Florida Senate - 2013                                    SB 1434
       
       
       
       By Senator Evers
       
       
       
       
       2-00335A-13                                           20131434__
    1                        A bill to be entitled                      
    2         An act relating to the Department of Law Enforcement;
    3         amending ss. 125.5801 and 166.0442, F.S.; authorizing
    4         counties and municipalities to require state and
    5         federal criminal history screening for certain
    6         specified persons, including employees, private
    7         contractors, and employees of private contractors;
    8         amending s. 285.18, F.S.; conforming a cross
    9         reference; amending s. 406.145, F.S.; removing the
   10         Unidentified Person Report form developed by the
   11         department as a method to enter certain data; amending
   12         s. 414.40, F.S.; conforming cross-references; amending
   13         s. 937.021, F.S.; providing for release of information
   14         relating to a missing child; amending s. 937.024,
   15         F.S.; eliminating a requirement that the Office of
   16         Vital Statistics recall each missing child’s birth
   17         certificate or birth record from the local registrar
   18         of vital statistics in the county of the missing
   19         child’s birth; amending s. 937.025, F.S.; making
   20         grammatical changes; amending s. 937.028, F.S.;
   21         requiring fingerprints of a child taken and retained
   22         by specified agencies other than the Department of Law
   23         Enforcement to be destroyed when the child becomes 18
   24         years of age; requiring that fingerprints of persons,
   25         including minors, who are reported missing which have
   26         been entered into the automated biometric
   27         identification system maintained by the department be
   28         retained until the missing person has been recovered;
   29         amending s. 943.03, F.S.; removing obsolete provisions
   30         applicable to the department; amending s. 943.031,
   31         F.S.; making the duties of the Florida Violent Crime
   32         and Drug Control Council subject to available funding;
   33         removing obsolete provisions; amending s. 943.0435,
   34         F.S.; requiring a sexual offender to provide his or
   35         her fingerprints and a photograph when registering
   36         with the department; amending s. 943.04351, F.S.;
   37         requiring a state agency or governmental subdivision,
   38         before making an appointment or employment decision,
   39         to search certain databases for registered sexual
   40         predators and sexual offenders; amending s. 943.0438,
   41         F.S.; removing an obsolete date relating to screening
   42         athletic coaches as sexual predators or sexual
   43         offenders; amending s. 943.045, F.S.; defining the
   44         term “biometric”; revising the terms “criminal justice
   45         information” and “criminal history information”;
   46         amending s. 943.05, F.S.; clarifying duties of the
   47         Criminal Justice Information Program pertaining to the
   48         statewide automated biometric identification system;
   49         amending s. 943.051, F.S.; requiring local law
   50         enforcement agencies to have fingerprints, palm
   51         prints, and facial images of certain adults and minors
   52         captured and electronically submitted to the
   53         department; amending s. 943.052, F.S.; revising
   54         information that must be included in a disposition
   55         report filed with the department; amending s. 943.053,
   56         F.S.; requiring that information from criminal justice
   57         information systems of the federal government or other
   58         states not be disseminated in a manner inconsistent
   59         with the rules instituted by the National Crime
   60         Prevention and Privacy Compact; amending s. 943.054,
   61         F.S.; providing for the availability of federal
   62         criminal history records and information in a
   63         specified manner; removing certain obsolete
   64         restrictions; amending s. 943.0542, F.S.; requiring
   65         that payment for a criminal history check be made in
   66         the manner prescribed by the department by rule;
   67         amending s. 943.0544, F.S.; permitting the department
   68         to develop and administer a criminal justice
   69         intrastate network; amending ss. 943.055 and 943.056,
   70         F.S.; revising provisions to conform to changes made
   71         by the act; amending s. 943.0582, F.S.; extending the
   72         diversion expunction completion date; removing
   73         obsolete language; amending ss. 943.0585 and 943.059,
   74         F.S.; revising provisions to conform to changes made
   75         by the act; amending s. 943.125, F.S.; providing for
   76         the accreditation of state and local law enforcement
   77         agencies, correctional facilities, and public agency
   78         offices of inspectors general and others; providing
   79         legislative intent; specifying the criteria for the
   80         law enforcement accreditation; requiring the
   81         department to employ and assign support staff to
   82         certain accreditation commissions if funding is
   83         available; requiring the accreditation commissions to
   84         determine accreditation standards used by the
   85         accreditation programs; amending s. 943.13, F.S.;
   86         removing obsolete provisions and making technical
   87         changes; amending s. 943.132, F.S.; deleting a cross
   88         reference to a federal law relating to the carrying of
   89         concealed firearms by qualified active or qualified
   90         retired law enforcement officers; amending ss.
   91         943.1395 and 943.1755, F.S.; making technical changes;
   92         revising provisions to conform to changes made by the
   93         act; amending s. 943.1757, F.S.; removing obsolete
   94         time provisions; amending s. 943.25, F.S.; conforming
   95         provisions to changes made by the act and making
   96         technical changes; amending s. 943.325, F.S.;
   97         conforming a cross-reference; amending s. 943.33,
   98         F.S.; providing that state-operated laboratories shall
   99         furnish laboratory services to law enforcement
  100         officials; revising the definition of the term “good
  101         cause”; prohibiting the presence of specified persons
  102         inside a state-operated laboratory; declaring who is
  103         responsible for costs of providing such materials;
  104         amending s. 943.68, F.S.; changing a reporting date;
  105         providing an effective date.
  106  
  107  Be It Enacted by the Legislature of the State of Florida:
  108  
  109         Section 1. Section 125.5801, Florida Statutes, is amended
  110  to read:
  111         (Substantial rewording of section. See
  112         s. 125.5801, F.S., for present text.)
  113         125.5801Criminal history record checks for certain county
  114  employees and appointees.—
  115         (1) Notwithstanding chapter 435, a county may require, by
  116  ordinance, state and national criminal history screening for
  117  any:
  118         (a)Position of county employment or appointment, whether
  119  paid, unpaid, or contractual, which the governing body of the
  120  county finds is critical to security or public safety;
  121         (b)Private contractor, employee of a private contractor,
  122  vendor, repair person, or delivery person who is subject to
  123  licensing or regulation by the county; or
  124         (c)Private contractor, employee of a private contractor,
  125  vendor, repair person, or delivery person who has direct contact
  126  with individual members of the public or access to any public
  127  facility or publicly operated facility in such manner or to such
  128  an extent that the governing body of the county finds that
  129  preventing unsuitable persons from having such contact or access
  130  is critical to security or public safety.
  131         (2)The ordinance must require each person applying for, or
  132  continuing employment or appointment in, any such position,
  133  applying for initial or continuing licensing or regulation, or
  134  having such contact or access, to be fingerprinted. The
  135  fingerprints shall be submitted to the Department of Law
  136  Enforcement for a state criminal history record check and to the
  137  Federal Bureau of Investigation for a national criminal history
  138  record check. The information obtained from the criminal history
  139  record checks conducted pursuant to the ordinance may be used by
  140  the county to determine an applicant’s eligibility for such
  141  employment or appointment and to determine a person’s
  142  eligibility for continued employment or appointment. This
  143  section is not intended to preempt or prevent any other
  144  background screening, including, but not limited to, other
  145  criminal history record checks, which a county may lawfully
  146  undertake.
  147         Section 2. Section 166.0442, Florida Statutes, is amended
  148  to read:
  149         (Substantial rewording of section. See
  150         s. 166.0442, F.S., for present text.)
  151         166.0442Criminal history record checks for certain
  152  municipal employees and appointees.—
  153         (1)Notwithstanding chapter 435, a municipality may
  154  require, by ordinance, state and national criminal history
  155  screening for any:
  156         (a)Position of municipal employment or appointment,
  157  whether paid, unpaid, or contractual, which the governing body
  158  of the municipality finds is critical to security or public
  159  safety;
  160         (b)Private contractor, employee of a private contractor,
  161  vendor, repair person, or delivery person who is subject to
  162  licensing or regulation by the municipality; or
  163         (c)Private contractor, employee of a private contractor,
  164  vendor, repair person, or delivery person who has direct contact
  165  with individual members of the public or access to any public
  166  facility or publicly operated facility in such manner or to such
  167  an extent that the governing body of the municipality finds that
  168  preventing unsuitable persons from having such contact or access
  169  is critical to security or public safety.
  170         (2)The ordinance must require each person applying for, or
  171  continuing employment or appointment in, any such position,
  172  applying for initial or continuing licensing or regulation, or
  173  having such contact or access, to be fingerprinted. The
  174  fingerprints shall be submitted to the Department of Law
  175  Enforcement for a state criminal history record check and to the
  176  Federal Bureau of Investigation for a national criminal history
  177  record check. The information obtained from the criminal history
  178  record checks conducted pursuant to the ordinance may be used by
  179  the municipality to determine an applicant’s eligibility for
  180  such employment or appointment and to determine a person’s
  181  eligibility for continued employment or appointment. This
  182  section is not intended to preempt or prevent any other
  183  background screening, including, but not limited to, other
  184  criminal history background checks, that a municipality may
  185  lawfully undertake.
  186         Section 3. Subsection (3) of section 285.18, Florida
  187  Statutes, is amended to read:
  188         285.18 Tribal council as governing body; powers and
  189  duties.—
  190         (3) The law enforcement agencies of the Seminole Tribe of
  191  Florida and the Miccosukee Tribe of Indians of Florida shall
  192  have the authority of “criminal justice agencies” as defined in
  193  s. 943.045(11)(e) s. 943.045(10)(e) and shall have the specific
  194  authority to negotiate agreements with the Florida Department of
  195  Law Enforcement, the United States Department of Justice, and
  196  other federal law enforcement agencies for access to criminal
  197  history records for the purpose of conducting ongoing criminal
  198  investigations and for the following governmental purposes:
  199         (a) Background investigations, which are required for
  200  employment by a tribal education program, tribal Head Start
  201  program, or tribal day care program as may be required by state
  202  or federal law.
  203         (b) Background investigations, which are required for
  204  employment by tribal law enforcement agencies.
  205         (c) Background investigations, which are required for
  206  employment by a tribal government.
  207         (d) Background investigations with respect to all
  208  employees, primary management officials, and all persons having
  209  a financial interest in a class II Indian tribal gaming
  210  enterprise to ensure eligibility as provided in the Indian
  211  Gaming Regulatory Act, 25 U.S.C. ss. 2701 et al.
  212  
  213  With regard to those investigations authorized in paragraphs
  214  (a), (c), and (d), each such individual shall file a complete
  215  set of his or her fingerprints that have been taken by an
  216  authorized law enforcement officer, which set of fingerprints
  217  shall be submitted to the Department of Law Enforcement for
  218  state processing and to the Federal Bureau of Investigation for
  219  federal processing. The cost of processing shall be borne by the
  220  applicant.
  221         Section 4. Section 406.145, Florida Statutes, is amended to
  222  read:
  223         406.145 Unidentified persons; reporting requirements.—When
  224  an unidentified body is transported to a district medical
  225  examiner pursuant to this chapter, the medical examiner shall
  226  immediately report receipt of such body to the appropriate law
  227  enforcement agency, provided such law enforcement agency was not
  228  responsible for transportation of the body to the medical
  229  examiner. If the medical examiner cannot determine the law
  230  enforcement agency having jurisdiction, he or she shall notify
  231  the sheriff of the county in which the medical examiner is
  232  located, who shall determine the law enforcement agency
  233  responsible for the identification. It is the duty of the law
  234  enforcement officer assigned to and investigating the death to
  235  immediately establish the identity of the body. If the body is
  236  not immediately identified, the law enforcement agency
  237  responsible for investigating the death shall complete an
  238  Unidentified Person Report and enter the data, through the
  239  Florida Crime Information Center, into the Unidentified Person
  240  File of the National Crime Information Center. An Unidentified
  241  Person Report is that form identified by the Florida Department
  242  of Law Enforcement for use by law enforcement agencies in
  243  compiling information for entrance into the Unidentified Person
  244  File.
  245         Section 5. Paragraph (b) of subsection (2) of section
  246  414.40, Florida Statutes, is amended to read:
  247         414.40 Stop Inmate Fraud Program established; guidelines.—
  248         (2) The Department of Financial Services is directed to
  249  implement the Stop Inmate Fraud Program in accordance with the
  250  following guidelines:
  251         (b) Pursuant to these procedures, the program shall have
  252  access to records containing correctional information not exempt
  253  from the public records law on incarcerated persons which have
  254  been generated as criminal justice information. As used in this
  255  paragraph, the term “record” is defined as provided in s.
