HB 7113

1
A bill to be entitled
2An act relating to the Department of Law Enforcement;
3amending s. 943.05, F.S.; providing that if fingerprints
4submitted to the Department of Law Enforcement for
5background screening are identified with the fingerprints
6of a person having a criminal history record, the
7department may make the fingerprints available for all
8purposes and uses authorized for arrest fingerprint cards;
9amending s. 943.053, F.S.; clarifying provisions relating
10to the fees charged for requests for criminal history
11information; amending s. 943.0542, F.S.; authorizing a
12qualified entity requesting screening information
13concerning an employee or volunteer, or a person applying
14to be an employee or volunteer, to submit the request
15electronically; requiring the qualified entity to maintain
16a signed waiver allowing the release of the state and
17national criminal history record information to the
18qualified entity; revising provisions relating to the fees
19for such screenings; amending s. 943.0581, F.S.; revising
20the information to be included in an application for an
21administrative expunction of any nonjudicial record of an
22arrest of a minor or an adult made contrary to law or by
23mistake; permitting specified officials to make an
24application for an administrative expunction; amending s.
25943.06, F.S.; adding the Secretary of Children and Family
26Services, or the secretary's designated assistant, to the
27Criminal and Juvenile Justice Information Systems Council;
28amending s. 943.08, F.S.; revising the duties of the
29Criminal and Juvenile Justice Information Systems Council;
30amending s. 943.081, F.S.; specifying and clarifying the
31principles adopted by the Criminal and Juvenile Justice
32Information Systems Council as the guiding principles for
33the management of public safety system information
34technology resources; authorizing creation of a citizen
35support organization for Florida Missing Children's Day by
36the Department of Law Enforcement to provide assistance,
37funding, and promotional support for activities authorized
38for that day; providing for duties and functions of the
39support organization; authorizing the department to fix
40and collect charges for the rental of facilities and
41properties managed by the department and providing for
42deposit and use of moneys collected; providing that the
43support organization is not a lobbyist; providing for the
44use and management of department property; providing for
45an annual audit; providing an effective date.
46
47Be It Enacted by the Legislature of the State of Florida:
48
49     Section 1.  Subsection (3) is added to section 943.05,
50Florida Statutes, to read:
51     943.05  Criminal Justice Information Program; duties; crime
52reports.--
53     (3)  If fingerprints submitted to the department for
54background screening, whether retained or not, are identified
55with the fingerprints of a person having a criminal history
56record, such fingerprints may thereafter be available for all
57purposes and uses authorized for arrest fingerprint cards,
58including, but not limited to, entry into the statewide
59automated fingerprint identification system to augment or
60replace the fingerprints that identify the criminal history
61record.
62     Section 2.  Paragraph (b) of subsection (3) of section
63943.053, Florida Statutes, is amended to read:
64     943.053  Dissemination of criminal justice information;
65fees.--
66     (3)
67     (b)  The fee per record for criminal history information
68provided pursuant to this subsection and s. 943.0542 is $23 per
69name submitted, except that the fee for vendors of the
70Department of Children and Family Services, the Department of
71Juvenile Justice, and the Department of Elderly Affairs shall be
72$8 for each name submitted; the fee for a state criminal history
73provided for application processing as required by law to be
74performed by the Department of Agriculture and Consumer Services
75shall be $15 for each name submitted; and the fee for requests
76under s. 943.0542, which implements the National Child
77Protection Act, shall be $18 for each volunteer name submitted.
78The state offices of the Public Defender shall not be assessed a
79fee for Florida criminal history information or wanted person
80information.
81     Section 3.  Paragraphs (b) and (c) of subsection (2) of
82section 943.0542, Florida Statutes, are amended to read:
83     943.0542  Access to criminal history information provided
84by the department to qualified entities.--
85     (2)
86     (b)  A qualified entity shall submit to the department a
87request for screening an employee or volunteer or person
88applying to be an employee or volunteer on a completed
89fingerprint card, or the request may be submitted
90electronically. The qualified entity must maintain, with a
91signed waiver allowing the release of the state and national
92criminal history record information to the qualified entity.
93     (c)  Each such request must be accompanied by a fee for a
94statewide criminal history check by the department established
95by, which shall approximate the actual cost of producing the
96record information, as provided in s. 943.053, plus the amount
97currently prescribed required by the Federal Bureau of
98Investigation for the national criminal history check in
99compliance with the National Child Protection Act of 1993, as
100amended.
101     Section 4.  Section 943.0581, Florida Statutes, is amended
102to read:
103     943.0581  Administrative expunction.--
104     (1)  Notwithstanding any law dealing generally with the
105preservation and destruction of public records, the department
106may adopt a provide, by rule adopted pursuant to chapter 120,
107for the administrative expunction of any nonjudicial record of
108an arrest of a minor or an adult made contrary to law or by
109mistake.
