Senate Bill 0486
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Florida Senate - 1998 SB 486
By Senator Silver
38-517-98
1 A bill to be entitled
2 An act relating to the Department of Law
3 Enforcement; amending s. 20.201, F.S.;
4 providing additional authority for the
5 executive director of the department with
6 respect to the organization of the department;
7 providing for the department to be reorganized
8 into specified programs; deleting the division
9 structure of the department; amending s.
10 943.01, F.S.; revising the title of ch. 943,
11 F.S.; amending s. 943.03, F.S., relating to
12 department employees; conforming provisions to
13 changes made by the act; deleting obsolete
14 provisions; requiring the department to develop
15 and maintain an information system; amending s.
16 943.04, F.S.; redesignating the Division of
17 Criminal Investigation within the department as
18 the Criminal Justice Investigations and
19 Forensic Science Program; providing for
20 supervision of the program; providing
21 additional duties of the department with
22 respect to the operation of the program;
23 amending s. 943.05, F.S.; redesignating the
24 Division of Criminal Justice Information
25 Systems within the department as the Criminal
26 Justice Information Program; providing for
27 supervision of the program; amending s.
28 943.051, F.S., relating to criminal justice
29 information; conforming provisions to changes
30 made by the act; authorizing the department to
31 enter into contracts; providing that disclosure
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1 of confidential information pursuant to such a
2 contract does not waive any requirements of
3 confidentiality; amending s. 943.0515, F.S.,
4 relating to criminal history records of minors;
5 conforming provisions to changes made by the
6 act; amending s. 943.052, F.S.; deleting a
7 requirement that certain agencies inform the
8 department of persons incarcerated or released
9 from jail; amending ss. 943.0525, 943.053,
10 943.055, 943.056, 943.057, 943.08, F.S.,
11 relating to criminal justice information,
12 criminal history records, and the Criminal and
13 Juvenile Justice Information Systems Council;
14 conforming provisions to changes made by the
15 act; amending s. 943.09, F.S.; redesignating
16 the Division of Criminal Justice Standards and
17 Training within the department as the Criminal
18 Justice Professionalism Program; providing for
19 supervision of the program; amending ss.
20 943.10, 943.133, 943.17, 943.173, 943.25, F.S.,
21 relating to definitions, employment
22 qualifications, training programs,
23 examinations, and the Criminal Justice
24 Standards and Training Trust Fund; conforming
25 provisions to changes made by the act; amending
26 s. 943.35, F.S.; deleting the eligibility for
27 state funding for a criminal analysis
28 laboratory; amending s. 938.07, F.S., relating
29 to a fine imposed for driving under the
30 influence; conforming provisions to changes
31 made by the act; repealing ss. 943.26, 943.381,
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1 F.S., relating to the Division of Local Law
2 Enforcement Assistance and the Division of
3 Staff Services within the department; providing
4 an effective date.
5
6 Be It Enacted by the Legislature of the State of Florida:
7
8 Section 1. Section 20.201, Florida Statutes, is
9 amended to read:
10 20.201 Department of Law Enforcement.--
11 (1) There is created a Department of Law Enforcement.
12 The head of the department is the Governor and Cabinet. The
13 executive director of the department shall be appointed by the
14 Governor with the approval of three members of the Cabinet and
15 subject to confirmation by the Senate. The executive director
16 shall serve at the pleasure of the Governor and Cabinet. The
17 executive director may establish a command, operational, and
18 administrative services structure to assist and support the
19 department in operating programs and delivering services.
20 (2) The following programs divisions of the Department
21 of Law Enforcement are established:
22 (a) Criminal Justice Investigations and Forensic
23 Science Program.
24 (b) Criminal Justice Information Program.
25 (c) Criminal Justice Professionalism Program.
26 (a) Division of Criminal Investigation.
27 (b) Division of Local Law Enforcement Assistance.
28 (c) Division of Criminal Justice Information Systems.
29 (d) Division of Criminal Justice Standards and
30 Training.
31 (e) Division of Staff Services.
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1 Section 2. Section 943.01, Florida Statutes, is
2 amended to read:
3 943.01 Short title.--This chapter may be cited shall
4 be known as the "Department of Law Enforcement Act of 1974."
5 Section 3. Subsections (3) and (12) of section 943.03,
6 Florida Statutes, are amended, and subsection (13) is added to
7 that section, to read:
8 943.03 Department of Law Enforcement.--
9 (3) The department shall employ such administrative,
10 clerical, technical, and professional personnel, including
11 division directors as hereinafter provided, as are may be
12 required, at salaries to be established by the department, to
13 perform such duties as the department may prescribe.
