information should include

  5  information setting forth the facts and reasons for any of the

  6  applicant's previous separations from private or public

  7  employment or appointment, as the applicant understands them.

  8  For the purposes of this subsection, the term "separation from

  9  employment or appointment" includes any firing, termination,

10  resignation, retirement, or voluntary or involuntary extended

11  leave of absence from any salaried or nonsalaried position.

12  The employing agency must maintain the original background

13  investigation form, which must be signed by the administrator

14  of the employing agency or his or her designee.

15         (4)  When the employing agency is a private entity

16  under contract to the county or the state pursuant to s.

17  944.105, s. 951.062, or chapter 957, the contracting agency

18  shall be responsible for meeting the requirements of

19  subsections (1), (2), and (3).

20         (5)  The commission may has the authority to inspect

21  and copy the documentation of an employing agency to ensure

22  compliance with subsection (1).

23         (6)  If an employing agency employs or appoints an

24  officer in violation of this section or of s. 943.13, s.

25  943.131, or s. 943.135, or any rules adopted pursuant thereto,

26  the Department of Legal Affairs, at the request of the chair

27  of the commission, shall apply to the circuit court in the

28  county of the employing agency for injunctive relief

29  prohibiting the employment or appointment of the person

30  contrary to this section.

31

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  1         (7)  The employing agency must annually submit

  2  information to the commission, as specified by rule, relating

  3  to all certified officers employed by or appointed to the

  4  employing agency so that the commission may update its records

  5  for all certified officers.

  6         Section 18.  Subsection (3) of section 943.17, Florida

  7  Statutes, is amended to read:

  8         943.17  Basic recruit, advanced, and career development

  9  training programs; participation; cost; evaluation.--The

10  commission shall, by rule, design, implement, maintain,

11  evaluate, and revise job-related curricula and performance

12  standards for basic recruit, advanced, and career development

13  training programs and courses.  The rules shall include, but

14  are not limited to, a methodology to assess relevance of the

15  subject matter to the job, student performance, and instructor

16  competency.

17         (3)  The program division shall be responsible for the

18  accuracy of curriculum content through the identification and

19  revision of typographical or grammatical errors, incorrect

20  statutory citations, or information which can be identified as

21  inaccurate by superior references.  The commission shall be

22  advised of any revision, and a copy of revised curricula shall

23  be provided to all criminal justice training schools.

24         Section 19.  Subsection (1) of section 943.173, Florida

25  Statutes, is amended to read:

26         943.173  Examinations; administration; materials not

27  public records; disposal of materials.--

28         (1)  Each officer certification examination shall be

29  administered by the Criminal Justice Professionalism Program

30  division pursuant to s. 943.1397.

31

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  1         Section 20.  Subsection (2), paragraphs (c) and (e) of

  2  subsection (5), and subsection (9) of section 943.25, Florida

  3  Statutes, are amended to read:

  4         943.25  Criminal justice trust funds; source of funds;

  5  use of funds.--

  6         (2)  There is created, within the Department of Law

  7  Enforcement, the Criminal Justice Standards and Training Trust

  8  Fund for the purpose of providing for the payment of necessary

  9  and proper expenses incurred by the operation of the

10  commission and the Criminal Justice Professionalism Program

11  division and providing commission-approved criminal justice

12  advanced and specialized training and criminal justice

13  training school enhancements and of establishing the

14  provisions of s. 943.17 and developing the specific tests

15  provided under s. 943.12(10). The program division shall

16  administer the Criminal Justice Standards and Training Trust

17  Fund and shall report the status of the fund at each regularly

18  scheduled commission meeting.

19         (5)  The commission shall authorize the establishment

20  of regional training councils to advise and assist the

21  commission in developing and maintaining a plan assessing

22  regional criminal justice training needs and to act as an

23  extension of the commission in the planning, programming, and

24  budgeting for expenditures of the moneys in the Criminal

25  Justice Standards and Training Trust Fund.

26         (c)  By rule, the commission may establish criteria and

27  procedures for use by the program division and regions to

28  amend the approved plan when an emergency exists.  The program

29  division shall, with the consent of the chair of the

30  commission, initially grant, modify, or deny the requested

31  amendment pending final approval by the commission. The

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  1  commission's plan and amendments thereto must comply with the

  2  provisions of chapter 216.

  3         (e)  Commission members, regional training council

  4  members, program division staff personnel, and other

  5  authorized persons who are performing duties directly related

  6  to the trust fund may be reimbursed for reasonable per diem

  7  and travel expenses as provided in s. 112.061.

  8         (9)  The Executive Office of the Governor may approve,

  9  for disbursement from funds appropriated to the Department of

10  Law Enforcement, Criminal Justice Standards and Training Trust

11  Fund, those sums necessary and required for the administration

12  of the program division and implementation of the training

13  programs approved by the commission.

14         Section 21.  Subsection (1) of section 943.35, Florida

15  Statutes, is amended to read:

16         943.35  Funding for existing laboratories.--

17         (1)  The following existing criminal analysis

18  laboratories are eligible for receipt of state funding:

19         (a)  The Broward County Sheriff's Crime Laboratory;

20         (b)  The Metro-Dade Police Department Crime Laboratory;

21         (c)  The Indian River Crime Laboratory;

22         (d)  The Monroe County Sheriff's Crime Laboratory;

23         (d)(e)  The Palm Beach County Crime Laboratory; and

24         (e)(f)  The Pinellas County Forensic Laboratory.

25         Section 22.  Section 938.07, Florida Statutes, is

26  amended to read:

27         938.07  Driving under the influence.--Notwithstanding

28  any other provision of s. 316.193, a court cost of $135 shall

29  be added to any fine imposed pursuant to s. 316.193, of which

30  $25 shall be deposited in the Emergency Medical Services Trust

31  Fund, $50 shall be deposited in the Criminal Justice Standards

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  1  and Training Trust Fund of the Department of Law Enforcement

  2  to be used for operational expenses of the Division of Local

  3  Law Enforcement Assistance in conducting the statewide

  4  criminal analysis laboratory system established in s. 943.32,

  5  and $60 shall be deposited in the Brain and Spinal Cord Injury

  6  Rehabilitation Trust Fund created in s. 413.613.

  7         Section 23.  Sections 943.26 and 943.381, Florida

  8  Statutes, are repealed.

  9         Section 24.  This act shall take effect July 1, 1998.

10

11          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
12                         Senate Bill 486

13

14
    1.   Deletes all references to "guidelines" and continues the
15       requirement that FDLE promulgate rules to implement,
         maintain, and provide details as to the operations and
16       standards of the department's programs under its
         reorganization.
17
    2.   Deletes obsolete language.
18
    3.   Deletes language that could have been construed to mean
19       all information in the possession of FDLE is public
         record; thus, current law applies to determine the
20       information to which the public may have access.

21

22

23

24

25

26

27

28

29

30

31

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