Senate Bill sb2522

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    Florida Senate - 2003                                  SB 2522

    By Senator Crist





    12-1677-03

  1                      A bill to be entitled

  2         An act relating to criminal justice

  3         information; amending s. 943.053, F.S.;

  4         revising entities responsible for paying

  5         criminal history information fees; providing an

  6         effective date.

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

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10         Section 1.  Subsection (3) of section 943.053, Florida

11  Statutes, is amended to read:

12         943.053  Dissemination of criminal justice information;

13  fees.--

14         (3)  Criminal history information, including

15  information relating to minors, compiled by the Criminal

16  Justice Information Program from intrastate sources shall be

17  available on a priority basis to criminal justice agencies for

18  criminal justice purposes free of charge and, otherwise, to

19  governmental agencies not qualified as criminal justice

20  agencies on an approximate-cost basis. After providing the

21  program with all known identifying information, persons in the

22  private sector and noncriminal justice agencies may be

23  provided criminal history information upon tender of fees as

24  established and in the manner prescribed by rule of the

25  Department of Law Enforcement or as otherwise established by

26  the Legislature. Such fees shall, at a minimum, assure that

27  the department is recovering approximate the actual cost of

28  producing the record information. As used in this subsection,

29  the department's determination of actual cost shall take into

30  account the total cost of creating, storing, maintaining,

31  updating, retrieving, improving, and providing criminal

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    Florida Senate - 2003                                  SB 2522
    12-1677-03




 1  history information in a centralized, automated database,

 2  including personnel, technology, and infrastructure expenses.

 3  The fees to be collected Actual cost shall be computed on a

 4  fee-per-record basis, and any access to criminal history

 5  information by the private sector or noncriminal justice

 6  agencies as provided in this subsection shall be assessed the

 7  per-record fee without regard to the quantity or category of

 8  criminal history record information requested. Fees may be

 9  waived or reduced by the executive director of the Department

10  of Law Enforcement for good cause shown.

11         Section 2.  This act shall take effect upon becoming a

12  law.

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15                          SENATE SUMMARY

16    Clarifies that criminal history information is available
      on a fee basis to noncriminal justice agencies. Fees must
17    recover the total cost of the criminal history
      information. Authorizes the Executive Director of the
18    Department of Law Enforcement to reduce fees as well as
      waive them.
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CODING: Words stricken are deletions; words underlined are additions.