SENATE AMENDMENT
    Bill No. CS for SB's 1864 & 2086
    Amendment No. ___   Barcode 595944
                            CHAMBER ACTION
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11  Senator Bronson moved the following amendment:
12  
13         Senate Amendment (with title amendment) 
14         Delete everything after the enacting clause
15  
16  and insert:  
17         Section 1.  Section 943.031, Florida Statutes, is
18  amended to read:
19         943.031  Florida Violent Crime and Drug Control
20  Council.--The Legislature finds that there is a need to
21  develop and implement a statewide strategy to address violent
22  criminal activity and drug control efforts by state and local
23  law enforcement agencies, including investigations of illicit
24  money laundering. In recognition of this need, the Florida
25  Violent Crime and Drug Control Council is created within the
26  department. The council shall serve in an advisory capacity to
27  the department.
28         (1)  MEMBERSHIP.--The council shall consist of 14 12
29  members, as follows:
30         (a)  The Attorney General or a designate.
31         (b)  A designate of the executive director of the
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SENATE AMENDMENT Bill No. CS for SB's 1864 & 2086 Amendment No. ___ Barcode 595944 1 Department of Law Enforcement. 2 (c) The secretary of the Department of Corrections or 3 a designate. 4 (d) The Secretary of Juvenile Justice or a designate. 5 (e) The Commissioner of Education or a designate. 6 (f) The president of the Florida Network of 7 Victim/Witness Services, Inc., or a designate. 8 (g) The director of the Office of Drug Control within 9 the Executive Office of the Governor, or a designate. 10 (h) The Comptroller, or a designate. 11 (i)(g) Six members appointed by the Governor, 12 consisting of two sheriffs, two chiefs of police, one medical 13 examiner, and one state attorney or their designates. 14 15 The Governor, when making appointments under this subsection, 16 must take into consideration representation by geography, 17 population, ethnicity, and other relevant factors to ensure 18 that the membership of the council is representative of the 19 state at large. Designates appearing on behalf of a council 20 member who is unable to attend a meeting of the council are 21 empowered to vote on issues before the council to the same 22 extent the designating council member is so empowered. 23 (2) TERMS OF MEMBERSHIP; OFFICERS; COMPENSATION; 24 STAFF.-- 25 (a) Members appointed by the Governor shall be 26 appointed for terms of 2 years. The other members are standing 27 members of the council. In no event shall a member serve 28 beyond the time he or she ceases to hold the office or 29 employment which was the basis for appointment to the council. 30 In the event of a vacancy, an appointment to fill the vacancy 31 shall be only for the unexpired term. 2 9:39 AM 04/27/01 s1864c1c-18k0a
SENATE AMENDMENT Bill No. CS for SB's 1864 & 2086 Amendment No. ___ Barcode 595944 1 (b) The Legislature finds that the council serves a 2 legitimate state, county, and municipal purpose and that 3 service on the council is consistent with a member's principal 4 service in a public office or employment. Membership on the 5 council does not disqualify a member from holding any other 6 public office or being employed by a public entity, except 7 that no member of the Legislature shall serve on the council. 8 (c) The members of the council shall elect a chair and 9 a vice chair every 2 years, to serve for a 2-year term. As 10 deemed appropriate, other officers may be elected by the 11 members. 12 (d) Members of the council or their designates shall 13 serve without compensation but are entitled to reimbursement 14 for per diem and travel expenses pursuant to s. 112.061. 15 Reimbursements made pursuant to this paragraph may shall be 16 paid from either the Violent Crime Investigative Emergency and 17 Drug Control Strategy Implementation Account within the 18 Department of Law Enforcement Operating Trust Fund or from 19 other appropriations provided to the department by the 20 Legislature in the General Appropriations Act. 21 (e) The department shall provide the council with 22 staff necessary to assist the council in the performance of 23 its duties. 24 (3) MEETINGS.--The council must meet at least 25 semiannually. Additional meetings may be held when it is 26 determined deemed appropriate by the chair that extraordinary 27 circumstances require an additional meeting of the council or 28 a majority of the council members. A majority of the members 29 of the council constitutes a quorum. 30 (4) DUTIES OF COUNCIL.--The council shall provide 31 advice and make recommendations, as necessary, to the 3 9:39 AM 04/27/01 s1864c1c-18k0a
SENATE AMENDMENT Bill No. CS for SB's 1864 & 2086 Amendment No. ___ Barcode 595944 1 executive director of the department. 2 (a) The council may advise the executive director on 3 the feasibility of undertaking initiatives which include, but 4 are not limited to, the following: 5 1. Establishing a program which provides grants to 6 criminal justice agencies that develop and implement effective 7 violent crime prevention and investigative programs and which 8 provides grants to law enforcement agencies for the purpose of 9 drug control and illicit money laundering investigative 10 efforts or task force efforts that are determined by the 11 council to significantly contribute to achieving the state's 12 goal of reducing drug-related crime as articulated by the 13 Office of Drug Control, that represent a significant illicit 14 money laundering investigative effort, or that otherwise 15 significantly support statewide strategies developed by the 16 Statewide Drug Policy Advisory Council established under s. 17 397.333, subject to the limitations provided in this section. 18 The grant program may shall include an innovations grant 19 program to provide startup funding for new initiatives by 20 local and state law enforcement agencies to combat violent 21 crime or to implement drug control or illicit money laundering 22 investigative efforts or task force efforts by law enforcement 23 agencies, including, but not limited to, initiatives such as: 24 a. Providing Provision of enhanced community-oriented 25 policing. 26 b. Providing Provision of additional undercover 27 officers and other investigative officers to assist with 28 violent crime investigations in emergency situations. 29 c. Providing funding for multiagency or statewide drug 30 control or illicit money laundering investigative efforts or 31 task force efforts that cannot be reasonably funded completely 4 9:39 AM 04/27/01 s1864c1c-18k0a
SENATE AMENDMENT Bill No. CS for SB's 1864 & 2086 Amendment No. ___ Barcode 595944 1 by alternative sources and that significantly contribute to 2 achieving the state's goal of reducing drug-related crime as 3 articulated by the Office of Drug Control, that represent a 4 significant illicit money laundering investigative effort, or 5 that otherwise significantly support statewide strategies 6 developed by the Statewide Drug Policy Advisory Council 7 established under s. 397.333. 8 2. Creating a criminal justice research and behavioral 9 science center. The center shall provide key support to local 10 law enforcement agencies undertaking unique or emergency 11 violent crime investigations, including the mobilization of 12 special task forces to directly target violent crime in 13 specific areas. 14 2.3. Expanding the use of automated fingerprint 15 identification systems at the state and local level. 16 3.4. Identifying methods to prevent violent crime. 17 4. Identifying methods to enhance multiagency or 18 statewide drug control or illicit money laundering 19 investigative efforts or task force efforts that significantly 20 contribute to achieving the state's goal of reducing 21 drug-related crime as articulated by the Office of Drug 22 Control, that represent a significant illicit money laundering 23 investigative effort, or that otherwise significantly support 24 statewide strategies developed by the Statewide Drug Policy 25 Advisory Council established under s. 397.333. 26 5. Enhancing criminal justice training programs which 27 address violent crime, drug control, or illicit money 28 laundering investigative techniques or efforts. 29 6. Developing and promoting crime prevention services 30 and educational programs that serve the public, including, but 31 not limited to: 5 9:39 AM 04/27/01 s1864c1c-18k0a
SENATE AMENDMENT Bill No. CS for SB's 1864 & 2086 Amendment No. ___ Barcode 595944 1 a. Enhanced victim and witness counseling services 2 that also provide crisis intervention, information referral, 3 transportation, and emergency financial assistance. 4 b. A well-publicized rewards program for the 5 apprehension and conviction of criminals who perpetrate 6 violent crimes. 7 7. Enhancing information sharing and assistance in the 8 criminal justice community by expanding the use of community 9 partnerships and community policing programs. Such expansion 10 may include the use of civilian employees or volunteers to 11 relieve law enforcement officers of clerical work in order to 12 enable the officers to concentrate on street visibility within 13 the community. 14 (b) Additionally, The council shall: 15 1. Receive periodic reports from Advise the executive 16 director on the creation of regional violent crime 17 investigation and statewide drug control strategy 18 implementation coordinating teams which relate to violent 19 crime trends or the investigative needs or successes in the 20 regions, factors and trends relevant to the implementation of 21 the statewide drug strategy, and the results of drug control 22 and illicit money laundering investigative efforts funded in 23 part by the council. 24 2. Maintain and utilize Develop criteria for the 25 disbursement of funds from the Violent Crime Investigative 26 Emergency and Drug Control Strategy Implementation Account 27 within the Department of Law Enforcement Operating Trust Fund 28 or other appropriations provided to the Department of Law 29 Enforcement by the Legislature in the General Appropriations 30 Act. The criteria shall allow for the advancement of funds as 31 approved by the council. 6 9:39 AM 04/27/01 s1864c1c-18k0a
