CS/HB 951

1
A bill to be entitled
2An act relating to public safety; amending s. 790.065,
3F.S.; requiring certain reports to be submitted in an
4automated format; deleting provisions relating to
5automatic deletion of mental health records under
6specified conditions from the Department of Law
7Enforcement's database of such records kept for purposes
8of sale and delivery of firearms and substituting a
9procedure for petition to obtain judicial relief from
10firearm disabilities and, upon obtaining such relief, the
11removal of the individual mental health records from the
12department's database; amending s. 943.05, F.S.; revising
13provisions relating to the Criminal Justice Information
14Program under the Department of Law Enforcement;
15authorizing agencies to request the retention of certain
16fingerprints by the department; providing for rulemaking
17to require employers to keep the agencies informed of any
18change in the affiliation, employment, or contractual
19status of each person whose fingerprints are retained in
20certain circumstances; providing departmental duties upon
21notification that a federal fingerprint retention program
22is in effect; amending s. 943.053, F.S.; removing obsolete
23references relating to the dissemination of criminal
24justice information; amending s. 943.12, F.S.; requiring
25the Criminal Justice Standards and Training Commission to
26adopt rules relating to the maintenance of officers who
27engage in those specialized areas found to present a high
28risk of harm to the officer or the public at large;
29requiring the commission to adopt rules requiring the
30demonstration of proficiency in firearms for all law
31enforcement officers; amending s. 943.131, F.S.; revising
32provisions relating to exemptions from completing a
33commission-approved basic recruit training program;
34amending s. 943.1395, F.S.; revising provisions relating
35to qualifications for certified law enforcement officers
36separated from employment for more than a certain period
37of time; amending s. 943.17, F.S.; deleting a requirement
38that correctional probation officers pass a specified
39basic skills examination and assessment instrument before
40entrance into the basic recruit training program; amending
41s. 943.32, F.S.; deleting state funding eligibility for a
42locally funded crime laboratory in Monroe County;
43providing an effective date.
44
45Be It Enacted by the Legislature of the State of Florida:
46
47     Section 1.  Paragraph (a) of subsection (2) of section
48790.065, Florida Statutes, is amended to read:
49     790.065  Sale and delivery of firearms.-
50     (2)  Upon receipt of a request for a criminal history
51record check, the Department of Law Enforcement shall, during
52the licensee's call or by return call, forthwith:
53     (a)  Review any records available to determine if the
54potential buyer or transferee:
55     1.  Has been convicted of a felony and is prohibited from
56receipt or possession of a firearm pursuant to s. 790.23;
57     2.  Has been convicted of a misdemeanor crime of domestic
58violence, and therefore is prohibited from purchasing a firearm;
59     3.  Has had adjudication of guilt withheld or imposition of
60sentence suspended on any felony or misdemeanor crime of
61domestic violence unless 3 years have elapsed since probation or
62any other conditions set by the court have been fulfilled or
63expunction has occurred; or
64     4.  Has been adjudicated mentally defective or has been
65committed to a mental institution by a court and as a result is
66prohibited by federal law from purchasing a firearm.
67     a.  As used in this subparagraph, "adjudicated mentally
68defective" means a determination by a court that a person, as a
69result of marked subnormal intelligence, or mental illness,
70incompetency, condition, or disease, is a danger to himself or
71herself or to others or lacks the mental capacity to contract or
72manage his or her own affairs. The phrase includes a judicial
73finding of incapacity under s. 744.331(6)(a), an acquittal by
74reason of insanity of a person charged with a criminal offense,
75and a judicial finding that a criminal defendant is not
76competent to stand trial.
77     b.  As used in this subparagraph, "committed to a mental
78institution" means involuntary commitment, commitment for mental
79defectiveness or mental illness, and commitment for substance
80abuse. The phrase includes involuntary inpatient placement as
81defined in s. 394.467, involuntary outpatient placement as
82defined in s. 394.4655, involuntary assessment and stabilization
83under s. 397.6818, and involuntary substance abuse treatment
84under s. 397.6957, but does not include a person in a mental
85institution for observation or discharged from a mental
86institution based upon the initial review by the physician or a
87voluntary admission to a mental institution.
