Proposed Committee Substitute by the Committee on Criminal Justice

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A bill to be entitled

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An act relating to the Department of Law Enforcement;

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amending s. 943.05, F.S.; providing that if fingerprints

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submitted to the Department of Law Enforcement for

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background screening are identified with the fingerprints

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of a person having a criminal history record, the

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department may make the fingerprints available for all

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purposes and uses authorized for arrest fingerprint cards;

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amending s. 943.053, F.S.; clarifying the fees charged for

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requests for criminal history information; amending s.

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943.0542, F.S.; authorizing a qualified entity requesting

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screening information concerning an employee or volunteer,

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or a person applying to be an employee or volunteer, to

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submit the request electronically; requiring the qualified

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entity to maintain a signed waiver allowing the release of

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the state and national criminal history record information

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to the qualified entity; amending s. 943.0581, F.S.;

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revising the information to be included in an application

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for an administrative expunction of any nonjudicial record

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of an arrest of a minor or an adult made contrary to law

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or by mistake; clarifying responsibility for submitting an

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application for an administrative expunction; amending s.

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943.06, F.S.; adding the Secretary of Children and Family

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Services, or the secretary's designated assistant, to the

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Criminal and Juvenile Justice Information Systems Council;

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amending 943.08, F.S.; revising the duties of the Criminal

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and Juvenile Justice Information Systems Council; amending

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s. 943.081, F.S.; specifying and clarifying the principles

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adopted by the Criminal and Juvenile Justice Information

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Systems Council as the guiding principles for the

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management of public safety system information technology

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resources; creating the citizen support organization for

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Florida Missing Children's Day; authorizing the Department

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of Law Enforcement to establish a citizen support

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organization to provide assistance, funding, and

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promotional support for activities authorized for "Florida

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Missing Children's Day"; providing for duties and

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functions of the support organization; providing that the

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support organization is not a lobbyist; providing for the

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use and management of department property; providing for

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an annual audit; providing an effective date.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1.  Subsection (3) is added to section 943.05,

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Florida Statutes, to read:

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     943.05  Criminal Justice Information Program; duties; crime

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reports.--

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     (3) If fingerprints submitted to the department for

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background screening, whether retained or not, are identified

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with the fingerprints of a person having a criminal history

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record, such fingerprints may thereafter be available for all

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purposes and uses authorized for arrest fingerprint cards,

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including, but not limited to, entry into the statewide automated

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fingerprint identification system to augment or replace the

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fingerprints that identify the criminal history record.

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     Section 2.  Paragraph (b) of subsection (3) of section

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943.053, Florida Statutes, is amended to read:

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     943.053  Dissemination of criminal justice information;

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fees.--

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     (3)

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     (b)  The fee per record for criminal history information

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provided pursuant to this subsection and to s. 943.0542 is $23

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per name submitted, except that the fee for vendors of the

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Department of Children and Family Services, the Department of

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Juvenile Justice, and the Department of Elderly Affairs shall be

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$8 for each name submitted; the fee for a state criminal history

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provided for application processing as required by law to be

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performed by the Department of Agriculture and Consumer Services

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shall be $15 for each name submitted; and the fee for requests

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under s. 943.0542, which implements the National Child Protection

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Act shall be $18 for each volunteer name submitted. The state

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offices of the Public Defender shall not be assessed a fee for

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Florida criminal history information or wanted person

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information.

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     Section 3.  Paragraphs (b) and (c) of subsection (2) of

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section 943.0542, Florida Statutes, are amended to read:

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     943.0542  Access to criminal history information provided by

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the department to qualified entities.--

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     (2)

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     (b)  A qualified entity shall submit to the department a

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request for screening an employee or volunteer or person applying

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to be an employee or volunteer on a completed fingerprint card,

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or the request may be submitted electronically. The qualified

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entity must maintain, with a signed waiver allowing the release

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of the state and national criminal history record information to

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the qualified entity.

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     (c) Each such request must be accompanied by a fee for a

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statewide criminal history check by the department established

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by, which shall approximate the actual cost of producing the

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record information, as provided in s. 943.053, plus the amount

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currently prescribed required by the Federal Bureau of

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Investigation for the national criminal history check in

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compliance with the National Child Protection Act of 1993, as

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amended.

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     Section 4.  Section 943.0581, Florida Statutes, is amended

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to read:

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     943.0581  Administrative expunction.--

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     (1)  Notwithstanding any law dealing generally with the

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preservation and destruction of public records, the department

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may adopt a provide, by rule adopted pursuant to chapter 120, for

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the administrative expunction of any nonjudicial record of an

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arrest of a minor or an adult made contrary to law or by mistake.

