Proposed Committee Substitute by the Committee on Criminal and

Civil Justice Appropriations

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A bill to be entitled

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An act relating to criminal history information; amending

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s. 943.053, F.S.; clarifying the purposes for which the

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fees collected from the private sector or noncriminal

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justice agencies to acquire criminal history information

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may be applied; increasing the amount of the fee charged

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per record for criminal history information; providing an

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effective date.

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

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

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Statutes, is amended to read:

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     943.053  Dissemination of criminal justice information;

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fees.--

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

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relating to minors, compiled by the Criminal Justice Information

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Program from intrastate sources shall be available on a priority

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basis to criminal justice agencies for criminal justice purposes

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free of charge. After providing the program with all known

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identifying information, persons in the private sector and

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noncriminal justice agencies may be provided criminal history

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information upon tender of fees as established in this subsection

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and in the manner prescribed by rule of the Department of Law

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Enforcement. The revenues generated by such fees may be applied

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to any legislatively approved department purpose are to offset

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the cost of producing the record information, including the total

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cost of creating, storing, maintaining, updating, retrieving,

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improving, and providing criminal history information in a

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centralized, automated database, including personnel, technology,

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and infrastructure expenses. Any access to criminal history

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information by the private sector or noncriminal justice agencies

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as provided in this subsection shall be assessed without regard

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to the quantity or category of criminal history record

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information requested. Fees may be waived or reduced by the

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executive director of the Department of Law Enforcement for good

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cause shown.

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     (b)  The fee per record for criminal history information

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provided pursuant to this subsection is $25 $23 per name

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submitted, except that the fee for vendors of the Department of

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Children and Family Services, the Department of Juvenile Justice,

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and the Department of Elderly Affairs shall be $8 for each name

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submitted; the fee for a state criminal history provided for

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application processing as required by law to be performed by the

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Department of Agriculture and Consumer Services shall be $15 for

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each name submitted; and the fee for requests under the National

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Child Protection Act shall be $18 for each volunteer name

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submitted. The state offices of the Public Defender shall not be

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assessed a fee for Florida criminal history information or wanted

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person information.

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     Section 2.  This act shall take effect July 1, 2008.