| 1 | A bill to be entitled | 
| 2 | An act relating to the Department of Law Enforcement; | 
| 3 | amending s. 943.05, F.S.; providing that if fingerprints | 
| 4 | submitted to the Department of Law Enforcement for | 
| 5 | background screening are identified with the fingerprints | 
| 6 | of a person having a criminal history record, the | 
| 7 | department may make the fingerprints available for all | 
| 8 | purposes and uses authorized for arrest fingerprint cards; | 
| 9 | amending s. 943.053, F.S.; clarifying provisions relating | 
| 10 | to the fees charged for requests for criminal history | 
| 11 | information; amending s. 943.0542, F.S.; authorizing a | 
| 12 | qualified entity requesting screening information | 
| 13 | concerning an employee or volunteer, or a person applying | 
| 14 | to be an employee or volunteer, to submit the request | 
| 15 | electronically; requiring the qualified entity to maintain | 
| 16 | a signed waiver allowing the release of the state and | 
| 17 | national criminal history record information to the | 
| 18 | qualified entity; revising provisions relating to the fees | 
| 19 | for such screenings; amending s. 943.0581, F.S.; revising | 
| 20 | the information to be included in an application for an | 
| 21 | administrative expunction of any nonjudicial record of an | 
| 22 | arrest of a minor or an adult made contrary to law or by | 
| 23 | mistake; permitting specified officials to make an | 
| 24 | application for an administrative expunction; amending s. | 
| 25 | 943.06, F.S.; adding the Secretary of Children and Family | 
| 26 | Services, or the secretary's designated assistant, to the | 
| 27 | Criminal and Juvenile Justice Information Systems Council; | 
| 28 | amending s. 943.08, F.S.; revising the duties of the | 
| 29 | Criminal and Juvenile Justice Information Systems Council; | 
| 30 | amending s. 943.081, F.S.; specifying and clarifying the | 
| 31 | principles adopted by the Criminal and Juvenile Justice | 
| 32 | Information Systems Council as the guiding principles for | 
| 33 | the management of public safety system information | 
| 34 | technology resources; authorizing creation of a citizen | 
| 35 | support organization for Florida Missing Children's Day by | 
| 36 | the Department of Law Enforcement to provide assistance, | 
| 37 | funding, and promotional support for activities authorized | 
| 38 | for that day; providing for duties and functions of the | 
| 39 | support organization; authorizing the department to fix | 
| 40 | and collect charges for the rental of facilities and | 
| 41 | properties managed by the department and providing for | 
| 42 | deposit and use of moneys collected; providing that the | 
| 43 | support organization is not a lobbyist; providing for the | 
| 44 | use and management of department property; providing for | 
| 45 | an annual audit; providing an effective date. | 
| 46 | 
 | 
| 47 | Be It Enacted by the Legislature of the State of Florida: | 
| 48 | 
 | 
| 49 | Section 1.  Subsection (3) is added to section 943.05, | 
| 50 | Florida Statutes, to read: | 
| 51 | 943.05  Criminal Justice Information Program; duties; crime | 
| 52 | reports.-- | 
| 53 | (3)  If fingerprints submitted to the department for | 
| 54 | background screening, whether retained or not, are identified | 
| 55 | with the fingerprints of a person having a criminal history | 
| 56 | record, such fingerprints may thereafter be available for all | 
| 57 | purposes and uses authorized for arrest fingerprint cards, | 
| 58 | including, but not limited to, entry into the statewide | 
| 59 | automated fingerprint identification system to augment or | 
| 60 | replace the fingerprints that identify the criminal history | 
| 61 | record. | 
| 62 | Section 2.  Paragraph (b) of subsection (3) of section | 
| 63 | 943.053, Florida Statutes, is amended to read: | 
| 64 | 943.053  Dissemination of criminal justice information; | 
| 65 | fees.-- | 
| 66 | (3) | 
| 67 | (b)  The fee per record for criminal history information | 
| 68 | provided pursuant to this subsection and s. 943.0542 is $23 per | 