88     c.  In order to check for these conditions, the department
89shall compile and maintain an automated database of persons who
90are prohibited from purchasing a firearm based on court records
91of adjudications of mental defectiveness or commitments to
92mental institutions. Clerks of court shall submit these records
93to the department within 1 month after the rendition of the
94adjudication or commitment. Reports shall may be submitted in an
95automated format. The reports must, at a minimum, include the
96name, along with any known alias or former name, the sex, and
97the date of birth of the subject. The department shall delete
98any mental health record from the database upon request of an
99individual when 5 years have elapsed since the individual's
100restoration to capacity by court order after being adjudicated
101an incapacitated person under s. 744.331, or similar laws of any
102other state; or, in the case of an individual who was previously
103committed to a mental institution under chapter 394, or similar
104laws of any other state, when the individual produces a
105certificate from a licensed psychiatrist that he or she has not
106suffered from disability for at least 5 years prior to the date
107of request for removal of the record. When the department has
108received a subsequent record of an adjudication of mental
109defectiveness or commitment to a mental institution for such
110individual, the 5-year timeframe shall be calculated from the
111most recent adjudication of incapacitation or commitment.
112     d.  A person who has been adjudicated mentally defective or
113committed to a mental institution, as those terms are defined in
114this paragraph, may petition the circuit court that made the
115adjudication or commitment for relief from the firearm
116disabilities imposed by such adjudication or commitment. A copy
117of the petition shall be served on the state attorney for the
118county in which the person was adjudicated or committed. The
119state attorney may object to and present evidence relevant to
120the relief sought by the petition. The hearing on the petition
121may be open or closed as the petitioner may choose. The
122petitioner may present evidence and subpoena witnesses to appear
123at the hearing on the petition. The petitioner may confront and
124cross-examine witnesses called by the state attorney. A record
125of the hearing shall be made by a certified court reporter or by
126court-approved electronic means. The court shall make written
127findings of fact and conclusions of law on the issues before it
128and issue a final order. The court shall grant the relief
129requested in the petition if the court finds, based on the
130evidence presented with respect to the petitioner's reputation,
131the petitioner's mental health record and, if applicable,
132criminal history record, the circumstances surrounding the
133firearm disability, and any other evidence in the record, that
134the petitioner will not be likely to act in a manner that is
135dangerous to public safety and that granting the relief would
136not be contrary to the public interest. If the final order
137denies relief, the petitioner may not petition again for relief
138from firearm disabilities until 1 year after the date of the
139final order. The petitioner may seek judicial review of a final
140order denying relief in the district court of appeal having
141jurisdiction over the court that issued the order. The review
142shall be conducted de novo. Relief from a firearm disability
143granted under this sub-subparagraph has no effect on the loss of
144civil rights, including firearm rights, for any reason other
145than the particular adjudication of mental defectiveness or
146commitment to a mental institution from which relief is granted.
147     e.  Upon receipt of proper notice of relief from firearm
148disabilities granted under sub-subparagraph d., the department
149shall delete any mental health record of the person granted
150relief from the automated database of persons who are prohibited
151from purchasing a firearm based on court records of
152adjudications of mental defectiveness or commitments to mental
153institutions.
154     f.d.  The department is authorized to disclose the
155collected data to agencies of the Federal Government and other
156states for use exclusively in determining the lawfulness of a
157firearm sale or transfer. The department is also authorized to
158disclose any collected data to the Department of Agriculture and
159Consumer Services for purposes of determining eligibility for
160issuance of a concealed weapons or concealed firearms license
161and for determining whether a basis exists for revoking or
162suspending a previously issued license pursuant to s.
163790.06(10). When a potential buyer or transferee appeals a
164nonapproval based on these records, the clerks of court and
165mental institutions shall, upon request by the department,
166provide information to help determine whether the potential
167buyer or transferee is the same person as the subject of the
168record. Photographs and any other data that could confirm or
169negate identity must be made available to the department for
170such purposes, notwithstanding any other provision of state law
171to the contrary. Any such information that is made confidential
172or exempt from disclosure by law shall retain such confidential
173or exempt status when transferred to the department.
174     Section 2.  Paragraphs (g) and (h) of subsection (2) of
175section 943.05, Florida Statutes, are amended, and subsection
176(4) is added to that section, to read:
177     943.05  Criminal Justice Information Program; duties; crime
178reports.-
179     (2)  The program shall:
180     (g)  Upon official written request, and subject to the
181department having sufficient funds and equipment to participate
182in such a request, from the agency executive director or
183secretary or from his or her designee, or from qualified
184entities participating in the volunteer and employee criminal
185history screening system under s. 943.0542, or as otherwise
186required As authorized by law, retain fingerprints submitted by
187criminal and noncriminal justice agencies to the department for
188a criminal history background screening in a manner provided by
189rule and enter the fingerprints in the statewide automated
190fingerprint identification system authorized by paragraph (b).
191Such fingerprints shall thereafter be available for all purposes
192and uses authorized for arrest fingerprint submissions cards
193entered into the statewide automated fingerprint identification
194system pursuant to s. 943.051.