110     (2)  A law enforcement agency shall apply to the department
111in the manner prescribed by rule for the administrative
112expunction of any nonjudicial record of any arrest of a minor or
113an adult who is subsequently determined by the agency, at its
114discretion, or by the final order of a court of competent
115jurisdiction, to have been arrested contrary to law or by
116mistake.
117     (3)  An adult or, in the case of a minor child, the parent
118or legal guardian of the minor child, may apply to the
119department in the manner prescribed by rule for the
120administrative expunction of any nonjudicial record of an arrest
121alleged to have been made contrary to law or by mistake,
122provided that the application is supported by the endorsement of
123the head of the arresting agency or his or her designee or the
124state attorney of the judicial circuit in which the arrest
125occurred or his or her designee.
126     (4)  An application for administrative expunction shall
127include an affidavit executed by the chief of the law
128enforcement agency, sheriff, or department head of the state law
129enforcement agency in which the affiant verifies that he or she
130has reviewed the record of the arrest and that the arrest was
131contrary to law or was a mistake. The affidavit shall include
132the date and time of the arrest, the name of the arresting
133officer, the name of the person arrested, the offender-based
134tracking system (OBTS) number, and the crime or crimes charged.
135The application shall be on the submitting agency's letterhead
136and shall be signed by the head of the submitting agency or his
137or her designee.
138     (5)  If the person was arrested on a warrant, capias, or
139pick-up order, a request for an administrative expunction may be
140made by the sheriff of the county in which the warrant, capias,
141or pick-up order was issued or his or her designee or by the
142state attorney of the judicial circuit in which the warrant,
143capias, or pick-up order was issued or his or her designee.
144     (6)(5)  An No application or, endorsement, or affidavit
145made under this section is not shall be admissible as evidence
146in any judicial or administrative proceeding or otherwise be
147construed in any way as an admission of liability in connection
148with an arrest.
149     Section 5.  Subsection (1) of section 943.06, Florida
150Statutes, is amended to read:
151     943.06  Criminal and Juvenile Justice Information Systems
152Council.--There is created a Criminal and Juvenile Justice
153Information Systems Council within the department.
154     (1)  The council shall be composed of 15 14 members,
155consisting of the Attorney General or a designated assistant;
156the executive director of the Department of Law Enforcement or a
157designated assistant; the secretary of the Department of
158Corrections or a designated assistant; the chair of the Parole
159Commission or a designated assistant; the Secretary of Juvenile
160Justice or a designated assistant; the executive director of the
161Department of Highway Safety and Motor Vehicles or a designated
162assistant; the Secretary of Children and Family Services or a
163designated assistant; the State Courts Administrator or a
164designated assistant; 1 public defender appointed by the Florida
165Public Defender Association, Inc.; 1 state attorney appointed by
166the Florida Prosecuting Attorneys Association, Inc.; and 5
167members, to be appointed by the Governor, consisting of 2
168sheriffs, 2 police chiefs, and 1 clerk of the circuit court.
169     Section 6.  Section 943.08, Florida Statutes, is amended to
170read:
171(Substantial rewording of section. See s.
172943.08, F.S., for present text.)
173     943.08  Duties; Criminal and Juvenile Justice Information
174Systems Council.--
175     (1)  The council shall facilitate the identification,
176standardization, sharing, and coordination of criminal and
177juvenile justice data and other public safety system data among
178federal, state, and local agencies.
179     (2)  The council shall adopt uniform information-exchange
180standards, methodologies, and best practices, applying national
181standards and models when appropriate, in order to guide local
182and state criminal justice agencies when procuring,
183implementing, or modifying information systems.
184     (3)  The council shall provide statewide oversight and
185support the development of plans and policies relating to public
186safety information systems in order to facilitate the effective
187identification, standardization, access, sharing, integrating,
188and coordinating of criminal and juvenile justice data among
189federal, state, and local agencies. The council shall make
190recommendations addressing each of the following:
191     (a)  Privacy of data.
192     (b)  Security of systems.
193     (c)  Functional and information-sharing standards.
194     (d)  Accuracy, timeliness, and completeness of data.
195     (e)  Access to data and systems.
196     (f)  Transmission of data and information.
197     (g)  Dissemination of information.
198     (h)  Training.
199     (i)  Other areas that effect the sharing of criminal and
200juvenile justice information and other public safety system
201information.
202     (4)  The council shall provide oversight to the operation
203of the Criminal Justice Network (CJNet) for which the department
204shall serve as custodial manager pursuant to s. 943.0544.
205Criminal justice agencies participating in the Criminal Justice
206Network shall adhere to CJNet standards and policies.
207     Section 7.  Section 943.081, Florida Statutes, is amended
208to read:
209     943.081  Public safety system information technology
210resources; guiding principles.--The following guiding principles
211adopted by the Criminal and Juvenile Justice Information Systems
212Council are hereby adopted as guiding principles for the
213management of public safety system information technology
214resources:
215     (1)  Cooperative planning by public safety system entities
216is a prerequisite for the effective development of systems to
217enable sharing of data.