| 69 | name submitted, except that the fee for vendors of the | 
| 70 | Department of Children and Family Services, the Department of | 
| 71 | Juvenile Justice, and the Department of Elderly Affairs shall be | 
| 72 | $8 for each name submitted; the fee for a state criminal history | 
| 73 | provided for application processing as required by law to be | 
| 74 | performed by the Department of Agriculture and Consumer Services | 
| 75 | shall be $15 for each name submitted; and the fee for requests | 
| 76 | under s. 943.0542, which implements the National Child | 
| 77 | Protection Act, shall be $18 for each volunteer name submitted. | 
| 78 | The state offices of the Public Defender shall not be assessed a | 
| 79 | fee for Florida criminal history information or wanted person | 
| 80 | information. | 
| 81 | Section 3.  Paragraphs (b) and (c) of subsection (2) of | 
| 82 | section 943.0542, Florida Statutes, are amended to read: | 
| 83 | 943.0542  Access to criminal history information provided | 
| 84 | by the department to qualified entities.-- | 
| 85 | (2) | 
| 86 | (b)  A qualified entity shall submit to the department a | 
| 87 | request for screening an employee or volunteer or person | 
| 88 | applying to be an employee or volunteer on a completed | 
| 89 | fingerprint card, or the request may be submitted | 
| 90 | electronically. The qualified entity must maintain , witha | 
| 91 | signed waiver allowing the release of the state and national | 
| 92 | criminal history record information to the qualified entity. | 
| 93 | (c)  Each such request must be accompanied by a fee for a | 
| 94 | statewide criminal history check by the department established | 
| 95 | by , which shall approximate the actual cost of producing the  | 
| 96 | record information, as provided ins. 943.053, plus the amount | 
| 97 | currently prescribed requiredby the Federal Bureau of | 
| 98 | Investigation for the national criminal history check in | 
| 99 | compliance with the National Child Protection Act of 1993, as | 
| 100 | amended. | 
| 101 | Section 4.  Section 943.0581, Florida Statutes, is amended | 
| 102 | to read: | 
| 103 | 943.0581  Administrative expunction.-- | 
| 104 | (1)  Notwithstanding any law dealing generally with the | 
| 105 | preservation and destruction of public records, the department | 
| 106 | may adopt a provide, byruleadoptedpursuant to chapter 120,  | 
| 107 | for the administrative expunction of any nonjudicial record of | 
| 108 | an arrest of a minor or an adult made contrary to law or by | 
| 109 | mistake. | 
| 110 | (2)  A law enforcement agency shall apply to the department | 
| 111 | in the manner prescribed by rule for the administrative | 
| 112 | expunction of any nonjudicial record of any arrest of a minor or | 
| 113 | an adult who is subsequently determined by the agency, at its | 
| 114 | discretion, or by the final order of a court of competent | 
| 115 | jurisdiction, to have been arrested contrary to law or by | 
| 116 | mistake. | 
| 117 | (3)  An adult or, in the case of a minor child, the parent | 
| 118 | or legal guardian of the minor child, may apply to the | 
| 119 | department in the manner prescribed by rule for the | 
| 120 | administrative expunction of any nonjudicial record of an arrest | 
| 121 | alleged to have been made contrary to law or by mistake, | 
| 122 | provided that the application is supported by the endorsement of | 
| 123 | the head of the arresting agency or his or her designee or the | 
| 124 | state attorney of the judicial circuit in which the arrest | 
| 125 | occurred or his or her designee. | 
| 126 | (4)  An application for administrative expunction shall | 
| 127 | include an affidavit executed by the chief of the law  | 
| 128 | enforcement agency, sheriff, or department head of the state law  | 
| 129 | enforcement agency in which the affiant verifies that he or she  | 
| 130 | has reviewed the record of the arrest and that the arrest was  | 
| 131 | contrary to law or was a mistake. The affidavit shall include  | 
| 132 | the date and time of the arrest, the name of the arresting  | 