14 (12) The department may establish, implement, and
15 maintain a statewide, integrated violent crime information
16 system capable of transmitting criminal justice information
17 relating to violent criminal offenses to and between criminal
18 justice agencies throughout the state. In consultation with
19 the Florida Violent Crime Council, the department is
20 authorized to initiate a pilot project in order to demonstrate
21 and test such a system. The council must report on the status
22 of the development of the statewide, integrated violent crime
23 information system in the council's annual report due on
24 December 30, 1993.
25 (13) Subject to sufficient annual appropriations, the
26 department shall develop and maintain, in consultation with
27 the Criminal and Juvenile Justice Information Systems Council
28 under s. 943.08, an information system that supports the
29 administration of the state's criminal and juvenile justice
30 system in compliance with this chapter and other provisions of
31 law. The department shall serve as custodial manager of the
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1 statewide telecommunications and data network developed and
2 maintained as part of the information system authorized by
3 this subsection.
4 Section 4. Section 943.04, Florida Statutes, is
5 amended to read:
6 943.04 Criminal Justice Investigations and Forensic
7 Science Program Division of Criminal Investigation; creation;
8 investigative, forensic, and related authority.--
9 (1) There is created a Criminal Justice Investigations
10 and Forensic Science Program Division of Criminal
11 Investigation within the Department of Law Enforcement. The
12 program division shall be supervised by personnel a director
13 who shall be employed by the department upon the
14 recommendation of the executive director. Such personnel It
15 shall be the duty of the director to supervise, direct,
16 coordinate, and administer all activities of the program which
17 are assigned by the executive director division.
18 (2)(a) In carrying out the investigative services of
19 the Criminal Justice Investigations and Forensic Science
20 Program and under appropriate rules, policies, and guidelines
21 and regulations adopted by the department, or upon written
22 order of the Governor, or by direction of the Legislature
23 acting by a concurrent resolution, and at the direction of the
24 executive director, the department Division of Criminal
25 Investigation may investigate violations of any of the
26 criminal laws of the state, and shall have authority to bear
27 arms, make arrests and apply for, serve and execute search
28 warrants, arrest warrants, capias, and other process of the
29 court.
30 (b) Investigations may also be conducted in connection
31 with the faithful execution and effective enforcement of the
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1 laws of the state with reference to organized crime, vice,
2 racketeering, rioting, inciting to riot, and insurrection.
3 (c) The department Division of Criminal Investigation
4 may also engage in such other investigative activities as will
5 aid local law enforcement officers in preventing or solving
6 crimes and controlling criminal activity.
7 (d) All investigators employed by the department shall
8 be considered law enforcement officers for all purposes. The
9 executive director shall have the authority to designate the
10 person occupying any appropriate position within the
11 department as a law enforcement officer, if such person is
12 qualified under the department's personnel regulations
13 relating to agents and is certified pursuant to s.
14 943.1395(1), and all persons thus employed by the department
15 shall be considered law enforcement officers for all purposes
16 and shall be entitled to the privileges, protection, and
17 benefits of ss. 112.19, 121.051, 122.34, and 870.05.
18 (3) Whenever it shall appear to the department that
19 there is cause for the prosecution of a crime, the department
20 shall refer the evidence of such crime to the officials
21 authorized to conduct the prosecution.
22 (4)(a) The department is authorized to establish
23 regional violent crime investigation coordinating teams
24 composed of persons including, but not limited to, forensic
25 investigators and law enforcement officers from both state and
26 local criminal justice agencies. The functions of a regional
27 violent crime investigation coordinating team include:
28 1. Responding to violent crimes in a timely and
29 comprehensive manner, utilizing analytic, forensic,
30 investigative, and technical expertise and equipment to
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1 provide key support to local law enforcement agencies
2 undertaking difficult violent crime investigations.
3 2. Facilitating communication and coordination among
4 state and local criminal justice agencies, including
5 facilitating and coordinating the use of state law enforcement
6 resources for concentrated task force efforts in violent crime
7 investigations constituting emergency situations within the
8 region.
9 (b) Upon the request of a sheriff, a police chief, or
10 other appropriate law enforcement administrator, the executive
11 director may deploy a regional violent crime investigation
12 team to assist a law enforcement agency in a violent crime
13 investigation.