  256  943.045(8) s. 943.045(7), and the term “criminal justice
  257  information” is defined as provided in s. 943.045(4) s.
  258  943.045(3).
  259         Section 6. Paragraphs (a), (b), (d), and (e) of subsection
  260  (5) of section 937.021, Florida Statutes, are amended to read:
  261         937.021 Missing child and missing adult reports.—
  262         (5)(a) Upon receiving a request to record, report,
  263  transmit, display, or release an Amber Alert or Missing Child
  264  Alert information from the law enforcement agency having
  265  jurisdiction over the missing child, the Department of Law
  266  Enforcement as the state Amber Alert coordinator, any state or
  267  local law enforcement agency, and the personnel of these
  268  agencies; any radio or television network, broadcaster, or other
  269  media representative; any dealer of communications services as
  270  defined in s. 202.11; or any agency, employee, individual, or
  271  entity is immune from civil liability for damages for complying
  272  in good faith with the request and is presumed to have acted in
  273  good faith in recording, reporting, transmitting, displaying, or
  274  releasing an Amber Alert or Missing Child Alert information
  275  pertaining to the child.
  276         (b) Upon receiving a request to record, report, transmit,
  277  display, or release information and photographs pertaining to a
  278  missing adult or missing child from the law enforcement agency
  279  having jurisdiction over the missing adult or missing child, the
  280  department, a state or local law enforcement agency, and the
  281  personnel of these agencies; any radio or television network,
  282  broadcaster, or other media representative; any dealer of
  283  communications services as defined in s. 202.11; or any agency,
  284  employee, individual, or person is immune from civil liability
  285  for damages for complying in good faith with the request to
  286  provide information and is presumed to have acted in good faith
  287  in recording, reporting, transmitting, displaying, or releasing
  288  information or photographs pertaining to the missing adult or
  289  missing child.
  290         (d) The presumption of good faith is not overcome if a
  291  technical or clerical error is made by any agency, employee,
  292  individual, or entity acting at the request of the local law
  293  enforcement agency having jurisdiction, or if the Amber Alert,
  294  Missing Child Alert, missing child information, missing adult
  295  information, or Silver Alert information is incomplete or
  296  incorrect because the information received from the local law
  297  enforcement agency was incomplete or incorrect.
  298         (e) Neither This subsection or nor any other provision of
  299  law does not create creates a duty of the agency, employee,
  300  individual, or entity to record, report, transmit, display, or
  301  release the Amber Alert, Missing Child Alert, missing child
  302  information, missing adult information, or Silver Alert
  303  information received from the local law enforcement agency
  304  having jurisdiction. The decision to record, report, transmit,
  305  display, or release information is discretionary with the
  306  agency, employee, individual, or entity receiving the
  307  information.
  308         Section 7. Paragraphs (d) and (e) of subsection (1) and
  309  paragraph (a) of subsection (2) of section 937.024, Florida
  310  Statutes, are amended to read:
  311         937.024 Birth records of missing children; registrars’
  312  duties.—
  313         (1) The Office of Vital Statistics shall:
  314         (d) Recall each missing child’s birth certificate or birth
  315  record from the local registrar of vital statistics in the
  316  county of the missing child’s birth.
  317         (d)(e) Collect each month a list of missing children who
  318  have been located, as provided by the Department of Law
  319  Enforcement’s Florida Crime Information Center; identify which,
  320  if any, of the located children were born in this state; and
  321  remove its flags from the birth certificates or birth records of
  322  such children accordingly.
  323         (2)(a) A copy of the birth certificate or information
  324  concerning the birth record of any child whose record has been
  325  flagged or recalled pursuant to paragraph (1)(c) or paragraph
  326  (1)(d) may not be provided by the State Registrar or any local
  327  registrar in response to any inquiry, unless the flag has been
  328  removed pursuant to paragraph (1)(d) or upon the official
  329  request of the Missing Endangered Persons Information
  330  Clearinghouse in the department (1)(e).
  331         Section 8. Subsection (7) of section 937.025, Florida
  332  Statutes, is amended to read:
  333         937.025 Missing children; student records; reporting
  334  requirements; penalties.—
  335         (7) A person who knowingly provides false information
  336  concerning a missing child or the efforts to locate and return a
  337  missing child whose to a parent, family member, or guardian of a
  338  child who has been reported the child missing commits a
  339  misdemeanor of the first degree, punishable as provided in s.
  340  775.082 or s. 775.083. 
  341         Section 9. Section 937.028, Florida Statutes, is amended to
  342  read:
  343         937.028 Fingerprints; missing persons children.—
  344         (1) If fingerprints have been taken for the purpose of
  345  identifying a child, in the event that child becomes missing,
  346  the state agency, public or private organization, or other
  347  person who took such fingerprints may shall not release the
  348  fingerprints to any law enforcement agency or other person for
  349  any purpose other than the identification of a missing child.
  350  Such records and data are exempt from the provisions of s.
  351  119.07(1).
  352         (2) Fingerprints of children taken and retained by any
  353  state agency, other than the department, any public or private
  354  organization, or other person, excluding the parent or legal
  355  custodian of the child, shall be destroyed when the child
  356  becomes 18 years of age. Fingerprints of persons, including
  357  minors, who are reported missing which have been entered into
  358  the automated biometric identification system maintained by the
  359  department may be retained until the department is notified that
  360  the missing person has been recovered.
  361         Section 10. Paragraph (a) of subsection (6) and subsections
  362  (12), (13), and (15) of section 943.03, Florida Statutes, are
  363  amended to read:
  364         943.03 Department of Law Enforcement.—
  365         (6)(a) The department shall be governed by all laws
  366  regulating the purchase of supplies and equipment as other state
  367  agencies and may enter into contracts with other state agencies
  368  to make photographs and photocopies photostats, to transmit
  369  information electronically by teletype, and to perform all those
  370  services consonant with the purpose of this chapter.
  371         (12) The department may establish, implement, and maintain
  372  a statewide, integrated violent crime information system capable
  373  of transmitting criminal justice information relating to violent
  374  criminal offenses to and between criminal justice agencies
  375  throughout the state.
  376         (13) Subject to sufficient annual appropriations, the
  377  department shall develop and maintain, in consultation with the
  378  Criminal and Juvenile Justice Information Systems Council under
  379  s. 943.08, an information system that supports the
  380  administration of the state’s criminal and juvenile justice
  381  information sharing system in compliance with this chapter and
  382  other provisions of law. The department shall serve as custodial
  383  manager of the Criminal Justice Network statewide
  384  telecommunications and data network developed and maintained as
  385  part of the information system authorized by this subsection.
  386         (15) The Department of Law Enforcement, in consultation
  387  with the Criminal and Juvenile Justice Information Systems
  388  Council established in s. 943.06, shall modify the existing
  389  statewide uniform statute table in its criminal history system
  390  to meet the business requirements of state and local criminal
  391  justice and law enforcement agencies. In order to accomplish
  392  this objective, the department shall:
  393         (a) Define the minimum business requirements necessary for
  394  successful implementation.
  395         (b) Consider the charging and booking requirements of
  396  sheriffs’ offices and police departments and the business
  397  requirements of state attorneys, public defenders, criminal
  398  conflict and civil regional counsel, clerks of court, judges,
  399  and state law enforcement agencies.
  400         (c) Adopt rules establishing the necessary technical and
  401  business process standards required to implement, operate, and
  402  ensure uniform system use and compliance.
  403  
  404  The required system modifications and adopted rules shall be
  405  implemented by December 31, 2012.
  406         Section 11. Subsections (2), (4), and (5), paragraphs (b)
  407  and (c) of subsection (6), and subsection (8), of section
  408  943.031, Florida Statutes, are amended to read:
  409         943.031 Florida Violent Crime and Drug Control Council.—
  410         (2) MEMBERSHIP.—The council shall consist of 14 members, as
  411  follows:
  412         (a) The Attorney General or a designate.
  413         (b) A designate of the executive director of the Department
  414  of Law Enforcement.
  415         (c) The Secretary of the Department of Corrections or a
  416  designate.
  417         (d) The Secretary of Juvenile Justice or a designate.
  418         (e) The Commissioner of Education or a designate.
  419         (f) The president of the Florida Network of Victim/Witness
  420  Services, Inc., or a designate.
  421         (g) The policy coordinator in the Public Safety Unit of the
  422  Governor’s Office of Planning and Budgeting, or a designate.
  423         (h) The Chief Financial Officer, or a designate.
  424         (i) Six members appointed by the Governor, consisting of
  425  two sheriffs, two chiefs of police, one medical examiner, and
  426  one state attorney or their designates.
  427  
  428  The Governor, when making appointments under this subsection,
  429  must take into consideration representation by geography,
  430  population, ethnicity, and other relevant factors to ensure that
  431  the membership of the council is representative of the state at
  432  large. Designates appearing on behalf of a council member who is
  433  unable to attend a meeting of the council are empowered to vote
  434  on issues before the council to the same extent the designating
  435  council member is so empowered.
  436         (4) MEETINGS.—The council must meet at least annually
  437  semiannually. Additional meetings may be held when it is
  438  determined by the department and chair that extraordinary
  439  circumstances require an additional meeting of the council. A
  440  majority of the members of the council constitutes a quorum. The
  441  council meetings may be conducted by conference call,
  442  teleconferencing, or similar technology.
  443         (5) DUTIES OF COUNCIL.—Subject to available funding
  444  provided to the department by the Legislature, the council shall
  445  provide advice and make recommendations, as necessary, to the
  446  executive director of the department.
  447         (a) The council may advise the executive director on the
  448  feasibility of undertaking initiatives which include, but are
  449  not limited to, the following:
  450         1. Establishing a program that provides grants to criminal
  451  justice agencies that develop and implement effective violent
  452  crime prevention and investigative programs and which provides
  453  grants to law enforcement agencies for the purpose of drug
  454  control, criminal gang, and illicit money laundering
  455  investigative efforts or task force efforts that are determined
  456  by the council to significantly contribute to achieving the
  457  state’s goal of reducing drug-related crime, that represent
  458  significant criminal gang investigative efforts, that represent
  459  a significant illicit money laundering investigative effort, or
  460  that otherwise significantly support statewide strategies
  461  developed by the Statewide Drug Policy Advisory Council
  462  established under s. 397.333, subject to the limitations
  463  provided in this section. The grant program may include an
  464  innovations grant program to provide startup funding for new
  465  initiatives by local and state law enforcement agencies to
  466  combat violent crime or to implement drug control, criminal
  467  gang, or illicit money laundering investigative efforts or task
  468  force efforts by law enforcement agencies, including, but not
  469  limited to, initiatives such as:
  470         a. Providing enhanced community-oriented policing.
  471         b. Providing additional undercover officers and other
  472  investigative officers to assist with violent crime
  473  investigations in emergency situations.
  474         c. Providing funding for multiagency or statewide drug
  475  control, criminal gang, or illicit money laundering
  476  investigative efforts or task force efforts that cannot be
  477  reasonably funded completely by alternative sources and that
  478  significantly contribute to achieving the state’s goal of
  479  reducing drug-related crime, that represent significant criminal
  480  gang investigative efforts, that represent a significant illicit
  481  money laundering investigative effort, or that otherwise
  482  significantly support statewide strategies developed by the
  483  Statewide Drug Policy Advisory Council established under s.
  484  397.333.