| 133 | officer,the name of the person arrested, the offender-based | 
| 134 | tracking system (OBTS) number, and the crime or crimes charged. | 
| 135 | The application shall be on the submitting agency's letterhead | 
| 136 | and shall be signed by the head of the submitting agency or his | 
| 137 | or her designee. | 
| 138 | (5)  If the person was arrested on a warrant, capias, or | 
| 139 | pick-up order, a request for an administrative expunction may be | 
| 140 | made by the sheriff of the county in which the warrant, capias, | 
| 141 | or pick-up order was issued or his or her designee or by the | 
| 142 | state attorney of the judicial circuit in which the warrant, | 
| 143 | capias, or pick-up order was issued or his or her designee. | 
| 144 | (6) (5)AnNoapplication or,endorsement, or affidavit  | 
| 145 | madeunder this section is notshall beadmissible as evidence | 
| 146 | in any judicial or administrative proceeding or otherwise be | 
| 147 | construed in any way as an admission of liability in connection | 
| 148 | with an arrest. | 
| 149 | Section 5.  Subsection (1) of section 943.06, Florida | 
| 150 | Statutes, is amended to read: | 
| 151 | 943.06  Criminal and Juvenile Justice Information Systems | 
| 152 | Council.--There is created a Criminal and Juvenile Justice | 
| 153 | Information Systems Council within the department. | 
| 154 | (1)  The council shall be composed of 15 14members, | 
| 155 | consisting of the Attorney General or a designated assistant; | 
| 156 | the executive director of the Department of Law Enforcement or a | 
| 157 | designated assistant; the secretary of the Department of | 
| 158 | Corrections or a designated assistant; the chair of the Parole | 
| 159 | Commission or a designated assistant; the Secretary of Juvenile | 
| 160 | Justice or a designated assistant; the executive director of the | 
| 161 | Department of Highway Safety and Motor Vehicles or a designated | 
| 162 | assistant; the Secretary of Children and Family Services or a | 
| 163 | designated assistant; the State Courts Administrator or a | 
| 164 | designated assistant; 1 public defender appointed by the Florida | 
| 165 | Public Defender Association, Inc.; 1 state attorney appointed by | 
| 166 | the Florida Prosecuting Attorneys Association, Inc.; and 5 | 
| 167 | members, to be appointed by the Governor, consisting of 2 | 
| 168 | sheriffs, 2 police chiefs, and 1 clerk of the circuit court. | 
| 169 | Section 6.  Section 943.08, Florida Statutes, is amended to | 
| 170 | read: | 
| 171 | (Substantial rewording of section. See s. | 
| 172 | 943.08, F.S., for present text.) | 
| 173 | 943.08  Duties; Criminal and Juvenile Justice Information | 
| 174 | Systems Council.-- | 
| 175 | (1)  The council shall facilitate the identification, | 
| 176 | standardization, sharing, and coordination of criminal and | 
| 177 | juvenile justice data and other public safety system data among | 
| 178 | federal, state, and local agencies. | 
| 179 | (2)  The council shall adopt uniform information-exchange | 
| 180 | standards, methodologies, and best practices, applying national | 
| 181 | standards and models when appropriate, in order to guide local | 
| 182 | and state criminal justice agencies when procuring, | 
| 183 | implementing, or modifying information systems. | 
| 184 | (3)  The council shall provide statewide oversight and | 
| 185 | support the development of plans and policies relating to public | 
| 186 | safety information systems in order to facilitate the effective | 
| 187 | identification, standardization, access, sharing, integrating, | 
| 188 | and coordinating of criminal and juvenile justice data among | 
| 189 | federal, state, and local agencies. The council shall make | 
| 190 | recommendations addressing each of the following: | 
| 191 | (a)  Privacy of data. | 
| 192 | (b)  Security of systems. | 
| 193 | (c)  Functional and information-sharing standards. | 
| 194 | (d)  Accuracy, timeliness, and completeness of data. | 
| 195 | (e)  Access to data and systems. | 
| 196 | (f)  Transmission of data and information. | 
| 197 | (g)  Dissemination of information. | 
