HB 1549

1	A bill to be entitled
2	An act relating to juvenile records; amending s. 943.051,
3	F.S.; deleting the requirement that a minor who is charged
4	with certain offenses be fingerprinted; amending s.
5	943.053, F.S.; prohibiting the Department of Law
6	Enforcement from releasing any criminal history
7	information relating to minors without the corresponding
8	disposition information; amending s. 985.212, F.S.;
9	limiting the use of certain juvenile records; requiring
10	the clerk of the court to submit disposition information
11	to the Department of Juvenile Justice in certain
12	circumstances; providing an effective date.
13
14	Be It Enacted by the Legislature of the State of Florida:
15
16	Section 1.  Subsection (3) of section 943.051, Florida
17	Statutes, is amended to read:
18	943.051  Criminal justice information; collection and
19	storage; fingerprinting.--
20	(3)(a)  A minor who is charged with or found to have
21	committed an offense that would be a felony if committed by an
22	adult shall be fingerprinted and the fingerprints shall be
23	submitted to the department in the manner prescribed by rule.
24	(b)  A minor who is charged with or found to have committed
25	the following offenses shall be fingerprinted and the
26	fingerprints shall be submitted to the department:
27	1.  Assault, as defined in s. 784.011.
28	2.  Battery, as defined in s. 784.03.
29	3.  Carrying a concealed weapon, as defined in s.
30	790.01(1).
31	4.  Unlawful use of destructive devices or bombs, as
32	defined in s. 790.1615(1).
33	5.  Negligent treatment of children, as defined in s.
34	827.05.
35	6.  Assault or battery on a law enforcement officer, a
36	firefighter, or other specified officers, as defined in s.
37	784.07(2)(a) and (b).
38	7.  Open carrying of a weapon, as defined in s. 790.053.
39	8.  Exposure of sexual organs, as defined in s. 800.03.
40	9.  Unlawful possession of a firearm, as defined in s.
41	790.22(5).
42	10.  Petit theft, as defined in s. 812.014(3).
43	11.  Cruelty to animals, as defined in s. 828.12(1).
44	12.  Arson, as defined in s. 806.031(1).
45	13.  Unlawful possession or discharge of a weapon or
46	firearm at a school-sponsored event or on school property as
47	defined in s. 790.115.
48	Section 2.  Subsection (10) is added to section 943.053,
49	Florida Statutes, to read:
50	943.053  Dissemination of criminal justice information;
51	fees.--
52	(10)  Notwithstanding any other provision of law, the
53	Department of Law Enforcement may not release any criminal
54	history information relating to a minor without the
55	corresponding disposition information.
56	Section 3.  Subsection (1) of section 985.212, Florida
57	Statutes, is amended to read:
58	985.212  Fingerprinting and photographing.--
59	(1)(a)  A child who is charged with or found to have
60	committed an offense that would be a felony if committed by an
61	adult shall be fingerprinted and the fingerprints must be
62	submitted to the Department of Law Enforcement as provided in s.
63	943.051(3)(a).
64	(b)  A child who is charged with or found to have committed
65	one of the following offenses shall be fingerprinted, and the
66	fingerprints shall be submitted to the Department of Law
67	Enforcement as provided in s. 943.051(3)(b):
68	1.  Assault, as defined in s. 784.011.
69	2.  Battery, as defined in s. 784.03.
70	3.  Carrying a concealed weapon, as defined in s.
71	790.01(1).
72	4.  Unlawful use of destructive devices or bombs, as
73	defined in s. 790.1615(1).
74	5.  Negligent treatment of children, as defined in former
75	s. 827.05.
76	6.  Assault on a law enforcement officer, a firefighter, or
77	other specified officers, as defined in s. 784.07(2)(a).
78	7.  Open carrying of a weapon, as defined in s. 790.053.
79	8.  Exposure of sexual organs, as defined in s. 800.03.
80	9.  Unlawful possession of a firearm, as defined in s.
81	790.22(5).
82	10.  Petit theft, as defined in s. 812.014.
83	11.  Cruelty to animals, as defined in s. 828.12(1).
84	12.  Arson, resulting in bodily harm to a firefighter, as
85	defined in s. 806.031(1).
86	13.  Unlawful possession or discharge of a weapon or
87	firearm at a school-sponsored event or on school property as
88	defined in s. 790.115.
89	(c)  A law enforcement agency may fingerprint and
90	photograph a child taken into custody upon probable cause that
91	the such child has committed any other violation of law, as the
92	agency deems appropriate. The Such fingerprint records and
93	photographs shall be retained by the law enforcement agency in a
94	separate file, and these records and all copies thereof must be
95	marked "Juvenile Confidential." These records are not available
96	for public disclosure and inspection under s. 119.07(1) except
97	as provided in ss. 943.053 and 985.04(5), but shall be available
98	to other law enforcement agencies, criminal justice agencies,
99	state attorneys, the courts, the child, the parents or legal
100	custodians of the child, their attorneys, and any other person
101	authorized by the court to have access to the such records. In
102	addition, the such records may be submitted to the Department of
103	Law Enforcement for inclusion in the state criminal history
104	records and used by criminal justice agencies for criminal
105	justice purposes only as provided under paragraphs (a) and (b).
106	These records may, in the discretion of the court, be open to
107	inspection by anyone upon a showing of cause. The fingerprint
108	and photograph records shall be produced in the court whenever
109	directed by the court. Any photograph taken pursuant to this
110	section may be shown by a law enforcement officer to any victim
111	or witness of a crime for the purpose of identifying the person
112	who committed the such crime.
113	(d)(c)  The court shall be responsible for the
114	fingerprinting of any child at the disposition hearing if the
115	child has been adjudicated or had adjudication withheld for any
116	felony in the case currently before the court.
117	(e)  If a child is found to have committed an offense that
118	would be a felony if committed by an adult or one of the
119	offenses listed in paragraph (b), the clerk of the court shall
120	submit the disposition information to the department within 60
121	days after the disposition hearing.
122	Section 4.  This act shall take effect July 1, 2006.

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