  485         2. Expanding the use of automated biometric fingerprint
  486  identification systems at the state and local level.
  487         3. Identifying methods to prevent violent crime.
  488         4. Identifying methods to enhance multiagency or statewide
  489  drug control, criminal gang, or illicit money laundering
  490  investigative efforts or task force efforts that significantly
  491  contribute to achieving the state’s goal of reducing drug
  492  related crime, that represent significant criminal gang
  493  investigative efforts, that represent a significant illicit
  494  money laundering investigative effort, or that otherwise
  495  significantly support statewide strategies developed by the
  496  Statewide Drug Policy Advisory Council established under s.
  497  397.333.
  498         5. Enhancing criminal justice training programs that
  499  address violent crime, drug control, illicit money laundering
  500  investigative techniques, or efforts to control and eliminate
  501  criminal gangs.
  502         6. Developing and promoting crime prevention services and
  503  educational programs that serve the public, including, but not
  504  limited to:
  505         a. Enhanced victim and witness counseling services that
  506  also provide crisis intervention, information referral,
  507  transportation, and emergency financial assistance.
  508         b. A well-publicized rewards program for the apprehension
  509  and conviction of criminals who perpetrate violent crimes.
  510         7. Enhancing information sharing and assistance in the
  511  criminal justice community by expanding the use of community
  512  partnerships and community policing programs. Such expansion may
  513  include the use of civilian employees or volunteers to relieve
  514  law enforcement officers of clerical work in order to enable the
  515  officers to concentrate on street visibility within the
  516  community.
  517         (b) The full council shall:
  518         1. Receive periodic reports from regional violent crime
  519  investigation and statewide drug control strategy implementation
  520  coordinating teams which relate to violent crime trends or the
  521  investigative needs or successes in the regions, including
  522  discussions regarding the activity of significant criminal gangs
  523  in the region, factors, and trends relevant to the
  524  implementation of the statewide drug strategy, and the results
  525  of drug control and illicit money laundering investigative
  526  efforts funded in part by the council.
  527         2. Maintain and use criteria for the disbursement of funds
  528  from the Violent Crime Investigative Emergency and Drug Control
  529  Strategy Implementation Account or any other account from which
  530  the council may disburse proactive investigative funds as may be
  531  established within the Department of Law Enforcement Operating
  532  Trust Fund or other appropriations provided to the Department of
  533  Law Enforcement by the Legislature in the General Appropriations
  534  Act. The criteria shall allow for the advancement of funds to
  535  reimburse agencies regarding violent crime investigations as
  536  approved by the full council and the advancement of funds to
  537  implement proactive drug control strategies or significant
  538  criminal gang investigative efforts as authorized by the Drug
  539  Control Strategy and Criminal Gang Committee or the Victim and
  540  Witness Protection Review Committee. Regarding violent crime
  541  investigation reimbursement, an expedited approval procedure
  542  shall be established for rapid disbursement of funds in violent
  543  crime emergency situations.
  544         (c) As used in this section, “significant criminal gang
  545  investigative efforts” eligible for proactive funding must
  546  involve at a minimum an effort against a known criminal gang
  547  that:
  548         1. Involves multiple law enforcement agencies.
  549         2. Reflects a dedicated significant investigative effort on
  550  the part of each participating agency in personnel, time devoted
  551  to the investigation, and agency resources dedicated to the
  552  effort.
  553         3. Reflects a dedicated commitment by a prosecuting
  554  authority to ensure that cases developed by the investigation
  555  will be timely and effectively prosecuted.
  556         4. Demonstrates a strategy and commitment to dismantling
  557  the criminal gang via seizures of assets, significant money
  558  laundering and organized crime investigations and prosecutions,
  559  or similar efforts.
  560  
  561  The council may require satisfaction of additional elements, to
  562  include reporting criminal investigative and criminal
  563  intelligence information related to criminal gang activity and
  564  members in a manner required by the department, as a
  565  prerequisite for receiving proactive criminal gang funding.
  566         (6) DRUG CONTROL STRATEGY AND CRIMINAL GANG COMMITTEE.—
  567         (b) Subject to available funding provided to the department
  568  by the Legislature, the committee shall review and approve all
  569  requests for disbursement of funds from the Violent Crime
  570  Investigative Emergency and Drug Control Strategy Implementation
  571  Account within the Department of Law Enforcement Operating Trust
  572  Fund and from other appropriations provided to the department by
  573  the Legislature in the General Appropriations Act. An expedited
  574  approval procedure shall be established for rapid disbursement
  575  of funds in violent crime emergency situations. Committee
  576  meetings may be conducted by conference call, teleconferencing,
  577  or similar technology.
  578         (c) Those receiving any proactive funding provided by the
  579  council through the committee shall be required to report the
  580  results of the investigations to the council once the
  581  investigation has been completed. The committee shall also
  582  require ongoing status reports on ongoing investigations using
  583  such findings in its closed sessions, and may require a
  584  recipient to return to the council any portion of unspent
  585  funding that has been provided.
  586         (8) VICTIM AND WITNESS PROTECTION REVIEW COMMITTEE.—
  587         (a) The Victim and Witness Protection Review Committee is
  588  created within the Florida Violent Crime and Drug Control
  589  Council, consisting of the statewide prosecutor or a state
  590  attorney, a sheriff, a chief of police, and the designee of the
  591  executive director of the Department of Law Enforcement. The
  592  committee shall be appointed from the membership of the council
  593  by the chair of the council after the chair has consulted with
  594  the executive director of the Department of Law Enforcement.
  595  Committee members shall meet in conjunction with the meetings of
  596  the council or at other times as required by the department and
  597  the chair. Committee meetings may be conducted by conference
  598  call, teleconferencing, or similar technology.
  599         (b) Subject to available funding provided to the department
  600  by the Legislature, the committee shall:
  601         1. Maintain and use criteria for disbursing funds to
  602  reimburse law enforcement agencies for costs associated with
  603  providing victim and witness temporary protective or temporary
  604  relocation services.
  605         2. Review and approve or deny, in whole or in part, all
  606  reimbursement requests submitted by law enforcement agencies.
  607         (c) The lead law enforcement agency providing victim or
  608  witness protective or temporary relocation services pursuant to
  609  the provisions of s. 914.25 may submit a request for
  610  reimbursement to the Victim and Witness Protection Review
  611  Committee in a format approved by the committee. The lead law
  612  enforcement agency shall submit such reimbursement request on
  613  behalf of all law enforcement agencies that cooperated in
  614  providing protective or temporary relocation services related to
  615  a particular criminal investigation or prosecution. As part of
  616  the reimbursement request, the lead law enforcement agency must
  617  indicate how any reimbursement proceeds will be distributed
  618  among the agencies that provided protective or temporary
  619  relocation services.
  620         (d) The committee, in its discretion, may use funds
  621  available to the committee to provide all or partial
  622  reimbursement to the lead law enforcement agency for such costs,
  623  or may decline to provide any reimbursement.
  624         (e) The committee may conduct its meeting by teleconference
  625  or conference phone calls when the chair of the committee finds
  626  that the need for reimbursement is such that delaying until the
  627  next scheduled council meeting will adversely affect the
  628  requesting agency’s ability to provide the protection services.
  629         Section 12. Paragraph (b) of subsection (2) and paragraph
  630  (d) of subsection (4) of section 943.0435, Florida Statutes, are
  631  amended to read:
  632         943.0435 Sexual offenders required to register with the
  633  department; penalty.—
  634         (2) A sexual offender shall:
  635         (b) Provide his or her name; date of birth; social security
  636  number; race; sex; height; weight; hair and eye color; tattoos
  637  or other identifying marks; fingerprints; photograph; occupation
  638  and place of employment; address of permanent or legal residence
  639  or address of any current temporary residence, within the state
  640  or out of state, including a rural route address and a post
  641  office box; if no permanent or temporary address, any transient
  642  residence within the state, address, location or description,
  643  and dates of any current or known future temporary residence
  644  within the state or out of state; home telephone number and any
  645  cellular telephone number; any electronic mail address and any
  646  instant message name required to be provided pursuant to
  647  paragraph (4)(d); date and place of each conviction; and a brief
  648  description of the crime or crimes committed by the offender. A
  649  post office box may shall not be provided in lieu of a physical
  650  residential address.
  651         1. If the sexual offender’s place of residence is a motor
  652  vehicle, trailer, mobile home, or manufactured home, as defined
  653  in chapter 320, the sexual offender shall also provide to the
  654  department through the sheriff’s office written notice of the
  655  vehicle identification number; the license tag number; the
  656  registration number; and a description, including color scheme,
  657  of the motor vehicle, trailer, mobile home, or manufactured
  658  home. If the sexual offender’s place of residence is a vessel,
  659  live-aboard vessel, or houseboat, as defined in chapter 327, the
  660  sexual offender shall also provide to the department written
  661  notice of the hull identification number; the manufacturer’s
  662  serial number; the name of the vessel, live-aboard vessel, or
  663  houseboat; the registration number; and a description, including
  664  color scheme, of the vessel, live-aboard vessel, or houseboat.
  665         2. If the sexual offender is enrolled, employed, or
  666  carrying on a vocation at an institution of higher education in
  667  this state, the sexual offender shall also provide to the
  668  department through the sheriff’s office the name, address, and
  669  county of each institution, including each campus attended, and
  670  the sexual offender’s enrollment or employment status. Each
  671  change in enrollment or employment status shall be reported in
  672  person at the sheriff’s office, within 48 hours after any change
  673  in status. The sheriff shall promptly notify each institution of
  674  the sexual offender’s presence and any change in the sexual
  675  offender’s enrollment or employment status.
  676  
  677  When a sexual offender reports at the sheriff’s office, the
  678  sheriff shall take a photograph and a set of fingerprints of the
  679  offender and forward the photographs and fingerprints to the
  680  department, along with the information provided by the sexual
  681  offender. The sheriff shall promptly provide to the department
  682  the information received from the sexual offender.
  683         (4)
  684         (d) A sexual offender must register any electronic mail
  685  address or instant message name with the department before prior
  686  to using such electronic mail address or instant message name on
  687  or after October 1, 2007. The department shall establish an
  688  online system through which sexual offenders may securely access
  689  and update all electronic mail address and instant message name
  690  information.
  691         Section 13. Section 943.04351, Florida Statutes, is amended
  692  to read:
  693         943.04351 Search of registration information regarding
  694  sexual predators and sexual offenders required before prior to
  695  appointment or employment.—A state agency or governmental
  696  subdivision, before prior to making any decision to appoint or
  697  employ a person to work, whether for compensation or as a
  698  volunteer, at any park, playground, day care center, or other
  699  place where children regularly congregate, must conduct a search
  700  of that person’s name or other identifying information against
  701  the registration information regarding sexual predators and
  702  sexual offenders through the Dru Sjodin National Sexual Offender
  703  Public Website maintained by the United States Department of
  704  Justice. If, for any reason, that website is not available, a
  705  search of the registration information regarding sexual
  706  predators and sexual offenders maintained by the department
  707  under s. 943.043 must be performed maintained by the Department
  708  of Law Enforcement under s. 943.043. The agency or governmental
  709  subdivision may conduct the search using the Internet site
  710  maintained by the Department of Law Enforcement. This section
  711  does not apply to those positions or appointments within a state
  712  agency or governmental subdivision for which a state and
  713  national criminal history background check is conducted.