| 198 | (h)  Training. | 
| 199 | (i)  Other areas that effect the sharing of criminal and | 
| 200 | juvenile justice information and other public safety system | 
| 201 | information. | 
| 202 | (4)  The council shall provide oversight to the operation | 
| 203 | of the Criminal Justice Network (CJNet) for which the department | 
| 204 | shall serve as custodial manager pursuant to s. 943.0544. | 
| 205 | Criminal justice agencies participating in the Criminal Justice | 
| 206 | Network shall adhere to CJNet standards and policies. | 
| 207 | Section 7.  Section 943.081, Florida Statutes, is amended | 
| 208 | to read: | 
| 209 | 943.081  Public safety system information technology | 
| 210 | resources; guiding principles.--The following guiding principles | 
| 211 | adopted by the Criminal and Juvenile Justice Information Systems | 
| 212 | Council are hereby adopted as guiding principles for the | 
| 213 | management of public safety system information technology | 
| 214 | resources: | 
| 215 | (1)  Cooperative planning by public safety system entities | 
| 216 | is a prerequisite for the effective development of systems to | 
| 217 | enable sharing of data. | 
| 218 | (2)  The planning process, as well as coordination of | 
| 219 | development efforts, should identify and include all principals | 
| 220 | from the outset. | 
| 221 | (3)  Public safety system entities should be committed to | 
| 222 | maximizing information sharing and moving away from proprietary | 
| 223 | positions taken relative to data they capture and maintain. | 
| 224 | (4)  Public safety system entities should maximize public | 
| 225 | access to data and, in so doing, should specifically implement | 
| 226 | guidelines and practices that address while complying with  | 
| 227 | legitimatesecurity, privacy, and confidentialityrequirements. | 
| 228 | (5)  Public safety system entities should strive for | 
| 229 | electronic sharing of information via networks versus a reliance  | 
| 230 | on magnetic and other media. | 
| 231 | (6)  The practice by public safety system entities of | 
| 232 | charging each other for data should, insofar as possible, be | 
| 233 | eliminated. Further, when the capture of data for mutual benefit | 
| 234 | can be accomplished, the costs for the development, capture, and | 
| 235 | network for access to that data should be shared. | 
| 236 | (7)  The redundant capture of data should, insofar as | 
| 237 | possible, be eliminated. Redundant capture of data should be | 
| 238 | discouraged unless there is a specific business need for it. | 
| 239 | (8)  Public safety systems should adhere to information- | 
| 240 | exchange standards approved by the council. | 
| 241 | (9)  The council should adopt where possible applicable | 
| 242 | national standards for data exchange. | 
| 243 | (8)  With respect to statewide databases: | 
| 244 | (a)  Only data that can best be compiled, preserved, and  | 
| 245 | shared through a central database should be captured at the  | 
| 246 | state level. | 
| 247 | (b)  Remote access to distributed databases should be  | 
| 248 | considered and provided for, instead of central repositories. | 
| 249 | (c)  Statistical data that may be required infrequently or  | 
| 250 | on a one-time basis should be captured via sampling or other  | 
| 251 | methods. | 
| 252 | (d)  Only data that are auditable, or that otherwise can be  | 
| 253 | determined to be accurate, valid, and reliable should be  | 
| 254 | maintained. | 
| 255 | (9)  Methods of sharing data among different protocols must  | 
| 256 | be developed without requiring major redesign or replacement of  | 
| 257 | individual systems. | 
| 258 | Section 8.  Citizen support organization for Florida | 
| 259 | Missing Children's Day.-- | 
| 260 | (1)  The Department of Law Enforcement may establish a | 
| 261 | citizen support organization to provide assistance, funding, and | 
| 262 | promotional support for activities authorized for Florida | 
| 263 | Missing Children's Day under s. 683.23, Florida Statutes. | 
| 264 | (2)  As used in this section, the term "citizen support | 
