HB 0033A 2003
1	A bill to be entitled
2	An act relating to criminal history information fees;
3	amending s. 943.053, F.S.; revising provisions relating to
4	fees collected by the Department of Law Enforcement for
5	producing criminal history information; providing a
6	maximum fee limitation; authorizing the executive director
7	of the department to reduce such fees under certain
8	circumstances; providing for construction of the act in
9	pari materia with laws enacted during the 2003 Regular
10	Session of the Legislature; providing an effective date.
11
12	Be It Enacted by the Legislature of the State of Florida:
13
14	Section 1. Subsection (3) of section 943.053, Florida
15	Statutes, is amended to read:
16	943.053 Dissemination of criminal justice information;
17	fees.--
18	(3) Criminal history information, including information
19	relating to minors, compiled by the Criminal Justice Information
20	Program from intrastate sources shall be available on a priority
21	basis to criminal justice agencies, including state attorney
22	offices and public defender offices,for criminal justice
23	purposes free of charge and, otherwise, to governmental agencies
24	not qualified as criminal justice agencies on an approximate-
25	cost basis. After providing the program with all known
26	identifying information, persons in the private sector and
27	noncriminal justice agenciesmay be provided criminal history
28	information upon tender of fees as established and in the manner
29	prescribed by rule of the Department of Law Enforcement or as
30	otherwise established by the Legislature. Such fees shall, at a
31	minimum, ensure that the department is recoveringapproximate
32	the actualcost of producing the record information. As used in
33	this subsection, the department's determination of actual cost
34	shall take into accountthe total cost of creating, storing,
35	maintaining, updating, retrieving, improving, and providing
36	criminal history information in a centralized, automated
37	database, including personnel, technology, and infrastructure
38	expenses. The fees to be collectedActual costshall be computed
39	on a fee-per-record basis, and any access to criminal history
40	information by the private sector or noncriminal justice
41	agencies as provided in this subsection shall be assessed the
42	per-record feewithout regard to the quantity or category of
43	criminal history record information requested. Any fee imposed
44	pursuant to this subsection shall not exceed $23 andFeesmay be
45	waived or reducedby the executive director of the Department of
46	Law Enforcement for good cause shown.
47	Section 2. If any law amended by this act was also amended
48	by a law enacted at the 2003 Regular Session of the Legislature,
49	such laws shall be construed as if they had been enacted at the
50	same session of the Legislature, and full effect shall be given
51	to each if possible.
52	Section 3. This act shall take effect July 1, 2003.