  714         Section 14. Paragraph (a) of subsection (2) of section
  715  943.0438, Florida Statutes, is amended to read:
  716         943.0438 Athletic coaches for independent sanctioning
  717  authorities.—
  718         (2) An independent sanctioning authority shall:
  719         (a)1. Conduct a background screening of each current and
  720  prospective athletic coach. A No person may not shall be
  721  authorized by the independent sanctioning authority to act as an
  722  athletic coach after July 1, 2010, unless a background screening
  723  has been conducted and did not result in disqualification under
  724  paragraph (b). Background screenings shall be conducted annually
  725  for each athletic coach. For purposes of this section, a
  726  background screening shall be conducted with a search of the
  727  athletic coach’s name or other identifying information against
  728  state and federal registries of sexual predators and sexual
  729  offenders, which are available to the public on Internet sites
  730  provided by:
  731         a. The Department of Law Enforcement under s. 943.043; and
  732         b. The Attorney General of the United States under 42
  733  U.S.C. s. 16920.
  734         2. For purposes of this section, a background screening
  735  conducted by a commercial consumer reporting agency in
  736  compliance with the federal Fair Credit Reporting Act using the
  737  identifying information referenced in subparagraph 1. and that
  738  includes searching that information against the sexual predator
  739  and sexual offender Internet sites listed in sub-subparagraphs
  740  1.a. and b. shall be deemed in compliance with the requirements
  741  of this section.
  742         Section 15. Present subsections (3) and (4) of section
  743  943.045, Florida Statutes, are amended, subsections (6) through
  744  (18) are renumbered as subsections (7) through (19),
  745  respectively, and a new subsection (3) is added to that section,
  746  to read:
  747         943.045 Definitions; ss. 943.045-943.08.—The following
  748  words and phrases as used in ss. 943.045-943.08 shall have the
  749  following meanings:
  750         (3) “Biometric” refers to impressions, reproductions, or
  751  representations of human physical characteristics, such as DNA,
  752  fingerprints, palm prints and footprints, eye retinas and
  753  irises, voice patterns, and facial images, by means such as
  754  booking and driver license photographs, which, when measured and
  755  analyzed, can be used for identification purposes.
  756         (4)(3) “Criminal justice information” means information on
  757  individuals collected or disseminated as a result of arrest,
  758  detention, or the initiation of a criminal proceeding by
  759  criminal justice agencies, including arrest record information,
  760  correctional and release information, criminal history record
  761  information, conviction record information, offender
  762  registration information, identification record information, and
  763  wanted persons record information. The term does shall not
  764  include statistical or analytical records or reports in which
  765  individuals are not identified and from which their identities
  766  are not ascertainable. The term does shall not include criminal
  767  intelligence information or criminal investigative information.
  768         (5)(4) “Criminal history information” means information
  769  collected by criminal justice agencies on persons, which
  770  information consists of identifiable descriptions and notations
  771  of arrests, detentions, indictments, informations, or other
  772  formal criminal charges and the disposition thereof. The term
  773  does not include identification information, such as biometrics
  774  fingerprint records, if the information does not indicate
  775  involvement of the person in the criminal justice system.
  776         Section 16. Paragraphs (b) through (e), (g), and (h) of
  777  subsection (2) and subsection (3) of section 943.05, Florida
  778  Statutes, are amended to read:
  779         943.05 Criminal Justice Information Program; duties; crime
  780  reports.—
  781         (2) The program shall:
  782         (b) Establish, implement, and maintain a statewide
  783  automated biometric fingerprint identification system capable
  784  of, but not limited to, reading, classifying, matching, and
  785  storing fingerprints, rolled fingerprints, and latent
  786  fingerprints, palm prints, and facial images. Information
  787  contained within the system must shall be available to every
  788  criminal justice agency that is responsible for the
  789  administration of criminal justice.
  790         (c) Initiate a crime information system that is shall be
  791  responsible for:
  792         1. Preparing and disseminating semiannual reports to the
  793  Governor, the Legislature, all criminal justice agencies, and,
  794  upon request, the public. Each report must shall include, but
  795  need not be limited to, types of crime reported, offenders,
  796  arrests, and victims.
  797         2. Upon request, providing other states and federal
  798  criminal justice agencies with Florida crime data. Where
  799  convenient, such data shall conform to definitions established
  800  by the requesting agencies.
  801         3. In cooperation with other criminal justice agencies,
  802  developing and maintaining an offender-based transaction system.
  803         (d) Adopt rules to effectively and efficiently implement,
  804  administer, manage, maintain, and use the automated biometric
  805  fingerprint identification system and uniform offense reports
  806  and arrest reports. The rules shall be considered minimum
  807  requirements and do shall not preclude a criminal justice agency
  808  from implementing its own enhancements. However, rules and forms
  809  prescribing uniform arrest or probable cause affidavits and
  810  alcohol influence reports to be used by all law enforcement
  811  agencies in making DUI arrests under s. 316.193 shall be
  812  adopted, and shall be used by all law enforcement agencies in
  813  this state. The rules and forms prescribing such uniform
  814  affidavits and reports shall be adopted and implemented by July
  815  1, 2004. Failure to use these uniform affidavits and reports
  816  does, however, shall not prohibit prosecution under s. 316.193.
  817         (e) Establish, implement, and maintain a Domestic and
  818  Repeat Violence Injunction Statewide Verification System capable
  819  of electronically transmitting information to and between
  820  criminal justice agencies relating to domestic violence
  821  injunctions, injunctions to prevent child abuse issued under
  822  chapter 39, and repeat violence injunctions issued by the courts
  823  throughout the state. Such information must include, but is not
  824  limited to, information as to the existence and status of any
  825  such injunction for verification purposes.
  826         (g) Upon official written request, and subject to the
  827  department having sufficient funds and equipment to participate
  828  in such a request, from the agency executive director or
  829  secretary or from his or her designee, or from qualified
  830  entities participating in the volunteer and employee criminal
  831  history screening system under s. 943.0542, or as otherwise
  832  required by law, retain fingerprints submitted by criminal and
  833  noncriminal justice agencies to the department for a criminal
  834  history background screening as provided by rule and enter the
  835  fingerprints in the statewide automated biometric fingerprint
  836  identification system authorized by paragraph (b). Such
  837  fingerprints must shall thereafter be available for all purposes
  838  and uses authorized for arrest fingerprint submissions entered
  839  into the statewide automated biometric fingerprint
  840  identification system pursuant to s. 943.051.
  841         (h) For each agency or qualified entity that officially
  842  requests retention of fingerprints or for which retention is
  843  otherwise required by law, search all arrest fingerprint
  844  submissions received under s. 943.051 against the fingerprints
  845  retained in the statewide automated biometric fingerprint
  846  identification system under paragraph (g).
  847         1. Any arrest record that is identified with the retained
  848  fingerprints of a person subject to background screening as
  849  provided in paragraph (g) shall be reported to the appropriate
  850  agency or qualified entity.
  851         2. To participate in this search process, agencies or
  852  qualified entities must notify each person fingerprinted that
  853  his or her fingerprints will be retained, pay an annual fee to
  854  the department unless otherwise provided by law, and inform the
  855  department of any change in the affiliation, employment, or
  856  contractual status of each person whose fingerprints are
  857  retained under paragraph (g) if such change removes or
  858  eliminates the agency or qualified entity’s basis or need for
  859  receiving reports of any arrest of that person, so that the
  860  agency or qualified entity is not obligated to pay the upcoming
  861  annual fee for the retention and searching of that person’s
  862  fingerprints to the department. The department shall adopt a
  863  rule setting the amount of the annual fee to be imposed upon
  864  each participating agency or qualified entity for performing
  865  these searches and establishing the procedures for the retention
  866  of fingerprints and the dissemination of search results. The fee
  867  may be borne by the agency, qualified entity, or person subject
  868  to fingerprint retention or as otherwise provided by law.
  869  Consistent with the recognition of criminal justice agencies
  870  expressed in s. 943.053(3), these services shall be provided to
  871  criminal justice agencies for criminal justice purposes free of
  872  charge. Qualified entities that elect to participate in the
  873  fingerprint retention and search process are required to timely
  874  remit the fee to the department by a payment mechanism approved
  875  by the department. If requested by the qualified entity, and
  876  with the approval of the department, such fees may be timely
  877  remitted to the department by a qualified entity upon receipt of
  878  an invoice for such fees from the department. Failure of a
  879  qualified entity to pay the amount due on a timely basis or as
  880  invoiced by the department may result in the refusal by the
  881  department to permit the qualified entity to continue to
  882  participate in the fingerprint retention and search process
  883  until all fees due and owing are paid.
  884         3. Agencies that participate in the fingerprint retention
  885  and search process may adopt rules pursuant to ss. 120.536(1)
  886  and 120.54 to require employers to keep the agency informed of
  887  any change in the affiliation, employment, or contractual status
  888  of each person whose fingerprints are retained under paragraph
  889  (g) if such change removes or eliminates the agency’s basis or
  890  need for receiving reports of any arrest of that person, so that
  891  the agency is not obligated to pay the upcoming annual fee for
  892  the retention and searching of that person’s fingerprints to the
  893  department.
  894         (3) If fingerprints submitted to the department for
  895  background screening, whether retained or not, are identified
  896  with the fingerprints of a person having a criminal history
  897  record, such fingerprints may thereafter be available for all
  898  purposes and uses authorized for arrest fingerprints fingerprint
  899  cards, including, but not limited to, entry into the statewide
  900  automated biometric fingerprint identification system to augment
  901  or replace the fingerprints that identify the criminal history
  902  record.
  903         Section 17. Subsections (2) and (3) of section 943.051,
  904  Florida Statutes, are amended to read:
  905         943.051 Criminal justice information; collection and
  906  storage; fingerprinting.—
  907         (2) Each adult person charged with or convicted of a
  908  felony, misdemeanor, or violation of a comparable ordinance by a
  909  state, county, municipal, or other law enforcement agency shall
  910  have fingerprints, palm prints, and facial images captured and
  911  electronically be fingerprinted, and such fingerprints shall be
  912  submitted to the department in the manner prescribed by rule.
  913  Exceptions to this requirement for specified misdemeanors or
  914  comparable ordinance violations may be made by the department by
  915  rule.
  916         (3)(a) A minor who is charged with or found to have
  917  committed an offense that would be a felony if committed by an
  918  adult shall have fingerprints, palm prints, and facial images
  919  captured and electronically be fingerprinted and the
  920  fingerprints shall be submitted to the department in the manner
  921  prescribed by rule.
  922         (b) A minor who is charged with or found to have committed
  923  the following offenses shall be fingerprinted, and the
  924  fingerprints shall be submitted to the department unless the
  925  child is issued a civil citation pursuant to s. 985.12:
  926         1. Assault, as defined in s. 784.011.
  927         2. Battery, as defined in s. 784.03.
  928         3. Carrying a concealed weapon, as defined in s. 790.01(1).
  929         4. Unlawful use of destructive devices or bombs, as defined
  930  in s. 790.1615(1).
  931         5. Negligent treatment of children, as defined in s.
  932  827.03(1)(e) former s. 827.05.
  933         6. Assault or battery on a law enforcement officer, a
  934  firefighter, or other specified officers, as defined in s.
  935  784.07(2)(a) and (b).
  936         7. Open carrying of a weapon, as defined in s. 790.053.
  937         8. Exposure of sexual organs, as defined in s. 800.03.
  938         9. Unlawful possession of a firearm, as defined in s.
  939  790.22(5).
  940         10. Petit theft, as defined in s. 812.014(3).
  941         11. Cruelty to animals, as defined in s. 828.12(1).
  942         12. Arson, as defined in s. 806.031(1).
  943         13. Unlawful possession or discharge of a weapon or firearm
  944  at a school-sponsored event or on school property as defined in
  945  s. 790.115.
  946         Section 18. Section 943.052, Florida Statutes, is amended
  947  to read:
  948         943.052 Disposition reporting.—The Criminal Justice
  949  Information Program shall, by rule, establish procedures and a
  950  format for each criminal justice agency to monitor its records
  951  and submit reports, as provided by this section, to the program.
  952  The disposition report shall be developed by the program and
  953  must shall include the offender-based transaction system number.