14 (5) In carrying out the services of the Criminal
15 Justice Investigations and Forensic Science Program and under
16 appropriate rules, policies, and guidelines adopted by the
17 department, the department may:
18 (a) Adopt and recommend cooperative policies for
19 coordinating the law enforcement work of all state, county,
20 and municipal agencies that are responsible for law
21 enforcement.
22 (b) Assist local law enforcement agencies by providing
23 consultation, research, and planning assistance, training, and
24 field technical services and engage in other activities to aid
25 local law enforcement officers in preventing and solving
26 crimes and controlling criminal activity.
27 (c) Provide forensic services to state, local, and
28 other law enforcement agencies and criminal justice agencies
29 and adopt policies, procedures, and standards for operating
30 state-operated crime laboratories.
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1 Section 5. Section 943.05, Florida Statutes, is
2 amended to read:
3 943.05 Division of Criminal Justice Information
4 Program Systems; duties; crime reports.--
5 (1) There is created a Division of Criminal Justice
6 Information Program Systems within the Department of Law
7 Enforcement. The program division shall be supervised by
8 personnel a director who shall be employed by the department
9 upon the recommendation of the executive director. Such
10 personnel shall supervise, direct, coordinate, and administer
11 activities of the program which are assigned by the executive
12 director.
13 (2) The program division shall:
14 (a) Establish and maintain a communication system
15 capable of transmitting criminal justice information to and
16 between criminal justice agencies.
17 (b) Establish, implement, and maintain a statewide
18 automated fingerprint identification system capable of, but
19 not limited to, reading, classifying, matching, and storing
20 fingerprints, rolled fingerprints, and latent fingerprints.
21 The system shall be available to every criminal justice agency
22 that is responsible for the administration of criminal
23 justice.
24 (c) Initiate a crime information system that which
25 shall be responsible for:
26 1. Preparing and disseminating semiannual reports to
27 the Governor, the Legislature, all criminal justice agencies,
28 and, upon request, the public. Each report shall include, but
29 not be limited to, types of crime reported, offenders,
30 arrests, and victims.
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1 2. Upon request, providing other states and federal
2 criminal justice agencies with Florida crime data. Where
3 convenient, such data shall conform to definitions established
4 by the requesting agencies.
5 3. In cooperation with other criminal justice
6 agencies, developing and maintaining an offender-based
7 transaction system.
8 (d) Adopt rules or guidelines to effectively and
9 efficiently implement, administer, manage, maintain, and use
10 the automated fingerprint identification system and uniform
11 offense reports and arrest reports. The rules or guidelines
12 shall be considered minimum requirements and shall not
13 preclude a criminal justice agency from implementing its own
14 enhancements.
15 (e) Establish, implement, and maintain a Domestic and
16 Repeat Violence Injunction Statewide Verification System
17 capable of electronically transmitting information to and
18 between criminal justice agencies relating to domestic
19 violence injunctions and repeat violence injunctions issued by
20 the courts throughout the state. Such information must
21 include, but is not limited to, information as to the
22 existence and status of any such injunction for verification
23 purposes.
24 (f) Establish, implement, and maintain a system for
25 transmitting to and between criminal justice agencies
26 information about writs of bodily attachment issued in
27 connection with a court-ordered child support obligation. Such
28 information shall include, but not be limited to, information
29 necessary to identify the respondents and serve the writs.
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1 Section 6. Subsections (1) and (2) and paragraph (a)
2 of subsection (3) of section 943.051, Florida Statutes, are
3 amended, and subsection (5) is added to that section, to read:
4 943.051 Criminal justice information; collection and
5 storage; fingerprinting.--
6 (1) The Division of Criminal Justice Information
7 Program Systems, acting as the state's central criminal
8 justice information repository, shall:
9 (a) Collect, process, store, maintain, and disseminate
10 criminal justice information and records necessary to the
11 operation of the criminal justice information system of the
12 department.
13 (b) Develop systems that inform one criminal justice
14 agency of the criminal justice information held or maintained
15 by other criminal justice agencies.
16 (2) Each adult person charged with or convicted of a
17 felony, misdemeanor, or violation of a comparable ordinance by
18 a state, county, municipal, or other law enforcement agency
19 shall be fingerprinted, and such fingerprints shall be
20 submitted to the department in the manner prescribed by rule
21 or departmental guidelines. Exceptions to this requirement for
22 specified misdemeanors or comparable ordinance violations may
23 be made by the department by rule or guidelines.
