Senate Bill sb0010Ae1
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SB 10-A First Engrossed
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; amending s. 1012.32, F.S.;
12 requiring both instructional and
13 noninstructional personnel of charter schools
14 to file fingerprints with the school board of
15 the district within which the charter school is
16 located; providing that contractors have the
17 same probationary status as employees;
18 providing duties of the Department of Law
19 Enforcement with respect to retention and
20 search of fingerprint records submitted on
21 behalf of school employees and contractors;
22 providing for fees; providing an effective
23 date.
24
25 Be It Enacted by the Legislature of the State of Florida:
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27 Section 1. Subsection (3) of section 943.053, Florida
28 Statutes, is amended to read:
29 943.053 Dissemination of criminal justice information;
30 fees.--
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SB 10-A First Engrossed
1 (3)(a) Criminal history information, including
2 information relating to minors, compiled by the Criminal
3 Justice Information Program from intrastate sources shall be
4 available on a priority basis to criminal justice agencies for
5 criminal justice purposes free of charge and, otherwise, to
6 governmental agencies not qualified as criminal justice
7 agencies on an approximate-cost basis. After providing the
8 program with all known identifying information, persons in the
9 private sector and noncriminal justice agencies may be
10 provided criminal history information upon tender of fees as
11 established in this subsection and in the manner prescribed by
12 rule of the Department of Law Enforcement. Such fees are to
13 offset shall approximate the actual cost of producing the
14 record information, including. As used in this subsection, the
15 department's determination of actual cost shall take into
16 account the total cost of creating, storing, maintaining,
17 updating, retrieving, improving, and providing criminal
18 history information in a centralized, automated database,
19 including personnel, technology, and infrastructure expenses.
20 Actual cost shall be computed on a fee-per-record basis, and
21 Any access to criminal history information by the private
22 sector or noncriminal justice agencies as provided in this
23 subsection shall be assessed the per-record fee without regard
24 to the quantity or category of criminal history record
25 information requested. Fees may be waived or reduced by the
26 executive director of the Department of Law Enforcement for
27 good cause shown.
28 (b) The fee per record for criminal history
29 information provided pursuant to this subsection is $24 per
30 name submitted, except that the fee for vendors of the
31 Department of Children and Family Services, the Department of
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SB 10-A First Engrossed
1 Juvenile Justice, and the Department of Elder Affairs shall be
2 $12 for each name submitted; the fee for a state criminal
3 history provided for application processing as required by law
4 to be performed by the Department of Agriculture and Consumer
5 Services shall be $15 for each name submitted; and the fee for
6 requests under the National Child Protection Act shall be $18
7 for each volunteer name submitted. The state offices of the
8 Public Defender shall not be assessed a fee for Florida
9 criminal history information or wanted person information.
10 Section 2. If any law that is amended by this act was
11 also amended by a law enacted at the 2003 Regular Session of
12 the Legislature, such laws shall be construed as if they had
13 been enacted during the same session of the Legislature, and
14 full effect should be given to each if that is possible.
15 Section 3. Subsection (2) of section 1012.32, Florida
16 Statutes, is amended to read:
17 1012.32 Qualifications of personnel.--
18 (2)(a) Instructional and noninstructional personnel
19 who are hired to fill positions requiring direct contact with
20 students in any district school system or university lab
21 school shall, upon employment, file a complete set of
22 fingerprints taken by an authorized law enforcement officer or
23 an employee of the school or district who is trained to take
24 fingerprints. Instructional and noninstructional personnel who
25 are hired or contracted to fill positions in any charter
26 school and members of the governing board of any charter
27 school, in compliance with s. 1002.33(12)(g), shall, upon
28 employment, engagement of services, or appointment, file with
29 the district school board for the district in which the
30 charter school is located a complete set of fingerprints taken
31 by an authorized law enforcement officer or an employee of the
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SB 10-A First Engrossed
1 school or district who is trained to take fingerprints. These
2 fingerprints shall be submitted to the Department of Law
3 Enforcement for state processing and to the Federal Bureau of
4 Investigation for federal processing. The new employees or
5 contractors shall be on probationary status pending
6 fingerprint processing and determination of compliance with
7 standards of good moral character. Employees or contractors
8 found through fingerprint processing to have been convicted of
9 a crime involving moral turpitude shall not be employed or
10 engaged to provide services in any position requiring direct
11 contact with students. Probationary employees or contractors
12 terminated because of their criminal record shall have the
13 right to appeal such decisions. The cost of the fingerprint
14 processing may be borne by the district school board, the
15 charter school, or the employee, or the contractor.
16 (b) Personnel who have been fingerprinted or screened
17 pursuant to this subsection and who have not been unemployed
18 or unengaged to provide services in a public or charter school
19 for more than 90 days shall not be required to be
20 refingerprinted or rescreened in order to comply with the
21 requirements of this subsection.
22 (c) Beginning July 1, 2003, all fingerprints submitted
23 to the Department of Law Enforcement as required by paragraph
24 (a) shall be retained by the Department of Law Enforcement and
25 entered into the statewide automated fingerprint
26 identification system authorized by s. 943.05(2)(b). Such
27 fingerprints shall thereafter be available for all purposes
28 and uses authorized for arrest fingerprint cards entered in
29 the statewide automated fingerprint identification system
30 pursuant to s. 943.051.
31 Section 4. This act shall take effect July 1, 2003.
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