Senate Bill sb1406

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    Florida Senate - 2006                                  SB 1406

    By Senator Wilson





    33-953-06

  1                      A bill to be entitled

  2         An act relating to juvenile records; amending

  3         s. 943.051, F.S.; deleting the requirement that

  4         a minor who is charged with certain offenses be

  5         fingerprinted; amending s. 943.053, F.S.;

  6         prohibiting the Department of Law Enforcement

  7         from releasing any criminal history information

  8         relating to minors without the corresponding

  9         disposition information; amending s. 985.212,

10         F.S.; limiting the use of certain juvenile

11         records; requiring that the clerk of the court

12         submit disposition information to the

13         department under certain circumstances;

14         providing an effective date.

15  

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

17  

18         Section 1.  Subsection (3) of section 943.051, Florida

19  Statutes, is amended to read:

20         943.051  Criminal justice information; collection and

21  storage; fingerprinting.--

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

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

24  adult shall be fingerprinted and the fingerprints shall be

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

26         (b)  A minor who is charged with or found to have

27  committed the following offenses shall be fingerprinted and

28  the fingerprints shall be submitted to the department:

29         1.  Assault, as defined in s. 784.011.

30         2.  Battery, as defined in s. 784.03.

31  

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    Florida Senate - 2006                                  SB 1406
    33-953-06




 1         3.  Carrying a concealed weapon, as defined in s.

 2  790.01(1).

 3         4.  Unlawful use of destructive devices or bombs, as

 4  defined in s. 790.1615(1).

 5         5.  Negligent treatment of children, as defined in s.

 6  827.05.

 7         6.  Assault or battery on a law enforcement officer, a

 8  firefighter, or other specified officers, as defined in s.

 9  784.07(2)(a) and (b).

10         7.  Open carrying of a weapon, as defined in s.

11  790.053.

12         8.  Exposure of sexual organs, as defined in s. 800.03.

13         9.  Unlawful possession of a firearm, as defined in s.

14  790.22(5).

15         10.  Petit theft, as defined in s. 812.014(3).

16         11.  Cruelty to animals, as defined in s. 828.12(1).

17         12.  Arson, as defined in s. 806.031(1).

18         13.  Unlawful possession or discharge of a weapon or

19  firearm at a school-sponsored event or on school property as

20  defined in s. 790.115.

21         Section 2.  Subsection (10) is added to section

22  943.053, Florida Statutes, to read:

23         943.053  Dissemination of criminal justice information;

24  fees.--

25         (10)  Notwithstanding any other provision of law, the

26  Department of Law Enforcement may not release any criminal

27  history information relating to a minor without the

28  corresponding disposition information.

29         Section 3.  Subsection (1) of section 985.212, Florida

30  Statutes, is amended to read:

31         985.212  Fingerprinting and photographing.--

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    Florida Senate - 2006                                  SB 1406
    33-953-06




 1         (1)(a)  A child who is charged with or found to have

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

 3  adult shall be fingerprinted and the fingerprints must be

 4  submitted to the Department of Law Enforcement as provided in

 5  s. 943.051(3)(a).

 6         (b)  A child who is charged with or found to have

 7  committed one of the following offenses shall be

 8  fingerprinted, and the fingerprints shall be submitted to the

 9  Department of Law Enforcement as provided in s. 943.051(3)(b):

10         1.  Assault, as defined in s. 784.011.

11         2.  Battery, as defined in s. 784.03.

12         3.  Carrying a concealed weapon, as defined in s.

13  790.01(1).

14         4.  Unlawful use of destructive devices or bombs, as

15  defined in s. 790.1615(1).

16         5.  Negligent treatment of children, as defined in

17  former s. 827.05.

18         6.  Assault on a law enforcement officer, a

19  firefighter, or other specified officers, as defined in s.

20  784.07(2)(a).

21         7.  Open carrying of a weapon, as defined in s.

22  790.053.

23         8.  Exposure of sexual organs, as defined in s. 800.03.

24         9.  Unlawful possession of a firearm, as defined in s.

25  790.22(5).

26         10.  Petit theft, as defined in s. 812.014.

27         11.  Cruelty to animals, as defined in s. 828.12(1).

28         12.  Arson, resulting in bodily harm to a firefighter,

29  as defined in s. 806.031(1).

30  

31  

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    Florida Senate - 2006                                  SB 1406
    33-953-06




 1         13.  Unlawful possession or discharge of a weapon or

 2  firearm at a school-sponsored event or on school property as

 3  defined in s. 790.115.

 4         (c)  A law enforcement agency may fingerprint and

 5  photograph a child taken into custody upon probable cause that

 6  the such child has committed any other violation of law, as

 7  the agency deems appropriate. The Such fingerprint records and

 8  photographs shall be retained by the law enforcement agency in

 9  a separate file, and these records and all copies thereof must

10  be marked "Juvenile Confidential." These records are not

11  available for public disclosure and inspection under s.

12  119.07(1) except as provided in ss. 943.053 and 985.04(5), but

13  shall be available to other law enforcement agencies, criminal

14  justice agencies, state attorneys, the courts, the child, the

15  parents or legal custodians of the child, their attorneys, and

16  any other person authorized by the court to have access to the

17  such records. In addition, the such records may be submitted

18  to the Department of Law Enforcement for inclusion in the

19  state criminal history records and used by criminal justice

20  agencies for criminal justice purposes only as provided under

21  paragraphs (a) and (b). These records may, in the discretion

22  of the court, be open to inspection by anyone upon a showing

23  of cause. The fingerprint and photograph records shall be

24  produced in the court whenever directed by the court. Any

25  photograph taken pursuant to this section may be shown by a

26  law enforcement officer to any victim or witness of a crime

27  for the purpose of identifying the person who committed the

28  such crime.

29         (d)(c)  The court shall be responsible for the

30  fingerprinting of any child at the disposition hearing if the

31  

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    Florida Senate - 2006                                  SB 1406
    33-953-06




 1  child has been adjudicated or had adjudication withheld for

 2  any felony in the case currently before the court.

 3         (e)  If a child is found to have committed an offense

 4  that would be a felony if committed by an adult, or one of the

 5  offenses listed in paragraph (b), the clerk of the court shall

 6  submit the disposition information to the department within 60

 7  days after the disposition hearing.

 8         Section 4.  This act shall take effect July 1, 2006.

 9  

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11                          SENATE SUMMARY

12    Revises the requirement concerning fingerprinting of
      juveniles to include only a minor who is found to have
13    committed a certain offense. Prohibits the Department of
      Law Enforcement from releasing any criminal history
14    information relating to minors without the corresponding
      disposition information. Requires that the clerk of the
15    court submit disposition information to the department
      under certain circumstances.
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