Florida Senate - 2009 SB 76
By Senator Wilson
33-00091-09 200976__
1 A bill to be entitled
2 An act relating to juvenile records; amending s.
3 943.052, F.S.; requiring each clerk of court to submit
4 information concerning juvenile arrest records to the
5 Department of Law Enforcement; amending s. 943.053,
6 F.S.; revising the criteria for disseminating criminal
7 justice information; amending s. 985.04, F.S.;
8 providing for agents of the Department of Juvenile
9 Justice to administer oaths and affirmations;
10 providing confidentiality for certain information;
11 providing for authorized disclosures; providing for an
12 interagency agreement; providing for records
13 retention; providing penalties for violations of
14 disclosure laws; amending s. 985.11, F.S.; requiring
15 that fingerprints and photographs be taken from
16 certain juveniles for use in investigating other
17 violations of law; requiring that the photographs and
18 fingerprints be retained in a separate file; amending
19 ss. 985.045, 1006.08, and 1012.797, F.S., relating to
20 court records and duties of school superintendents
21 concerning charges against students and employees;
22 conforming cross-references; providing an effective
23 date.
24
25 Be It Enacted by the Legislature of the State of Florida:
26
27 Section 1. Subsections (2) and (3) of section 943.052,
28 Florida Statutes, are amended to read:
29 943.052 Disposition reporting.—The Criminal Justice
30 Information Program shall, by rule, establish procedures and a
31 format for each criminal justice agency to monitor its records
32 and submit reports, as provided by this section, to the program.
33 The disposition report shall be developed by the program and
34 shall include the offender-based transaction system number.
35 (2) Each clerk of the court shall submit the uniform
36 dispositions to the program or in a manner acceptable to the
37 program. The report shall be submitted at least once a month
38 and, when acceptable by the program, may be submitted in an
39 automated format. The disposition report is mandatory for all
40 criminal and delinquency dispositions relating to adult
41 offenders only. Beginning July 1, 2009, each clerk of the court
42 shall submit disposition information concerning all juvenile
43 arrest records submitted to the department without disposition
44 information between July 1, 1996, and July 1, 2009 2008, a
45 disposition report for each disposition relating to a minor
46 offender is mandatory.
47 (3)(a) The Department of Corrections shall submit
48 information to the program relating to the receipt or discharge
49 of any person who is sentenced to a state correctional
50 institution.
51 (b) The Department of Juvenile Justice shall submit
52 information to the program relating to the receipt or discharge
53 of any minor who is found to have committed an offense that
54 would be a felony if committed by an adult, or is found to have
55 committed a misdemeanor specified in s. 943.051(3), and is
56 committed to the custody of the Department of Juvenile Justice.
57 Section 2. Subsections (1), (2), (3), and (4) of section
58 943.053, Florida Statutes, are amended to read:
59 943.053 Dissemination of criminal justice information;
60 fees.—
61 (1) The department of Law Enforcement shall disseminate
62 criminal justice information only in accordance with federal and
63 state laws, regulations, and rules.
64 (2) Criminal justice information derived from federal
65 criminal justice information systems or criminal justice
66 information systems of other states may shall not be
67 disseminated in a manner inconsistent with the laws,
68 regulations, or rules of the originating agency.
69 (3)(a) Criminal history information, including information
70 relating to minors, compiled by the Criminal Justice Information
71 Program from intrastate sources for:
72 1. Minors and adults shall be available on a priority basis
73 to criminal justice agencies for criminal justice purposes free
74 of charge.
75 2. Adults may be provided to any person who supplies the
76 program with all known identifying information and tenders fees
77 as established in this subsection and in the manner prescribed
78 by rule of the department.
79 3. Minors who are adjudicated as adults, or who have been
80 found to have committed an offense that would be a felony if
81 committed by an adult, may be provided to any person who
82 supplies After providing the program with all known identifying
83 information, persons in the private sector and tenders
84 noncriminal justice agencies may be provided criminal history
85 information upon tender of fees as established in this
86 subsection and in the manner prescribed by rule of the
87 department of Law Enforcement. Any access to criminal history
88 information by the private sector or noncriminal justice
89 agencies as provided in this subsection shall be assessed
90 without regard to the quantity or category of criminal history
91 record information requested.
92 (b) Fees under this subsection are to offset the cost of
93 producing the record information, including the total cost of
94 creating, storing, maintaining, updating, retrieving, improving,
95 and providing criminal history information in a centralized,
96 automated database, including personnel, technology, and
97 infrastructure expenses.
