Florida Senate - 2021                   (PROPOSED BILL) SPB 7012
       
       
        
       FOR CONSIDERATION By the Committee on Criminal Justice
       
       
       
       
       
       591-00894-21                                          20217012pb
    1                        A bill to be entitled                      
    2         An act relating to a review under the Open Government
    3         Sunset Review Act; amending ss. 943.053 and 985.04,
    4         F.S.; abrogating the scheduled repeals of provisions
    5         relating to criminal history information of juveniles;
    6         providing an effective date.
    7          
    8  Be It Enacted by the Legislature of the State of Florida:
    9  
   10         Section 1. Subsection (3) of section 943.053, Florida
   11  Statutes, is amended to read:
   12         943.053 Dissemination of criminal justice information;
   13  fees.—
   14         (3)(a) Criminal history information relating to an adult,
   15  compiled by the Criminal Justice Information Program from
   16  intrastate sources shall be available on a priority basis to
   17  criminal justice agencies for criminal justice purposes free of
   18  charge. After providing the program with all known personal
   19  identifying information, persons in the private sector and
   20  noncriminal justice agencies may be provided criminal history
   21  information upon tender of fees as established in this
   22  subsection and in the manner prescribed by rule of the
   23  Department of Law Enforcement.
   24         (b)1. Criminal history information relating to a juvenile
   25  compiled by the Criminal Justice Information Program from
   26  intrastate sources shall be released as provided in this
   27  section. Such information is confidential and exempt from s.
   28  119.07(1) and s. 24(a), Art. I of the State Constitution, unless
   29  such juvenile has been:
   30         1.a. Taken into custody by a law enforcement officer for a
   31  violation of law which, if committed by an adult, would be a
   32  felony;
   33         2.b. Charged with a violation of law which, if committed by
   34  an adult, would be a felony;
   35         3.c. Found to have committed an offense which, if committed
   36  by an adult, would be a felony; or
   37         4.d. Transferred to adult court pursuant to part X of
   38  chapter 985,
   39  
   40  and provided the criminal history record has not been expunged
   41  or sealed under any law applicable to such record.
   42         2. This paragraph is subject to the Open Government Sunset
   43  Review Act in accordance with s. 119.15 and shall stand repealed
   44  on October 2, 2021, unless reviewed and saved from repeal
   45  through reenactment by the Legislature.
   46         (c)1. Criminal history information relating to juveniles,
   47  including criminal history information consisting in whole or in
   48  part of information that is confidential and exempt under
   49  paragraph (b), shall be available to:
   50         a. A criminal justice agency for criminal justice purposes
   51  on a priority basis and free of charge;
   52         b. The person to whom the record relates, or his or her
   53  attorney;
   54         c. The parent, guardian, or legal custodian of the person
   55  to whom the record relates, provided such person has not reached
   56  the age of majority, been emancipated by a court, or been
   57  legally married; or
   58         d. An agency or entity specified in s. 943.0585(6) or s.
   59  943.059(6), for the purposes specified therein, and to any
   60  person within such agency or entity who has direct
   61  responsibility for employment, access authorization, or
   62  licensure decisions.
   63         2. After providing the program with all known personal
   64  identifying information, the criminal history information
   65  relating to a juvenile which is not confidential and exempt
   66  under this subsection may be released to the private sector and
   67  noncriminal justice agencies not specified in s. 943.0585(6) or
   68  s. 943.059(6) in the same manner as provided in paragraph (a).
   69  Criminal history information relating to a juvenile which is not
   70  confidential and exempt under this subsection is the entire
   71  criminal history information relating to a juvenile who
   72  satisfies any of the criteria listed in subparagraphs (b)1.-4.
   73  sub-subparagraphs (b)1.a.-d., except for any portion of such
   74  juvenile’s criminal history record which has been expunged or
   75  sealed under any law applicable to such record.
   76         3. All criminal history information relating to juveniles,
   77  other than that provided to criminal justice agencies for
   78  criminal justice purposes, shall be provided upon tender of fees
   79  as established in this subsection and in the manner prescribed
   80  by rule of the Department of Law Enforcement.
   81         (d) The fee for access to criminal history information by
   82  the private sector or a noncriminal justice agency shall be
   83  assessed without regard to the size or category of criminal
   84  history record information requested.
   85         (e) The fee per record for criminal history information
   86  provided pursuant to this subsection and s. 943.0542 is $24 per
   87  name submitted, except that the fee for the guardian ad litem
   88  program and vendors of the Department of Children and Families,
   89  the Department of Juvenile Justice, the Agency for Persons with
   90  Disabilities, and the Department of Elderly Affairs shall be $8
   91  for each name submitted; the fee for a state criminal history
   92  provided for application processing as required by law to be
   93  performed by the Department of Agriculture and Consumer Services
   94  shall be $15 for each name submitted; and the fee for requests
   95  under s. 943.0542, which implements the National Child
   96  Protection Act, shall be $18 for each volunteer name submitted.
   97  The state offices of the Public Defender shall not be assessed a
   98  fee for Florida criminal history information or wanted person
   99  information.
  100         Section 2. Subsection (2) of section 985.04, Florida
  101  Statutes, is amended to read:
  102         985.04 Oaths; records; confidential information.—
  103         (2)(a)1. Notwithstanding any other provisions of this
  104  chapter, the name, photograph, address, and crime or arrest
  105  report of a child:
  106         1.a. Taken into custody by a law enforcement officer for a
  107  violation of law which, if committed by an adult, would be a
  108  felony;
  109         2.b. Charged with a violation of law which, if committed by
  110  an adult, would be a felony;
  111         3.c. Found to have committed an offense which, if committed
  112  by an adult, would be a felony; or
  113         4.d. Transferred to adult court pursuant to part X of this
  114  chapter,
  115  
  116  are not considered confidential and exempt from s. 119.07(1)
  117  solely because of the child’s age.
  118         (b)2. A public records custodian may choose not to
  119  electronically publish on the custodian’s website the arrest or
  120  booking photographs of a child which are not confidential and
  121  exempt under this section or otherwise restricted from
  122  publication by law; however, this paragraph subparagraph does
  123  not restrict public access to records as provided by s. 119.07.
  124         (b) This subsection is subject to the Open Government
  125  Sunset Review Act in accordance with s. 119.15 and shall stand
  126  repealed on October 2, 2021, unless reviewed and saved from
  127  repeal through reenactment by the Legislature.
  128         Section 3. This act shall take effect October 1, 2021.