Senate Bill sb0010Ae2

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    SB 10-A                                       Second 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; providing an effective date.

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

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

16  Statutes, is amended to read:

17         943.053  Dissemination of criminal justice information;

18  fees.--

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

20  information relating to minors, compiled by the Criminal

21  Justice Information Program from intrastate sources shall be

22  available on a priority basis to criminal justice agencies for

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

24  governmental agencies not qualified as criminal justice

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

26  program with all known identifying information, persons in the

27  private sector and noncriminal justice agencies may be

28  provided criminal history information upon tender of fees as

29  established in this subsection and in the manner prescribed by

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

31  offset shall approximate the actual cost of producing the


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    SB 10-A                                       Second Engrossed



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

 2  department's determination of actual cost shall take into

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

 4  updating, retrieving, improving, and providing criminal

 5  history information in a centralized, automated database,

 6  including personnel, technology, and infrastructure expenses.

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

 8  Any access to criminal history information by the private

 9  sector or noncriminal justice agencies as provided in this

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

11  to the quantity or category of criminal history record

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

13  executive director of the Department of Law Enforcement for

14  good cause shown.

15         (b)  The fee per record for criminal history

16  information provided pursuant to this subsection is $23 per

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

18  Department of Children and Family Services, the Department of

19  Juvenile Justice, and the Department of Elderly Affairs shall

20  be $8 for each name submitted; the fee for a state criminal

21  history provided for application processing as required by law

22  to be performed by the Department of Agriculture and Consumer

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

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

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

26  Public Defender shall not be assessed a fee for Florida

27  criminal history information or wanted person information.

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

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

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

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    SB 10-A                                       Second Engrossed



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

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

 3         Section 3.  This act shall take effect July 1, 2003.

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CODING: Words stricken are deletions; words underlined are additions.