218     (2)  The planning process, as well as coordination of
219development efforts, should identify and include all principals
220from the outset.
221     (3)  Public safety system entities should be committed to
222maximizing information sharing and moving away from proprietary
223positions taken relative to data they capture and maintain.
224     (4)  Public safety system entities should maximize public
225access to data and, in so doing, should specifically implement
226guidelines and practices that address while complying with
227legitimate security, privacy, and confidentiality requirements.
228     (5)  Public safety system entities should strive for
229electronic sharing of information via networks versus a reliance
230on magnetic and other media.
231     (6)  The practice by public safety system entities of
232charging each other for data should, insofar as possible, be
233eliminated. Further, when the capture of data for mutual benefit
234can be accomplished, the costs for the development, capture, and
235network for access to that data should be shared.
236     (7)  The redundant capture of data should, insofar as
237possible, be eliminated. Redundant capture of data should be
238discouraged unless there is a specific business need for it.
239     (8)  Public safety systems should adhere to information-
240exchange standards approved by the council.
241     (9)  The council should adopt where possible applicable
242national standards for data exchange.
243     (8)  With respect to statewide databases:
244     (a)  Only data that can best be compiled, preserved, and
245shared through a central database should be captured at the
246state level.
247     (b)  Remote access to distributed databases should be
248considered and provided for, instead of central repositories.
249     (c)  Statistical data that may be required infrequently or
250on a one-time basis should be captured via sampling or other
251methods.
252     (d)  Only data that are auditable, or that otherwise can be
253determined to be accurate, valid, and reliable should be
254maintained.
255     (9)  Methods of sharing data among different protocols must
256be developed without requiring major redesign or replacement of
257individual systems.
258     Section 8.  Citizen support organization for Florida
259Missing Children's Day.--
260     (1)  The Department of Law Enforcement may establish a
261citizen support organization to provide assistance, funding, and
262promotional support for activities authorized for Florida
263Missing Children's Day under s. 683.23, Florida Statutes.
264     (2)  As used in this section, the term "citizen support
265organization" means an organization that is:
266     (a)  A Florida corporation not for profit incorporated
267under chapter 617, Florida Statutes, and approved by the
268Department of State.
269     (b)  Organized and operated to conduct programs and
270activities; raise funds; request and receive grants, gifts, and
271bequests of money; acquire, receive, hold, invest, and
272administer, in its own name, securities, funds, objects of
273value, or other property, either real or personal; and make
274expenditures to or for the direct or indirect benefit of the
275department in furtherance of Florida Missing Children's Day.
276     (3)  The citizen support organization is not a registered
277lobbyist within the meaning of s. 11.045, Florida Statutes.
278     (4)  The citizen support organization is specifically
279authorized to collect and expend funds to be used for awards;
280public awareness and awards ceremonies, workshops, and other
281meetings, including distribution materials for public education
282and awareness; travel; Internet and web-hosting services;
283administrative costs, including personnel costs; costs of
284audits; and costs of facilities rental.
285     (5)  The activities of the citizen support organization
286must be determined by the department to be consistent with the
287goals and mission of the department and in the best interests of
288the state and approved in writing by the department to operate
289for the direct or indirect benefit of the department. The
290approval shall be given in a letter of agreement from the
291department.
292     (6)(a)  The department may fix and collect charges for the
293rental of facilities and properties managed by the department
294and may permit, without charge, appropriate use of
295administrative services, property, and facilities of the
296department by the citizen support organization, subject to this
297section. The use must be directly in keeping with the approved
298purposes of the citizen support organization and may not be made
299at times or places that would unreasonably interfere with
300opportunities for the public to use such facilities for
301established purposes. Any money received from rentals of
302facilities and properties managed by the department may be held
303in the Operating Trust Fund of the department or in a separate
304depository account in the name of the citizen support
305organization and subject to the provisions of the letter of
306agreement with the department. The letter of agreement must
307provide that any funds held in the separate depository account
308in the name of the citizen support organization must revert to
309the department if the citizen support organization is no longer
310approved by the department to operate in the best interests of
311the state.
312     (b)  The department may adopt rules with which a citizen
313support organization must comply in order to use department
314administrative services, property, or facilities.
315     (c)  The department may not permit the use of any
316administrative services, property, or facilities of the state by
317a citizen support organization that does not provide equal
318membership and employment opportunities to all persons
319regardless of race, color, religion, gender, age, or national
320origin.
321     (7)  The citizen support organization shall provide for an
322independent annual financial audit in accordance with s.
323215.981, Florida Statutes. Copies of the audit shall be provided
324to the department, the Office of Policy and Budget in the
325Executive Office of the Governor, and the Florida Cabinet.
326     Section 9.  This act shall take effect July 1, 2008.


CODING: Words stricken are deletions; words underlined are additions.