24 (3)(a) A minor who is charged with or found to have
25 committed an offense that would be a felony if committed by an
26 adult shall be fingerprinted and the fingerprints shall be
27 submitted to the department in the manner prescribed by rule
28 or departmental guidelines.
29 (5) The department is encouraged to develop innovative
30 and progressive methods of serving the information management
31 needs of the criminal justice community by providing access to
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1 public criminal history information. The department may
2 contract with other agencies or private entities for the
3 purpose of facilitating the department's responsibilities for
4 receiving, maintaining, managing, processing, allowing access
5 to, and disseminating criminal justice information,
6 intelligence, and data; criminal history records and
7 information available only to criminal justice agencies; and
8 public criminal history information and records. Any agency or
9 entity under contract with the department shall, as specified
10 in the contract, be performing the department's function as a
11 criminal justice agency for purposes of handling criminal
12 justice information, intelligence, data, histories, and other
13 records, and disclosure of such information to an agency or
14 entity under contract does not waive any confidentiality or
15 exemption from disclosure under s. 119.07 or any other
16 applicable law.
17 Section 7. Subsection (1) of section 943.0515, Florida
18 Statutes, is amended to read:
19 943.0515 Retention of criminal history records of
20 minors.--
21 (1)(a) The Division of Criminal Justice Information
22 Program Systems shall retain the criminal history record of a
23 minor who is classified as a serious or habitual juvenile
24 offender under chapter 39 for 5 years after the date the
25 offender reaches 21 years of age, at which time the record
26 shall be expunged unless it meets the criteria of paragraph
27 (2)(a) or paragraph (2)(b).
28 (b) If the minor is not classified as a serious or
29 habitual juvenile under chapter 39, the program division shall
30 retain the minor's criminal history record for 5 years after
31 the date the minor reaches 19 years of age, at which time the
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1 record shall be expunged unless it meets the criteria of
2 paragraph (2)(a) or paragraph (2)(b).
3 Section 8. Section 943.052, Florida Statutes, is
4 amended to read:
5 943.052 Disposition reporting.--The Criminal Justice
6 Information Program division shall, by rule or guidelines,
7 establish procedures and a format for each criminal justice
8 agency to monitor its records and submit reports, as provided
9 by this section, to the program division. The disposition
10 report shall be developed by the program division and shall
11 include the offender-based transaction system number.
12 (1) Each law enforcement officer or booking officer
13 shall include on the arrest fingerprint card the
14 offender-based transaction system number.
15 (2) Each clerk of the court shall submit the uniform
16 dispositions to the program division or in a manner acceptable
17 to the program division. The report shall be submitted at
18 least once a month and, when acceptable by the program
19 division, may be submitted in an automated format. The
20 disposition report is mandatory for dispositions relating to
21 adult offenders only.
22 (3)(a) The Department of Corrections shall submit
23 information to the program division relating to the receipt or
24 discharge of any person who is sentenced to a state
25 correctional institution.
26 (b) The Department of Juvenile Justice shall submit
27 information to the program division relating to the receipt or
28 discharge of any minor who is found to have committed an
29 offense that would be a felony if committed by an adult, or is
30 found to have committed a misdemeanor specified in s.
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1 943.051(3), and is committed to the custody of the Department
2 of Juvenile Justice.
3 (4) Each sheriff or unit of government or agent
4 thereof shall submit information to the division relating to
5 the receipt or discharge of any person who is sentenced to a
6 jail facility.
7 Section 9. Section 943.0525, Florida Statutes, is
8 amended to read:
9 943.0525 Criminal justice information systems; use by
10 state and local agencies.--As a condition of participating in
11 any criminal justice information system established by the
12 Criminal Justice Information Program division or of receiving
13 criminal justice information, state and local agencies shall
14 be required to execute appropriate user agreements and to
15 comply with applicable federal laws and regulations, this
16 chapter, and rules or guidelines of the department. The
17 program division shall, by rule or guideline, adopt a user
18 agreement that must which shall include, but is not be limited
19 to, compliance with the provisions of s. 943.052. The user
20 agreement between the department and the criminal justice
21 agency shall include conspicuous language that any criminal
22 justice agency's failure to comply with laws, rules,
23 guidelines, and the user agreement shall constitute grounds
24 for immediate termination of services. The department shall
25 terminate the services to the criminal justice agency until
26 the agency is in compliance. However, the department shall
27 not terminate access to wanted persons or wanted property
28 record information services to a law enforcement agency.
