Senate Bill sb1406
CODING: Words stricken are deletions; words underlined are additions.
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
1
CODING: Words stricken are deletions; words underlined are additions.
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.--
2
CODING: Words stricken are deletions; words underlined are additions.
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
3
CODING: Words stricken are deletions; words underlined are additions.
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
4
CODING: Words stricken are deletions; words underlined are additions.
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
10 *****************************************
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.
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
5
CODING: Words stricken are deletions; words underlined are additions.