SENATE AMENDMENT Bill No. CS for SB's 1864 & 2086 Amendment No. ___ Barcode 595944 1 3. Review and approve all requests for disbursement of 2 funds from the Violent Crime Investigative Emergency and Drug 3 Control Strategy Implementation Account within the Department 4 of Law Enforcement Operating Trust Fund and from other 5 appropriations provided to the department by the Legislature 6 in the General Appropriations Act. An expedited approval 7 procedure shall be established for rapid disbursement of funds 8 in violent crime emergency situations. 9 4. Advise the executive director on the development of 10 a statewide violent crime information system. 11 (5) REPORTS.--The council shall report annually on its 12 activities, on or before December 30 of each calendar year, to 13 the executive director, the President of the Senate, the 14 Speaker of the House of Representatives, and the chairs of the 15 Senate and House committees having principal jurisdiction over 16 criminal law chairs of the Committees on Criminal Justice in 17 both chambers. Comments and responses of the executive 18 director to the report are to be included must respond to the 19 annual report and any other recommendations of the council in 20 writing. All written responses must be forwarded to the 21 council members, the President of the Senate, the Speaker of 22 the House of Representatives, and the chairs of the Committees 23 on Criminal Justice in both chambers. 24 (6) VICTIM AND WITNESS PROTECTION REVIEW COMMITTEE.-- 25 (a) The Victim and Witness Protection Review Committee 26 is created within the Florida Violent Crime and Drug Control 27 Council, consisting of the statewide prosecutor or a state 28 attorney, a sheriff, a chief of police, and the designee of 29 the executive director of the Department of Law Enforcement. 30 The committee shall be appointed from the membership of the 31 council by the chair of the council after the chair has 7 9:39 AM 04/27/01 s1864c1c-18k0a
SENATE AMENDMENT Bill No. CS for SB's 1864 & 2086 Amendment No. ___ Barcode 595944 1 consulted with the executive director of the Department of Law 2 Enforcement. Committee members shall meet in conjunction with 3 the meetings of the council. 4 (b) The committee shall: 5 1. Maintain and utilize Develop criteria for 6 disbursing funds to reimburse law enforcement agencies for 7 costs associated with providing victim and witness protective 8 or temporary relocation services. 9 2. Review and approve or deny, in whole or in part, 10 all reimbursement requests submitted by law enforcement 11 agencies. 12 (c) The lead law enforcement agency providing victim 13 or witness protective or temporary relocation services 14 pursuant to the provisions of s. 914.25 may submit a request 15 for reimbursement to the Victim and Witness Protection Review 16 Committee in a format approved by the committee. The lead law 17 enforcement agency shall submit such reimbursement request on 18 behalf of all law enforcement agencies that cooperated in 19 providing protective or temporary relocation services related 20 to a particular criminal investigation or prosecution. As part 21 of the reimbursement request, the lead law enforcement agency 22 must indicate how any reimbursement proceeds will be 23 distributed among the agencies that provided protective or 24 temporary relocation services. 25 (d) The committee, in its discretion, may use funds 26 available to the committee to provide all or partial 27 reimbursement to the lead law enforcement agency for such 28 costs, or may decline to provide any reimbursement. 29 (e) The committee may conduct its meeting by 30 teleconference or conference phone calls when the chair of the 31 committee finds that the need for reimbursement is such that 8 9:39 AM 04/27/01 s1864c1c-18k0a
SENATE AMENDMENT Bill No. CS for SB's 1864 & 2086 Amendment No. ___ Barcode 595944 1 delaying until the next scheduled council meeting will 2 adversely affect the requesting agency's ability to provide 3 the protection services. 4 (7) CONFIDENTIALITY; EXEMPTED PORTIONS OF COUNCIL 5 MEETINGS AND RECORDS.-- 6 (a)1. The Legislature finds that during limited 7 portions of the meetings of the Florida Violent Crime and Drug 8 Control Council it is necessary that the council be presented 9 with and discuss details, information, and documents related 10 to active criminal investigations or matters constituting 11 active criminal intelligence, as those concepts are defined by 12 s. 119.011. These presentations and discussions are necessary 13 for the council to make its funding decisions as required by 14 the Legislature. The Legislature finds that to reveal the 15 contents of documents containing active criminal investigative 16 or intelligence information or to allow active criminal 17 investigative or active criminal intelligence matters to be 18 discussed in a meeting open to the public negatively impacts 19 the ability of law enforcement agencies to efficiently 20 continue their investigative or intelligence gathering 21 activities. The Legislature finds that information coming 22 before the council that pertains to active criminal 23 investigations or intelligence should remain confidential and 24 exempt from public disclosure. The Legislature finds that the 25 Florida Violent Crime and Drug Control Council may, by 26 declaring only those portions of council meetings in which 27 active criminal investigative or active criminal intelligence 28 information is to be presented or discussed closed to the 29 public, assure an appropriate balance between the policy of 30 this state that meetings be public and the policy of this 31 state to facilitate efficient law enforcement efforts. 9 9:39 AM 04/27/01 s1864c1c-18k0a
SENATE AMENDMENT Bill No. CS for SB's 1864 & 2086 Amendment No. ___ Barcode 595944 1 2. The Legislature finds that it is a public necessity 2 that portions of the meetings of the Florida Violent Crime and 3 Drug Control Council be closed when the confidential details, 4 information, and documents related to active criminal 5 investigations or matters constituting active criminal 6 intelligence are discussed. The Legislature further finds that 7 it is no less a public necessity that portions of public 8 records generated at closed council meetings, such as tape 9 recordings, minutes, and notes, memorializing the discussions 10 regarding such confidential details, information, and 11 documents related to active criminal investigations or matters 12 constituting active criminal intelligence, also shall be held 13 confidential. 14 (b) The Florida Violent Crime and Drug Control Council 15 shall be considered a "criminal justice agency" within the 16 definition of s. 119.011(4). 17 (c)1. The Florida Violent Crime and Drug Control 18 Council may close portions of meetings during which the 19 council will hear or discuss active criminal investigative 20 information or active criminal intelligence information, and 21 such portions of meetings shall be exempt from the provisions 22 of s. 286.011 and s. 24(b), Art. I of the State Constitution, 23 provided that the following conditions are met: 24 a. The chair of the council shall advise the council 25 at a public meeting that, in connection with the performance 26 of a council duty, it is necessary that the council hear or 27 discuss active criminal investigative information or active 28 criminal intelligence information. 29 b. The chair's declaration of necessity for closure 30 and the specific reasons for such necessity shall be stated in 31 writing in a document that shall be a public record and shall 10 9:39 AM 04/27/01 s1864c1c-18k0a
SENATE AMENDMENT Bill No. CS for SB's 1864 & 2086 Amendment No. ___ Barcode 595944 1 be filed with the official records of the council. 2 c. The entire closed session shall be recorded. The 3 recording shall include the times of commencement and 4 termination of the closed session, all discussion and 5 proceedings, and the names of all persons present. No portion 6 of the session shall be off the record. Such recording shall 7 be maintained by the council, and is exempt from the 8 provisions of s. 119.07(1) and s. 24(a), Art. I of the State 9 Constitution until such time as the criminal investigative 10 information or criminal intelligence information that 11 justifies closure ceases to be active, at which time the 12 portion of the record related to the no longer active 13 information or intelligence shall be open for public 14 inspection and copying. 15 16 The exemption in this paragraph is subject to the Open 17 Government Sunset Review Act of 1995 in accordance with s. 18 119.15 and shall stand repealed on October 2, 2002, unless 19 reviewed and saved from repeal through reenactment by the 20 Legislature. 21 2. Only members of the council, Department of Law 22 Enforcement staff supporting the council's function, and other 23 persons whose presence has been authorized by chair of the 24 council shall be allowed to attend the exempted portions of 25 the council meetings. The council shall assure that any 26 closure of its meetings as authorized by this section is 27 limited so that the general policy of this state in favor of 28 public meetings is maintained. 29 (d) Those portions of any public record, such as a 30 tape recording, minutes, and notes, generated during that 31 portion of a Florida Violent Crime and Drug Control Council 11 9:39 AM 04/27/01 s1864c1c-18k0a
SENATE AMENDMENT Bill No. CS for SB's 1864 & 2086 Amendment No. ___ Barcode 595944 1 meeting which is closed to the public pursuant to this 2 section, which contain information relating to active criminal 3 investigations or matters constituting active criminal 4 intelligence, are confidential and exempt from the provisions 5 of s. 119.07(1) and s. 24(a), Art. I of the State Constitution 6 until such criminal investigative information or criminal 7 intelligence information ceases to be active. The exemptions 8 in this paragraph are subject to the Open Government Sunset 9 Review Act of 1995 in accordance with s. 119.15 and shall 10 stand repealed on October 2, 2002, unless reviewed and saved 11 from repeal through reenactment by the Legislature. 12 Section 2. Subsection (5) of section 943.17, Florida 13 Statutes, is amended to read: 14 943.17 Basic recruit, advanced, and career development 15 training programs; participation; cost; evaluation.--The 16 commission shall, by rule, design, implement, maintain, 17 evaluate, and revise job-related curricula and performance 18 standards for basic recruit, advanced, and career development 19 training programs and courses. The rules shall include, but 20 are not limited to, a methodology to assess relevance of the 21 subject matter to the job, student performance, and instructor 22 competency. 23 (5) The commission, in consultation with the Florida 24 Violent Crime and Drug Control Council, shall establish 25 standards for basic and advanced training programs for law 26 enforcement officers in the subjects of investigating and 27 preventing violent crime. After January 1, 1995, every basic 28 skills course required in order for law enforcement officers 29 to obtain initial certification must include training on 30 violent crime prevention and investigations. 31 Section 3. Section 943.042, Florida Statutes, is 12 9:39 AM 04/27/01 s1864c1c-18k0a