29 Section 10. Subsections (1) and (3) of section
30 943.053, Florida Statutes, are amended to read:
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1 943.053 Dissemination of criminal justice information;
2 fees.--
3 (1) The Department of Law Enforcement shall
4 disseminate criminal justice information only in accordance
5 with federal and state laws, regulations, and rules, and
6 department guidelines.
7 (3) Criminal history information, including
8 information relating to minors juveniles, compiled by the
9 Division of Criminal Justice Information Program Systems from
10 intrastate sources shall be available on a priority basis to
11 criminal justice agencies for criminal justice purposes free
12 of charge and, otherwise, to governmental agencies not
13 qualified as criminal justice agencies on an approximate-cost
14 basis. After providing the program division with all known
15 identifying information, persons in the private sector may be
16 provided criminal history information upon tender of fees as
17 established and in the manner prescribed by rule or guidelines
18 of the Department of Law Enforcement. Such fees shall
19 approximate the actual cost of producing the record
20 information. Fees may be waived by the executive director of
21 the Department of Law Enforcement for good cause shown.
22 Section 11. Section 943.055, Florida Statutes, is
23 amended to read:
24 943.055 Records and audit.--
25 (1) Criminal justice agencies disseminating criminal
26 justice information derived from a Department of Law
27 Enforcement criminal justice information system shall maintain
28 a record of dissemination in accordance with rules or
29 guidelines adopted promulgated by the Department of Law
30 Enforcement.
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1 (2) The Division of Criminal Justice Information
2 Program Systems shall arrange for any audits of state and
3 local criminal justice agencies necessary to assure compliance
4 with federal laws and regulations, this chapter, and rules or
5 guidelines of the Department of Law Enforcement pertaining to
6 the establishment, operation, security, and maintenance of
7 criminal justice information systems.
8 Section 12. Subsections (1), (2), and (3) of section
9 943.056, Florida Statutes, are amended to read:
10 943.056 Access to, review and challenge of, criminal
11 history records.--
12 (1) For purposes of verification of the accuracy and
13 completeness of a criminal history record, the Department of
14 Law Enforcement shall provide, in the manner prescribed by
15 rule or department guidelines, such record for review upon
16 verification, by fingerprints, of the identity of the
17 requesting person. If a minor, or the parent or legal guardian
18 of a minor, requests a copy of the minor's criminal history
19 record, the Department of Law Enforcement shall provide such
20 copy for review upon verification, by fingerprints, of the
21 identity of the minor. The providing of such record shall not
22 require the payment of any fees, except those provided for by
23 federal regulations.
24 (2) Criminal justice agencies subject to chapter 120
25 shall be subject to hearings regarding those portions of
26 criminal history records for which the agency served as
27 originator. When it is determined what the record should
28 contain in order to be complete and accurate, the Division of
29 Criminal Justice Information Program Systems shall be advised
30 and shall conform state and federal records to the corrected
31 criminal history record information.
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1 (3) Criminal justice agencies not subject to chapter
2 120 shall be subject to administrative proceedings for
3 challenges to criminal history record information in
4 accordance with rules or guidelines established by the
5 Department of Law Enforcement.
6 Section 13. Section 943.057, Florida Statutes, is
7 amended to read:
8 943.057 Access to criminal justice information for
9 research or statistical purposes.--The Department of Law
10 Enforcement may provide by rule or department guidelines for
11 access to and dissemination and use of criminal justice
12 information for research or statistical purposes. All requests
13 for records or information in the criminal justice information
14 systems of the department shall require the requesting
15 individual or entity to enter into an appropriate privacy and
16 security agreement which provides that the requesting
17 individual or entity shall comply with all laws, and rules,
18 and guidelines governing the use of criminal justice
19 information for research or statistical purposes. The
20 department may charge a fee for the production of criminal
21 justice information under this section hereunder. Such fee
22 shall approximate the actual cost of production. This section
23 does shall not be construed to require the release of
24 confidential information or to require the department to
25 accommodate requests that which would disrupt ongoing
26 operations beyond the extent required by s. 119.07.