98 (c)(b) The fee per record for criminal history information
99 provided under pursuant to this subsection and s. 943.0542 is
100 $24 per name submitted, except that the fee for vendors of the
101 Department of Children and Family Services, the Department of
102 Juvenile Justice, and the Department of Elderly Affairs shall be
103 $8 for each name submitted; the fee for a state criminal history
104 provided for application processing as required by law to be
105 performed by the Department of Agriculture and Consumer Services
106 shall be $15 for each name submitted; and the fee for requests
107 under s. 943.0542, which implements the National Child
108 Protection Act, shall be $18 for each volunteer name submitted.
109 The state offices of the Public Defender shall not be assessed a
110 fee for Florida criminal history information or wanted person
111 information.
112 (4) Criminal justice information provided by the department
113 of Law Enforcement shall be used only for the purpose stated in
114 the request.
115 Section 3. Section 985.04, Florida Statutes, is amended to
116 read:
117 (Substantial rewording of section. See
118 s. 985.04, F.S., for present text.)
119 985.04 Oaths; confidentiality of information.—
120 (1) OATHS.—Authorized agents of the department may
121 administer oaths and affirmations.
122 (2) CONFIDENTIALITY.—Except as provided in subsection (3)
123 and ss. 943.053 and 985.11, all information relating to a
124 juvenile which is obtained under this chapter in the discharge
125 of an official duty by any judge, any employee of the court, any
126 authorized agent of the department, the Parole Commission, the
127 Department of Corrections, the juvenile justice circuit boards,
128 any law enforcement agency, or any licensed professional or
129 licensed community agency representative participating in the
130 assessment or treatment of a juvenile is confidential and exempt
131 from the provisions of s. 119.07(1) and s. 24(a), Art. I of the
132 State Constitution. The name, photograph, address, and crime or
133 arrest report of a minor who is adjudicated as an adult or who
134 has been found to have committed an offense that would be a
135 felony if committed by an adult, is not exempt from s. 119.07(1)
136 and s. 24(a), Art. I of the State Constitution.
137 (3) AUTHORIZED DISCLOSURE.—Information relating to
138 juveniles which is authorized for disclosure under this
139 subsection and ss. 943.053 and 985.11 may not be used for any
140 purpose other than that authorized by law.
141 (a) Confidential information described in subsection (2)
142 may be disclosed:
143 1. To, and may be used only for the discharge of an
144 official duty by, authorized personnel of the court, the
145 department and its designees, the Department of Corrections, the
146 Parole Commission, law enforcement agencies, school
147 superintendents and their designees, licensed professional or
148 licensed community agency representatives participating in the
149 assessment or treatment of a juvenile, and others entitled under
150 this chapter to receive that information.
151 2. Upon order of the court.
152 (b) A law enforcement agency may release a copy of the
153 juvenile offense report to the victim of the offense. However,
154 information gained by the victim under this chapter, including
155 the next of kin of a homicide victim, regarding any case handled
156 in juvenile court may not be revealed to any person except to
157 the extent that is reasonably necessary in pursuit of legal
158 remedies.
159 (c) The superintendent of a child's school shall be
160 notified by:
161 1. A law enforcement agency when a child is taken into
162 custody by a law enforcement officer for an offense that would
163 have been a felony if committed by an adult or for committing a
164 crime of violence.
165 2. The state attorney when a child is formally charged with
166 a felony or a delinquent act that would be a felony if committed
167 by an adult. The information obtained by the superintendent
168 under this section must be released within 48 hours after
169 receipt to the principal of the school. The principal must
170 immediately notify the child's immediate classroom teachers.
171 Upon notification, the principal may begin disciplinary actions
172 under s. 1006.09.
173 3. The department when the child is in the care and custody
174 or under the jurisdiction or supervision of the department and
175 has a known history of criminal sexual behavior with other
176 juveniles; is an alleged juvenile sexual offender, as defined in
177 s. 39.01; has pled guilty or nolo contendere to, or has been
178 found to have committed, an offense specified in chapter 794,
179 chapter 796, chapter 800, s. 827.071, or s. 847.0133, regardless
180 of adjudication; or has been placed in a probation or commitment
181 program for any felony offense.
182 (d) Records in the custody of the department regarding
183 children may be inspected only upon order of the secretary of
184 the department or his or her authorized agent by persons who
185 have sufficient reason and upon such conditions for their use
186 and disposition as the secretary or his or her authorized agent
187 considers proper. The information in such records may be
188 disclosed only to other employees of the department who have a
189 need therefor in order to perform their official duties; to
190 other persons as authorized by rule of the department; and, upon
191 request, to the Department of Corrections. The secretary or his
192 or her authorized agent may permit properly qualified persons to
193 inspect and make abstracts from records for statistical purposes
194 under whatever conditions upon their use and disposition the
195 secretary or his or her authorized agent considers proper if
196 adequate assurances are given that children's names and other
197 identifying information will not be disclosed by the applicant.
198 (e) Sealed records under paragraph (5)(a) may be disclosed
199 only for use in meeting the screening requirements for personnel
200 in ss. 402.3055, 435.03, and 435.04; however, current criminal
201 history information must be obtained from the Department of Law
202 Enforcement in accordance with s. 943.053. The information shall
203 be released to those persons specified in this subsection for
204 the purposes of complying with those sections.
