Florida Senate - 2024                   (PROPOSED BILL) SPB 7058
       
       
        
       FOR CONSIDERATION By the Committee on Governmental Oversight and
       Accountability
       
       
       
       
       585-02722A-24                                         20247058pb
    1                        A bill to be entitled                      
    2         An act relating to criminal history checks for the
    3         Florida State Guard; creating s. 251.002, F.S.;
    4         requiring applicants for the Florida State Guard to
    5         submit a complete set of fingerprints to the Division
    6         of the State Guard or other specified entity, vendor,
    7         or agency; requiring that the division or such entity,
    8         vendor, or agency forward the fingerprints to the
    9         Department of Law Enforcement for processing and that
   10         the department forward the fingerprints to the Federal
   11         Bureau of Investigation for a national criminal
   12         history check; requiring the Department of Military
   13         Affairs, and authorizing the division, to review
   14         certain results and make a specified determination;
   15         requiring the division to bear the fees for state and
   16         federal processing of the fingerprints; specifying the
   17         state cost for fingerprint processing; requiring that
   18         the fingerprints be retained by the Department of Law
   19         Enforcement in accordance with a specified provision
   20         and enrollment of the fingerprints in the Federal
   21         Bureau of Investigation’s national retained print
   22         arrest notification program; requiring that identified
   23         arrest records be sent to the division; providing an
   24         effective date.
   25          
   26  Be It Enacted by the Legislature of the State of Florida:
   27  
   28         Section 1. Section 251.002, Florida Statutes, is created to
   29  read:
   30         251.002 Criminal history checks for applicants for the
   31  Florida State Guard.—
   32         (1) Each applicant for the Florida State Guard must submit
   33  a complete set of fingerprints to the Division of the State
   34  Guard or to the entity, vendor, or agency authorized by s.
   35  943.053(13) to accept electronic fingerprints. The division,
   36  entity, vendor, or agency, as applicable, shall forward the
   37  fingerprints to the Department of Law Enforcement for state
   38  processing, and the Department of Law Enforcement shall forward
   39  the fingerprints to the Federal Bureau of Investigation for a
   40  national criminal history record check.
   41         (2) The Department of Military Affairs shall, and the
   42  Division of the State Guard may, review the results of the state
   43  and national criminal history record checks and determine
   44  whether the applicant meets the specified qualifications to
   45  serve in the Florida State Guard.
   46         (3) Fees for state and federal fingerprint processing and
   47  retention must be borne by the Division of the State Guard. The
   48  state cost for fingerprint processing must be as provided in s.
   49  943.053(3)(e).
   50         (4) Fingerprints submitted to the Department of Law
   51  Enforcement pursuant to this section must be retained by the
   52  Department of Law Enforcement as provided in s. 943.05(2)(g) and
   53  (h) along with enrollment of the fingerprints in the Federal
   54  Bureau of Investigation’s national retained print arrest
   55  notification program. Any arrest record identified must be
   56  reported to the Division of the State Guard.
   57         Section 2. This act shall take effect upon becoming a law.