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.
25943.0585, F.S.; providing additional circumstances in
26which a person may not lawfully deny or fail to
27acknowledge the arrests covered by an expunged criminal
28history record; amending s. 943.059, F.S.; providing that
29sealed criminal history records may be available to judges
30in the state courts system for specified purposes;
31providing additional circumstances in which a person may
32not lawfully deny or fail to acknowledge the arrests
33covered by a sealed criminal history record; amending s.
34943.06, F.S.; adding the Secretary of Children and Family
35Services, or the secretary's designated assistant, to the
36Criminal and Juvenile Justice Information Systems Council;
37amending s. 943.08, F.S.; revising the duties of the
38Criminal and Juvenile Justice Information Systems Council;
39amending s. 943.081, F.S.; specifying and clarifying the
40principles adopted by the Criminal and Juvenile Justice
41Information Systems Council as the guiding principles for
42the management of public safety system information
43technology resources; authorizing creation of a citizen
44support organization for Florida Missing Children's Day by
45the Department of Law Enforcement to provide assistance,
46funding, and promotional support for activities authorized
47for that day; providing for duties and functions of the
48support organization; authorizing the department to fix
49and collect charges for the rental of facilities and
50properties managed by the department and providing for
51deposit and use of moneys collected; providing that the
52support organization is not a lobbyist; providing for the
53use and management of department property; providing for
54an annual audit; providing an effective date.
55
56Be It Enacted by the Legislature of the State of Florida:
57
58     Section 1.  Subsection (3) is added to section 943.05,
59Florida Statutes, to read:
60     943.05  Criminal Justice Information Program; duties; crime
61reports.--
62     (3)  If fingerprints submitted to the department for
63background screening, whether retained or not, are identified
64with the fingerprints of a person having a criminal history
65record, such fingerprints may thereafter be available for all
66purposes and uses authorized for arrest fingerprint cards,
67including, but not limited to, entry into the statewide
68automated fingerprint identification system to augment or
69replace the fingerprints that identify the criminal history
70record.
71     Section 2.  Paragraph (b) of subsection (3) of section
72943.053, Florida Statutes, is amended to read:
73     943.053  Dissemination of criminal justice information;
74fees.--
75     (3)
76     (b)  The fee per record for criminal history information
77provided pursuant to this subsection and s. 943.0542 is $23 per
78name submitted, except that the fee for vendors of the
79Department of Children and Family Services, the Department of
80Juvenile Justice, and the Department of Elderly Affairs shall be
81$8 for each name submitted; the fee for a state criminal history
82provided for application processing as required by law to be
83performed by the Department of Agriculture and Consumer Services
84shall be $15 for each name submitted; and the fee for requests
85under s. 943.0542, which implements the National Child
86Protection Act, shall be $18 for each volunteer name submitted.
87The state offices of the Public Defender shall not be assessed a
88fee for Florida criminal history information or wanted person
89information.
90     Section 3.  Paragraphs (b) and (c) of subsection (2) of
91section 943.0542, Florida Statutes, are amended to read:
92     943.0542  Access to criminal history information provided
93by the department to qualified entities.--
94     (2)
95     (b)  A qualified entity shall submit to the department a
96request for screening an employee or volunteer or person
97applying to be an employee or volunteer on a completed
98fingerprint card, or the request may be submitted
99electronically. The qualified entity must maintain, with a
100signed waiver allowing the release of the state and national
101criminal history record information to the qualified entity.
102     (c)  Each such request must be accompanied by a fee for a
103statewide criminal history check by the department established
104by, which shall approximate the actual cost of producing the
105record information, as provided in s. 943.053, plus the amount
106currently prescribed required by the Federal Bureau of
107Investigation for the national criminal history check in
108compliance with the National Child Protection Act of 1993, as
109amended.
110     Section 4.  Section 943.0581, Florida Statutes, is amended
111to read:
112     943.0581  Administrative expunction.--
113     (1)  Notwithstanding any law dealing generally with the
114preservation and destruction of public records, the department
115may adopt a provide, by rule adopted pursuant to chapter 120,
116for the administrative expunction of any nonjudicial record of
117an arrest of a minor or an adult made contrary to law or by
118mistake.