  954         (1) Each law enforcement officer or booking officer shall
  955  include, with submitted on the arrest information and
  956  fingerprints, fingerprint card the offender-based transaction
  957  system number.
  958         (2) Each clerk of the court shall submit the uniform
  959  dispositions to the program or in a manner acceptable to the
  960  program. The report shall be submitted at least monthly, once a
  961  month and, when acceptable by the program, may be submitted in
  962  an automated format acceptable to the department. The
  963  disposition report is mandatory for dispositions relating to
  964  adult offenders only. Beginning July 1, 2008, a disposition
  965  report for each disposition relating to a minor offenders
  966  offender is mandatory.
  967         (3)(a) The Department of Corrections shall submit
  968  information to the program relating to the receipt or discharge
  969  of a any person who is sentenced to a state correctional
  970  institution.
  971         (b) The Department of Juvenile Justice shall submit
  972  fingerprints, palm prints, and facial images information to the
  973  program relating to the receipt or discharge of a any minor who
  974  is found to have committed an offense that would be a felony if
  975  committed by an adult, or is found to have committed a
  976  misdemeanor specified in s. 943.051(3), and who is committed to
  977  the custody of the Department of Juvenile Justice.
  978         Section 19. Subsections (2), (3), (11), and (13) of section
  979  943.053, Florida Statutes, are amended to read:
  980         943.053 Dissemination of criminal justice information;
  981  fees.—
  982         (2) Criminal justice information derived from federal
  983  criminal justice information systems or criminal justice
  984  information systems of other states may shall not be
  985  disseminated in a manner inconsistent with the rules instituted
  986  by the National Crime Prevention and Privacy Compact, 42 U.S.C.
  987  s. 14616, as approved and ratified by the Legislature in s.
  988  943.0543, or with other applicable laws or rules laws,
  989  regulations, or rules of the originating agency.
  990         (3)(a) Criminal history information, including information
  991  relating to minors, compiled by the Criminal Justice Information
  992  Program from intrastate sources shall be available on a priority
  993  basis to criminal justice agencies for criminal justice purposes
  994  free of charge. After providing the program with all known
  995  personal identifying information, persons in the private sector
  996  and noncriminal justice agencies may be provided criminal
  997  history information upon tender of fees as established in this
  998  subsection and in the manner prescribed by rule of the
  999  Department of Law Enforcement. Any access to criminal history
 1000  information by the private sector or noncriminal justice
 1001  agencies as provided in this subsection shall be assessed
 1002  without regard to the quantity or category of criminal history
 1003  record information requested.
 1004         (b) The fee per record for criminal history information
 1005  provided pursuant to this subsection and s. 943.0542 is $24 per
 1006  name submitted, except that the fee for the guardian ad litem
 1007  program and vendors of the Department of Children and Family
 1008  Services, the Department of Juvenile Justice, and the Department
 1009  of Elderly Affairs shall be $8 for each name submitted; the fee
 1010  for a state criminal history provided for application processing
 1011  as required by law to be performed by the Department of
 1012  Agriculture and Consumer Services shall be $15 for each name
 1013  submitted; and the fee for requests under s. 943.0542, which
 1014  implements the National Child Protection Act, shall be $18 for
 1015  each volunteer name submitted. The state offices of the Public
 1016  Defender may shall not be assessed a fee for Florida criminal
 1017  history information or wanted person information.
 1018         (11) A criminal justice agency that is authorized under
 1019  federal rules or law to conduct a criminal history background
 1020  check on an agency employee who is not certified by the Criminal
 1021  Justice Standards and Training Commission under s. 943.12 may
 1022  submit to the department the fingerprints of the noncertified
 1023  employee to obtain state and national criminal history
 1024  information. The fingerprints shall be retained and entered in
 1025  the statewide automated biometric fingerprint identification
 1026  system authorized by s. 943.05 and must shall be available for
 1027  all purposes and uses authorized for arrest fingerprint
 1028  submissions entered in the statewide automated biometric
 1029  fingerprint identification system pursuant to s. 943.051. The
 1030  department shall search all arrest fingerprint submissions
 1031  received pursuant to s. 943.051 against the fingerprints
 1032  retained in the statewide automated biometric fingerprint
 1033  identification system pursuant to this section. In addition to
 1034  all purposes and uses authorized for arrest biometric
 1035  fingerprint submissions for which submitted fingerprints may be
 1036  used, any arrest record that is identified with the retained
 1037  employee fingerprints must be reported to the submitting
 1038  employing agency.
 1039         (13)(a) For the department to accept an electronic
 1040  fingerprint submission from:
 1041         1. A private vendor engaged in the business of providing
 1042  electronic fingerprint submission; or
 1043         2. A private entity or public agency that submits the
 1044  fingerprints of its own employees, volunteers, contractors,
 1045  associates, or applicants for the purpose of conducting a
 1046  required or permitted criminal history background check,
 1047  
 1048  the vendor, entity, or agency submitting the fingerprints must
 1049  enter into an agreement with the department which that at a
 1050  minimum obligates the vendor, entity, or agency to comply with
 1051  certain specified standards to ensure that all persons who have
 1052  having direct or indirect responsibility for verifying
 1053  information, taking fingerprints, identifying, and
 1054  electronically submitting fingerprints are qualified to do so.
 1055  The agreement must also and will ensure the integrity and
 1056  security of all personal information gathered from the persons
 1057  whose fingerprints are submitted.
 1058         (b) Such standards must shall include, but need not be
 1059  limited to, requirements requiring that:
 1060         1. All persons responsible for taking fingerprints and
 1061  collecting personal identifying information from the persons
 1062  being fingerprinted to meet current written state and federal
 1063  guidelines for identity verification and for recording legible
 1064  fingerprints;
 1065         2. The department and the Federal Bureau of Investigation’s
 1066  technical standards for the electronic submission of
 1067  fingerprints be are satisfied;
 1068         3. The fingerprint images electronically submitted satisfy
 1069  the department’s and the Federal Bureau of Investigation’s
 1070  quality standards; and
 1071         4. A person may not take his or her own fingerprints for
 1072  submission to the department.
 1073         (c) The requirement for entering into an agreement with the
 1074  department for this purpose does not apply to criminal justice
 1075  agencies as defined in s. 943.045(11) at s. 943.045(10).
 1076         (d) The agreement with the department must require the
 1077  vendor, entity, or agency to collect from the person or entity
 1078  on whose behalf the fingerprints are submitted the fees
 1079  prescribed by state and federal law for processing the
 1080  fingerprints for a criminal history check. The agreement must
 1081  provide that such fees be timely remitted to the department by a
 1082  payment mechanism approved by the department. If requested by
 1083  the vendor, entity, or agency, and with the approval of the
 1084  department, such fees may be timely remitted to the department
 1085  by a vendor, entity, or agency upon receipt of an invoice for
 1086  such fees from the department. Failure of a vendor, entity, or
 1087  agency to pay the amount due on a timely basis or as invoiced by
 1088  the department may result in the refusal by the department to
 1089  accept future fingerprint submissions until all fees due and
 1090  owing are paid.
 1091         Section 20. Subsection (1) of section 943.054, Florida
 1092  Statutes, is amended to read:
 1093         943.054 Exchange of federal criminal history records and
 1094  information.—
 1095         (1) Criminal history information derived from any United
 1096  States Department of Justice criminal justice information system
 1097  is available:
 1098         (a) To criminal justice agencies for criminal justice
 1099  purposes.
 1100         (b) Pursuant to applicable federal laws and regulations,
 1101  including those instituted by the National Crime Prevention and
 1102  Privacy Compact, 42 U.S.C. s. 14616, for use in connection with
 1103  licensing or local or state employment or for such other uses
 1104  only as authorized by federal or state laws which have been
 1105  approved by the United States Attorney General or the Attorney
 1106  General’s designee. When no active prosecution of the charge is
 1107  known to be pending, arrest data more than 1 year old is not
 1108  disseminated unless accompanied by information relating to the
 1109  disposition of that arrest.
 1110         (c) For issuance of press releases and publicity designed
 1111  to effect the apprehension of wanted persons in connection with
 1112  serious or significant offenses.
 1113         Section 21. Paragraphs (b) and (c) of subsection (2) of
 1114  section 943.0542, Florida Statutes, are amended to read:
 1115         943.0542 Access to criminal history information provided by
 1116  the department to qualified entities.—
 1117         (2)
 1118         (b) A qualified entity shall submit to the department a
 1119  request for screening an employee or volunteer or person
 1120  applying to be an employee or volunteer by submitting
 1121  fingerprints on a completed fingerprint card, or the request may
 1122  be submitted electronically. The qualified entity must maintain
 1123  a signed waiver allowing the release of the state and national
 1124  criminal history record information to the qualified entity.
 1125         (c) Each such request must be paid for accompanied by a fee
 1126  for a statewide criminal history check by the department
 1127  established by s. 943.053, plus the amount currently prescribed
 1128  by the Federal Bureau of Investigation for the national criminal
 1129  history check in compliance with the National Child Protection
 1130  Act of 1993, as amended. Payment must be made in the manner
 1131  prescribed by the department by rule.
 1132         Section 22. Subsection (2) of section 943.0544, Florida
 1133  Statutes, is amended to read:
 1134         943.0544 Criminal justice information network and
 1135  information management.—
 1136         (2) The department may develop, implement, maintain,
 1137  manage, and operate the Criminal Justice Network, which shall be
 1138  an intrastate network for agency intraagency information and
 1139  data-sharing network for use by the state’s criminal justice
 1140  agencies. The department, in consultation with the Criminal and
 1141  Juvenile Justice Information Systems Council, shall determine
 1142  and regulate access to the Criminal Justice Network by the
 1143  state’s criminal justice agencies.
 1144         Section 23. Section 943.055, Florida Statutes, is amended
 1145  to read:
 1146         943.055 Records and audit.—
 1147         (1) Criminal justice agencies disseminating criminal
 1148  justice information derived from a Department of Law Enforcement
 1149  criminal justice information system shall maintain a record of
 1150  dissemination in accordance with the user agreements in s.
 1151  943.0525 with rules adopted by the Department of Law
 1152  Enforcement.
 1153         (2) The Criminal Justice Information Program shall arrange
 1154  for any audits of state and local criminal justice and
 1155  noncriminal justice agencies necessary to assure compliance with
 1156  federal laws and regulations, this chapter, and rules of the
 1157  Department of Law Enforcement pertaining to the establishment,
 1158  operation, security, and maintenance of criminal justice
 1159  information systems.
 1160         Section 24. Subsection (2) of section 943.056, Florida
 1161  Statutes, is amended to read:
 1162         943.056 Access to, review and challenge of, criminal
 1163  history records.—
 1164         (2) Criminal justice agencies subject to chapter 120 shall
 1165  be subject to hearings regarding those portions of criminal
 1166  history records for which the agency served as originator. When
 1167  it is determined what the record should contain in order to be
 1168  complete and accurate, the Criminal Justice Information Program
 1169  shall be advised and shall conform state and federal records to
 1170  the corrected criminal history record information and shall
 1171  request that the federal records be corrected.
 1172         Section 25. Paragraphs (b) and (c) of subsection (3),
 1173  subsection (5), and subsection (6) of section 943.0582, Florida
 1174  Statutes, are amended to read:
 1175         943.0582 Prearrest, postarrest, or teen court diversion
 1176  program expunction.—
 1177         (3) The department shall expunge the nonjudicial arrest
 1178  record of a minor who has successfully completed a prearrest or
 1179  postarrest diversion program if that minor:
 1180         (b) Submits the application for prearrest or postarrest
 1181  diversion expunction no later than 12 6 months after completion
 1182  of the diversion program.