205 (4) INTERAGENCY AGREEMENTS.—Within each county, the
206 sheriff, the chiefs of police, the district school
207 superintendent, and the department shall enter into an
208 interagency agreement for the purpose of sharing information, as
209 authorized under subsection (2), concerning juvenile offenders
210 among all organizations. The agreement must specify the
211 conditions under which summary criminal history information is
212 to be made available to appropriate school personnel and the
213 conditions under which school records are to be made available
214 to appropriate department personnel. The agencies entering into
215 the agreement must comply with s. 943.0525 and all applicable
216 state and federal laws and regulations, and must maintain the
217 confidentiality of information that is otherwise exempt from s.
218 119.07(1), as provided by law.
219 (5) RECORD RETENTION.—Records maintained by the department,
220 including copies of records maintained by the court:
221 (a) May not be destroyed by the department for a period of
222 25 years after a child's final referral to the department,
223 unless the child dies, if the records pertain to a child found
224 to have committed a delinquent act that would be a crime
225 specified in s. 435.03 or s. 435.04 if committed by an adult.
226 Such records must be sealed by the court for use only in meeting
227 the screening requirements for personnel in ss. 402.3055,
228 435.03, and 435.04.
229 (b) Other than those subject to paragraph (a), shall be
230 retained by the department until the record is expunged pursuant
231 to chapter 943.
232 (6) PENALTIES.—
233 (a) Any employee of a district school board who knowingly
234 and willfully discloses information received under paragraph
235 (3)(c) to an unauthorized person commits a misdemeanor of the
236 second degree, punishable as provided in s. 775.082 or s.
237 775.083.
238 (b) The court may punish by contempt any person who
239 releases or uses sealed records under paragraph (5)(a) for any
240 purpose not authorized by paragraph (3)(e).
241 Section 4. Section 985.11, Florida Statutes, is amended to
242 read:
243 985.11 Fingerprinting and photographing.—
244 (1)(a) A child who is charged with or found to have
245 committed an offense that would be a felony if committed by an
246 adult shall be fingerprinted and the fingerprints must be
247 submitted to the Department of Law Enforcement as provided in s.
248 943.051(3)(a).
249 (b) A child who is charged with or found to have committed
250 one of the following offenses shall be fingerprinted, and the
251 fingerprints shall be submitted to the Department of Law
252 Enforcement as provided in s. 943.051(3)(b):
253 1. Assault, as defined in s. 784.011.
254 2. Battery, as defined in s. 784.03.
255 3. Carrying a concealed weapon, as defined in s. 790.01(1).
256 4. Unlawful use of destructive devices or bombs, as defined
257 in s. 790.1615(1).
258 5. Negligent treatment of children, as defined in former s.
259 827.05.
260 6. Assault on a law enforcement officer, a firefighter, or
261 other specified officers, as defined in s. 784.07(2)(a).
262 7. Open carrying of a weapon, as defined in s. 790.053.
263 8. Exposure of sexual organs, as defined in s. 800.03.
264 9. Unlawful possession of a firearm, as defined in s.
265 790.22(5).
266 10. Petit theft, as defined in s. 812.014.
267 11. Cruelty to animals, as defined in s. 828.12(1).
268 12. Arson, resulting in bodily harm to a firefighter, as
269 defined in s. 806.031(1).
270 13. Unlawful possession or discharge of a weapon or firearm
271 at a school-sponsored event or on school property as defined in
272 s. 790.115.
273 A law enforcement agency:
274 1. Shall fingerprint a child and submit the fingerprints to
275 the Department of Law Enforcement as required under s.
276 943.051(3).
277 2. May fingerprint and photograph a child taken into
278 custody upon probable cause that such child has committed any
279 other violation of law, other than those specified in s.
280 943.051(3), as the agency deems appropriate. Such fingerprint
281 records may be submitted to the Department of Law Enforcement
282 for inclusion in the state criminal history records and may be
283 used only by criminal justice agencies for criminal justice
284 purposes.
285 (b) Such fingerprint records and photographs of children
286 shall be retained by the law enforcement agency in a separate
287 file, and these records and all copies thereof must be marked
288 “Juvenile Confidential.” These records are not available for
289 public disclosure and inspection under s. 119.07(1) except as
290 provided in ss. 943.053 and 985.04 985.04(2), but shall be made
291 available to other law enforcement agencies, criminal justice
292 agencies, state attorneys, the courts, the child, the parents or
293 legal custodians of the child, their attorneys, and any other
294 person authorized by the court to have access to such records.