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     (2)  A law enforcement agency shall apply to the department

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in the manner prescribed by rule for the administrative

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expunction of any nonjudicial record of any arrest of a minor or

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an adult who is subsequently determined by the agency, at its

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discretion, or by the final order of a court of competent

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jurisdiction, to have been arrested contrary to law or by

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mistake.

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     (3)  An adult or, in the case of a minor child, the parent

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or legal guardian of the minor child, may apply to the department

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in the manner prescribed by rule for the administrative

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expunction of any nonjudicial record of an arrest alleged to have

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been made contrary to law or by mistake, provided that the

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application is supported by the endorsement of the head of the

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arresting agency or his or her designee, or the state attorney of

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the judicial circuit in which the arrest occurred or his or her

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designee.

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     (4)  An application for administrative expunction shall

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include an affidavit executed by the chief of the law enforcement

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agency, sheriff, or department head of the state law enforcement

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agency in which the affiant verifies that he or she has reviewed

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the record of the arrest and that the arrest was contrary to law

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or was a mistake. The affidavit shall include the date and time

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of the arrest, the name of the arresting officer, the name of the

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person arrested, the offender-based tracking system (OBTS)

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number, and the crime or crimes charged. The application shall be

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on the submitting agency's letterhead and signed by the head of

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the submitting agency or his or her designee.

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     (5) If the person was arrested on a warrant, capias, or

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pick-up order, a request for an administrative expunction may be

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made by the sheriff of the county where the warrant, capias, or

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pick-up order was issued or his or her designee, or by the state

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attorney of the judicial circuit where the warrant, capias, or

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pick-up order was issued or his or her designee.

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     (6)(5) An No application or, endorsement, or affidavit made

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under this section is not shall be admissible as evidence in any

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judicial or administrative proceeding or otherwise be construed

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in any way as an admission of liability in connection with an

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arrest.

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     Section 5.  Subsection (1) of section 943.06, Florida

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Statutes, is amended to read:

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     943.06  Criminal and Juvenile Justice Information Systems

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Council.--There is created a Criminal and Juvenile Justice

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Information Systems Council within the department.

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     (1) The council shall be composed of 15 14 members,

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consisting of the Attorney General or a designated assistant; the

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executive director of the Department of Law Enforcement or a

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designated assistant; the secretary of the Department of

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Corrections or a designated assistant; the chair of the Parole

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Commission or a designated assistant; the Secretary of Juvenile

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Justice or a designated assistant; the executive director of the

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Department of Highway Safety and Motor Vehicles or a designated

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assistant; the Secretary of Children and Family Services or a

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designated assistant; the State Courts Administrator or a

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designated assistant; 1 public defender appointed by the Florida

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Public Defender Association, Inc.; 1 state attorney appointed by

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the Florida Prosecuting Attorneys Association, Inc.; and 5

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members, to be appointed by the Governor, consisting of 2

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sheriffs, 2 police chiefs, and 1 clerk of the circuit court.

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     Section 6.  Section 943.08, Florida Statutes, is amended to

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read:

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     (Substantial rewording of section. See s.

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     943.08, F.S., for present text.)

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     943.08 Duties; Criminal and Juvenile Justice Information

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Systems Council.--

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     (1) The council shall facilitate the identification,

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standardization, sharing, and coordination of criminal and

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juvenile justice data and other public safety system data among

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federal, state, and local agencies.

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     (2) The council shall adopt uniform information-exchange

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standards, methodologies, and best practices, applying national

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standards and models where appropriate, in order to guide local

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and state criminal justice agencies when procuring, implementing,

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or modifying information systems.

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     (3) The council shall provide statewide oversight and

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support the development of plans and policies relating to public

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safety information systems in order to facilitate the effective

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identification, standardization, access, sharing, integrating,

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and coordinating of criminal and juvenile justice data among

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federal, state, and local agencies. The council shall make

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recommendations addressing each of the following:

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     (a) Privacy of data.

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     (b) Security of systems.

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     (c) Functional and information-sharing standards.

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     (d) Accuracy, timeliness, and completeness of data.

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     (e) Access to data and systems.

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     (f) Transmission of data and information.

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     (g) Dissemination of information.

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     (h) Training.

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     (i) Other areas that effect the sharing of criminal and

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juvenile justice information and other public safety system

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information.

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     (4) The council shall provide oversight to the operation of

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the Florida Criminal Justice Network (CJNet), for which the

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Department of Law Enforcement shall serve as custodial manager

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pursuant to s. 943.0544. Criminal justice agencies participating

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in the Florida Criminal Justice Network shall adhere to CJNet

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standards and policies.

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     Section 7.  Section 943.081, Florida Statutes, is amended to

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read:

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     943.081  Public safety system information technology

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resources; guiding principles.--The following guiding principles

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adopted by the Criminal and Juvenile Justice Information Systems

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Council are hereby adopted as guiding principles for the

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management of public safety system information technology

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resources:

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     (1)  Cooperative planning by public safety system entities

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is a prerequisite for the effective development of systems to

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enable sharing of data.

