Senate Bill sb0010Ae1

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    SB 10-A                                        First Engrossed



  1                      A bill to be entitled

  2         An act relating to criminal history records;

  3         amending s. 943.053, F.S.; establishing a

  4         schedule of fees to be collected by the

  5         Department of Law Enforcement for producing

  6         criminal history information; authorizing the

  7         executive director of the department to reduce

  8         such fees for good cause; providing for

  9         construction of the act in pari materia with

10         laws enacted during the Regular Session of the

11         Legislature; amending s. 1012.32, F.S.;

12         requiring both instructional and

13         noninstructional personnel of charter schools

14         to file fingerprints with the school board of

15         the district within which the charter school is

16         located; providing that contractors have the

17         same probationary status as employees;

18         providing duties of the Department of Law

19         Enforcement with respect to retention and

20         search of fingerprint records submitted on

21         behalf of school employees and contractors;

22         providing for fees; providing an effective

23         date.

24  

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

26  

27         Section 1.  Subsection (3) of section 943.053, Florida

28  Statutes, is amended to read:

29         943.053  Dissemination of criminal justice information;

30  fees.--

31  


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    SB 10-A                                        First Engrossed



 1         (3)(a)  Criminal history information, including

 2  information relating to minors, compiled by the Criminal

 3  Justice Information Program from intrastate sources shall be

 4  available on a priority basis to criminal justice agencies for

 5  criminal justice purposes free of charge and, otherwise, to

 6  governmental agencies not qualified as criminal justice

 7  agencies on an approximate-cost basis. After providing the

 8  program with all known identifying information, persons in the

 9  private sector and noncriminal justice agencies may be

10  provided criminal history information upon tender of fees as

11  established in this subsection and in the manner prescribed by

12  rule of the Department of Law Enforcement.  Such fees are to

13  offset shall approximate the actual cost of producing the

14  record information, including. As used in this subsection, the

15  department's determination of actual cost shall take into

16  account the total cost of creating, storing, maintaining,

17  updating, retrieving, improving, and providing criminal

18  history information in a centralized, automated database,

19  including personnel, technology, and infrastructure expenses.

20  Actual cost shall be computed on a fee-per-record basis, and

21  Any access to criminal history information by the private

22  sector or noncriminal justice agencies as provided in this

23  subsection shall be assessed the per-record fee without regard

24  to the quantity or category of criminal history record

25  information requested. Fees may be waived or reduced by the

26  executive director of the Department of Law Enforcement for

27  good cause shown.

28         (b)  The fee per record for criminal history

29  information provided pursuant to this subsection is $24 per

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

31  Department of Children and Family Services, the Department of


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    SB 10-A                                        First Engrossed



 1  Juvenile Justice, and the Department of Elder Affairs shall be

 2  $12 for each name submitted; the fee for a state criminal

 3  history provided for application processing as required by law

 4  to be performed by the Department of Agriculture and Consumer

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

 6  requests under the National Child Protection Act shall be $18

 7  for each volunteer name submitted.  The state offices of the

 8  Public Defender shall not be assessed a fee for Florida

 9  criminal history information or wanted person information.

10         Section 2.  If any law that is amended by this act was

11  also amended by a law enacted at the 2003 Regular Session of

12  the Legislature, such laws shall be construed as if they had

13  been enacted during the same session of the Legislature, and

14  full effect should be given to each if that is possible.

15         Section 3.  Subsection (2) of section 1012.32, Florida

16  Statutes, is amended to read:

17         1012.32  Qualifications of personnel.--

18         (2)(a)  Instructional and noninstructional personnel

19  who are hired to fill positions requiring direct contact with

20  students in any district school system or university lab

21  school shall, upon employment, file a complete set of

22  fingerprints taken by an authorized law enforcement officer or

23  an employee of the school or district who is trained to take

24  fingerprints. Instructional and noninstructional personnel who

25  are hired or contracted to fill positions in any charter

26  school and members of the governing board of any charter

27  school, in compliance with s. 1002.33(12)(g), shall, upon

28  employment, engagement of services, or appointment, file with

29  the district school board for the district in which the

30  charter school is located a complete set of fingerprints taken

31  by an authorized law enforcement officer or an employee of the


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    SB 10-A                                        First Engrossed



 1  school or district who is trained to take fingerprints. These

 2  fingerprints shall be submitted to the Department of Law

 3  Enforcement for state processing and to the Federal Bureau of

 4  Investigation for federal processing. The new employees or

 5  contractors shall be on probationary status pending

 6  fingerprint processing and determination of compliance with

 7  standards of good moral character. Employees or contractors

 8  found through fingerprint processing to have been convicted of

 9  a crime involving moral turpitude shall not be employed or

10  engaged to provide services in any position requiring direct

11  contact with students.  Probationary employees or contractors

12  terminated because of their criminal record shall have the

13  right to appeal such decisions. The cost of the fingerprint

14  processing may be borne by the district school board, the

15  charter school, or the employee, or the contractor.

16         (b)  Personnel who have been fingerprinted or screened

17  pursuant to this subsection and who have not been unemployed

18  or unengaged to provide services in a public or charter school

19  for more than 90 days shall not be required to be

20  refingerprinted or rescreened in order to comply with the

21  requirements of this subsection.

22         (c)  Beginning July 1, 2003, all fingerprints submitted

23  to the Department of Law Enforcement as required by paragraph

24  (a) shall be retained by the Department of Law Enforcement and

25  entered into the statewide automated fingerprint

26  identification system authorized by s. 943.05(2)(b). Such

27  fingerprints shall thereafter be available for all purposes

28  and uses authorized for arrest fingerprint cards entered in

29  the statewide automated fingerprint identification system

30  pursuant to s. 943.051.

31         Section 4.  This act shall take effect July 1, 2003.


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