295 In addition, such records may be submitted to the Department of
296 Law Enforcement for inclusion in the state criminal history
297 records and used by criminal justice agencies for criminal
298 justice purposes. These records may, in the discretion of the
299 court, be open to inspection by anyone upon a showing of cause.
300 The fingerprint and photograph records shall be produced in the
301 court whenever directed by the court. Any photograph taken
302 pursuant to this section may be shown by a law enforcement
303 officer to any victim or witness of a crime for the purpose of
304 identifying the person who committed such crime.
305 (c) The court shall fingerprint each be responsible for the
306 fingerprinting of any child at the disposition hearing if the
307 child has been adjudicated or had adjudication withheld for any
308 felony in the case currently before the court.
309 (2) If the child is not referred to the court, or if the
310 child is found not to have committed a violation of law, the
311 court may, after notice to the law enforcement agency involved,
312 order the originals and copies of the fingerprints and
313 photographs destroyed. Unless otherwise ordered by the court, if
314 the child is found to have committed an offense which would be a
315 felony if it had been committed by an adult, then the law
316 enforcement agency having custody of the fingerprint and
317 photograph records shall retain the originals and immediately
318 thereafter forward adequate duplicate copies to the court along
319 with the written offense report relating to the matter for which
320 the child was taken into custody. Except as otherwise provided
321 by this subsection, the clerk of the court, after the
322 disposition hearing on the case, shall forward duplicate copies
323 of the fingerprints and photographs, together with the child's
324 name, address, date of birth, age, and sex, to:
325 (a) The sheriff of the county in which the child was taken
326 into custody, in order to maintain a central child
327 identification file in that county.
328 (b) The law enforcement agency of each municipality having
329 a population in excess of 50,000 persons and located in the
330 county of arrest, if so requested specifically or by a general
331 request by that agency.
332 (3) This section does not prohibit the fingerprinting or
333 photographing of child traffic violators. All records of such
334 traffic violations shall be kept in the full name of the
335 violator and are shall be open to inspection and publication in
336 the same manner as adult traffic violations. This section does
337 not apply to the photographing of children by the department of
338 Juvenile Justice or the Department of Children and Family
339 Services.
340 Section 5. Subsection (2) of section 985.045, Florida
341 Statutes, is amended to read:
342 985.045 Court records.—
343 (2) The clerk shall keep all official records required by
344 this section separate from other records of the circuit court,
345 except those records pertaining to motor vehicle violations,
346 which shall be forwarded to the Department of Highway Safety and
347 Motor Vehicles. Except as provided in ss. 943.053 and 985.04
348 985.04(6)(b) and (7), official records required by this chapter
349 are not open to inspection by the public, but may be inspected
350 only upon order of the court by persons deemed by the court to
351 have a proper interest therein, except that a child and the
352 parents, guardians, or legal custodians of the child and their
353 attorneys, law enforcement agencies, the Department of Juvenile
354 Justice and its designees, the Parole Commission, the Department
355 of Corrections, and the Justice Administrative Commission shall
356 always have the right to inspect and copy any official record
357 pertaining to the child. The court may permit authorized
358 representatives of recognized organizations compiling statistics
359 for proper purposes to inspect, and make abstracts from,
360 official records under whatever conditions upon the use and
361 disposition of such records the court may deem proper and may
362 punish by contempt proceedings any violation of those
363 conditions.
364 Section 6. Subsection (2) of section 1006.08, Florida
365 Statutes, is amended to read:
366 1006.08 District school superintendent duties relating to
367 student discipline and school safety.—
368 (2) Notwithstanding s. 985.04 the provisions of s.
369 985.04(7) or any other provision of law to the contrary, the
370 court shall, within 48 hours of the finding, notify the
371 appropriate district school superintendent of the name and
372 address of any student found to have committed a delinquent act,
373 or who has had adjudication of a delinquent act withheld which,
374 if committed by an adult, would be a felony, or the name and
375 address of any student found guilty of a felony. The
376 notification must shall include the specific delinquent act
377 found to have been committed or for which adjudication was
378 withheld, or the specific felony for which the student was found
379 guilty.
380 Section 7. Subsection (1) of section 1012.797, Florida
381 Statutes, is amended to read:
382 1012.797 Notification of district school superintendent of
383 certain charges against or convictions of employees.—
384 (1) Notwithstanding s. 985.04 the provisions of s.
385 985.04(7) or any other provision of law to the contrary, a law
386 enforcement agency shall, within 48 hours, notify the
387 appropriate district school superintendent of the name and
388 address of any employee of the school district who is charged
389 with a felony or with a misdemeanor involving the abuse of a
390 minor child or the sale or possession of a controlled substance.
391 The notification must shall include the specific charge for
392 which the employee of the school district was arrested. The Such
393 notification shall include other education providers such as the
394 Florida School for the Deaf and the Blind, university lab
395 schools, and private elementary and secondary schools.
396 Section 8. This act shall take effect July 1, 2009.