 1183         (c) Submits to the department, with the application, an
 1184  official written statement from the state attorney for the
 1185  county in which the arrest occurred certifying that he or she
 1186  has successfully completed that county’s prearrest or postarrest
 1187  diversion program, and that his or her participation in the
 1188  program was based on an arrest is strictly limited to minors
 1189  arrested for a nonviolent misdemeanor, and that he or she has
 1190  who have not otherwise been charged with or found to have
 1191  committed any criminal offense or comparable ordinance
 1192  violation.
 1193         (5) This section operates retroactively to permit the
 1194  expunction of any nonjudicial record of the arrest of a minor
 1195  who has successfully completed a prearrest or postarrest
 1196  diversion program on or after July 1, 2000; however, in the case
 1197  of a minor whose completion of the program occurred before the
 1198  effective date of this section, the application for prearrest or
 1199  postarrest diversion expunction must be submitted within 6
 1200  months after the effective date of this section.
 1201         (5)(6) Expunction or sealing granted under this section
 1202  does not prevent the minor who receives such relief from
 1203  petitioning for the expunction or sealing of a later criminal
 1204  history record as provided for in ss. 943.0585 and 943.059, if
 1205  the minor is otherwise eligible under those sections.
 1206         Section 26. Subsection (1), paragraph (f) of subsection
 1207  (2), and paragraphs (a) and (c) of subsection (4) of section
 1208  943.0585, Florida Statutes, are amended to read:
 1209         943.0585 Court-ordered expunction of criminal history
 1210  records.—The courts of this state have jurisdiction over their
 1211  own procedures, including the maintenance, expunction, and
 1212  correction of judicial records containing criminal history
 1213  information to the extent such procedures are not inconsistent
 1214  with the conditions, responsibilities, and duties established by
 1215  this section. Any court of competent jurisdiction may order a
 1216  criminal justice agency to expunge the criminal history record
 1217  of a minor or an adult who complies with the requirements of
 1218  this section. The court shall not order a criminal justice
 1219  agency to expunge a criminal history record until the person
 1220  seeking to expunge a criminal history record has applied for and
 1221  received a certificate of eligibility for expunction pursuant to
 1222  subsection (2). A criminal history record that relates to a
 1223  violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794,
 1224  s. 796.03, s. 800.04, s. 810.14, s. 817.034, s. 825.1025, s.
 1225  827.071, chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s.
 1226  893.135, s. 916.1075, a violation enumerated in s. 907.041, or
 1227  any violation specified as a predicate offense for registration
 1228  as a sexual predator pursuant to s. 775.21, without regard to
 1229  whether that offense alone is sufficient to require such
 1230  registration, or for registration as a sexual offender pursuant
 1231  to s. 943.0435, may not be expunged, without regard to whether
 1232  adjudication was withheld, if the defendant was found guilty of
 1233  or pled guilty or nolo contendere to the offense, or if the
 1234  defendant, as a minor, was found to have committed, or pled
 1235  guilty or nolo contendere to committing, the offense as a
 1236  delinquent act. The court may only order expunction of a
 1237  criminal history record pertaining to one arrest or one incident
 1238  of alleged criminal activity, except as provided in this
 1239  section. The court may, at its sole discretion, order the
 1240  expunction of a criminal history record pertaining to more than
 1241  one arrest if the additional arrests directly relate to the
 1242  original arrest. If the court intends to order the expunction of
 1243  records pertaining to such additional arrests, such intent must
 1244  be specified in the order. A criminal justice agency may not
 1245  expunge any record pertaining to such additional arrests if the
 1246  order to expunge does not articulate the intention of the court
 1247  to expunge a record pertaining to more than one arrest. This
 1248  section does not prevent the court from ordering the expunction
 1249  of only a portion of a criminal history record pertaining to one
 1250  arrest or one incident of alleged criminal activity.
 1251  Notwithstanding any law to the contrary, a criminal justice
 1252  agency may comply with laws, court orders, and official requests
 1253  of other jurisdictions relating to expunction, correction, or
 1254  confidential handling of criminal history records or information
 1255  derived therefrom. This section does not confer any right to the
 1256  expunction of any criminal history record, and any request for
 1257  expunction of a criminal history record may be denied at the
 1258  sole discretion of the court.
 1259         (1) PETITION TO EXPUNGE A CRIMINAL HISTORY RECORD.—Each
 1260  petition to a court to expunge a criminal history record is
 1261  complete only when accompanied by:
 1262         (a) A valid certificate of eligibility for expunction
 1263  issued by the department pursuant to subsection (2).
 1264         (b) The petitioner’s sworn statement attesting that the
 1265  petitioner:
 1266         1. Has never, before prior to the date on which the
 1267  petition is filed, been adjudicated guilty of a criminal offense
 1268  or comparable ordinance violation, or been adjudicated
 1269  delinquent for committing any felony or a misdemeanor specified
 1270  in s. 943.051(3)(b).
 1271         2. Has not been adjudicated guilty of, or adjudicated
 1272  delinquent for committing, any of the acts stemming from the
 1273  arrest or alleged criminal activity to which the petition
 1274  pertains.
 1275         3. Has never secured a prior sealing or expunction of a
 1276  criminal history record under this section, former s. 893.14,
 1277  former s. 901.33, or former s. 943.058, or s. 943.059 from any
 1278  jurisdiction outside the state, unless expunction is sought of a
 1279  criminal history record previously sealed for 10 years pursuant
 1280  to paragraph (2)(h) and the record is otherwise eligible for
 1281  expunction.
 1282         4. Is eligible for such an expunction to the best of his or
 1283  her knowledge or belief and does not have any other petition to
 1284  expunge or any petition to seal pending before any court.
 1285  
 1286  Any person who knowingly provides false information on such
 1287  sworn statement to the court commits a felony of the third
 1288  degree, punishable as provided in s. 775.082, s. 775.083, or s.
 1289  775.084.
 1290         (2) CERTIFICATE OF ELIGIBILITY FOR EXPUNCTION.—Prior to
 1291  petitioning the court to expunge a criminal history record, a
 1292  person seeking to expunge a criminal history record shall apply
 1293  to the department for a certificate of eligibility for
 1294  expunction. The department shall, by rule adopted pursuant to
 1295  chapter 120, establish procedures pertaining to the application
 1296  for and issuance of certificates of eligibility for expunction.
 1297  A certificate of eligibility for expunction is valid for 12
 1298  months after the date stamped on the certificate when issued by
 1299  the department. After that time, the petitioner must reapply to
 1300  the department for a new certificate of eligibility. Eligibility
 1301  for a renewed certification of eligibility must be based on the
 1302  status of the applicant and the law in effect at the time of the
 1303  renewal application. The department shall issue a certificate of
 1304  eligibility for expunction to a person who is the subject of a
 1305  criminal history record if that person:
 1306         (f) Has never secured a prior sealing or expunction of a
 1307  criminal history record under this section, former s. 893.14,
 1308  former s. 901.33, or former s. 943.058, or s. 943.059 unless
 1309  expunction is sought of a criminal history record previously
 1310  sealed for 10 years pursuant to paragraph (h) and the record is
 1311  otherwise eligible for expunction.
 1312         (4) EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.—Any
 1313  criminal history record of a minor or an adult which is ordered
 1314  expunged by a court of competent jurisdiction pursuant to this
 1315  section must be physically destroyed or obliterated by any
 1316  criminal justice agency having custody of such record; except
 1317  that any criminal history record in the custody of the
 1318  department must be retained in all cases. A criminal history
 1319  record ordered expunged that is retained by the department is
 1320  confidential and exempt from the provisions of s. 119.07(1) and
 1321  s. 24(a), Art. I of the State Constitution and not available to
 1322  any person or entity except upon order of a court of competent
 1323  jurisdiction. A criminal justice agency may retain a notation
 1324  indicating compliance with an order to expunge.
 1325         (a) The person who is the subject of a criminal history
 1326  record that is expunged under this section or under other
 1327  provisions of law, including former s. 893.14, former s. 901.33,
 1328  and former s. 943.058, may lawfully deny or fail to acknowledge
 1329  the arrests covered by the expunged record, except when the
 1330  subject of the record:
 1331         1. Is a candidate for employment with a criminal justice
 1332  agency;
 1333         2. Is a defendant in a criminal prosecution;
 1334         3. Concurrently or subsequently petitions for relief under
 1335  this section or s. 943.059;
 1336         4. Is a candidate for admission to The Florida Bar;
 1337         5. Is seeking to be employed or licensed by or to contract
 1338  with the Department of Children and Families Family Services,
 1339  the Division of Vocational Rehabilitation within the Department
 1340  of Education, the Agency for Health Care Administration, the
 1341  Agency for Persons with Disabilities, the Department of Health,
 1342  the Department of Elderly Affairs, or the Department of Juvenile
 1343  Justice or to be employed or used by such contractor or licensee
 1344  in a sensitive position having direct contact with children, the
 1345  disabled, or the elderly; or
 1346         6. Is seeking to be employed or licensed by the Department
 1347  of Education, any district school board, any university
 1348  laboratory school, any charter school, any private or parochial
 1349  school, or any local governmental entity that licenses child
 1350  care facilities.; or
 1351         7. Is seeking authorization from a seaport listed in s.
 1352  311.09 for employment within or access to one or more of such
 1353  seaports pursuant to s. 311.12.
 1354         (c) Information relating to the existence of an expunged
 1355  criminal history record which is provided in accordance with
 1356  paragraph (a) is confidential and exempt from the provisions of
 1357  s. 119.07(1) and s. 24(a), Art. I of the State Constitution,
 1358  except that the department shall disclose the existence of a
 1359  criminal history record ordered expunged to the entities set
 1360  forth in subparagraphs (a)1., 4., 5., and 6., and 7. for their
 1361  respective licensing, access authorization, and employment
 1362  purposes, and to criminal justice agencies for their respective
 1363  criminal justice purposes. It is unlawful for any employee of an
 1364  entity set forth in subparagraph (a)1., subparagraph (a)4.,
 1365  subparagraph (a)5., or subparagraph (a)6., or subparagraph (a)7.
 1366  to disclose information relating to the existence of an expunged
 1367  criminal history record of a person seeking employment, access
 1368  authorization, or licensure with such entity or contractor,
 1369  except to the person to whom the criminal history record relates
 1370  or to persons having direct responsibility for employment,
 1371  access authorization, or licensure decisions. Any person who
 1372  violates this paragraph commits a misdemeanor of the first
 1373  degree, punishable as provided in s. 775.082 or s. 775.083.
 1374         Section 27. Subsection (1), paragraph (e) of subsection
 1375  (2), and subsection (4) of section 943.059, Florida Statutes,
 1376  are amended to read:
 1377         943.059 Court-ordered sealing of criminal history records.
 1378  The courts of this state shall continue to have jurisdiction
 1379  over their own procedures, including the maintenance, sealing,
 1380  and correction of judicial records containing criminal history
 1381  information to the extent such procedures are not inconsistent
 1382  with the conditions, responsibilities, and duties established by
 1383  this section. Any court of competent jurisdiction may order a
 1384  criminal justice agency to seal the criminal history record of a
 1385  minor or an adult who complies with the requirements of this
 1386  section. The court shall not order a criminal justice agency to
 1387  seal a criminal history record until the person seeking to seal
 1388  a criminal history record has applied for and received a
 1389  certificate of eligibility for sealing pursuant to subsection
 1390  (2). A criminal history record that relates to a violation of s.
 1391  393.135, s. 394.4593, s. 787.025, chapter 794, s. 796.03, s.
 1392  800.04, s. 810.14, s. 817.034, s. 825.1025, s. 827.071, chapter
 1393  839, s. 847.0133, s. 847.0135, s. 847.0145, s. 893.135, s.
