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A bill to be entitled

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An act relating to criminal justice information; amending

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s. 943.053, F.S.; deleting provisions requiring that fees

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collected from the private sector or noncriminal justice

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agencies for criminal history information be applied to

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offset the cost of producing the information; eliminating

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authorization for the executive director of the Department

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of Law Enforcement to waive such fees; increasing the

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amount of the fee charged per record for criminal history

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information; repealing s. 741.316(3), F.S., relating to

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provisions requiring that local domestic violence fatality

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review teams collect data concerning incidents of domestic

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violence and provisions requiring that the Department of

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Law Enforcement prepare an annual report using such date;

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providing an 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. Such fees are to offset the cost of producing the

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record information, including the total cost of creating,

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storing, maintaining, updating, retrieving, improving, and

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providing criminal history information in a centralized,

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automated database, including personnel, technology, and

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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 $24 $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. Subsection (3) of section 741.316, Florida

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Statutes, is repealed.

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     Section 3.  This act shall take effect July 1, 2008.