SENATE AMENDMENT Bill No. CS for SB's 1864 & 2086 Amendment No. ___ Barcode 595944 1 amended to read: 2 943.042 Violent Crime Investigative Emergency and Drug 3 Control Strategy Implementation Account within the Department 4 of Law Enforcement Operating Trust Fund.-- 5 (1) There is created a Violent Crime Investigative 6 Emergency and Drug Control Strategy Implementation Account 7 within the Department of Law Enforcement Operating Trust Fund. 8 The account shall be used to provide emergency supplemental 9 funds to: 10 (a) State and local law enforcement agencies which are 11 involved in complex and lengthy violent crime investigations, 12 or matching funding to multiagency or statewide drug control 13 or illicit money laundering investigative efforts or task 14 force efforts that significantly contribute to achieving the 15 state's goal of reducing drug-related crime as articulated by 16 the Office of Drug Control, that represent a significant 17 illicit money laundering investigative effort, or that 18 otherwise significantly support statewide strategies developed 19 by the Statewide Drug Policy Advisory Council established 20 under s. 397.333; 21 (b) State and local law enforcement agencies which are 22 involved in violent crime investigations which constitute a 23 significant emergency within the state; or 24 (c) Counties which demonstrate a significant hardship 25 or an inability to cover extraordinary expenses associated 26 with a violent crime trial. 27 (2) In consultation with the Florida Violent Crime and 28 Drug Control Council, the department must maintain promulgate 29 rules which, at minimum, address the following: 30 (a) Criteria for determining what constitutes a 31 complex and lengthy violent crime investigation for the 13 9:39 AM 04/27/01 s1864c1c-18k0a
SENATE AMENDMENT Bill No. CS for SB's 1864 & 2086 Amendment No. ___ Barcode 595944 1 purpose of this section. 2 (b) Criteria for determining those violent crime 3 investigations which constitute a significant emergency within 4 the state for the purpose of this section. 5 (c) Criteria for determining the circumstances under 6 which counties may receive emergency supplemental funds for 7 extraordinary expenses associated with a violent crime trial 8 under this section. 9 (d) Guidelines which establish a $100,000 maximum 10 limit limits on the amount that may be disbursed on a single 11 investigation and a $200,000 maximum limit on funds that may 12 be provided to a single agency during the agency's fiscal 13 year. 14 (e) Procedures for law enforcement agencies to use 15 when applying for funds, including certification by the head 16 of the agency that a request complies with the requirements 17 established by the council. 18 (f) Annual evaluation and audit of the trust fund. 19 (3) With regard to the funding of drug control or 20 illicit money laundering investigative efforts or task force 21 efforts, the department shall adopt rules which, at a minimum, 22 address the following: 23 (a) Criteria for determining what constitutes a 24 multiagency or statewide drug control or illicit money 25 laundering investigative effort or task force effort eligible 26 to seek funding under this section. 27 (b) Criteria for determining whether a multiagency or 28 statewide investigation or task force effort significantly 29 contributes to achieving the state's goals and strategies. 30 (c) Limitations upon the amount that may be disbursed 31 yearly to a single multiagency or statewide drug control or 14 9:39 AM 04/27/01 s1864c1c-18k0a
SENATE AMENDMENT Bill No. CS for SB's 1864 & 2086 Amendment No. ___ Barcode 595944 1 illicit money laundering investigation or task force effort. 2 (d) Procedures to utilize when applying for funds, 3 including a required designation of the amount of matching 4 funds being provided by the task force or participating 5 agencies and a signed commitment by the head of each agency 6 seeking funds that funds so designated will be utilized as 7 represented if council funding is provided. 8 (e) Requirements to expend funds provided by the 9 council in the manner authorized by the council, and a method 10 of accounting for the receipt, use, and disbursement of any 11 funds expended in drug control or illicit money laundering 12 investigative efforts or task force efforts funded in part 13 under the authority of this section. 14 (f) Requirements for reporting by recipient agencies 15 on the performance and accomplishments secured by the 16 investigative or task force efforts, including a requirement 17 that the reports demonstrate how the state's drug control 18 goals and strategies have been promoted by the efforts, and 19 how other investigative goals have been met, including arrests 20 made by such efforts, results of prosecutions based on such 21 arrests, impact upon organized criminal enterprise structures 22 by reason of such efforts, property or currency seizures made, 23 illicit money laundering operations disrupted or otherwise 24 impacted, forfeiture of assets by reason of such efforts, and 25 anticipated or actual utilization of assets received by reason 26 of a forfeiture based in whole or in part upon an 27 investigation funded in whole or in part by council funds. 28 (4)(3)(a) Except as permitted in this section, a 29 disbursement from for the Violent Crime Investigative 30 Emergency and Drug Control Strategy Implementation Account 31 shall not be used to supplant existing appropriations of state 15 9:39 AM 04/27/01 s1864c1c-18k0a
SENATE AMENDMENT Bill No. CS for SB's 1864 & 2086 Amendment No. ___ Barcode 595944 1 and local law enforcement agencies and counties or to 2 otherwise fund expenditures that are ordinary or reasonably 3 predictable for the operation of a state or local law 4 enforcement agency. 5 (b) The moneys placed in the account shall consist of 6 appropriations from the Legislature or moneys received from 7 any other public or private source. Any local law enforcement 8 agency that acquires funds pursuant to the Florida Contraband 9 Forfeiture Act or any other forfeiture action is authorized to 10 donate a portion of such funds to the account. 11 (c) Upon a finding by a majority of the members of the 12 council, any unexcused failure by recipient agencies or task 13 forces to utilize funds in the manner authorized by this 14 section and the Florida Violent Crime and Drug Control 15 Council, or to timely provide required accounting records, 16 reports, or other information requested by the council or by 17 the department related to funding requested or provided, 18 shall: 19 1. Constitute a basis for a demand by the council for 20 the immediate return of all or any portion of funds previously 21 provided to the recipient by the council; and 22 2. Result in termination or limitation of any pending 23 funding by the council under this section, 24 25 and may, upon specific direction of a majority of the council, 26 result in disqualification of the involved agencies or task 27 forces from consideration for additional or future funding for 28 investigative efforts as described in this section for a 29 period of not more than 2 years following the council's 30 action. The council, through the department, is authorized to 31 pursue any collection remedies necessary if a recipient agency 16 9:39 AM 04/27/01 s1864c1c-18k0a
SENATE AMENDMENT Bill No. CS for SB's 1864 & 2086 Amendment No. ___ Barcode 595944 1 fails to return funds as demanded. 2 Section 4. Section 943.0585, Florida Statutes, is 3 amended to read: 4 943.0585 Court-ordered expunction of criminal history 5 records.--The courts of this state have jurisdiction over 6 their own procedures, including the maintenance, expunction, 7 and correction of judicial records containing criminal history 8 information to the extent such procedures are not inconsistent 9 with the conditions, responsibilities, and duties established 10 by this section. Any court of competent jurisdiction may order 11 a criminal justice agency to expunge the criminal history 12 record of a minor or an adult who complies with the 13 requirements of this section. The court shall not order a 14 criminal justice agency to expunge a criminal history record 15 until the person seeking to expunge a criminal history record 16 has applied for and received a certificate of eligibility for 17 expunction pursuant to subsection (2). A criminal history 18 record that relates to a violation of s. 787.025, chapter 794, 19 s. 796.03, s. 800.04, s. 817.034, s. 825.1025, s. 827.071, 20 chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s. 21 893.135, or a violation enumerated in s. 907.041 may not be 22 expunged, without regard to whether adjudication was withheld, 23 if the defendant was found guilty of or pled guilty or nolo 24 contendere to the offense, or if the defendant, as a minor, 25 was found to have committed, or pled guilty or nolo contendere 26 to committing, the offense as a delinquent act. The court may 27 only order expunction of a criminal history record pertaining 28 to one arrest or one incident of alleged criminal activity, 29 except as provided in this section. The court may, at its sole 30 discretion, order the expunction of a criminal history record 31 pertaining to more than one arrest if the additional arrests 17 9:39 AM 04/27/01 s1864c1c-18k0a
SENATE AMENDMENT Bill No. CS for SB's 1864 & 2086 Amendment No. ___ Barcode 595944 1 directly relate to the original arrest. If the court intends 2 to order the expunction of records pertaining to such 3 additional arrests, such intent must be specified in the 4 order. A criminal justice agency may not expunge any record 5 pertaining to such additional arrests if the order to expunge 6 does not articulate the intention of the court to expunge a 7 record pertaining to more than one arrest. This section does 8 not prevent the court from ordering the expunction of only a 9 portion of a criminal history record pertaining to one arrest 10 or one incident of alleged criminal activity. Notwithstanding 11 any law to the contrary, a criminal justice agency may comply 12 with laws, court orders, and official requests of other 13 jurisdictions relating to expunction, correction, or 14 confidential handling of criminal history records or 15 information derived therefrom. This section does not confer 16 any right to the expunction of any criminal history record, 17 and any request for expunction of a criminal history record 18 may be denied at the sole discretion of the court. 19 (1) PETITION TO EXPUNGE A CRIMINAL HISTORY 20 RECORD.--Each petition to a court to expunge a criminal 21 history record is complete only when accompanied by: 22 (a) A certificate of eligibility for expunction issued 23 by the department pursuant to subsection (2). 24 (b) The petitioner's sworn statement attesting that 25 the petitioner: 26 1. Has never, prior to the date on which the petition 27 is filed, been adjudicated guilty of a criminal offense or 28 comparable ordinance violation or adjudicated delinquent for 29 committing a felony or a misdemeanor specified in s. 30 943.051(3)(b). 31 2. Has not been adjudicated guilty of, or adjudicated 18 9:39 AM 04/27/01 s1864c1c-18k0a