27 Section 14. Subsection (2) of section 943.08, Florida
28 Statutes, is amended to read:
29 943.08 Duties; Criminal and Juvenile Justice
30 Information Systems Council.--
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1 (2) The council shall review proposed rules,
2 guidelines, and operating policies and procedures, and
3 amendments thereto, of the Division of Criminal Justice
4 Information Program Systems and make recommendations to the
5 executive director which shall be represented in the meeting
6 minutes of the council. In addition, the council shall review
7 proposed policies, rules, and procedures relating to the
8 information system of the Department of Juvenile Justice and
9 make recommendations to the Secretary of Juvenile Justice or
10 designated assistant who shall attend council meetings. Those
11 recommendations shall relate to the following areas:
12 (a) The management control of criminal justice
13 information systems, criminal intelligence information
14 systems, and criminal investigative information systems
15 maintained by the department.
16 (b) The installation and operation of criminal justice
17 information systems, criminal intelligence information
18 systems, and criminal investigative information systems by the
19 department and the exchange of such information with other
20 criminal justice agencies of this state and other states,
21 including federal agencies.
22 (c) The operation and maintenance of computer hardware
23 and software within criminal justice information systems,
24 criminal intelligence information systems, and criminal
25 investigative information systems maintained by the
26 department.
27 (d) The operation, maintenance, and use of an
28 automated fingerprint identification system, including
29 interfacing with existing automated systems.
30 (e) The physical security of the system, to prevent
31 unauthorized disclosure of information contained in the system
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1 and to ensure that the criminal justice information in the
2 system is currently and accurately revised to include
3 subsequently revised information.
4 (f) The security of the system, to ensure that
5 criminal justice information, criminal intelligence
6 information, and criminal investigative information will be
7 collected, processed, stored, and disseminated in such manner
8 that it cannot be modified, destroyed, accessed, changed,
9 purged, or overlaid by unauthorized individuals or agencies.
10 (g) The purging, expunging, or sealing of criminal
11 justice information upon order of a court of competent
12 jurisdiction or when authorized by law.
13 (h) The dissemination of criminal justice information
14 to persons or agencies not associated with criminal justice
15 when such dissemination is authorized by law.
16 (i) The access to criminal justice information
17 maintained by any criminal justice agency by any person about
18 whom such information is maintained for the purpose of
19 challenge, correction, or addition of explanatory material.
20 (j) The training, which may be provided pursuant to s.
21 938.01, s. 938.15, or s. 943.25, of employees of the
22 department and other state and local criminal justice agencies
23 in the proper use and control of criminal justice information.
24 (k) The characteristics, structures, and linkages
25 needed to allow the access and utilization of information
26 among the various state, local, private, and federal agencies,
27 organizations, and institutions in the public safety system,
28 including, but not limited to, recommendations regarding:
29 1. The management control and administration of
30 juvenile justice data and information.
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1 2. The installation and operation of local area
2 networks.
3 3. The installation and operation of statewide area
4 networks.
5 4. Electronic mail and file transport.
6 5. The operation and maintenance of hardware and
7 software.
8 6. Access to juvenile justice information.
9 7. The security and integrity of the information
10 system.
11 8. Training of information system users and user
12 groups.
13 (l) Such other areas as relate to the collection,
14 processing, storage, and dissemination of criminal and
15 juvenile justice and other public safety system information,
16 criminal intelligence information, and criminal justice
17 investigative information, including the development of
18 criteria, policies, and procedures for the standardization of
19 criminal justice data and electronic transmission of such
20 data.
21 Section 15. Section 943.09, Florida Statutes, is
22 amended to read:
23 943.09 Division of Criminal Justice Professionalism
24 Program Standards and Training.--There is created a Division
25 of Criminal Justice Professionalism Program Standards and
26 Training within the Department of Law Enforcement. The program
27 shall be supervised by personnel who shall be employed by the
28 department upon the recommendation of the executive director.
29 Such personnel shall supervise, direct, coordinate, and
30 administer activities of the program which are assigned by the
31 executive director. Personnel employed by the program The
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1 department shall employ a division director. However, the
2 executive director shall receive the advice of the commission
3 prior to employing the division director. The division, as
4 the staff of the commission, shall support and assist the
5 commission in the execution, administration, implementation,
6 and evaluation of its powers, duties, and functions under this
7 chapter according to acceptable and established departmental
8 administrative, managerial, and supervisory rules, guidelines,
9 and policies. It is the duty of the division director to
10 supervise, direct, coordinate, and administer all activities
11 of the division.
