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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1006.08, and 1012.797, F.S., relating to court records and

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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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and ss. 943.053 and 985.11, all information relating to a

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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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subsection and ss. 943.053 and 985.11 may not be used for any

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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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chapter 796, chapter 800, s. 827.071, or s. 847.0133, regardless

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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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in ss. 402.3055, 435.03, and 435.04; however, current criminal

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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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435.03 or s. 435.04 if committed by an adult. Such records must

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be sealed by the court for use only in meeting the screening

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requirements for personnel in ss. 402.3055, 435.03, and 435.04.

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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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775.083.

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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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provided in ss. 943.053 and 985.04 985.04(2), but shall be

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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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Motor Vehicles. Except as provided in ss. 943.053 and 985.04

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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.