119     (2)  A law enforcement agency shall apply to the department
120in the manner prescribed by rule for the administrative
121expunction of any nonjudicial record of any arrest of a minor or
122an adult who is subsequently determined by the agency, at its
123discretion, or by the final order of a court of competent
124jurisdiction, to have been arrested contrary to law or by
125mistake.
126     (3)  An adult or, in the case of a minor child, the parent
127or legal guardian of the minor child, may apply to the
128department in the manner prescribed by rule for the
129administrative expunction of any nonjudicial record of an arrest
130alleged to have been made contrary to law or by mistake,
131provided that the application is supported by the endorsement of
132the head of the arresting agency or his or her designee or the
133state attorney of the judicial circuit in which the arrest
134occurred or his or her designee.
135     (4)  An application for administrative expunction shall
136include an affidavit executed by the chief of the law
137enforcement agency, sheriff, or department head of the state law
138enforcement agency in which the affiant verifies that he or she
139has reviewed the record of the arrest and that the arrest was
140contrary to law or was a mistake. The affidavit shall include
141the date and time of the arrest, the name of the arresting
142officer, the name of the person arrested, the offender-based
143tracking system (OBTS) number, and the crime or crimes charged.
144The application shall be on the submitting agency's letterhead
145and shall be signed by the head of the submitting agency or his
146or her designee.
147     (5)  If the person was arrested on a warrant, capias, or
148pick-up order, a request for an administrative expunction may be
149made by the sheriff of the county in which the warrant, capias,
150or pick-up order was issued or his or her designee or by the
151state attorney of the judicial circuit in which the warrant,
152capias, or pick-up order was issued or his or her designee.
153     (6)(5)  An No application or, endorsement, or affidavit
154made under this section is not shall be admissible as evidence
155in any judicial or administrative proceeding or otherwise be
156construed in any way as an admission of liability in connection
157with an arrest.
158     Section 5.  Paragraph (a) of subsection (4) of section
159943.0585, Florida Statutes, is amended to read:
160     943.0585  Court-ordered expunction of criminal history
161records.--The courts of this state have jurisdiction over their
162own procedures, including the maintenance, expunction, and
163correction of judicial records containing criminal history
164information to the extent such procedures are not inconsistent
165with the conditions, responsibilities, and duties established by
166this section. Any court of competent jurisdiction may order a
167criminal justice agency to expunge the criminal history record
168of a minor or an adult who complies with the requirements of
169this section. The court shall not order a criminal justice
170agency to expunge a criminal history record until the person
171seeking to expunge a criminal history record has applied for and
172received a certificate of eligibility for expunction pursuant to
173subsection (2). A criminal history record that relates to a
174violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794,
175s. 796.03, s. 800.04, s. 810.14, s. 817.034, s. 825.1025, s.
176827.071, chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s.
177893.135, s. 916.1075, a violation enumerated in s. 907.041, or
178any violation specified as a predicate offense for registration
179as a sexual predator pursuant to s. 775.21, without regard to
180whether that offense alone is sufficient to require such
181registration, or for registration as a sexual offender pursuant
182to s. 943.0435, may not be expunged, without regard to whether
183adjudication was withheld, if the defendant was found guilty of
184or pled guilty or nolo contendere to the offense, or if the
185defendant, as a minor, was found to have committed, or pled
186guilty or nolo contendere to committing, the offense as a
187delinquent act. The court may only order expunction of a
188criminal history record pertaining to one arrest or one incident
189of alleged criminal activity, except as provided in this
190section. The court may, at its sole discretion, order the
191expunction of a criminal history record pertaining to more than
192one arrest if the additional arrests directly relate to the
193original arrest. If the court intends to order the expunction of
194records pertaining to such additional arrests, such intent must
195be specified in the order. A criminal justice agency may not
196expunge any record pertaining to such additional arrests if the
197order to expunge does not articulate the intention of the court
198to expunge a record pertaining to more than one arrest. This
199section does not prevent the court from ordering the expunction
200of only a portion of a criminal history record pertaining to one
201arrest or one incident of alleged criminal activity.