12 Section 16. Subsection (12) of section 943.10, Florida
13 Statutes, is amended to read:
14 943.10 Definitions; ss. 943.085-943.255.--The
15 following words and phrases as used in ss. 943.085-943.255 are
16 defined as follows:
17 (12) "Program" "Division" means the Division of
18 Criminal Justice Professionalism Program Standards and
19 Training of the Department of Law Enforcement.
20 Section 17. Section 943.133, Florida Statutes, is
21 amended to read:
22 943.133 Responsibilities of employing agency,
23 commission, and program division with respect to compliance
24 with employment qualifications and the conduct of background
25 investigations; injunctive relief.--
26 (1) The employing agency is fully responsible for the
27 collection, verification, and maintenance of documentation
28 establishing that an applicant complies with the requirements
29 of ss. 943.13 and 943.131, and any rules or guidelines adopted
30 pursuant to ss. 943.13 and 943.131 thereto.
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1 (2) Prior to the employment or appointment of any
2 officer, the chief law enforcement or correctional officer
3 administrator or probation and parole regional administrator
4 of the employing agency, or his or her designee, is required
5 to execute and maintain a registration affidavit-of-compliance
6 form adopted by the commission, attesting to compliance by the
7 employing agency with subsection (1). The affidavit shall be
8 executed under oath and constitutes an official statement
9 within the purview of s. 837.06. The affidavit shall include
10 conspicuous language that intentional false execution of the
11 affidavit constitutes a misdemeanor of the second degree. The
12 information contained in the registration
13 affidavit-of-compliance form must be submitted, or
14 electronically transmitted, to the commission.
15 (3) The commission shall adopt rules or guidelines
16 that establish procedures for conducting background
17 investigations. The rules or guidelines must specify a form
18 for employing agencies to use to document the findings of the
19 background investigation. Before employing or appointing any
20 officer, the employing agency must conduct a thorough
21 background investigation in accordance with the rules or
22 guidelines. The background information should include
23 information setting forth the facts and reasons for any of the
24 applicant's previous separations from private or public
25 employment or appointment, as the applicant understands them.
26 For the purposes of this subsection, the term "separation from
27 employment or appointment" includes any firing, termination,
28 resignation, retirement, or voluntary or involuntary extended
29 leave of absence from any salaried or nonsalaried position.
30 The employing agency must maintain the original background
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1 investigation form, which must be signed by the administrator
2 of the employing agency or his or her designee.
3 (4) When the employing agency is a private entity
4 under contract to the county or the state pursuant to s.
5 944.105, s. 951.062, or chapter 957, the contracting agency
6 shall be responsible for meeting the requirements of
7 subsections (1), (2), and (3).
8 (5) The commission may has the authority to inspect
9 and copy the documentation of an employing agency to ensure
10 compliance with subsection (1).
11 (6) If an employing agency employs or appoints an
12 officer in violation of this section or of s. 943.13, s.
13 943.131, or s. 943.135, or any rules or guidelines adopted
14 pursuant thereto, the Department of Legal Affairs, at the
15 request of the chair of the commission, shall apply to the
16 circuit court in the county of the employing agency for
17 injunctive relief prohibiting the employment or appointment of
18 the person contrary to this section.
19 (7) The employing agency must annually submit
20 information to the commission, as specified by rule or
21 guideline, relating to all certified officers employed by or
22 appointed to the employing agency so that the commission may
23 update its records for all certified officers.
24 Section 18. Subsection (3) of section 943.17, Florida
25 Statutes, is amended to read:
26 943.17 Basic recruit, advanced, and career development
27 training programs; participation; cost; evaluation.--The
28 commission shall, by rule, design, implement, maintain,
29 evaluate, and revise job-related curricula and performance
30 standards for basic recruit, advanced, and career development
31 training programs and courses. The rules shall include, but
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1 are not limited to, a methodology to assess relevance of the
2 subject matter to the job, student performance, and instructor
3 competency.
4 (3) The program division shall be responsible for the
5 accuracy of curriculum content through the identification and
6 revision of typographical or grammatical errors, incorrect
7 statutory citations, or information which can be identified as
8 inaccurate by superior references. The commission shall be
9 advised of any revision, and a copy of revised curricula shall
10 be provided to all criminal justice training schools.
11 Section 19. Subsection (1) of section 943.173, Florida
12 Statutes, is amended to read:
13 943.173 Examinations; administration; materials not
14 public records; disposal of materials.--
15 (1) Each officer certification examination shall be
16 administered by the Criminal Justice Professionalism Program
17 division pursuant to s. 943.1397.