SENATE AMENDMENT Bill No. CS for SB's 1864 & 2086 Amendment No. ___ Barcode 595944 1 delinquent for committing, any of the acts stemming from the 2 arrest or alleged criminal activity to which the petition 3 pertains. 4 3. Has never secured a prior sealing or expunction of 5 a criminal history record under this section, former s. 6 893.14, former s. 901.33, or former s. 943.058, or from any 7 jurisdiction outside the state. 8 4. Is eligible for such an expunction to the best of 9 his or her knowledge or belief and does not have any other 10 petition to expunge or any petition to seal pending before any 11 court. 12 13 Any person who knowingly provides false information on such 14 sworn statement to the court commits a felony of the third 15 degree, punishable as provided in s. 775.082, s. 775.083, or 16 s. 775.084. 17 (2) CERTIFICATE OF ELIGIBILITY FOR EXPUNCTION.--Prior 18 to petitioning the court to expunge a criminal history record, 19 a person seeking to expunge a criminal history record shall 20 apply to the department for a certificate of eligibility for 21 expunction. The department shall, by rule adopted pursuant to 22 chapter 120, establish procedures pertaining to the 23 application for and issuance of certificates of eligibility 24 for expunction. The department shall issue a certificate of 25 eligibility for expunction to a person who is the subject of a 26 criminal history record if that person: 27 (a) Has obtained, and submitted to the department, a 28 written, certified statement from the appropriate state 29 attorney or statewide prosecutor which indicates: 30 1. That an indictment, information, or other charging 31 document was not filed or issued in the case. 19 9:39 AM 04/27/01 s1864c1c-18k0a
SENATE AMENDMENT Bill No. CS for SB's 1864 & 2086 Amendment No. ___ Barcode 595944 1 2. That an indictment, information, or other charging 2 document, if filed or issued in the case, was dismissed or 3 nolle prosequi by the state attorney or statewide prosecutor, 4 or was dismissed by a court of competent jurisdiction. 5 3. That the criminal history record does not relate to 6 a violation of s. 787.025, chapter 794, s. 796.03, s. 800.04, 7 s. 817.034, s. 825.1025, s. 827.071, chapter 839, s. 847.0133, 8 s. 847.0135, s. 847.0145, s. 893.135, or a violation 9 enumerated in s. 907.041, where the defendant was found guilty 10 of, or pled guilty or nolo contendere to any such offense, or 11 that the defendant, as a minor, was found to have committed, 12 or pled guilty or nolo contendere to committing, such an 13 offense as a delinquent act, without regard to whether 14 adjudication was withheld. 15 (b) Remits a $75 processing fee to the department for 16 placement in the Department of Law Enforcement Operating Trust 17 Fund, unless such fee is waived by the executive director. 18 (c) Has submitted to the department a certified copy 19 of the disposition of the charge to which the petition to 20 expunge pertains. 21 (d) Has never, prior to the date on which the 22 application for a certificate of eligibility is filed, been 23 adjudicated guilty of a criminal offense or comparable 24 ordinance violation or adjudicated delinquent for committing a 25 felony or a misdemeanor specified in s. 943.051(3)(b). 26 (e) Has not been adjudicated guilty of, or adjudicated 27 delinquent for committing, any of the acts stemming from the 28 arrest or alleged criminal activity to which the petition to 29 expunge pertains. 30 (f) Has never secured a prior sealing or expunction of 31 a criminal history record under this section, former s. 20 9:39 AM 04/27/01 s1864c1c-18k0a
SENATE AMENDMENT Bill No. CS for SB's 1864 & 2086 Amendment No. ___ Barcode 595944 1 893.14, former s. 901.33, or former s. 943.058. 2 (g) Is no longer under court supervision applicable to 3 the disposition of the arrest or alleged criminal activity to 4 which the petition to expunge pertains. 5 (h) Is not required to wait a minimum of 10 years 6 prior to being eligible for an expunction of such records 7 because all charges related to the arrest or criminal activity 8 to which the petition to expunge pertains were dismissed prior 9 to trial, adjudication, or the withholding of adjudication. 10 Otherwise, such criminal history record must be sealed under 11 this section, former s. 893.14, former s. 901.33, or former s. 12 943.058 for at least 10 years before such record is eligible 13 for expunction. 14 (3) PROCESSING OF A PETITION OR ORDER TO EXPUNGE.-- 15 (a) In judicial proceedings under this section, a copy 16 of the completed petition to expunge shall be served upon the 17 appropriate state attorney or the statewide prosecutor and 18 upon the arresting agency; however, it is not necessary to 19 make any agency other than the state a party. The appropriate 20 state attorney or the statewide prosecutor and the arresting 21 agency may respond to the court regarding the completed 22 petition to expunge. 23 (b) If relief is granted by the court, the clerk of 24 the court shall certify copies of the order to the appropriate 25 state attorney or the statewide prosecutor and the arresting 26 agency. The arresting agency is responsible for forwarding the 27 order to any other agency to which the arresting agency 28 disseminated the criminal history record information to which 29 the order pertains. The department shall forward the order to 30 expunge to the Federal Bureau of Investigation. The clerk of 31 the court shall certify a copy of the order to any other 21 9:39 AM 04/27/01 s1864c1c-18k0a
SENATE AMENDMENT Bill No. CS for SB's 1864 & 2086 Amendment No. ___ Barcode 595944 1 agency which the records of the court reflect has received the 2 criminal history record from the court. 3 (c) For an order to expunge entered by a court prior 4 to July 1, 1992, the department shall notify the appropriate 5 state attorney or statewide prosecutor of an order to expunge 6 which is contrary to law because the person who is the subject 7 of the record has previously been convicted of a crime or 8 comparable ordinance violation or has had a prior criminal 9 history record sealed or expunged. Upon receipt of such 10 notice, the appropriate state attorney or statewide prosecutor 11 shall take action, within 60 days, to correct the record and 12 petition the court to void the order to expunge. The 13 department shall seal the record until such time as the order 14 is voided by the court. 15 (d) On or after July 1, 1992, the department or any 16 other criminal justice agency is not required to act on an 17 order to expunge entered by a court when such order does not 18 comply with the requirements of this section. Upon receipt of 19 such an order, the department must notify the issuing court, 20 the appropriate state attorney or statewide prosecutor, the 21 petitioner or the petitioner's attorney, and the arresting 22 agency of the reason for noncompliance. The appropriate state 23 attorney or statewide prosecutor shall take action within 60 24 days to correct the record and petition the court to void the 25 order. No cause of action, including contempt of court, shall 26 arise against any criminal justice agency for failure to 27 comply with an order to expunge when the petitioner for such 28 order failed to obtain the certificate of eligibility as 29 required by this section or such order does not otherwise 30 comply with the requirements of this section. 31 (4) EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.--Any 22 9:39 AM 04/27/01 s1864c1c-18k0a
SENATE AMENDMENT Bill No. CS for SB's 1864 & 2086 Amendment No. ___ Barcode 595944 1 criminal history record of a minor or an adult which is 2 ordered expunged by a court of competent jurisdiction pursuant 3 to this section must be physically destroyed or obliterated by 4 any criminal justice agency having custody of such record; 5 except that any criminal history record in the custody of the 6 department must be retained in all cases. A criminal history 7 record ordered expunged that is retained by the department is 8 confidential and exempt from the provisions of s. 119.07(1) 9 and s. 24(a), Art. I of the State Constitution and not 10 available to any person or entity except upon order of a court 11 of competent jurisdiction. A criminal justice agency may 12 retain a notation indicating compliance with an order to 13 expunge. 14 (a) The person who is the subject of a criminal 15 history record that is expunged under this section or under 16 other provisions of law, including former s. 893.14, former s. 17 901.33, and former s. 943.058, may lawfully deny or fail to 18 acknowledge the arrests covered by the expunged record, except 19 when the subject of the record: 20 1. Is a candidate for employment with a criminal 21 justice agency; 22 2. Is a defendant in a criminal prosecution; 23 3. Concurrently or subsequently petitions for relief 24 under this section or s. 943.059; 25 4. Is a candidate for admission to The Florida Bar; 26 5. Is seeking to be employed or licensed by or to 27 contract with the Department of Children and Family Services 28 or the Department of Juvenile Justice or to be employed or 29 used by such contractor or licensee in a sensitive position 30 having direct contact with children, the developmentally 31 disabled, the aged, or the elderly as provided in s. 23 9:39 AM 04/27/01 s1864c1c-18k0a
SENATE AMENDMENT Bill No. CS for SB's 1864 & 2086 Amendment No. ___ Barcode 595944 1 110.1127(3), s. 393.063(15), s. 394.4572(1), s. 397.451, s. 2 402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4), s. 3 985.407, or chapter 400; or 4 6. Is seeking to be employed or licensed by the Office 5 of Teacher Education, Certification, Staff Development, and 6 Professional Practices of the Department of Education, any 7 district school board, or any local governmental entity that 8 licenses child care facilities. 9 (b) Subject to the exceptions in paragraph (a), a 10 person who has been granted an expunction under this section, 11 former s. 893.14, former s. 901.33, or former s. 943.058 may 12 not be held under any provision of law of this state to commit 13 perjury or to be otherwise liable for giving a false statement 14 by reason of such person's failure to recite or acknowledge an 15 expunged criminal history record. 16 (c) Information relating to the existence of an 17 expunged criminal history record which is provided in 18 accordance with paragraph (a) is confidential and exempt from 19 the provisions of s. 119.07(1) and s. 24(a), Art. I of the 20 State Constitution, except that the department shall disclose 21 the existence of a criminal history record ordered expunged to 22 the entities set forth in subparagraphs (a)1., 4., 5., and 6. 23 for their respective licensing and employment purposes, and to 24 criminal justice agencies for their respective criminal 25 justice purposes. It is unlawful for any employee of an entity 26 set forth in subparagraph (a)1., subparagraph (a)4., 27 subparagraph (a)5., or subparagraph (a)6. to disclose 28 information relating to the existence of an expunged criminal 29 history record of a person seeking employment or licensure 30 with such entity or contractor, except to the person to whom 31 the criminal history record relates or to persons having 24 9:39 AM 04/27/01 s1864c1c-18k0a