202Notwithstanding any law to the contrary, a criminal justice
203agency may comply with laws, court orders, and official requests
204of other jurisdictions relating to expunction, correction, or
205confidential handling of criminal history records or information
206derived therefrom. This section does not confer any right to the
207expunction of any criminal history record, and any request for
208expunction of a criminal history record may be denied at the
209sole discretion of the court.
210     (4)  EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.--Any
211criminal history record of a minor or an adult which is ordered
212expunged by a court of competent jurisdiction pursuant to this
213section must be physically destroyed or obliterated by any
214criminal justice agency having custody of such record; except
215that any criminal history record in the custody of the
216department must be retained in all cases. A criminal history
217record ordered expunged that is retained by the department is
218confidential and exempt from the provisions of s. 119.07(1) and
219s. 24(a), Art. I of the State Constitution and not available to
220any person or entity except upon order of a court of competent
221jurisdiction. A criminal justice agency may retain a notation
222indicating compliance with an order to expunge.
223     (a)  The person who is the subject of a criminal history
224record that is expunged under this section or under other
225provisions of law, including former s. 893.14, former s. 901.33,
226and former s. 943.058, may lawfully deny or fail to acknowledge
227the arrests covered by the expunged record, except when the
228subject of the record:
229     1.  Is a candidate for employment with a criminal justice
230agency;
231     2.  Is a defendant in a criminal prosecution;
232     3.  Concurrently or subsequently petitions for relief under
233this section or s. 943.059;
234     4.  Is a candidate for admission to The Florida Bar;
235     5.  Is seeking to be employed or licensed by or to contract
236with the Department of Children and Family Services, the Agency
237for Health Care Administration, the Agency for Persons with
238Disabilities, or the Department of Juvenile Justice or to be
239employed or used by such contractor or licensee in a sensitive
240position having direct contact with children, the
241developmentally disabled, the aged, or the elderly as provided
242in s. 110.1127(3), s. 393.063, s. 394.4572(1), s. 397.451, s.
243402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4),
244chapter 916, s. 985.644, chapter 400, or chapter 429;
245     6.  Is seeking to be employed or licensed by the Department
246of Education, any district school board, any university
247laboratory school, any charter school, any private or parochial
248school, or any local governmental entity that licenses child
249care facilities; or
250     7.  Is seeking authorization from a Florida seaport
251identified in s. 311.09 for employment within or access to one
252or more of such seaports pursuant to s. 311.12 or s. 311.125.
253     Section 6.  Subsection (4) of section 943.059, Florida
254Statutes, is amended to read:
255     943.059  Court-ordered sealing of criminal history
256records.--The courts of this state shall continue to have
257jurisdiction over their own procedures, including the
258maintenance, sealing, and correction of judicial records
259containing criminal history information to the extent such
260procedures are not inconsistent with the conditions,
261responsibilities, and duties established by this section. Any
262court of competent jurisdiction may order a criminal justice
263agency to seal the criminal history record of a minor or an
264adult who complies with the requirements of this section. The
265court shall not order a criminal justice agency to seal a
266criminal history record until the person seeking to seal a
267criminal history record has applied for and received a
268certificate of eligibility for sealing pursuant to subsection
269(2). A criminal history record that relates to a violation of s.
270393.135, s. 394.4593, s. 787.025, chapter 794, s. 796.03, s.
271800.04, s. 810.14, s. 817.034, s. 825.1025, s. 827.071, chapter
272839, s. 847.0133, s. 847.0135, s. 847.0145, s. 893.135, s.
273916.1075, a violation enumerated in s. 907.041, or any violation
274specified as a predicate offense for registration as a sexual
275predator pursuant to s. 775.21, without regard to whether that
276offense alone is sufficient to require such registration, or for
277registration as a sexual offender pursuant to s. 943.0435, may
278not be sealed, without regard to whether adjudication was
279withheld, if the defendant was found guilty of or pled guilty or
280nolo contendere to the offense, or if the defendant, as a minor,
281was found to have committed or pled guilty or nolo contendere to
282committing the offense as a delinquent act. The court may only
283order sealing of a criminal history record pertaining to one
284arrest or one incident of alleged criminal activity, except as
285provided in this section. The court may, at its sole discretion,
286order the sealing of a criminal history record pertaining to
287more than one arrest if the additional arrests directly relate
288to the original arrest. If the court intends to order the
289sealing of records pertaining to such additional arrests, such
290intent must be specified in the order. A criminal justice agency
291may not seal any record pertaining to such additional arrests if
292the order to seal does not articulate the intention of the court
293to seal records pertaining to more than one arrest. This section
294does not prevent the court from ordering the sealing of only a
295portion of a criminal history record pertaining to one arrest or
296one incident of alleged criminal activity. Notwithstanding any
297law to the contrary, a criminal justice agency may comply with
298laws, court orders, and official requests of other jurisdictions
299relating to sealing, correction, or confidential handling of
300criminal history records or information derived therefrom. This
301section does not confer any right to the sealing of any criminal
302history record, and any request for sealing a criminal history
303record may be denied at the sole discretion of the court.
