Florida Senate - 2008 (Reformatted) SB 506
By Senator Wilson
33-00071-08 2008506__
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A bill to be entitled
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An act relating to juvenile records; amending s. 943.052,
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F.S.; requiring each clerk of court to submit information
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concerning juvenile arrest records to the Department of
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Law Enforcement; amending s. 943.053, F.S.; revising the
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criteria for disseminating criminal justice information;
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amending s. 985.04, F.S.; providing for agents of the
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Department of Juvenile Justice to administer oaths and
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affirmations; providing confidentiality for certain
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information; providing for authorized disclosures;
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providing for an interagency agreement; providing for
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records retention; providing penalties for violations of
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disclosure laws; amending s. 985.11, F.S.; requiring that
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fingerprints and photographs be taken from certain
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juveniles for use in investigating other violations of
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law; requiring that the photographs and fingerprints be
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retained in a separate file; amending ss. 985.045,
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duties of school superintendents concerning charges
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against students and employees; conforming cross-
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references; 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. Subsections (2) and (3) of section 943.052,
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Florida Statutes, are amended to read:
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943.052 Disposition reporting.--The Criminal Justice
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Information Program shall, by rule, establish procedures and a
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format for each criminal justice agency to monitor its records
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and submit reports, as provided by this section, to the program.
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The disposition report shall be developed by the program and
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shall include the offender-based transaction system number.
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(2) Each clerk of the court shall submit the uniform
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dispositions to the program or in a manner acceptable to the
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program. The report shall be submitted at least once a month and,
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when acceptable by the program, may be submitted in an automated
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format. The disposition report is mandatory for all criminal and
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delinquency dispositions relating to adult offenders only.
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Beginning July 1, 2009, each clerk of the court shall submit
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disposition information concerning all juvenile arrest records
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submitted to the department without disposition information
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between July 1, 1996, and July 1, 2009 2008, a disposition report
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for each disposition relating to a minor offender is mandatory.
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(3)(a) The Department of Corrections shall submit
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information to the program relating to the receipt or discharge
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of any person who is sentenced to a state correctional
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institution.
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(b) The Department of Juvenile Justice shall submit
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information to the program relating to the receipt or discharge
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of any minor who is found to have committed an offense that would
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be a felony if committed by an adult, or is found to have
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committed a misdemeanor specified in s. 943.051(3), and is
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committed to the custody of the Department of Juvenile Justice.
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Section 2. Subsections (1), (2), (3), and (4) of section
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943.053, Florida Statutes, are amended to read:
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943.053 Dissemination of criminal justice information;
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fees.--
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(1) The department of Law Enforcement shall disseminate
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criminal justice information only in accordance with federal and
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state laws, regulations, and rules.
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(2) Criminal justice information derived from federal
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criminal justice information systems or criminal justice
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information systems of other states may shall not be disseminated
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in a manner inconsistent with the laws, regulations, or rules of
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the originating agency.
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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 for:
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1. Minors and adults shall be available on a priority basis
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to criminal justice agencies for criminal justice purposes free
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of charge.
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2. Adults may be provided to any person who supplies the
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program with all known identifying information and tenders fees
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as established in this subsection and in the manner prescribed by
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rule of the department.
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3. Minors who are adjudicated as adults, or who have been
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found to have committed an offense that would be a felony if
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committed by an adult, may be provided to any person who supplies
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After providing the program with all known identifying
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information, persons in the private sector and tenders
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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.
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(b) Such Fees under this subsection are to offset the cost
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of producing the record information, including the total cost of
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creating, storing, maintaining, updating, retrieving, improving,
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and 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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under as provided in this subsection shall be assessed without
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regard 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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(c)(b) The fee per record for criminal history information
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provided under pursuant to this subsection is $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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(4) Criminal justice information provided by the department
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of Law Enforcement shall be used only for the purpose stated in
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the request.
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Section 3. Section 985.04, Florida Statutes, is amended to
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read:
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(Substantial rewording of section. See
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s. 985.04, F.S., for present text.)
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985.04 Oaths; confidentiality of information.--
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(1) OATHS.--Authorized agents of the department may
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administer oaths and affirmations.