195     (h)1.  For each agency or qualified entity that officially
196requests retention of fingerprints or for which retention is
197otherwise required As authorized by law, search all arrest
198fingerprint submissions cards received under s. 943.051 against
199the fingerprints retained in the statewide automated fingerprint
200identification system under paragraph (g).
201     1.  Any arrest record that is identified with the retained
202fingerprints of a person subject to background screening as
203provided in paragraph (g) shall be reported to the appropriate
204agency or qualified entity.
205     2.  To Agencies may participate in this search process,
206agencies or qualified entities must notify each person
207fingerprinted that his or her fingerprints will be retained, pay
208by payment of an annual fee to the department, and inform by
209informing the department of any change in the affiliation,
210employment, or contractual status or place of affiliation,
211employment, or contracting of each person the persons whose
212fingerprints are retained under paragraph (g) when such change
213removes or eliminates the agency or qualified entity's basis or
214need for receiving reports of any arrest of that person, so that
215the agency or qualified entity will not be obligated to pay the
216upcoming annual fee for the retention and searching of that
217person's fingerprints to the department. The department shall
218adopt a rule setting the amount of the annual fee to be imposed
219upon each participating agency or qualified entity for
220performing these searches and establishing the procedures for
221the retention of fingerprints and the dissemination of search
222results. The fee may be borne by the agency, qualified entity,
223or person subject to fingerprint retention or as otherwise
224provided by law. Fees may be waived or reduced by the executive
225director for good cause shown. Consistent with the recognition
226of criminal justice agencies expressed in s. 943.053(3), these
227services will be provided to criminal justice agencies for
228criminal justice purposes free of charge.
229     3.  Agencies that participate in the fingerprint retention
230and search process may adopt rules pursuant to ss. 120.536(1)
231and 120.54 to require employers to keep the agency informed of
232any change in the affiliation, employment, or contractual status
233of each person whose fingerprints are retained under paragraph
234(g) when such change removes or eliminates the agency's basis or
235need for receiving reports of any arrest of that person, so that
236the agency will not be obligated to pay the upcoming annual fee
237for the retention and searching of that person's fingerprints to
238the department.
239     (4)  Upon notification that a federal fingerprint retention
240program is in effect, and subject to the department being funded
241and equipped to participate in such a program, the department
242shall, when state and national criminal history records checks
243and retention of submitted prints are authorized or required by
244law, retain the fingerprints as provided in paragraphs (2)(g)
245and (h) and advise the Federal Bureau of Investigation to retain
246the fingerprints at the national level for searching against
247arrest fingerprint submissions received at the national level.
248     Section 3.  Subsections (6) and (11) of section 943.053,
249Florida Statutes, are amended to read:
250     943.053  Dissemination of criminal justice information;
251fees.-
252     (6)  Notwithstanding any other provision of law, the
253department shall provide to the Florida Department of Revenue
254Child Support Enforcement access to Florida criminal history
255records which are not exempt from disclosure under chapter 119,
256and to such information as may be lawfully available from other
257states via the National Law Enforcement Telecommunications
258System, for the purpose of locating subjects who owe or
259potentially owe support, as defined in s. 409.2554, or to whom
260such obligation is owed pursuant to Title IV-D of the Social
261Security Act. Such information may be provided to child support
262enforcement authorities in other states for these specific
263purposes.
264     (11)  A criminal justice agency that is authorized under
265federal rules or law to conduct a criminal history background
266check on an agency employee who is not certified by the Criminal
267Justice Standards and Training Commission under s. 943.12 may
268submit to the department the fingerprints of the noncertified
269employee to obtain state and national criminal history
270information. Effective January 15, 2007, the fingerprints
271submitted shall be retained and entered in the statewide
272automated fingerprint identification system authorized by s.
273943.05 and shall be available for all purposes and uses
274authorized for arrest fingerprint submissions cards entered in
275the statewide automated fingerprint identification system
276pursuant to s. 943.051. The department shall search all arrest
277fingerprint submissions cards received pursuant to s. 943.051
278against the fingerprints retained in the statewide automated
279fingerprint identification system pursuant to this section. In
280addition to all purposes and uses authorized for arrest
281fingerprint submissions cards for which submitted fingerprints
282may be used, any arrest record that is identified with the
283retained employee fingerprints must be reported to the
284submitting employing agency.