304     (4)  EFFECT OF CRIMINAL HISTORY RECORD SEALING.--A criminal
305history record of a minor or an adult which is ordered sealed by
306a court of competent jurisdiction pursuant to this section is
307confidential and exempt from the provisions of s. 119.07(1) and
308s. 24(a), Art. I of the State Constitution and is available only
309to the person who is the subject of the record, to the subject's
310attorney, to criminal justice agencies for their respective
311criminal justice purposes, which include conducting a criminal
312history background check for approval of firearms purchases or
313transfers as authorized by state or federal law, to judges in
314the state courts system for the purpose of assisting them in
315their case-related decisionmaking responsibilities, as set forth
316in s. 943.053(5), or to those entities set forth in
317subparagraphs (a)1., 4., 5., 6., and 8. for their respective
318licensing, access authorization, and employment purposes.
319     (a)  The subject of a criminal history record sealed under
320this section or under other provisions of law, including former
321s. 893.14, former s. 901.33, and former s. 943.058, may lawfully
322deny or fail to acknowledge the arrests covered by the sealed
323record, except when the subject of the record:
324     1.  Is a candidate for employment with a criminal justice
325agency;
326     2.  Is a defendant in a criminal prosecution;
327     3.  Concurrently or subsequently petitions for relief under
328this section or s. 943.0585;
329     4.  Is a candidate for admission to The Florida Bar;
330     5.  Is seeking to be employed or licensed by or to contract
331with the Department of Children and Family Services, the Agency
332for Health Care Administration, the Agency for Persons with
333Disabilities, or the Department of Juvenile Justice or to be
334employed or used by such contractor or licensee in a sensitive
335position having direct contact with children, the
336developmentally disabled, the aged, or the elderly as provided
337in s. 110.1127(3), s. 393.063, s. 394.4572(1), s. 397.451, s.
338402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4), s.
339415.103, chapter 916, s. 985.644, chapter 400, or chapter 429;
340     6.  Is seeking to be employed or licensed by the Department
341of Education, any district school board, any university
342laboratory school, any charter school, any private or parochial
343school, or any local governmental entity that licenses child
344care facilities;
345     7.  Is attempting to purchase a firearm from a licensed
346importer, licensed manufacturer, or licensed dealer and is
347subject to a criminal history background check under state or
348federal law; or
349     8.  Is seeking authorization from a Florida seaport
350identified in s. 311.09 for employment within or access to one
351or more of such seaports pursuant to s. 311.12 or s. 311.125.
352     (b)  Subject to the exceptions in paragraph (a), a person
353who has been granted a sealing under this section, former s.
354893.14, former s. 901.33, or former s. 943.058 may not be held
355under any provision of law of this state to commit perjury or to
356be otherwise liable for giving a false statement by reason of
357such person's failure to recite or acknowledge a sealed criminal
358history record.
359     (c)  Information relating to the existence of a sealed
360criminal record provided in accordance with the provisions of
361paragraph (a) is confidential and exempt from the provisions of
362s. 119.07(1) and s. 24(a), Art. I of the State Constitution,
363except that the department shall disclose the sealed criminal
364history record to the entities set forth in subparagraphs (a)1.,
3654., 5., 6., and 8. for their respective licensing, access
366authorization, and employment purposes. It is unlawful for any
367employee of an entity set forth in subparagraph (a)1.,
368subparagraph (a)4., subparagraph (a)5., subparagraph (a)6., or
369subparagraph (a)8. to disclose information relating to the
370existence of a sealed criminal history record of a person
371seeking employment, access authorization, or licensure with such
372entity or contractor, except to the person to whom the criminal
373history record relates or to persons having direct
374responsibility for employment, access authorization, or
375licensure decisions. Any person who violates the provisions of
376this paragraph commits a misdemeanor of the first degree,
377punishable as provided in s. 775.082 or s. 775.083.