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(2) CONFIDENTIALITY.--Except as provided in subsection (3)
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juvenile which is obtained under this chapter in the discharge of
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an official duty by any judge, any employee of the court, any
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authorized agent of the department, the Parole Commission, the
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Department of Corrections, the juvenile justice circuit boards,
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any law enforcement agency, or any licensed professional or
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licensed community agency representative participating in the
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assessment or treatment of a juvenile is confidential and exempt
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from the provisions of s. 119.07(1) and s. 24(a), Art. I of the
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State Constitution. The name, photograph, address, and crime or
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arrest report of a minor who is adjudicated as an adult or who
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has been found to have committed an offense that would be a
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felony if committed by an adult, is not exempt from s. 119.07(1)
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and s. 24(a), Art. I of the State Constitution.
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(3) AUTHORIZED DISCLOSURE.--Information relating to
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juveniles which is authorized for disclosure under this
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purpose other than that authorized by law.
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(a) Confidential information described in subsection (2)
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may be disclosed:
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1. To, and may be used only for the discharge of an
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official duty by, authorized personnel of the court, the
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department and its designees, the Department of Corrections, the
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Parole Commission, law enforcement agencies, school
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superintendents and their designees, licensed professional or
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licensed community agency representatives participating in the
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assessment or treatment of a juvenile, and others entitled under
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this chapter to receive that information.
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2. Upon order of the court.
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(b) A law enforcement agency may release a copy of the
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juvenile offense report to the victim of the offense. However,
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information gained by the victim under this chapter, including
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the next of kin of a homicide victim, regarding any case handled
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in juvenile court may not be revealed to any person except to the
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extent that is reasonably necessary in pursuit of legal remedies.
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(c) The superintendent of a child's school shall be
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notified by:
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1. A law enforcement agency when a child is taken into
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custody by a law enforcement officer for an offense that would
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have been a felony if committed by an adult or for committing a
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crime of violence.
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2. The state attorney when a child is formally charged with
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a felony or a delinquent act that would be a felony if committed
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by an adult. The information obtained by the superintendent under
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this section must be released within 48 hours after receipt to
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the principal of the school. The principal must immediately
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notify the child's immediate classroom teachers. Upon
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notification, the principal may begin disciplinary actions under
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s. 1006.09.
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3. The department when the child is in the care and custody
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or under the jurisdiction or supervision of the department and
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has a known history of criminal sexual behavior with other
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juveniles; is an alleged juvenile sexual offender, as defined in
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s. 39.01; has pled guilty or nolo contendere to, or has been
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found to have committed, an offense specified in chapter 794,
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of adjudication; or has been placed in a probation or commitment
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program for any felony offense.
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(d) Records in the custody of the department regarding
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children may be inspected only upon order of the secretary of the
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department or his or her authorized agent by persons who have
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sufficient reason and upon such conditions for their use and
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disposition as the secretary or his or her authorized agent
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considers proper. The information in such records may be
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disclosed only to other employees of the department who have a
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need therefor in order to perform their official duties; to other
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persons as authorized by rule of the department; and, upon
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request, to the Department of Corrections. The secretary or his
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or her authorized agent may permit properly qualified persons to
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inspect and make abstracts from records for statistical purposes
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under whatever conditions upon their use and disposition the
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secretary or his or her authorized agent considers proper if
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adequate assurances are given that children's names and other
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identifying information will not be disclosed by the applicant.
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(e) Sealed records under paragraph (5)(a) may be disclosed
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only for use in meeting the screening requirements for personnel
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history information must be obtained from the Department of Law
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Enforcement in accordance with s. 943.053. The information shall
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be released to those persons specified in this subsection for the
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purposes of complying with those sections.
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(4) INTERAGENCY AGREEMENTS.--Within each county, the
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sheriff, the chiefs of police, the district school
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superintendent, and the department shall enter into an
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interagency agreement for the purpose of sharing information, as
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authorized under subsection (2), concerning juvenile offenders
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among all organizations. The agreement must specify the
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conditions under which summary criminal history information is to
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be made available to appropriate school personnel and the
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conditions under which school records are to be made available to
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appropriate department personnel. The agencies entering into the
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agreement must comply with s. 943.0525 and all applicable state
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and federal laws and regulations, and must maintain the
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confidentiality of information that is otherwise exempt from s.