 1394  916.1075, a violation enumerated in s. 907.041, or any violation
 1395  specified as a predicate offense for registration as a sexual
 1396  predator pursuant to s. 775.21, without regard to whether that
 1397  offense alone is sufficient to require such registration, or for
 1398  registration as a sexual offender pursuant to s. 943.0435, may
 1399  not be sealed, without regard to whether adjudication was
 1400  withheld, if the defendant was found guilty of or pled guilty or
 1401  nolo contendere to the offense, or if the defendant, as a minor,
 1402  was found to have committed or pled guilty or nolo contendere to
 1403  committing the offense as a delinquent act. The court may only
 1404  order sealing of a criminal history record pertaining to one
 1405  arrest or one incident of alleged criminal activity, except as
 1406  provided in this section. The court may, at its sole discretion,
 1407  order the sealing of a criminal history record pertaining to
 1408  more than one arrest if the additional arrests directly relate
 1409  to the original arrest. If the court intends to order the
 1410  sealing of records pertaining to such additional arrests, such
 1411  intent must be specified in the order. A criminal justice agency
 1412  may not seal any record pertaining to such additional arrests if
 1413  the order to seal does not articulate the intention of the court
 1414  to seal records pertaining to more than one arrest. This section
 1415  does not prevent the court from ordering the sealing of only a
 1416  portion of a criminal history record pertaining to one arrest or
 1417  one incident of alleged criminal activity. Notwithstanding any
 1418  law to the contrary, a criminal justice agency may comply with
 1419  laws, court orders, and official requests of other jurisdictions
 1420  relating to sealing, correction, or confidential handling of
 1421  criminal history records or information derived therefrom. This
 1422  section does not confer any right to the sealing of any criminal
 1423  history record, and any request for sealing a criminal history
 1424  record may be denied at the sole discretion of the court.
 1425         (1) PETITION TO SEAL A CRIMINAL HISTORY RECORD.—Each
 1426  petition to a court to seal a criminal history record is
 1427  complete only when accompanied by:
 1428         (a) A valid certificate of eligibility for sealing issued
 1429  by the department pursuant to subsection (2).
 1430         (b) The petitioner’s sworn statement attesting that the
 1431  petitioner:
 1432         1. Has never, prior to the date on which the petition is
 1433  filed, been adjudicated guilty of a criminal offense or
 1434  comparable ordinance violation, or been adjudicated delinquent
 1435  for committing any felony or a misdemeanor specified in s.
 1436  943.051(3)(b).
 1437         2. Has not been adjudicated guilty of or adjudicated
 1438  delinquent for committing any of the acts stemming from the
 1439  arrest or alleged criminal activity to which the petition to
 1440  seal pertains.
 1441         3. Has never secured a prior sealing or expunction of a
 1442  criminal history record under this section, former s. 893.14,
 1443  former s. 901.33, former s. 943.058, s. 943.0585 or from any
 1444  jurisdiction outside the state.
 1445         4. Is eligible for such a sealing to the best of his or her
 1446  knowledge or belief and does not have any other petition to seal
 1447  or any petition to expunge pending before any court.
 1448  
 1449  Any person who knowingly provides false information on such
 1450  sworn statement to the court commits a felony of the third
 1451  degree, punishable as provided in s. 775.082, s. 775.083, or s.
 1452  775.084.
 1453         (2) CERTIFICATE OF ELIGIBILITY FOR SEALING.—Prior to
 1454  petitioning the court to seal a criminal history record, a
 1455  person seeking to seal a criminal history record shall apply to
 1456  the department for a certificate of eligibility for sealing. The
 1457  department shall, by rule adopted pursuant to chapter 120,
 1458  establish procedures pertaining to the application for and
 1459  issuance of certificates of eligibility for sealing. A
 1460  certificate of eligibility for sealing is valid for 12 months
 1461  after the date stamped on the certificate when issued by the
 1462  department. After that time, the petitioner must reapply to the
 1463  department for a new certificate of eligibility. Eligibility for
 1464  a renewed certification of eligibility must be based on the
 1465  status of the applicant and the law in effect at the time of the
 1466  renewal application. The department shall issue a certificate of
 1467  eligibility for sealing to a person who is the subject of a
 1468  criminal history record provided that such person:
 1469         (e) Has never secured a prior sealing or expunction of a
 1470  criminal history record under this section, former s. 893.14,
 1471  former s. 901.33, or former s. 943.058, or s. 943.0585.
 1472         (4) EFFECT OF CRIMINAL HISTORY RECORD SEALING.—A criminal
 1473  history record of a minor or an adult which is ordered sealed by
 1474  a court of competent jurisdiction pursuant to this section is
 1475  confidential and exempt from the provisions of s. 119.07(1) and
 1476  s. 24(a), Art. I of the State Constitution and is available only
 1477  to the person who is the subject of the record, to the subject’s
 1478  attorney, to criminal justice agencies for their respective
 1479  criminal justice purposes, which include conducting a criminal
 1480  history background check for approval of firearms purchases or
 1481  transfers as authorized by state or federal law, to judges in
 1482  the state courts system for the purpose of assisting them in
 1483  their case-related decisionmaking responsibilities, as set forth
 1484  in s. 943.053(5), or to those entities set forth in
 1485  subparagraphs (a)1., 4., 5., and 6., and 8. for their respective
 1486  licensing, access authorization, and employment purposes.
 1487         (a) The subject of a criminal history record sealed under
 1488  this section or under other provisions of law, including former
 1489  s. 893.14, former s. 901.33, and former s. 943.058, may lawfully
 1490  deny or fail to acknowledge the arrests covered by the sealed
 1491  record, except when the subject of the record:
 1492         1. Is a candidate for employment with a criminal justice
 1493  agency;
 1494         2. Is a defendant in a criminal prosecution;
 1495         3. Concurrently or subsequently petitions for relief under
 1496  this section or s. 943.0585;
 1497         4. Is a candidate for admission to The Florida Bar;
 1498         5. Is seeking to be employed or licensed by or to contract
 1499  with the Department of Children and Families Family Services,
 1500  the Division of Vocational Rehabilitation within the Department
 1501  of Education, the Agency for Health Care Administration, the
 1502  Agency for Persons with Disabilities, the Department of Health,
 1503  the Department of Elderly Affairs, or the Department of Juvenile
 1504  Justice or to be employed or used by such contractor or licensee
 1505  in a sensitive position having direct contact with children, the
 1506  disabled, or the elderly;
 1507         6. Is seeking to be employed or licensed by the Department
 1508  of Education, any district school board, any university
 1509  laboratory school, any charter school, any private or parochial
 1510  school, or any local governmental entity that licenses child
 1511  care facilities; or
 1512         7. Is attempting to purchase a firearm from a licensed
 1513  importer, licensed manufacturer, or licensed dealer and is
 1514  subject to a criminal history check under state or federal law.;
 1515  or
 1516         8. Is seeking authorization from a Florida seaport
 1517  identified in s. 311.09 for employment within or access to one
 1518  or more of such seaports pursuant to s. 311.12.
 1519         (b) Subject to the exceptions in paragraph (a), a person
 1520  who has been granted a sealing under this section, former s.
 1521  893.14, former s. 901.33, or former s. 943.058 may not be held
 1522  under any provision of law of this state to commit perjury or to
 1523  be otherwise liable for giving a false statement by reason of
 1524  such person’s failure to recite or acknowledge a sealed criminal
 1525  history record.
 1526         (c) Information relating to the existence of a sealed
 1527  criminal record provided in accordance with the provisions of
 1528  paragraph (a) is confidential and exempt from the provisions of
 1529  s. 119.07(1) and s. 24(a), Art. I of the State Constitution,
 1530  except that the department shall disclose the sealed criminal
 1531  history record to the entities set forth in subparagraphs (a)1.,
 1532  4., 5., and 6., and 8. for their respective licensing, access
 1533  authorization, and employment purposes. It is unlawful for any
 1534  employee of an entity set forth in subparagraph (a)1.,
 1535  subparagraph (a)4., subparagraph (a)5., or subparagraph (a)6.,
 1536  or subparagraph (a)8. to disclose information relating to the
 1537  existence of a sealed criminal history record of a person
 1538  seeking employment, access authorization, or licensure with such
 1539  entity or contractor, except to the person to whom the criminal
 1540  history record relates or to persons having direct
 1541  responsibility for employment, access authorization, or
 1542  licensure decisions. Any person who violates the provisions of
 1543  this paragraph commits a misdemeanor of the first degree,
 1544  punishable as provided in s. 775.082 or s. 775.083.
 1545         Section 28. Section 943.125, Florida Statutes, is amended
 1546  to read:
 1547         943.125 Accreditation of state and local law enforcement
 1548  agencies, correctional facilities, public agency offices of
 1549  inspectors general, and operations offering pretrial diversion
 1550  operations within offices of the state attorneys, the county
 1551  governments, or the sheriffs agency accreditation; intent.—
 1552         (1) It is the intent of the Legislature that law
 1553  enforcement agencies, correctional facilities, public agency
 1554  offices of inspectors general, and operations offering pretrial
 1555  diversion within offices of the state attorneys, the county
 1556  governments, or the sheriffs in the state be upgraded and
 1557  strengthened through the adoption of meaningful standards of
 1558  operation for those agencies, facilities, and offices and their
 1559  functions.
 1560         (2) It is the further intent of the Legislature that these
 1561  law enforcement agencies voluntarily adopt standards designed to
 1562  promote enhanced professionalism for:
 1563         (a) Equal and fair law enforcement, to maximize the
 1564  capability of law enforcement agencies to enforce the law and
 1565  prevent and control criminal activities, and to increase
 1566  interagency cooperation throughout the state.
 1567         (b) Correctional facilities, to maintain best practices for
 1568  the care, custody, and control of inmates.
 1569         (c) Public agency offices of inspectors general, to promote
 1570  more effective scrutiny of public agency operations and greater
 1571  accountability of those serving in those agencies.
 1572         (d) Operation and management of pretrial diversion programs
 1573  offered by and through the offices of the state attorneys, the
 1574  county governments, or the sheriffs.
 1575         (3) It is further the intent of the Legislature to
 1576  encourage the continuation of a voluntary state accreditation
 1577  program to facilitate the enhanced professionalism of the
 1578  agencies, facilities, and offices and their operations Florida
 1579  Sheriffs Association and the Florida Police Chiefs Association
 1580  to develop, either jointly or separately, a law enforcement
 1581  agency accreditation program. Other than the staff support by
 1582  the department as authorized in subsection (5), the
 1583  accreditation program must be independent of any law enforcement
 1584  agency, the Department of Corrections, the Florida Sheriffs
 1585  Association, or the Florida Police Chiefs Association.
 1586         (4) The law enforcement accreditation program must address,
 1587  at a minimum, the following aspects of law enforcement:
 1588         (a) Vehicle pursuits.
 1589         (b) Seizure and forfeiture of contraband articles.
 1590         (c) Recording and processing citizens’ complaints.
 1591         (d) Use of force.
 1592         (e) Traffic stops.
 1593         (f) Handling natural and manmade disasters.
 1594         (g) Special operations.
 1595         (h) Prisoner transfer.
 1596         (i) Collection and preservation of evidence.
 1597         (j) Recruitment and selection.
 1598         (k) Officer training.
 1599         (l) Performance evaluations.
 1600         (m) Law enforcement disciplinary procedures and rights.
 1601         (n) Use of criminal investigative funds.
 1602         (5) Subject to available funding, the department shall
 1603  employ and assign adequate support staff to the Commission for
 1604  Florida Law Enforcement Accreditation, Inc., and the Florida
 1605  Corrections Accreditation Commission in support of the
 1606  accreditation programs.
 1607         (6) The Commission for Florida Law Enforcement
 1608  Accreditation shall determine accreditation standards related to
 1609  law enforcement and inspectors general which must be used by the
 1610  accreditation programs established in this section. The Florida
 1611  Corrections Accreditation Commission, Inc., shall determine
 1612  accreditation standards related to corrections functions and
 1613  pretrial diversion programs.