378     Section 7.  Subsection (1) of section 943.06, Florida
379Statutes, is amended to read:
380     943.06  Criminal and Juvenile Justice Information Systems
381Council.--There is created a Criminal and Juvenile Justice
382Information Systems Council within the department.
383     (1)  The council shall be composed of 15 14 members,
384consisting of the Attorney General or a designated assistant;
385the executive director of the Department of Law Enforcement or a
386designated assistant; the secretary of the Department of
387Corrections or a designated assistant; the chair of the Parole
388Commission or a designated assistant; the Secretary of Juvenile
389Justice or a designated assistant; the executive director of the
390Department of Highway Safety and Motor Vehicles or a designated
391assistant; the Secretary of Children and Family Services or a
392designated assistant; the State Courts Administrator or a
393designated assistant; 1 public defender appointed by the Florida
394Public Defender Association, Inc.; 1 state attorney appointed by
395the Florida Prosecuting Attorneys Association, Inc.; and 5
396members, to be appointed by the Governor, consisting of 2
397sheriffs, 2 police chiefs, and 1 clerk of the circuit court.
398     Section 8.  Section 943.08, Florida Statutes, is amended to
399read:
400(Substantial rewording of section. See s.
401943.08, F.S., for present text.)
402     943.08  Duties; Criminal and Juvenile Justice Information
403Systems Council.--
404     (1)  The council shall facilitate the identification,
405standardization, sharing, and coordination of criminal and
406juvenile justice data and other public safety system data among
407federal, state, and local agencies.
408     (2)  The council shall adopt uniform information-exchange
409standards, methodologies, and best practices, applying national
410standards and models when appropriate, in order to guide local
411and state criminal justice agencies when procuring,
412implementing, or modifying information systems.
413     (3)  The council shall provide statewide oversight and
414support the development of plans and policies relating to public
415safety information systems in order to facilitate the effective
416identification, standardization, access, sharing, integrating,
417and coordinating of criminal and juvenile justice data among
418federal, state, and local agencies. The council shall make
419recommendations addressing each of the following:
420     (a)  Privacy of data.
421     (b)  Security of systems.
422     (c)  Functional and information-sharing standards.
423     (d)  Accuracy, timeliness, and completeness of data.
424     (e)  Access to data and systems.
425     (f)  Transmission of data and information.
426     (g)  Dissemination of information.
427     (h)  Training.
428     (i)  Other areas that effect the sharing of criminal and
429juvenile justice information and other public safety system
430information.
431     (4)  The council shall provide oversight to the operation
432of the Criminal Justice Network (CJNet) for which the department
433shall serve as custodial manager pursuant to s. 943.0544.
434Criminal justice agencies participating in the Criminal Justice
435Network shall adhere to CJNet standards and policies.
436     Section 9.  Section 943.081, Florida Statutes, is amended
437to read:
438     943.081  Public safety system information technology
439resources; guiding principles.--The following guiding principles
440adopted by the Criminal and Juvenile Justice Information Systems
441Council are hereby adopted as guiding principles for the
442management of public safety system information technology
443resources:
444     (1)  Cooperative planning by public safety system entities
445is a prerequisite for the effective development of systems to
446enable sharing of data.
447     (2)  The planning process, as well as coordination of
448development efforts, should identify and include all principals
449from the outset.
450     (3)  Public safety system entities should be committed to
451maximizing information sharing and moving away from proprietary
452positions taken relative to data they capture and maintain.
453     (4)  Public safety system entities should maximize public
454access to data and, in so doing, should specifically implement
455guidelines and practices that address while complying with
456legitimate security, privacy, and confidentiality requirements.
457     (5)  Public safety system entities should strive for
458electronic sharing of information via networks versus a reliance
459on magnetic and other media.