18 Section 20. Subsections (2) and (4), paragraphs (c)
19 and (e) of subsection (5), and subsection (9) of section
20 943.25, Florida Statutes, are amended to read:
21 943.25 Criminal justice trust funds; source of funds;
22 use of funds.--
23 (2) There is created, within the Department of Law
24 Enforcement, the Criminal Justice Standards and Training Trust
25 Fund for the purpose of providing for the payment of necessary
26 and proper expenses incurred by the operation of the
27 commission and the Criminal Justice Professionalism Program
28 division and providing commission-approved criminal justice
29 advanced and specialized training and criminal justice
30 training school enhancements and of establishing the
31 provisions of s. 943.17 and developing the specific tests
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1 provided under s. 943.12(10). The program division shall
2 administer the Criminal Justice Standards and Training Trust
3 Fund and shall report the status of the fund at each regularly
4 scheduled commission meeting.
5 (4) The commission shall, by rule or guideline,
6 establish, implement, supervise, and evaluate the expenditures
7 of the Criminal Justice Standards and Training Trust Fund for
8 approved advanced and specialized training program courses.
9 Criminal justice training school enhancements may be
10 authorized by the commission subject to the provisions of
11 subsection (7). The commission may approve the training of
12 appropriate support personnel when it can be demonstrated that
13 these personnel directly support the criminal justice
14 function.
15 (5) The commission shall authorize the establishment
16 of regional training councils to advise and assist the
17 commission in developing and maintaining a plan assessing
18 regional criminal justice training needs and to act as an
19 extension of the commission in the planning, programming, and
20 budgeting for expenditures of the moneys in the Criminal
21 Justice Standards and Training Trust Fund.
22 (c) By rule or guideline, the commission may establish
23 criteria and procedures for use by the program division and
24 regions to amend the approved plan when an emergency exists.
25 The program division shall, with the consent of the chair of
26 the commission, initially grant, modify, or deny the requested
27 amendment pending final approval by the commission. The
28 commission's plan and amendments thereto must comply with the
29 provisions of chapter 216.
30 (e) Commission members, regional training council
31 members, program division staff personnel, and other
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1 authorized persons who are performing duties directly related
2 to the trust fund may be reimbursed for reasonable per diem
3 and travel expenses as provided in s. 112.061.
4 (9) The Executive Office of the Governor may approve,
5 for disbursement from funds appropriated to the Department of
6 Law Enforcement, Criminal Justice Standards and Training Trust
7 Fund, those sums necessary and required for the administration
8 of the program division and implementation of the training
9 programs approved by the commission.
10 Section 21. Subsection (1) of section 943.35, Florida
11 Statutes, is amended to read:
12 943.35 Funding for existing laboratories.--
13 (1) The following existing criminal analysis
14 laboratories are eligible for receipt of state funding:
15 (a) The Broward County Sheriff's Crime Laboratory;
16 (b) The Metro-Dade Police Department Crime Laboratory;
17 (c) The Indian River Crime Laboratory;
18 (d) The Monroe County Sheriff's Crime Laboratory;
19 (d)(e) The Palm Beach County Crime Laboratory; and
20 (e)(f) The Pinellas County Forensic Laboratory.
21 Section 22. Section 938.07, Florida Statutes, is
22 amended to read:
23 938.07 Driving under the influence.--Notwithstanding
24 any other provision of s. 316.193, a court cost of $135 shall
25 be added to any fine imposed pursuant to s. 316.193, of which
26 $25 shall be deposited in the Emergency Medical Services Trust
27 Fund, $50 shall be deposited in the Criminal Justice Standards
28 and Training Trust Fund of the Department of Law Enforcement
29 to be used for operational expenses of the Division of Local
30 Law Enforcement Assistance in conducting the statewide
31 criminal analysis laboratory system established in s. 943.32,
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1 and $60 shall be deposited in the Brain and Spinal Cord Injury
2 Rehabilitation Trust Fund created in s. 413.613.
3 Section 23. Sections 943.26 and 943.381, Florida
4 Statutes, are repealed.
5 Section 24. This act shall take effect July 1, 1998.
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8 SENATE SUMMARY
9 Revises the organizational structure of the Department of
Law Enforcement so that the department is composed of the
10 Criminal Justice Investigations and Forensic Science
Program, the Criminal Justice Information Program, and
11 the Criminal Justice Professionalism Program. Abolishes
the five divisions within the department which are headed
12 by division directors. Provides for the newly established
programs to be supervised by personnel employed by the
13 department at the recommendation of the executive
director of the department. Authorizes the department to
14 contract for certain information services. (See bill for
details.)
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