285     Section 4.  Subsection (16) of section 943.12, Florida
286Statutes, is amended to read:
287     943.12  Powers, duties, and functions of the commission.-
288The commission shall:
289     (16)  Adopt Promulgate rules for the certification,
290maintenance, and discipline of officers who engage in those
291specialized areas found to present a high risk of harm to the
292officer or the public at large and which would in turn increase
293the potential liability of an employing agency. The commission
294shall adopt rules requiring the demonstration of proficiency in
295firearms for all law enforcement officers. The commission shall
296by rule include the frequency of demonstration of proficiency
297with firearms and the consequences for officers failing to
298demonstrate proficiency with firearms.
299     Section 5.  Subsection (2) of section 943.131, Florida
300Statutes, is amended to read:
301     943.131  Temporary employment or appointment; minimum basic
302recruit training exemption.-
303     (2)  If an applicant seeks an exemption from completing a
304commission-approved basic recruit training program, the
305employing agency or criminal justice selection center must
306verify that the applicant has successfully completed a
307comparable basic recruit training program for the discipline in
308which the applicant is seeking certification in another state or
309for the Federal Government or a previous Florida basic recruit
310training program. Further, the employing agency or criminal
311justice selection center must verify that the applicant has
312served as a full-time sworn officer in another state or for the
313Federal Government for at least 1 year provided there is no more
314than an 8-year break in employment or was a previously certified
315Florida officer provided there is no more than an 8-year break
316in employment, as measured from the separation date of the most
317recent qualifying employment to the time a complete application
318is submitted for an exemption under this section. When the
319employing agency or criminal justice selection center obtains
320written documentation regarding the applicant's criminal justice
321experience, the documentation must be submitted to the
322commission. The commission shall adopt rules that establish
323criteria and procedures to determine if the applicant is exempt
324from completing the commission-approved basic recruit training
325program and, upon making a determination, shall notify the
326employing agency or criminal justice selection center. An
327applicant who is exempt from completing the commission-approved
328basic recruit training program must demonstrate proficiency in
329the high-liability areas, as defined by commission rule, and
330must complete the requirements of s. 943.13(10) within 1 year
331after receiving an exemption. If the proficiencies and
332requirements of s. 943.13(10) are not met within the 1 year, the
333applicant must seek an additional exemption pursuant to the
334requirements of this subsection complete a commission-approved
335basic recruit training program, as required by the commission by
336rule. Except as provided in subsection (1), before the employing
337agency may employ or appoint the applicant as an officer, the
338applicant must meet the minimum qualifications described in s.
339943.13(1)-(8), and must fulfill the requirements of s.
340943.13(10).
341     Section 6.  Subsection (3) of section 943.1395, Florida
342Statutes, is amended to read:
343     943.1395  Certification for employment or appointment;
344concurrent certification; reemployment or reappointment;
345inactive status; revocation; suspension; investigation.-
346     (3)  Any certified officer who has separated from
347employment or appointment and who is not reemployed or
348reappointed by an employing agency within 4 years after the date
349of separation must meet the minimum qualifications described in
350s. 943.13, except for the requirement found in s. 943.13(9).
351Further, such officer must complete any training required by the
352commission by rule in compliance with s. 943.131(2). Any such
353officer who fails to comply with the requirements provided in s.
354943.131(2) is not reemployed or reappointed by an employing
355agency within 8 years after the date of separation must meet the
356minimum qualifications described in s. 943.13, to include the
357requirement of s. 943.13(9).
358     Section 7.  Paragraph (g) of subsection (1) of section
359943.17, Florida Statutes, is amended to read:
360     943.17  Basic recruit, advanced, and career development
361training programs; participation; cost; evaluation.-The
362commission shall, by rule, design, implement, maintain,
363evaluate, and revise entry requirements and job-related
364curricula and performance standards for basic recruit, advanced,
365and career development training programs and courses. The rules
366shall include, but are not limited to, a methodology to assess
367relevance of the subject matter to the job, student performance,
368and instructor competency.
369     (1)  The commission shall:
370     (g)  Assure that entrance into the basic recruit training
371program for law enforcement and, correctional, and correctional
372probation officers be limited to those who have passed a basic
373skills examination and assessment instrument, based on a job
374task analysis in each discipline and adopted by the commission.
375     Section 8.  Subsection (2) of section 943.32, Florida
376Statutes, is amended to read:
377     943.32  Statewide criminal analysis laboratory system.-
378There is established a statewide criminal analysis laboratory
379system to be composed of:
380     (2)  The existing locally funded laboratories in Broward,
381Indian River, Miami-Dade, Monroe, Palm Beach, and Pinellas
382Counties, specifically designated in s. 943.35 to be eligible
383for state matching funds; and
384     Section 9.  This act shall take effect July 1, 2010.


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