SENATE AMENDMENT Bill No. CS for SB's 1864 & 2086 Amendment No. ___ Barcode 595944 1 direct responsibility for employment or licensure decisions. 2 Any person who violates this paragraph commits a misdemeanor 3 of the first degree, punishable as provided in s. 775.082 or 4 s. 775.083. 5 (5) STATUTORY REFERENCES.--Any reference to any other 6 chapter, section, or subdivision of the Florida Statutes in 7 this section constitutes a general reference under the 8 doctrine of incorporation by reference. 9 Section 5. Section 943.059, Florida Statutes, is 10 amended to read: 11 943.059 Court-ordered sealing of criminal history 12 records.--The courts of this state shall continue to have 13 jurisdiction over their own procedures, including the 14 maintenance, sealing, and correction of judicial records 15 containing criminal history information to the extent such 16 procedures are not inconsistent with the conditions, 17 responsibilities, and duties established by this section. Any 18 court of competent jurisdiction may order a criminal justice 19 agency to seal the criminal history record of a minor or an 20 adult who complies with the requirements of this section. The 21 court shall not order a criminal justice agency to seal a 22 criminal history record until the person seeking to seal a 23 criminal history record has applied for and received a 24 certificate of eligibility for sealing pursuant to subsection 25 (2). A criminal history record that relates to a violation of 26 s. 787.025, chapter 794, s. 796.03, s. 800.04, s. 817.034, s. 27 825.1025, s. 827.071, chapter 839, s. 847.0133, s. 847.0135, 28 s. 847.0145, s. 893.135, or a violation enumerated in s. 29 907.041 may not be sealed, without regard to whether 30 adjudication was withheld, if the defendant was found guilty 31 of or pled guilty or nolo contendere to the offense, or if the 25 9:39 AM 04/27/01 s1864c1c-18k0a
SENATE AMENDMENT Bill No. CS for SB's 1864 & 2086 Amendment No. ___ Barcode 595944 1 defendant, as a minor, was found to have committed or pled 2 guilty or nolo contendere to committing the offense as a 3 delinquent act. The court may only order sealing of a criminal 4 history record pertaining to one arrest or one incident of 5 alleged criminal activity, except as provided in this section. 6 The court may, at its sole discretion, order the sealing of a 7 criminal history record pertaining to more than one arrest if 8 the additional arrests directly relate to the original arrest. 9 If the court intends to order the sealing of records 10 pertaining to such additional arrests, such intent must be 11 specified in the order. A criminal justice agency may not seal 12 any record pertaining to such additional arrests if the order 13 to seal does not articulate the intention of the court to seal 14 records pertaining to more than one arrest. This section does 15 not prevent the court from ordering the sealing of only a 16 portion of a criminal history record pertaining to one arrest 17 or one incident of alleged criminal activity. Notwithstanding 18 any law to the contrary, a criminal justice agency may comply 19 with laws, court orders, and official requests of other 20 jurisdictions relating to sealing, correction, or confidential 21 handling of criminal history records or information derived 22 therefrom. This section does not confer any right to the 23 sealing of any criminal history record, and any request for 24 sealing a criminal history record may be denied at the sole 25 discretion of the court. 26 (1) PETITION TO SEAL A CRIMINAL HISTORY RECORD.--Each 27 petition to a court to seal a criminal history record is 28 complete only when accompanied by: 29 (a) A certificate of eligibility for sealing issued by 30 the department pursuant to subsection (2). 31 (b) The petitioner's sworn statement attesting that 26 9:39 AM 04/27/01 s1864c1c-18k0a
SENATE AMENDMENT Bill No. CS for SB's 1864 & 2086 Amendment No. ___ Barcode 595944 1 the petitioner: 2 1. Has never, prior to the date on which the petition 3 is filed, been adjudicated guilty of a criminal offense or 4 comparable ordinance violation or adjudicated delinquent for 5 committing a felony or a misdemeanor specified in s. 6 943.051(3)(b). 7 2. Has not been adjudicated guilty of or adjudicated 8 delinquent for committing any of the acts stemming from the 9 arrest or alleged criminal activity to which the petition to 10 seal pertains. 11 3. Has never secured a prior sealing or expunction of 12 a criminal history record under this section, former s. 13 893.14, former s. 901.33, former s. 943.058, or from any 14 jurisdiction outside the state. 15 4. Is eligible for such a sealing to the best of his 16 or her knowledge or belief and does not have any other 17 petition to seal or any petition to expunge pending before any 18 court. 19 20 Any person who knowingly provides false information on such 21 sworn statement to the court commits a felony of the third 22 degree, punishable as provided in s. 775.082, s. 775.083, or 23 s. 775.084. 24 (2) CERTIFICATE OF ELIGIBILITY FOR SEALING.--Prior to 25 petitioning the court to seal a criminal history record, a 26 person seeking to seal a criminal history record shall apply 27 to the department for a certificate of eligibility for 28 sealing. The department shall, by rule adopted pursuant to 29 chapter 120, establish procedures pertaining to the 30 application for and issuance of certificates of eligibility 31 for sealing. The department shall issue a certificate of 27 9:39 AM 04/27/01 s1864c1c-18k0a
SENATE AMENDMENT Bill No. CS for SB's 1864 & 2086 Amendment No. ___ Barcode 595944 1 eligibility for sealing to a person who is the subject of a 2 criminal history record provided that such person: 3 (a) Has submitted to the department a certified copy 4 of the disposition of the charge to which the petition to seal 5 pertains. 6 (b) Remits a $75 processing fee to the department for 7 placement in the Department of Law Enforcement Operating Trust 8 Fund, unless such fee is waived by the executive director. 9 (c) Has never, prior to the date on which the 10 application for a certificate of eligibility is filed, been 11 adjudicated guilty of a criminal offense or comparable 12 ordinance violation or adjudicated delinquent for committing a 13 felony or a misdemeanor specified in s. 943.051(3)(b). 14 (d) Has not been adjudicated guilty of or adjudicated 15 delinquent for committing any of the acts stemming from the 16 arrest or alleged criminal activity to which the petition to 17 seal pertains. 18 (e) Has never secured a prior sealing or expunction of 19 a criminal history record under this section, former s. 20 893.14, former s. 901.33, or former s. 943.058. 21 (f) Is no longer under court supervision applicable to 22 the disposition of the arrest or alleged criminal activity to 23 which the petition to seal pertains. 24 (3) PROCESSING OF A PETITION OR ORDER TO SEAL.-- 25 (a) In judicial proceedings under this section, a copy 26 of the completed petition to seal shall be served upon the 27 appropriate state attorney or the statewide prosecutor and 28 upon the arresting agency; however, it is not necessary to 29 make any agency other than the state a party. The appropriate 30 state attorney or the statewide prosecutor and the arresting 31 agency may respond to the court regarding the completed 28 9:39 AM 04/27/01 s1864c1c-18k0a
SENATE AMENDMENT Bill No. CS for SB's 1864 & 2086 Amendment No. ___ Barcode 595944 1 petition to seal. 2 (b) If relief is granted by the court, the clerk of 3 the court shall certify copies of the order to the appropriate 4 state attorney or the statewide prosecutor and to the 5 arresting agency. The arresting agency is responsible for 6 forwarding the order to any other agency to which the 7 arresting agency disseminated the criminal history record 8 information to which the order pertains. The department shall 9 forward the order to seal to the Federal Bureau of 10 Investigation. The clerk of the court shall certify a copy of 11 the order to any other agency which the records of the court 12 reflect has received the criminal history record from the 13 court. 14 (c) For an order to seal entered by a court prior to 15 July 1, 1992, the department shall notify the appropriate 16 state attorney or statewide prosecutor of any order to seal 17 which is contrary to law because the person who is the subject 18 of the record has previously been convicted of a crime or 19 comparable ordinance violation or has had a prior criminal 20 history record sealed or expunged. Upon receipt of such 21 notice, the appropriate state attorney or statewide prosecutor 22 shall take action, within 60 days, to correct the record and 23 petition the court to void the order to seal. The department 24 shall seal the record until such time as the order is voided 25 by the court. 26 (d) On or after July 1, 1992, the department or any 27 other criminal justice agency is not required to act on an 28 order to seal entered by a court when such order does not 29 comply with the requirements of this section. Upon receipt of 30 such an order, the department must notify the issuing court, 31 the appropriate state attorney or statewide prosecutor, the 29 9:39 AM 04/27/01 s1864c1c-18k0a
SENATE AMENDMENT Bill No. CS for SB's 1864 & 2086 Amendment No. ___ Barcode 595944 1 petitioner or the petitioner's attorney, and the arresting 2 agency of the reason for noncompliance. The appropriate state 3 attorney or statewide prosecutor shall take action within 60 4 days to correct the record and petition the court to void the 5 order. No cause of action, including contempt of court, shall 6 arise against any criminal justice agency for failure to 7 comply with an order to seal when the petitioner for such 8 order failed to obtain the certificate of eligibility as 9 required by this section or when such order does not comply 10 with the requirements of this section. 11 (e) An order sealing a criminal history record 12 pursuant to this section does not require that such record be 13 surrendered to the court, and such record shall continue to be 14 maintained by the department and other criminal justice 15 agencies. 16 (4) EFFECT OF CRIMINAL HISTORY RECORD SEALING.--A 17 criminal history record of a minor or an adult which is 18 ordered sealed by a court of competent jurisdiction pursuant 19 to this section is confidential and exempt from the provisions 20 of s. 119.07(1) and s. 24(a), Art. I of the State Constitution 21 and is available only to the person who is the subject of the 22 record, to the subject's attorney, to criminal justice 23 agencies for their respective criminal justice purposes, or to 24 those entities set forth in subparagraphs (a)1., 4., 5., and 25 6. for their respective licensing and employment purposes. 26 (a) The subject of a criminal history record sealed 27 under this section or under other provisions of law, including 28 former s. 893.14, former s. 901.33, and former s. 943.058, may 29 lawfully deny or fail to acknowledge the arrests covered by 30 the sealed record, except when the subject of the record: 31 1. Is a candidate for employment with a criminal 30 9:39 AM 04/27/01 s1864c1c-18k0a