 1614         Section 29. Subsection (5) of section 943.13, Florida
 1615  Statutes, is amended to read:
 1616         943.13 Officers’ minimum qualifications for employment or
 1617  appointment.—On or after October 1, 1984, any person employed or
 1618  appointed as a full-time, part-time, or auxiliary law
 1619  enforcement officer or correctional officer; on or after October
 1620  1, 1986, any person employed as a full-time, part-time, or
 1621  auxiliary correctional probation officer; and on or after
 1622  October 1, 1986, any person employed as a full-time, part-time,
 1623  or auxiliary correctional officer by a private entity under
 1624  contract to the Department of Corrections, to a county
 1625  commission, or to the Department of Management Services shall:
 1626         (5) Have documentation of his or her processed fingerprints
 1627  on file with the employing agency or, if a private correctional
 1628  officer, have documentation of his or her processed fingerprints
 1629  on file with the Department of Corrections or the Criminal
 1630  Justice Standards and Training Commission. If administrative
 1631  delays are caused by the department or the Federal Bureau of
 1632  Investigation and the person has complied with subsections (1)
 1633  (4) and (6)-(9), he or she may be employed or appointed for a
 1634  period not to exceed 1 calendar year from the date he or she was
 1635  employed or appointed or until return of the processed
 1636  fingerprints documenting noncompliance with subsections (1)-(4)
 1637  or subsection (7), whichever occurs first. Beginning January 15,
 1638  2007, the department shall retain and enter into the statewide
 1639  automated biometric fingerprint identification system authorized
 1640  by s. 943.05 all fingerprints submitted to the department as
 1641  required by this section. Thereafter, the fingerprints must
 1642  shall be available for all purposes and uses authorized for
 1643  arrest fingerprints fingerprint cards entered in the statewide
 1644  automated biometric fingerprint identification system pursuant
 1645  to s. 943.051. The department shall search all arrest
 1646  fingerprints fingerprint cards received pursuant to s. 943.051
 1647  against the fingerprints retained in the statewide automated
 1648  biometric fingerprint identification system pursuant to this
 1649  section and report to the employing agency any arrest records
 1650  that are identified with the retained employee’s fingerprints.
 1651  By January 1, 2008, a person who must meet minimum
 1652  qualifications as provided in this section and whose
 1653  fingerprints are not retained by the department pursuant to this
 1654  section must be refingerprinted. These fingerprints shall must
 1655  be forwarded to the department for processing and retention.
 1656         Section 30. Section 943.132, Florida Statutes, is amended
 1657  to read:
 1658         943.132 Implementation of federal law on qualified active
 1659  or retired law enforcement officers carrying concealed firearms
 1660  Law Enforcement Officers Safety Act of 2004.—
 1661         (1) The commission shall by rule establish the manner in
 1662  which Title 18, 44 U.S.C. ss. 926B and 926C, the federal Law
 1663  Enforcement Officers Safety Act of 2004, relating to the
 1664  carrying of concealed firearms by qualified law enforcement
 1665  officers and qualified retired law enforcement officers, as
 1666  defined in the act, shall be implemented in the state. In order
 1667  to facilitate the implementation within the state of Title 18,
 1668  44 U.S.C. ss. 926B and 926C, the commission shall develop and
 1669  authorize a uniform firearms proficiency verification card to be
 1670  issued to persons who achieve a passing score on the firing
 1671  range testing component as utilized in the minimum firearms
 1672  proficiency course applicable to active law enforcement
 1673  officers, indicating the person’s name and the date upon which
 1674  he or she achieved the passing score. Each such card shall be
 1675  issued only by firearms instructors currently certified by the
 1676  commission.
 1677         (2) Facilities operating firing ranges on which firearms
 1678  instructors certified by the commission administer the firing
 1679  range testing component as utilized in the minimum firearms
 1680  proficiency course applicable to active law enforcement officers
 1681  may open the firing range under terms and conditions established
 1682  by the operating entity to other persons for purposes of
 1683  allowing such persons to demonstrate their ability to achieve a
 1684  passing score on the firing range testing component as used
 1685  utilized in the minimum firearms proficiency course. All costs
 1686  associated with the demonstration by any such person that he or
 1687  she meets the requirements of the firing range testing component
 1688  as utilized in the minimum firearms proficiency course shall be
 1689  at the expense of the person being tested.
 1690         Section 31. Paragraph (a) of subsection (6) of section
 1691  943.1395, Florida Statutes, is amended to read:
 1692         943.1395 Certification for employment or appointment;
 1693  concurrent certification; reemployment or reappointment;
 1694  inactive status; revocation; suspension; investigation.—
 1695         (6) The commission shall revoke the certification of any
 1696  officer who is not in compliance with the provisions of s.
 1697  943.13(4) or who intentionally executes a false affidavit
 1698  established in s. 943.13(8), s. 943.133(2), or s. 943.139(2).
 1699         (a) The commission shall cause to be investigated any
 1700  ground for revocation from the employing agency pursuant to s.
 1701  943.139 or from the Governor, and the commission may cause
 1702  investigate verifiable complaints to be investigated. Any
 1703  investigation initiated by the commission pursuant to this
 1704  section must be completed within 6 months after receipt of the
 1705  completed report of the disciplinary or internal affairs
 1706  investigation from the employing agency or Governor’s office. A
 1707  verifiable complaint shall be completed within 1 year after
 1708  receipt of the complaint. An investigation shall be considered
 1709  completed upon a finding by a probable cause panel of the
 1710  commission. These time periods shall be tolled during the appeal
 1711  of a termination or other disciplinary action through the
 1712  administrative or judicial process or during the period of any
 1713  criminal prosecution of the officer.
 1714         Section 32. Subsection (2), paragraph (a) of subsection
 1715  (3), and subsection (6) of section 943.1755, Florida Statutes,
 1716  are amended to read:
 1717         943.1755 Florida Criminal Justice Executive Institute.—
 1718         (2) The institute is established within the Department of
 1719  Law Enforcement and affiliated with the State University System.
 1720  The Board of Governors of the State University System shall, in
 1721  cooperation with the Department of Law Enforcement, determine
 1722  the specific placement of the institute within the system. The
 1723  Bureau of Professional Development of the department maintains
 1724  responsibility for delivering and facilitating all Florida
 1725  Criminal Justice Executive Institute training.
 1726         (3) The institute shall cooperate with the Criminal Justice
 1727  Standards and Training Commission, and shall be guided and
 1728  directed by a policy board composed of the following members:
 1729         (a) The following persons shall serve on the policy board:
 1730         1. The executive director of the Department of Law
 1731  Enforcement or his or her designee.
 1732         2. The Secretary of Corrections or his or her designee.
 1733         3. The Commissioner of Education or his or her designee an
 1734  employee of the Department of Education designated by the
 1735  Commissioner.
 1736         4. The Secretary of Juvenile Justice or his or her
 1737  designee.
 1738         (6) Seven Six members constitute a quorum of the board.
 1739         Section 33. Section 943.1757, Florida Statutes, is amended
 1740  to read:
 1741         943.1757 Criminal justice executives; training; policy
 1742  report.—
 1743         (1) The Legislature finds that there exists a need to
 1744  provide training to criminal justice executives in the subject
 1745  of interpersonal skills relating to diverse populations, with an
 1746  emphasis on the awareness of cultural differences.
 1747         (2) The policy board of the Criminal Justice Executive
 1748  Institute shall identify the needs of criminal justice
 1749  executives regarding issues related to diverse populations, and
 1750  ensure that such needs are met through appropriate training.
 1751  Beginning January 1, 1995, and every 5 years thereafter, the
 1752  policy board shall provide to the appropriate substantive
 1753  committees of each house a report describing executive training
 1754  needs. In addition, The policy board shall prepare a biennial
 1755  report to the appropriate substantive committees of each house
 1756  describing how these needs are being met through training by the
 1757  Criminal Justice Executive Institute.
 1758         Section 34. Subsection (9) of section 943.25, Florida
 1759  Statutes, is amended to read:
 1760         943.25 Criminal justice trust funds; source of funds; use
 1761  of funds.—
 1762         (9) Up to $250,000 per annum from the Criminal Justice
 1763  Standards and Training Trust Fund may be used to develop,
 1764  validate, update, and maintain test or assessment instruments
 1765  and to include computer-based testing relating to selection,
 1766  employment, training, or evaluation of officers, instructors, or
 1767  courses. Pursuant to s. 943.12(4), (5), and (8), the commission
 1768  shall adopt those test or assessment instruments that which are
 1769  appropriate and job-related as minimum requirements.
 1770         Section 35. Subsection (14) of section 943.325, Florida
 1771  Statutes, is amended to read:
 1772         943.325 DNA database.—
 1773         (14) RESULTS.—The results of a DNA analysis and the
 1774  comparison of analytic results shall be released only to
 1775  criminal justice agencies as defined in s. 943.045(11) s.
 1776  943.045(10), at the request of the agency. Otherwise, such
 1777  information is confidential and exempt from the provisions of s.
 1778  119.07(1) and s. 24(a), Art. I of the State Constitution.
 1779         Section 36. Section 943.33, Florida Statutes, is amended to
 1780  read:
 1781         943.33 State-operated criminal analysis laboratories.—The
 1782  state-operated laboratories shall furnish laboratory service
 1783  upon request to law enforcement officials in the state. The
 1784  testing services of such laboratories by persons employed by or
 1785  acting on behalf of the department are shall also be available
 1786  to any defendant in a criminal case upon showing of good cause
 1787  and upon order of the court with jurisdiction in the case. When
 1788  such service is to be made available to the defendant, the order
 1789  shall be issued only after motion by the defendant and hearing
 1790  held after notice with a copy of the motion being served upon
 1791  the prosecutor and the state-operated laboratory from which the
 1792  service is being sought. As used in For purposes of this
 1793  section, the term “good cause” means a finding by the court that
 1794  the laboratory service being sought by the defendant is
 1795  anticipated to produce evidence that is relevant and material to
 1796  the defense;, that the service sought is one that which is
 1797  reasonably within the capacity of the state-operated laboratory
 1798  and will not be unduly burdensome upon the laboratory, impede
 1799  normal daily laboratory operations, negatively impact the
 1800  laboratory’s certifications or equipment calibration, and
 1801  violate the laboratory’s national certification or accreditation
 1802  standards; and that the service cannot be obtained from any
 1803  qualified private or nonstate operated laboratory within the
 1804  state or otherwise reasonably available to the defense. This
 1805  section does not authorize the presence of defense experts or
 1806  others representing the defense inside a state-operated
 1807  laboratory facility where actual testing or analysis is
 1808  occurring, and does not authorize the use of state-operated
 1809  laboratory equipment or facilities by defense experts or other
 1810  persons not employed by or acting on the behalf of the
 1811  department. The court shall assess the costs of all testing,
 1812  equipment operation, personnel costs, and any other costs
 1813  directly attributable to the court-ordered testing such service
 1814  ordered by the court to the defendant or the defendant’s
 1815  counsel, whether public, private, or pro bono, who obtained the
 1816  testing order local public defender’s office. The laboratory
 1817  providing the service ordered shall include with the report of
 1818  the analysis, comparison, or identification a statement of the
 1819  costs of the service provided and shall provide a copy of all
 1820  reports and analysis performed and cost statement being provided
 1821  to the prosecutor in the case and the court.
 1822         Section 37. Subsection (9) of section 943.68, Florida
 1823  Statutes, is amended to read:
 1824         943.68 Transportation and protective services.—
 1825         (9) The department shall submit a report each August July
 1826  15 to the Governor, the Legislature, and the Cabinet, detailing
 1827  all transportation and protective services provided under
 1828  subsections (1), (5), and (6) within the preceding fiscal year.
 1829  Each report shall include a detailed accounting of the cost of
 1830  such transportation and protective services, including the names
 1831  of persons provided such services and the nature of state
 1832  business performed.
 1833         Section 38. This act shall take effect July 1, 2013.