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119.07(1), as provided by law.
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(5) RECORD RETENTION.--Records maintained by the
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department, including copies of records maintained by the court:
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(a) May not be destroyed by the department for a period of
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25 years after a child's final referral to the department, unless
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the child dies, if the records pertain to a child found to have
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committed a delinquent act that would be a crime specified in s.
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be sealed by the court for use only in meeting the screening
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(b) For records other than those subject to paragraph (a),
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shall be retained by the department until the record is expunged
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under chapter 943.
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(6) PENALTIES.--
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(a) Any employee of a district school board who knowingly
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and willfully discloses information received under paragraph
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(3)(c) to an unauthorized person commits a misdemeanor of the
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second degree, punishable as provided in s. 775.082 or s.
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(b) The court may punish by contempt any person who
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releases or uses sealed records under paragraph (5)(a) for any
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purpose not authorized by paragraph (3)(e).
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Section 4. Section 985.11, Florida Statutes, is amended to
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read:
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985.11 Fingerprinting and photographing.--
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(1)(a) A child who is charged with or found to have
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committed an offense that would be a felony if committed by an
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adult shall be fingerprinted and the fingerprints must be
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submitted to the Department of Law Enforcement as provided in s.
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943.051(3)(a).
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(b) A child who is charged with or found to have committed
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one of the following offenses shall be fingerprinted, and the
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fingerprints shall be submitted to the Department of Law
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Enforcement as provided in s. 943.051(3)(b):
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1. Assault, as defined in s. 784.011.
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2. Battery, as defined in s. 784.03.
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3. Carrying a concealed weapon, as defined in s. 790.01(1).
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4. Unlawful use of destructive devices or bombs, as defined
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in s. 790.1615(1).
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5. Negligent treatment of children, as defined in former s.
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827.05.
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6. Assault on a law enforcement officer, a firefighter, or
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other specified officers, as defined in s. 784.07(2)(a).
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7. Open carrying of a weapon, as defined in s. 790.053.
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8. Exposure of sexual organs, as defined in s. 800.03.
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9. Unlawful possession of a firearm, as defined in s.
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790.22(5).
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10. Petit theft, as defined in s. 812.014.
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11. Cruelty to animals, as defined in s. 828.12(1).
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12. Arson, resulting in bodily harm to a firefighter, as
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defined in s. 806.031(1).
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13. Unlawful possession or discharge of a weapon or firearm
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at a school-sponsored event or on school property as defined in
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s. 790.115.
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A law enforcement agency:
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1. Shall fingerprint a child and submit the fingerprints to
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the Department of Law Enforcement as required under s.
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943.051(3).
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2. May fingerprint and photograph a child taken into
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custody upon probable cause that such child has committed any
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other violation of law, other than those specified in s.
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943.051(3), as the agency deems appropriate. Such fingerprint
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records may be submitted to the Department of Law Enforcement for
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inclusion in the state criminal history records and may be used
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only by criminal justice agencies for criminal justice purposes.
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(b) Such fingerprint records and photographs of children
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shall be retained by the law enforcement agency in a separate
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file, and these records and all copies thereof must be marked
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"Juvenile Confidential." These records are not available for
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public disclosure and inspection under s. 119.07(1) except as
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available to other law enforcement agencies, criminal justice
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agencies, state attorneys, the courts, the child, the parents or
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legal custodians of the child, their attorneys, and any other
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person authorized by the court to have access to such records. In
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addition, such records may be submitted to the Department of Law
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Enforcement for inclusion in the state criminal history records
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and used by criminal justice agencies for criminal justice
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purposes. These records may, in the discretion of the court, be
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open to inspection by anyone upon a showing of cause. The
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fingerprint and photograph records shall be produced in the court
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whenever directed by the court. Any photograph taken pursuant to
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this section may be shown by a law enforcement officer to any
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victim or witness of a crime for the purpose of identifying the
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person who committed such crime.