SENATE AMENDMENT Bill No. CS for SB's 1864 & 2086 Amendment No. ___ Barcode 595944 1 justice agency; 2 2. Is a defendant in a criminal prosecution; 3 3. Concurrently or subsequently petitions for relief 4 under this section or s. 943.0585; 5 4. Is a candidate for admission to The Florida Bar; 6 5. Is seeking to be employed or licensed by or to 7 contract with the Department of Children and Family Services 8 or the Department of Juvenile Justice or to be employed or 9 used by such contractor or licensee in a sensitive position 10 having direct contact with children, the developmentally 11 disabled, the aged, or the elderly as provided in s. 12 110.1127(3), s. 393.063(15), s. 394.4572(1), s. 397.451, s. 13 402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4), s. 14 415.103, s. 985.407, or chapter 400; or 15 6. Is seeking to be employed or licensed by the Office 16 of Teacher Education, Certification, Staff Development, and 17 Professional Practices of the Department of Education, any 18 district school board, or any local governmental entity which 19 licenses child care facilities. 20 (b) Subject to the exceptions in paragraph (a), a 21 person who has been granted a sealing under this section, 22 former s. 893.14, former s. 901.33, or former s. 943.058 may 23 not be held under any provision of law of this state to commit 24 perjury or to be otherwise liable for giving a false statement 25 by reason of such person's failure to recite or acknowledge a 26 sealed criminal history record. 27 (c) Information relating to the existence of a sealed 28 criminal record provided in accordance with the provisions of 29 paragraph (a) is confidential and exempt from the provisions 30 of s. 119.07(1) and s. 24(a), Art. I of the State 31 Constitution, except that the department shall disclose the 31 9:39 AM 04/27/01 s1864c1c-18k0a
SENATE AMENDMENT Bill No. CS for SB's 1864 & 2086 Amendment No. ___ Barcode 595944 1 sealed criminal history record to the entities set forth in 2 subparagraphs (a)1., 4., 5., and 6. for their respective 3 licensing and employment purposes. It is unlawful for any 4 employee of an entity set forth in subparagraph (a)1., 5 subparagraph (a)4., subparagraph (a)5., or subparagraph (a)6. 6 to disclose information relating to the existence of a sealed 7 criminal history record of a person seeking employment or 8 licensure with such entity or contractor, except to the person 9 to whom the criminal history record relates or to persons 10 having direct responsibility for employment or licensure 11 decisions. Any person who violates the provisions of this 12 paragraph commits a misdemeanor of the first degree, 13 punishable as provided in s. 775.082 or s. 775.083. 14 (5) STATUTORY REFERENCES.--Any reference to any other 15 chapter, section, or subdivision of the Florida Statutes in 16 this section constitutes a general reference under the 17 doctrine of incorporation by reference. 18 Section 6. Section 943.325, Florida Statutes, is 19 amended to read: 20 943.325 Blood or other biological specimen testing for 21 DNA analysis.-- 22 (1)(a) Any person who is convicted or was previously 23 convicted in this state for any offense or attempted offense 24 defined in chapter 794, chapter 800, s. 782.04, s. 784.045, s. 25 810.02, s. 812.133, or s. 812.135 and who is either: 26 1. Still incarcerated, or 27 2. No longer incarcerated, or has never been 28 incarcerated, yet but is within the confines of the legal 29 state boundaries and is on probation, community control, 30 parole, conditional release, control release, or any other 31 court-ordered supervision, 32 9:39 AM 04/27/01 s1864c1c-18k0a
SENATE AMENDMENT Bill No. CS for SB's 1864 & 2086 Amendment No. ___ Barcode 595944 1 2 shall be required to submit two specimens of blood or other 3 biological specimens approved by the Department of Law 4 Enforcement to a Department of Law Enforcement designated 5 testing facility as directed by the department. 6 (b) For the purpose of this section, the term "any 7 person" shall include both juveniles and adults committed to 8 or under the supervision of the Department of Corrections or 9 the Department of Juvenile Justice or committed to a county 10 jail. 11 (2) The withdrawal of blood for purposes of this 12 section shall be performed in a medically approved manner 13 using a collection kit provided by, or accepted by, the 14 Department of Law Enforcement and only by or under the 15 supervision of a physician, registered nurse, licensed 16 practical nurse, or duly licensed medical personnel, or other 17 trained and competent personnel. The collection of other 18 approved biological specimens shall be performed by any person 19 using a collection kit provided by, or accepted by, the 20 Department of Law Enforcement in a manner approved by the 21 department, as directed in the kit, or as otherwise found to 22 be acceptable by the department. 23 (3) Upon a conviction of any person for any offense 24 under paragraph (1)(a) which results in the commitment of the 25 offender to a county jail, correctional facility, or juvenile 26 facility, the entity responsible for the facility shall assure 27 that the blood specimens or other biological specimens 28 required by this section and approved by the Department of Law 29 Enforcement are promptly secured and transmitted to the 30 Department of Law Enforcement. If the person is not 31 incarcerated following such conviction, the person may not be 33 9:39 AM 04/27/01 s1864c1c-18k0a
SENATE AMENDMENT Bill No. CS for SB's 1864 & 2086 Amendment No. ___ Barcode 595944 1 released from the custody of the court or released pursuant to 2 a bond or surety until the blood specimens or other approved 3 biological specimens required by this section have been taken. 4 The chief judge of each circuit shall, in conjunction with the 5 sheriff or other entity that maintains the county jail, assure 6 implementation of a method to promptly collect required blood 7 specimens or other approved biological specimens and forward 8 the specimens to the Department of Law Enforcement. The 9 Department of Law Enforcement, in conjunction with the 10 sheriff, the courts, the Department of Corrections, and the 11 Department of Juvenile Justice, shall develop a statewide 12 protocol for securing the blood specimens or other approved 13 biological specimens of any person required to provide 14 specimens under this section. Personnel at the jail, 15 correctional facility, or juvenile facility shall implement 16 the protocol as part of the regular processing of offenders. 17 (4) If any blood specimens or other approved 18 biological specimens submitted to the Department of Law 19 Enforcement under this section are found to be unacceptable 20 for analysis and use or cannot be used by the department in 21 the manner required by this section, the Department of Law 22 Enforcement may require that another set of blood specimens or 23 other approved biological specimens be taken as set forth in 24 subsection (11). 25 (5) The Department of Law Enforcement shall provide 26 the specimen vials, mailing tubes, labels, or other 27 appropriate containers and instructions for the collection of 28 blood specimens or other approved biological specimens. The 29 specimens shall thereafter be forwarded to the designated 30 testing facility for analysis to determine genetic markers and 31 characteristics for the purpose of individual identification 34 9:39 AM 04/27/01 s1864c1c-18k0a
SENATE AMENDMENT Bill No. CS for SB's 1864 & 2086 Amendment No. ___ Barcode 595944 1 of the person submitting the sample. 2 (6) In addition to the specimens required to be 3 submitted under this section, the Department of Law 4 Enforcement may receive and utilize other blood specimens or 5 other approved biological specimens. Any The analysis, when 6 completed, shall be entered into the automated database 7 maintained by the Department of Law Enforcement for such 8 purpose, as provided in this section, and shall not be 9 included in the state central criminal justice information 10 repository. 11 (7) The results of a DNA analysis and the comparison 12 of analytic results shall be released only to criminal justice 13 agencies as defined in s. 943.045(10), at the request of the 14 agency. Otherwise, such information is confidential and exempt 15 from the provisions of s. 119.07(1) and s. 24(a), Art. I of 16 the State Constitution. 17 (8) The Department of Law Enforcement and the 18 statewide criminal laboratory analysis system shall establish, 19 implement, and maintain a statewide automated personal 20 identification system capable of, but not limited to, 21 classifying, matching, and storing analyses of DNA 22 (deoxyribonucleic acid) and other biological molecules. The 23 system shall be available to all criminal justice agencies. 24 (9) The Department of Law Enforcement shall: 25 (a) Receive, process, and store blood specimen samples 26 or other approved biological specimen samples and the data 27 derived therefrom furnished pursuant to subsection (1), or 28 pursuant to a requirement of supervision imposed by the court 29 or the Parole Commission with respect to a person convicted of 30 any offense specified in subsection (1), or as specified in 31 subsection (6). 35 9:39 AM 04/27/01 s1864c1c-18k0a
SENATE AMENDMENT Bill No. CS for SB's 1864 & 2086 Amendment No. ___ Barcode 595944 1 (b) Collect, process, maintain, and disseminate 2 information and records pursuant to this section. 3 (c) Strive to maintain or disseminate only accurate 4 and complete records. 5 (d) Adopt rules prescribing the proper procedure for 6 state and local law enforcement and correctional agencies to 7 collect and submit blood specimen samples and other approved 8 biological specimen samples pursuant to this section. 9 (10)(a) The court shall include in the judgment of 10 conviction for an offense specified in this section, or a 11 finding that a person described in subsection (1) violated a 12 condition of probation, community control, or any other 13 court-ordered supervision, an order stating that blood 14 specimens or other approved biological specimens are required 15 to be drawn or collected by the appropriate agency in a manner 16 consistent with this section and, unless the convicted person 17 lacks the ability to pay, the person shall reimburse the 18 appropriate agency for the cost of drawing and transmitting 19 the blood specimens or collecting and transmitting other 20 approved biological specimens to the Florida Department of Law 21 Enforcement. The reimbursement payment may be deducted from 22 any existing balance in the inmate's bank account. If the 23 account balance is insufficient to cover the cost of drawing 24 and transmitting the blood specimens or collecting and 25 transmitting other approved biological specimens to the 26 Florida Department of Law Enforcement, 50 percent of each 27 deposit to the account must be withheld until the total amount 28 owed has been paid. If the judgment places the convicted 29 person on probation, community control, or any other 30 court-ordered supervision, the court shall order the convicted 31 person to submit to the drawing of the blood specimens or the 36 9:39 AM 04/27/01 s1864c1c-18k0a
