Senate Bill sb0010A

    Florida Senate - 2003                                  SB 10-A

    By Senator Crist





    12-2568A-03

  1                      A bill to be entitled

  2         An act relating to criminal history records;

  3         amending s. 943.053, F.S.; establishing a

  4         schedule of fees to be collected by the

  5         Department of Law Enforcement for producing

  6         criminal history information; authorizing the

  7         executive director of the department to reduce

  8         such fees for good cause; providing for

  9         construction of the act in pari materia with

10         laws enacted during the Regular Session of the

11         Legislature; providing an effective date.

12  

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

14  

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

16  Statutes, is amended to read:

17         943.053  Dissemination of criminal justice information;

18  fees.--

19         (3)(a)  Criminal history information, including

20  information relating to minors, compiled by the Criminal

21  Justice Information Program from intrastate sources shall be

22  available on a priority basis to criminal justice agencies for

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

24  governmental agencies not qualified as criminal justice

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

26  program with all known identifying information, persons in the

27  private sector and noncriminal justice agencies may be

28  provided criminal history information upon tender of fees as

29  established in this subsection and in the manner prescribed by

30  rule of the Department of Law Enforcement.  Such fees are to

31  offset shall approximate the actual cost of producing the

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                                  SB 10-A
    12-2568A-03




 1  record information, including. As used in this subsection, the

 2  department's determination of actual cost shall take into

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

 4  updating, retrieving, improving, and providing criminal

 5  history information in a centralized, automated database,

 6  including personnel, technology, and infrastructure expenses.

 7  Actual cost shall be computed on a fee-per-record basis, and

 8  Any access to criminal history information by the private

 9  sector or noncriminal justice agencies as provided in this

10  subsection shall be assessed the per-record fee without regard

11  to the quantity or category of criminal history record

12  information requested. Fees may be waived or reduced by the

13  executive director of the Department of Law Enforcement for

14  good cause shown.

15         (b)  The fee per record for criminal history

16  information provided pursuant to this subsection is

17  established as follows:

18         1.  The fee for governmental agencies that do not

19  collect the fee from the applicant or another private source

20  is $20 for each name submitted.

21         2.  The fee for governmental agencies that collect the

22  fee from the applicant, whether required by law, at the

23  agency's discretion, or from another private source, is $30

24  for each name submitted.

25         3.  The fee for vendors of the Department of Children

26  and Family Services, the Department of Juvenile Justice, and

27  the Department of Elder Affairs is $10 for each name

28  submitted.

29         4.  The fee for requests under the National Child

30  Protection Act, as amended, is $18 for each volunteer name

31  

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                                  SB 10-A
    12-2568A-03




 1  submitted and $24 for each other name submitted, as limited by

 2  federal law.

 3         5.  The fee for all other requests is $30 for each name

 4  submitted.

 5         Section 2.  If any law that is amended by this act was

 6  also amended by a law enacted at the 2003 Regular Session of

 7  the Legislature, such laws shall be construed as if they had

 8  been enacted during the same session of the Legislature, and

 9  full effect should be given to each if that is possible.

10         Section 3.  This act shall take effect July 1, 2003.

11  

12            *****************************************

13                          SENATE SUMMARY

14    Provides a schedule of fees to be collected by the
      Department of Law Enforcement for providing criminal
15    history information. (See bill for details.)

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  3

CODING: Words stricken are deletions; words underlined are additions.