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(c) The court is shall be responsible for the
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fingerprinting of any child at the disposition hearing if the
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child has been adjudicated or had adjudication withheld for any
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felony in the case currently before the court.
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(2) If the child is not referred to the court, or if the
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child is found not to have committed a violation of law, the
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court may, after notice to the law enforcement agency involved,
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order the originals and copies of the fingerprints and
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photographs destroyed. Unless otherwise ordered by the court, if
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the child is found to have committed an offense which would be a
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felony if it had been committed by an adult, then the law
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enforcement agency having custody of the fingerprint and
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photograph records shall retain the originals and immediately
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thereafter forward adequate duplicate copies to the court along
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with the written offense report relating to the matter for which
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the child was taken into custody. Except as otherwise provided by
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this subsection, the clerk of the court, after the disposition
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hearing on the case, shall forward duplicate copies of the
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fingerprints and photographs, together with the child's name,
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address, date of birth, age, and sex, to:
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(a) The sheriff of the county in which the child was taken
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into custody, in order to maintain a central child identification
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file in that county.
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(b) The law enforcement agency of each municipality having
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a population in excess of 50,000 persons and located in the
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county of arrest, if so requested specifically or by a general
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request by that agency.
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(3) This section does not prohibit the fingerprinting or
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photographing of child traffic violators. All records of such
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traffic violations shall be kept in the full name of the violator
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and are shall be open to inspection and publication in the same
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manner as adult traffic violations. This section does not apply
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to the photographing of children by the department of Juvenile
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Justice or the Department of Children and Family Services.
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Section 5. Subsection (2) of section 985.045, Florida
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Statutes, is amended to read:
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985.045 Court records.--
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(2) The clerk shall keep all official records required by
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this section separate from other records of the circuit court,
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except those records pertaining to motor vehicle violations,
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which shall be forwarded to the Department of Highway Safety and
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985.04(6)(b) and (7), official records required by this chapter
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are not open to inspection by the public, but may be inspected
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only upon order of the court by persons deemed by the court to
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have a proper interest therein, except that a child and the
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parents, guardians, or legal custodians of the child and their
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attorneys, law enforcement agencies, the Department of Juvenile
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Justice and its designees, the Parole Commission, the Department
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of Corrections, and the Justice Administrative Commission shall
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always have the right to inspect and copy any official record
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pertaining to the child. The court may permit authorized
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representatives of recognized organizations compiling statistics
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for proper purposes to inspect, and make abstracts from, official
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records under whatever conditions upon the use and disposition of
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such records the court may deem proper and may punish by contempt
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proceedings any violation of those conditions.
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Section 6. Subsection (2) of section 1006.08, Florida
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Statutes, is amended to read:
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1006.08 District school superintendent duties relating to
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student discipline and school safety.--
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(2) Notwithstanding s. 985.04 the provisions of s.
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985.04(7) or any other provision of law to the contrary, the
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court shall, within 48 hours of the finding, notify the
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appropriate district school superintendent of the name and
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address of any student found to have committed a delinquent act,
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or who has had adjudication of a delinquent act withheld which,
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if committed by an adult, would be a felony, or the name and
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address of any student found guilty of a felony. Notification
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must shall include the specific delinquent act found to have been
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committed or for which adjudication was withheld, or the specific
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felony for which the student was found guilty.
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Section 7. Subsection (1) of section 1012.797, Florida
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Statutes, is amended to read:
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1012.797 Notification of district school superintendent of
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certain charges against or convictions of employees.--
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(1) Notwithstanding s. 985.04 the provisions of s.
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985.04(7) or any other provision of law to the contrary, a law
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enforcement agency shall, within 48 hours, notify the appropriate
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district school superintendent of the name and address of any
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employee of the school district who is charged with a felony or
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with a misdemeanor involving the abuse of a minor child or the
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sale or possession of a controlled substance. The notification
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must shall include the specific charge for which the employee of
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the school district was arrested. The Such notification shall
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include other education providers such as the Florida School for
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the Deaf and the Blind, university lab schools, and private
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elementary and secondary schools.
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Section 8. This act shall take effect July 1, 2008.
CODING: Words stricken are deletions; words underlined are additions.