SENATE AMENDMENT Bill No. CS for SB's 1864 & 2086 Amendment No. ___ Barcode 595944 1 collecting of other approved biological specimens as a 2 condition of the probation, community control, or other 3 court-ordered supervision. For the purposes of a person who is 4 on probation, community control, or any other court-ordered 5 supervision, the collection requirement must be based upon a 6 court order, or as otherwise provided by the person in the 7 absence of a court order. If the judgment sentences the 8 convicted person to time served, the court shall order the 9 convicted person to submit to the drawing of the blood 10 specimens or the collecting of other approved biological 11 specimens as a condition of such sentence. 12 (b) The appropriate agency shall cause the specimens 13 to be drawn or collected as soon as practical after conviction 14 but, in the case of any person ordered to serve a term of 15 incarceration as part of the sentence, the specimen shall be 16 drawn or collected as soon as practical after the receipt of 17 the convicted person by the custodial facility. For the 18 purpose of this section, the appropriate agency shall be the 19 Department of Corrections whenever the convicted person is 20 committed to the legal and physical custody of the department. 21 Conviction information contained in the offender information 22 system of the Department of Corrections shall be sufficient to 23 determine applicability under this section. The appropriate 24 agency shall be the sheriff or officer in charge of the county 25 correctional facility whenever the convicted person is placed 26 on probation, community control, or any other court-ordered 27 supervision or form of supervised release or is committed to 28 the legal and physical custody of a county correctional 29 facility. 30 (c) Any person previously convicted of an offense 31 specified in this section, or a crime which, if committed in 37 9:39 AM 04/27/01 s1864c1c-18k0a
SENATE AMENDMENT Bill No. CS for SB's 1864 & 2086 Amendment No. ___ Barcode 595944 1 this state, would be an offense specified in this section, and 2 who is also subject to the registration requirement imposed by 3 s. 775.13, shall be subject to the collection requirement of 4 this section when the appropriate agency described in this 5 section verifies the identification information of the person. 6 The collection requirement of this section does not apply to a 7 person as described in s. 775.13(5). 8 (d) For the purposes of this section, conviction shall 9 include a finding of guilty, or entry of a plea of nolo 10 contendere or guilty, regardless of adjudication or, in the 11 case of a juvenile, the finding of delinquency. 12 (e) If necessary, the state or local law enforcement 13 or correctional agency having authority over the person 14 subject to the sampling under this section shall assist in the 15 procedure. The law enforcement or correctional officer so 16 assisting may use reasonable force if necessary to require 17 such person to submit to the withdrawal of blood specimens or 18 the collection of other approved biological specimens. Any 19 such The withdrawal or collection shall be performed in a 20 reasonable manner. A hospital, clinical laboratory, medical 21 clinic, or similar medical institution; a physician, certified 22 paramedic, registered nurse, licensed practical nurse, or 23 other personnel authorized by a hospital to draw blood; a 24 licensed clinical laboratory director, supervisor, 25 technologist, or technician; or any other person who assists a 26 law enforcement officer is not civilly or criminally liable as 27 a result of withdrawing blood specimens according to accepted 28 medical standards when requested to do so by a law enforcement 29 officer or any personnel of a jail, correctional facility, or 30 juvenile detention facility, regardless of whether the 31 convicted person resisted the drawing of blood specimens. A 38 9:39 AM 04/27/01 s1864c1c-18k0a
SENATE AMENDMENT Bill No. CS for SB's 1864 & 2086 Amendment No. ___ Barcode 595944 1 person other than the subject required to provide the 2 biological specimens who collects or assists in the collection 3 of approved specimens other than blood is not civilly or 4 criminally liable if a collection kit provided by, or accepted 5 by, the Department of Law Enforcement is utilized and the 6 collection is done in a manner approved by the department, as 7 directed in the kit, or is performed in an otherwise 8 reasonable manner. 9 (f) If a judgment fails to order the convicted person 10 to submit to the drawing of the blood specimens or the 11 collecting of other approved biological specimens as mandated 12 by this section, the state attorney may seek an amended order 13 from the sentencing court mandating the submission of blood 14 specimens or other approved biological specimens in compliance 15 with this section. As an alternative, the department, a state 16 attorney, the Department of Corrections, or any law 17 enforcement agency may seek a court order to secure the blood 18 specimens or other approved biological specimens as authorized 19 in subsection (11). 20 (11) If the Department of Law Enforcement determines 21 that a convicted person who is required to submit blood 22 specimens or other approved biological specimens under this 23 section has not provided the specimens, the department, a 24 state attorney, or any law enforcement agency may apply to the 25 circuit court for an order that authorizes taking the 26 convicted person into custody for the purpose of securing the 27 required specimens. The court shall issue the order upon a 28 showing of probable cause. Following issuance of the order, 29 the convicted person shall be transported to a location 30 acceptable to the agency that has custody of the person, the 31 blood specimens or other approved biological specimens shall 39 9:39 AM 04/27/01 s1864c1c-18k0a
SENATE AMENDMENT Bill No. CS for SB's 1864 & 2086 Amendment No. ___ Barcode 595944 1 be withdrawn or collected in a reasonable manner, and the 2 person shall be released if there is no other reason to 3 justify retaining the person in custody. An agency acting 4 under authority of an order under this section may, in lieu of 5 transporting the convicted person to a collection site, secure 6 the blood specimens or other approved biological specimens at 7 the location of the convicted person in a reasonable manner. 8 If the convicted person resists providing the specimens, 9 reasonable force may be utilized to secure the specimens and 10 any person utilizing such force to secure the specimens or 11 reasonably assisting in the securing of the specimens is not 12 civilly or criminally liable for actions taken. The agency 13 that takes the convicted person into custody may, but is not 14 required to, transport the person back to the location where 15 the person was taken into custody. 16 (12) Unless the convicted person has been declared 17 indigent by the court, the convicted person shall pay the 18 actual costs of collecting the blood specimens or other 19 approved biological specimens required under this section. 20 (13) If a court, a law enforcement agency, or the 21 Department of Law Enforcement fails to strictly comply with 22 this section or to abide by a statewide protocol for 23 collecting blood specimens or other approved biological 24 specimens, such failure is not grounds for challenging the 25 validity of the collection or the use of a specimen, and 26 evidence based upon or derived from the collected blood 27 specimens or other approved biological specimens may not be 28 excluded by a court. 29 Section 7. Subsection (2) of section 760.40, Florida 30 Statutes, is amended to read: 31 760.40 Genetic testing; informed consent; 40 9:39 AM 04/27/01 s1864c1c-18k0a
SENATE AMENDMENT Bill No. CS for SB's 1864 & 2086 Amendment No. ___ Barcode 595944 1 confidentiality.-- 2 (2)(a) Except for purposes of criminal prosecution, 3 except for purposes of determining paternity as provided in s. 4 742.12(1), and except for purposes of acquiring specimens from 5 persons convicted of certain offenses or as otherwise provided 6 in s. 943.325, DNA analysis may be performed only with the 7 informed consent of the person to be tested, and the results 8 of such DNA analysis, whether held by a public or private 9 entity, are the exclusive property of the person tested, are 10 confidential, and may not be disclosed without the consent of 11 the person tested. Such information held by a public entity is 12 exempt from the provisions of s. 119.07(1) and s. 24(a), Art. 13 I of the State Constitution. 14 (b) A person who violates paragraph (a) is guilty of a 15 misdemeanor of the first degree, punishable as provided in s. 16 775.082 or s. 775.083. 17 Section 8. Section 843.167, Florida Statutes, is 18 created to read: 19 843.167 Unlawful use of police communications; 20 enhanced penalties.-- 21 (1) A person may not: 22 (a) Intercept any police radio communication by use of 23 a scanner or any other means for the purpose of using that 24 communication to assist in committing a crime or to escape 25 from or avoid detection, arrest, trial, conviction, or 26 punishment in connection with the commission of such crime. 27 (b) Divulge the existence, contents, substance, 28 purport, effect, or meaning of a police radio communication to 29 any person he or she knows to be a suspect in the commission 30 of a crime with the intent that the suspect may escape from or 31 avoid detention, arrest, trial, conviction, or punishment. 41 9:39 AM 04/27/01 s1864c1c-18k0a
SENATE AMENDMENT Bill No. CS for SB's 1864 & 2086 Amendment No. ___ Barcode 595944 1 (2) Any person who is charged with a crime and who, 2 during the time such crime was committed, possessed or used a 3 police scanner or similar device capable of receiving police 4 radio transmissions is presumed to have violated paragraph 5 (1)(a). 6 (3) The penalty for a crime that is committed by a 7 person who violates paragraph (1)(a) shall be enhanced as 8 follows: 9 (a) A misdemeanor of the second degree shall be 10 punished as if it were a misdemeanor of the first degree. 11 (b) A misdemeanor of the first degree shall be 12 punished as if it were a felony of the third degree. 13 (c) A felony of the third degree shall be punished as 14 if it were a felony of the second degree. 15 (d) A felony of the second degree shall be punished as 16 if it were a felony of the first degree. 17 (e) A felony of the first degree shall be punished as 18 if it were a life felony. 19 (4) Any person who violates paragraph (1)(b) commits a 20 misdemeanor of the first degree, punishable as provided in s. 21 775.082 or s. 775.083. 22 Section 9. Subsection (3) of section 943.053, Florida 23 Statutes, is amended to read: 24 943.053 Dissemination of criminal justice information; 25 fees.-- 26 (3) Criminal history information, including 27 information relating to minors, compiled by the Criminal 28 Justice Information Program from intrastate sources shall be 29 available on a priority basis to criminal justice agencies for 30 criminal justice purposes free of charge and, otherwise, to 31 governmental agencies not qualified as criminal justice 42 9:39 AM 04/27/01 s1864c1c-18k0a