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     (2)  The planning process, as well as coordination of

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development efforts, should identify and include all principals

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from the outset.

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     (3)  Public safety system entities should be committed to

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maximizing information sharing and moving away from proprietary

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positions taken relative to data they capture and maintain.

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     (4)  Public safety system entities should maximize public

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access to data, and in so doing, should specifically implement

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guidelines and practices that address while complying with

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legitimate security, privacy, and confidentiality requirements.

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     (5)  Public safety system entities should strive for

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electronic sharing of information via networks versus a reliance

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on magnetic and other media.

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     (6)  The practice by public safety system entities of

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charging each other for data should, insofar as possible, be

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eliminated. Further, when the capture of data for mutual benefit

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can be accomplished, the costs for the development, capture, and

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network for access to that data should be shared.

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     (7)  The redundant capture of data should, insofar as

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possible, be eliminated. Redundant capture of data should be

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discouraged unless there is a specific business need for it.

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     (8) Public safety systems should adhere to information-

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exchange standards approved by the council.

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     (9) The council should adopt where possible applicable

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national standards for data exchange.

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     (8) With respect to statewide databases:

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     (a) Only data that can best be compiled, preserved, and

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shared through a central database should be captured at the state

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level.

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     (b) Remote access to distributed databases should be

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considered and provided for, instead of central repositories.

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     (c) Statistical data that may be required infrequently or

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on a one-time basis should be captured via sampling or other

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methods.

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     (d) Only data that are auditable, or that otherwise can be

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determined to be accurate, valid, and reliable should be

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maintained.

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     (9) Methods of sharing data among different protocols must

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be developed without requiring major redesign or replacement of

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individual systems.

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     Section 8. Citizen support organization for Florida Missing

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Children's Day.--

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     (1) The Department of Law Enforcement may establish a

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citizen support organization to provide assistance, funding, and

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promotional support for activities authorized for Florida Missing

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Children's Day under s. 683.23, Florida Statutes.

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     (2) As used in this section, the term "citizen support

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organization" means an organization that is:

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     (a) A Florida corporation not for profit incorporated under

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chapter 617, Florida Statutes, and approved by the Department of

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State.

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     (b) Organized and operated to conduct programs and

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activities; raise funds; request and receive grants, gifts, and

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bequests of money; acquire, receive, hold, invest, and

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administer, in its own name, securities, funds, objects of value,

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or other property, either real or personal; and make expenditures

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to or for the direct or indirect benefit of the department in

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furtherance of Florida Missing Children's Day.

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     (3) The citizen support organization is not a registered

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lobbyist within the meaning of s. 11.045, Florida Statutes.

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     (4) The citizen support organization is specifically

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authorized to collect and expend funds to be used for awards;

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public awareness and awards ceremonies, workshops, and other

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meetings, including distribution materials for public education

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and awareness; travel; Internet and web-hosting services;

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administrative costs, including personnel costs; costs of audits;

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and costs of facilities rental.

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     (5) The activities of the citizen support organization must

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be determined by the department to be consistent with the goals

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and mission of the department and in the best interests of the

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state and approved in writing by the department to operate for

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the direct or indirect benefit of the department. The approval

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shall be given in a letter of agreement from the department.

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     (6)(a) The department may fix and collect charges for the

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rental of facilities and properties managed by the department and

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may permit, without charge, appropriate use of administrative

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services, property, and facilities of the department by the

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citizen support organization, subject to this section. The use

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must be directly in keeping with the approved purposes of the

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citizen support organization and may not be made at times or

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places that would unreasonably interfere with opportunities for

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the public to use such facilities for established purposes. Any

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money received from rentals of facilities and properties managed

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by the department may be held in the operating trust fund of the

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department or in a separate depository account in the name of the

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citizen support organization and subject to the provisions of the

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letter of agreement with the department. The letter of agreement

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must provide that any funds held in the separate depository

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account in the name of the citizen support organization must

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revert to the department if the citizen support organization is

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no longer approved by the department to operate in the best

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interests of the state.

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     (b) The department may adopt rules with which a citizen

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support organization must comply in order to use department

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administrative services, property, or facilities.

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     (c) The department may not permit the use of any

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administrative services, property, or facilities of the state by

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a citizen support organization which does not provide equal

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membership and employment opportunities to all persons regardless

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of race, color, religion, gender, age, or national origin.

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     (7) The citizen support organization shall provide for an

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annual financial audit in accordance with s. 215.981, Florida

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Statutes. Copies of the audit will be provided to the department,

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the Office of Policy and Budget within the Executive Office of

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the Governor, and the Florida Cabinet.

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     Section 9.  This act shall take effect July 1, 2008.