| 265 | organization" means an organization that is: | 
| 266 | (a)  A Florida corporation not for profit incorporated | 
| 267 | under chapter 617, Florida Statutes, and approved by the | 
| 268 | Department of State. | 
| 269 | (b)  Organized and operated to conduct programs and | 
| 270 | activities; raise funds; request and receive grants, gifts, and | 
| 271 | bequests of money; acquire, receive, hold, invest, and | 
| 272 | administer, in its own name, securities, funds, objects of | 
| 273 | value, or other property, either real or personal; and make | 
| 274 | expenditures to or for the direct or indirect benefit of the | 
| 275 | department in furtherance of Florida Missing Children's Day. | 
| 276 | (3)  The citizen support organization is not a registered | 
| 277 | lobbyist within the meaning of s. 11.045, Florida Statutes. | 
| 278 | (4)  The citizen support organization is specifically | 
| 279 | authorized to collect and expend funds to be used for awards; | 
| 280 | public awareness and awards ceremonies, workshops, and other | 
| 281 | meetings, including distribution materials for public education | 
| 282 | and awareness; travel; Internet and web-hosting services; | 
| 283 | administrative costs, including personnel costs; costs of | 
| 284 | audits; and costs of facilities rental. | 
| 285 | (5)  The activities of the citizen support organization | 
| 286 | must be determined by the department to be consistent with the | 
| 287 | goals and mission of the department and in the best interests of | 
| 288 | the state and approved in writing by the department to operate | 
| 289 | for the direct or indirect benefit of the department. The | 
| 290 | approval shall be given in a letter of agreement from the | 
| 291 | department. | 
| 292 | (6)(a)  The department may fix and collect charges for the | 
| 293 | rental of facilities and properties managed by the department | 
| 294 | and may permit, without charge, appropriate use of | 
| 295 | administrative services, property, and facilities of the | 
| 296 | department by the citizen support organization, subject to this | 
| 297 | section. The use must be directly in keeping with the approved | 
| 298 | purposes of the citizen support organization and may not be made | 
| 299 | at times or places that would unreasonably interfere with | 
| 300 | opportunities for the public to use such facilities for | 
| 301 | established purposes. Any money received from rentals of | 
| 302 | facilities and properties managed by the department may be held | 
| 303 | in the Operating Trust Fund of the department or in a separate | 
| 304 | depository account in the name of the citizen support | 
| 305 | organization and subject to the provisions of the letter of | 
| 306 | agreement with the department. The letter of agreement must | 
| 307 | provide that any funds held in the separate depository account | 
| 308 | in the name of the citizen support organization must revert to | 
| 309 | the department if the citizen support organization is no longer | 
| 310 | approved by the department to operate in the best interests of | 
| 311 | the state. | 
| 312 | (b)  The department may adopt rules with which a citizen | 
| 313 | support organization must comply in order to use department | 
| 314 | administrative services, property, or facilities. | 
| 315 | (c)  The department may not permit the use of any | 
| 316 | administrative services, property, or facilities of the state by | 
| 317 | a citizen support organization that does not provide equal | 
| 318 | membership and employment opportunities to all persons | 
| 319 | regardless of race, color, religion, gender, age, or national | 
| 320 | origin. | 
| 321 | (7)  The citizen support organization shall provide for an | 
| 322 | independent annual financial audit in accordance with s. | 
| 323 | 215.981, Florida Statutes. Copies of the audit shall be provided | 
| 324 | to the department, the Office of Policy and Budget in the | 
| 325 | Executive Office of the Governor, and the Florida Cabinet. | 
| 326 | Section 9.  This act shall take effect July 1, 2008. |