460     (6)  The practice by public safety system entities of
461charging each other for data should, insofar as possible, be
462eliminated. Further, when the capture of data for mutual benefit
463can be accomplished, the costs for the development, capture, and
464network for access to that data should be shared.
465     (7)  The redundant capture of data should, insofar as
466possible, be eliminated. Redundant capture of data should be
467discouraged unless there is a specific business need for it.
468     (8)  Public safety systems should adhere to information-
469exchange standards approved by the council.
470     (9)  The council should adopt where possible applicable
471national standards for data exchange.
472     (8)  With respect to statewide databases:
473     (a)  Only data that can best be compiled, preserved, and
474shared through a central database should be captured at the
475state level.
476     (b)  Remote access to distributed databases should be
477considered and provided for, instead of central repositories.
478     (c)  Statistical data that may be required infrequently or
479on a one-time basis should be captured via sampling or other
480methods.
481     (d)  Only data that are auditable, or that otherwise can be
482determined to be accurate, valid, and reliable should be
483maintained.
484     (9)  Methods of sharing data among different protocols must
485be developed without requiring major redesign or replacement of
486individual systems.
487     Section 10.  Citizen support organization for Florida
488Missing Children's Day.--
489     (1)  The Department of Law Enforcement may establish a
490citizen support organization to provide assistance, funding, and
491promotional support for activities authorized for Florida
492Missing Children's Day under s. 683.23, Florida Statutes.
493     (2)  As used in this section, the term "citizen support
494organization" means an organization that is:
495     (a)  A Florida corporation not for profit incorporated
496under chapter 617, Florida Statutes, and approved by the
497Department of State.
498     (b)  Organized and operated to conduct programs and
499activities; raise funds; request and receive grants, gifts, and
500bequests of money; acquire, receive, hold, invest, and
501administer, in its own name, securities, funds, objects of
502value, or other property, either real or personal; and make
503expenditures to or for the direct or indirect benefit of the
504department in furtherance of Florida Missing Children's Day.
505     (3)  The citizen support organization is not a registered
506lobbyist within the meaning of s. 11.045, Florida Statutes.
507     (4)  The citizen support organization is specifically
508authorized to collect and expend funds to be used for awards;
509public awareness and awards ceremonies, workshops, and other
510meetings, including distribution materials for public education
511and awareness; travel; Internet and web-hosting services;
512administrative costs, including personnel costs; costs of
513audits; and costs of facilities rental.
514     (5)  The activities of the citizen support organization
515must be determined by the department to be consistent with the
516goals and mission of the department and in the best interests of
517the state and approved in writing by the department to operate
518for the direct or indirect benefit of the department. The
519approval shall be given in a letter of agreement from the
520department.
521     (6)(a)  The department may fix and collect charges for the
522rental of facilities and properties managed by the department
523and may permit, without charge, appropriate use of
524administrative services, property, and facilities of the
525department by the citizen support organization, subject to this
526section. The use must be directly in keeping with the approved
527purposes of the citizen support organization and may not be made
528at times or places that would unreasonably interfere with
529opportunities for the public to use such facilities for
530established purposes. Any money received from rentals of
531facilities and properties managed by the department may be held
532in the Operating Trust Fund of the department or in a separate
533depository account in the name of the citizen support
534organization and subject to the provisions of the letter of
535agreement with the department. The letter of agreement must
536provide that any funds held in the separate depository account
537in the name of the citizen support organization must revert to
538the department if the citizen support organization is no longer
539approved by the department to operate in the best interests of
540the state.
541     (b)  The department may adopt rules with which a citizen
542support organization must comply in order to use department
543administrative services, property, or facilities.
544     (c)  The department may not permit the use of any
545administrative services, property, or facilities of the state by
546a citizen support organization that does not provide equal
547membership and employment opportunities to all persons
548regardless of race, color, religion, gender, age, or national
549origin.
550     (7)  The citizen support organization shall provide for an
551independent annual financial audit in accordance with s.
552215.981, Florida Statutes. Copies of the audit shall be provided
553to the department, the Office of Policy and Budget in the
554Executive Office of the Governor, and the Florida Cabinet.
555     Section 11.  This act shall take effect July 1, 2008.


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