SENATE AMENDMENT Bill No. CS for SB's 1864 & 2086 Amendment No. ___ Barcode 595944 1 agencies on an approximate-cost basis. After providing the 2 program with all known identifying information, persons in the 3 private sector may be provided criminal history information 4 upon tender of fees as established and in the manner 5 prescribed by rule of the Department of Law Enforcement. Such 6 fees shall approximate the actual cost of producing the record 7 information. As used in this subsection, the department's 8 determination of actual cost shall take into account the total 9 cost of creating, storing, maintaining, updating, retrieving, 10 improving, and providing criminal history information in a 11 centralized, automated database, including personnel, 12 technology, and infrastructure expenses. Actual cost shall be 13 computed on a fee-per-record basis, and any access to criminal 14 history information by the private sector as provided in this 15 subsection shall be assessed the per-record fee without regard 16 to the quantity or category of criminal history record 17 information requested. Fees may be waived by the executive 18 director of the Department of Law Enforcement for good cause 19 shown. 20 Section 10. Section 943.0582, Florida Statutes, is 21 created to read: 22 943.0582 Prearrest, postarrest, or teen court 23 diversion program expunction.-- 24 (1) Notwithstanding any law dealing generally with the 25 preservation and destruction of public records, the department 26 may provide, by rule adopted pursuant to chapter 120, for the 27 expunction of any nonjudicial record of the arrest of a minor 28 who has successfully completed a prearrest or postarrest 29 diversion program for minors as authorized by s. 985.3065. 30 (2) As used in this section, the term "expunction" 31 shall have the same meaning and effect as in s. 943.0585, 43 9:39 AM 04/27/01 s1864c1c-18k0a
SENATE AMENDMENT Bill No. CS for SB's 1864 & 2086 Amendment No. ___ Barcode 595944 1 except that: 2 (a) The provisions of s. 943.0585(4)(a) shall not 3 apply, except that the criminal history record of a person 4 whose record is expunged pursuant to this section shall be 5 made available only to criminal justice agencies for the 6 purpose of determining eligibility for prearrest, postarrest 7 or teen court diversion programs, when the record is sought as 8 part of a criminal investigation, or when the subject of the 9 record is a candidate for employment with a criminal justice 10 agency. For all other purposes, a person whose record is 11 expunged pursuant to this section may lawfully deny or fail to 12 acknowledge the arrest or charge covered by the expunged 13 record. 14 (b) Records maintained by local criminal justice 15 agencies in the county in which the arrest occurred that are 16 eligible for expunction pursuant to this section shall be 17 sealed as the term is used in s. 943.059. 18 (3) As used in this section, the term "nonviolent 19 misdemeanor" includes simple assault or battery when prearrest 20 or postarrest diversion expunction is approved in writing by 21 the state attorney for the county in which the arrest 22 occurred. 23 (4) The department shall expunge the nonjudicial 24 arrest record of a minor who has successfully completed a 25 prearrest or postarrest diversion program if that minor: 26 (a) Submits an application for prearrest or postarrest 27 diversion expunction, on a form promulgated by the department, 28 signed by the minor's parent or legal guardian or by the minor 29 if he or she has reached the age of majority at the time of 30 applying. 31 (b) Submits the application for prearrest or 44 9:39 AM 04/27/01 s1864c1c-18k0a
SENATE AMENDMENT Bill No. CS for SB's 1864 & 2086 Amendment No. ___ Barcode 595944 1 postarrest diversion expunction no later than 6 months after 2 completion of the diversion program. 3 (c) Submits to the department, with the application, 4 an official written statement from the state attorney for the 5 county in which the arrest occurred certifying that he or she 6 has successfully completed that county's prearrest or 7 postarrest diversion program and that participation in the 8 program is strictly limited to minors arrested for a 9 nonviolent misdemeanor who have not otherwise been charged 10 with or found to have committed any criminal offense or 11 comparable ordinance violation. 12 (d) Participated in a prearrest or postarrest 13 diversion program that expressly authorizes or permits such 14 expunction to occur. 15 (e) Participated in a prearrest or postarrest 16 diversion program based on an arrest for a nonviolent 17 misdemeanor that would not qualify as an act of "domestic 18 violence" as that term is defined in s. 741.28. 19 (f) Has never, prior to filing the application for 20 expunction, been charged with or been found to have committed 21 any criminal offense or comparable ordinance violation. 22 (5) The department is authorized to charge a $75 23 processing fee for each request received for prearrest or 24 postarrest diversion program expunction, for placement in the 25 Department of Law Enforcement Operating Trust Fund, unless 26 such fee is waived by the executive director. 27 (6) This section shall operate retroactively to permit 28 the expunction of any nonjudicial record of the arrest of a 29 minor who has successfully completed a prearrest or postarrest 30 diversion program on or after July 1, 2000, provided that, in 31 the case of a minor whose completion of the program occurred 45 9:39 AM 04/27/01 s1864c1c-18k0a
SENATE AMENDMENT Bill No. CS for SB's 1864 & 2086 Amendment No. ___ Barcode 595944 1 before the effective date of this act, the application for 2 prearrest or postarrest diversion expunction is submitted no 3 later than 6 months after the effective date of this act. 4 (7) Expunction or sealing granted pursuant to this 5 section shall not preclude the minor who receives such relief 6 from petitioning for the expunction or sealing of a later 7 criminal history record as provided for in ss. 943.0585 and 8 943.059, provided he or she is otherwise eligible under those 9 sections. 10 Section 11. Section 985.3065, Florida Statutes, is 11 amended to read: 12 985.3065 Prearrest or postarrest diversion programs.-- 13 (1) A law enforcement agency or school district, in 14 cooperation with the state attorney, may establish a prearrest 15 or postarrest diversion program. 16 (2) As part of the prearrest or postarrest diversion 17 program, a child who is alleged to have committed a delinquent 18 act may be required to surrender his or her driver's license, 19 or refrain from applying for a driver's license, for not more 20 than 90 days. If the child fails to comply with the 21 requirements of the program, the state attorney may notify the 22 Department of Highway Safety and Motor Vehicles in writing to 23 suspend the child's driver's license for a period that may not 24 exceed 90 days. 25 (3) The prearrest or postarrest diversion program may, 26 upon agreement of the agencies that establish the program, 27 provide for the expunction of the nonjudicial arrest record of 28 a minor who successfully completes such a program pursuant to 29 s. 943.0582. 30 Section 12. This act shall take effect July 1, 2001. 31 46 9:39 AM 04/27/01 s1864c1c-18k0a
SENATE AMENDMENT Bill No. CS for SB's 1864 & 2086 Amendment No. ___ Barcode 595944 1 ================ T I T L E A M E N D M E N T =============== 2 And the title is amended as follows: 3 Delete everything before the enacting clause 4 5 and insert: 6 A bill to be entitled 7 An act relating to law enforcement; amending s. 8 943.031, F.S.; renaming the Florida Violent 9 Crime Council as the Florida Violent Crime and 10 Drug Control Council; revising membership; 11 providing circumstances for additional 12 meetings; prescribing the duties and 13 responsibilities of the Florida Violent Crime 14 and Drug Control Council; providing statutory 15 limits on funding of investigative efforts by 16 the council; authorizing the Victim and Witness 17 Protection Review Committee to conduct meetings 18 by teleconference under certain circumstances; 19 amending s. 943.17, F.S.; conforming a 20 reference; amending s. 943.042, F.S.; renaming 21 the Violent Crime Emergency Account as the 22 Violent Crime Investigative Emergency and Drug 23 Control Strategy Implementation Account; 24 revising provisions relating to use of 25 emergency supplemental funds; clarifying limits 26 on disbursement of funds for certain purposes; 27 requiring the Department of Law Enforcement to 28 adopt rules pertaining to certain 29 investigations; requiring reports by recipient 30 agencies; providing circumstances for 31 limitation or termination of funding or return 47 9:39 AM 04/27/01 s1864c1c-18k0a
SENATE AMENDMENT Bill No. CS for SB's 1864 & 2086 Amendment No. ___ Barcode 595944 1 of funds by recipient agencies; amending s. 2 943.0585, F.S., relating to court-ordered 3 expunction of certain criminal history records; 4 adding sexual offenses that require an offender 5 to register with the state to the list of 6 excluded offenses; amending s. 943.059, F.S., 7 relating to court-ordered sealing of certain 8 criminal history records; adding offenses 9 relating to sexual offenses that require an 10 offender to register with the state to the list 11 of excluded offenses; amending s. 943.325, 12 F.S.; permitting collection of approved 13 biological specimens other than blood for 14 purposes of DNA testing; permitting collection 15 of specimens from certain persons who have 16 never been incarcerated; limiting liability; 17 authorizing use of force to collect specimens 18 under certain circumstances; amending s. 19 760.40, F.S., to conform to changes made by s. 20 943.325, F.S.; creating s. 843.167, F.S.; 21 prohibiting the interception of police 22 communications for certain purposes; 23 prohibiting disclosure of police 24 communications; providing presumptions; 25 providing penalties; amending s. 943.053, F.S.; 26 providing clarification of the manner in which 27 the Department of Law Enforcement determines 28 the actual cost of producing criminal history 29 information; creating s. 943.0582, F.S.; 30 providing for prearrest, postarrest, or teen 31 court diversion program expunction under 48 9:39 AM 04/27/01 s1864c1c-18k0a
SENATE AMENDMENT Bill No. CS for SB's 1864 & 2086 Amendment No. ___ Barcode 595944 1 certain circumstances; providing definitions; 2 providing for retroactive effect; amending s. 3 985.3065, F.S.; providing for postarrest 4 diversion programs; providing for expunction of 5 certain records pursuant to s. 943.0582, F.S.; 6 providing an effective date. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 49 9:39 AM 04/27/01 s1864c1c-18k0a