Florida Senate - 2015                             CS for SB 1316
       
       
        
       By the Committee on Criminal Justice; and Senator Soto
       
       
       
       
       
       591-03141-15                                          20151316c1
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s. 985.04,
    3         F.S.; specifying that certain confidential information
    4         obtained under ch. 985, F.S., relating to juvenile
    5         justice, is exempt from public records requirements;
    6         providing applicability; revising applicability of
    7         public records requirements with respect to the arrest
    8         records of certain juvenile offenders; providing for
    9         future review and repeal of such applicability
   10         provisions; amending s. 943.053, F.S.; providing an
   11         exemption from public records requirements for
   12         juvenile information compiled by the Criminal Justice
   13         Information Program from intrastate sources; providing
   14         exceptions; providing for future review and repeal of
   15         the exemption; providing for release by the Department
   16         of Law Enforcement of the criminal history information
   17         of a juvenile which has been deemed confidential and
   18         exempt under certain circumstances; amending ss.
   19         496.4101 and 943.056, F.S.; conforming provisions to
   20         changes made by the act; providing a statement of
   21         public necessity; providing an effective date.
   22          
   23  Be It Enacted by the Legislature of the State of Florida:
   24  
   25         Section 1. Subsections (1) and (2) of section 985.04,
   26  Florida Statutes, are amended to read:
   27         985.04 Oaths; records; confidential information.—
   28         (1)(a) Except as provided in subsections (2), (3), (6), and
   29  (7) and s. 943.053, all information obtained under this chapter
   30  in the discharge of official duty by any judge, any employee of
   31  the court, any authorized agent of the department, the Florida
   32  Commission on Offender Review, the Department of Corrections,
   33  the juvenile justice circuit boards, any law enforcement agent,
   34  or any licensed professional or licensed community agency
   35  representative participating in the assessment or treatment of a
   36  juvenile is confidential and exempt from s. 119.07(1) and s.
   37  24(a), Art. I of the State Constitution. This exemption applies
   38  to information obtained before, on, or after the effective date
   39  of this exemption.
   40         (b) Such confidential and exempt information may be
   41  disclosed only to the authorized personnel of the court, the
   42  department and its designees, the Department of Corrections, the
   43  Florida Commission on Offender Review, law enforcement agents,
   44  school superintendents and their designees, any licensed
   45  professional or licensed community agency representative
   46  participating in the assessment or treatment of a juvenile, and
   47  others entitled under this chapter to receive that information,
   48  or upon order of the court.
   49         (c) Within each county, the sheriff, the chiefs of police,
   50  the district school superintendent, and the department shall
   51  enter into an interagency agreement for the purpose of sharing
   52  information about juvenile offenders among all parties. The
   53  agreement must specify the conditions under which summary
   54  criminal history information is to be made available to
   55  appropriate school personnel, and the conditions under which
   56  school records are to be made available to appropriate
   57  department personnel. Such agreement shall require notification
   58  to any classroom teacher of assignment to the teacher’s
   59  classroom of a juvenile who has been placed in a probation or
   60  commitment program for a felony offense. The agencies entering
   61  into such agreement must comply with s. 943.0525, and must
   62  maintain the confidentiality of information that is otherwise
   63  exempt from s. 119.07(1), as provided by law.
   64         (2) Notwithstanding any other provisions of this chapter,
   65  the name, photograph, address, and crime or arrest report of a
   66  child:
   67         (a) Taken into custody if the child has been taken into
   68  custody by a law enforcement officer for a violation of law
   69  which, if committed by an adult, would be a felony;
   70         (b) Charged with a violation of law which, if committed by
   71  an adult, would be a felony Found by a court to have committed
   72  three or more violations of law which, if committed by an adult,
   73  would be misdemeanors;
   74         (c) Found to have committed an offense which, if committed
   75  by an adult, would be a felony; or Transferred to the adult
   76  system under s. 985.557, indicted under s. 985.56, or waived
   77  under s. 985.556;
   78         (d) Transferred to adult court, pursuant to part X of this
   79  chapter, Taken into custody by a law enforcement officer for a
   80  violation of law subject to s. 985.557(2)(b) or (d); or
   81         (e) Transferred to the adult system but sentenced to the
   82  juvenile system under s. 985.565
   83  
   84  are shall not be considered confidential and exempt from s.
   85  119.07(1) solely because of the child’s age.
   86         (e)This subsection is subject to the Open Government
   87  Sunset Review Act in accordance with s. 119.15 and shall stand
   88  repealed on October 2, 2020, unless reviewed and saved from
   89  repeal through reenactment by the Legislature.
   90         Section 2. Subsections (3), (8), (9), and (10) of section
   91  943.053, Florida Statutes, are amended to read:
   92         943.053 Dissemination of criminal justice information;
   93  fees.—
   94         (3)(a) Criminal history information, including information
   95  relating to an adult minors, compiled by the Criminal Justice
   96  Information Program from intrastate sources shall be available
   97  on a priority basis to criminal justice agencies for criminal
   98  justice purposes free of charge. After providing the program
   99  with all known personal identifying information, persons in the
  100  private sector and noncriminal justice agencies may be provided
  101  criminal history information upon tender of fees as established
  102  in this subsection and in the manner prescribed by rule of the
  103  Department of Law Enforcement. Any access to criminal history
  104  information by the private sector or noncriminal justice
  105  agencies as provided in this subsection shall be assessed
  106  without regard to the quantity or category of criminal history
  107  record information requested.
  108         (b)1.Criminal history information relating to a juvenile
  109  compiled by the Criminal Justice Information Program from
  110  intrastate sources shall be released as provided in this
  111  section. Such information is confidential and exempt from s.
  112  119.07(1) and s. 24(a), Art. I of the State Constitution, unless
  113  such juvenile has been:
  114         a.Taken into custody by a law enforcement officer for a
  115  violation of law which, if committed by an adult, would be a
  116  felony;
  117         b.Charged with a violation of law which, if committed by
  118  an adult, would be a felony;
  119         c.Found to have committed an offense which, if committed
  120  by an adult, would be a felony; or
  121         d.Transferred to adult court pursuant to part X of chapter
  122  985,
  123  
  124  and provided the criminal history record has not been expunged
  125  or sealed under any law applicable to such record.
  126         2.This paragraph is subject to the Open Government Sunset
  127  Review Act in accordance with s. 119.15 and shall stand repealed
  128  on October 2, 2020, unless reviewed and saved from repeal
  129  through reenactment by the Legislature.
  130         (c)1.Criminal history information relating to juveniles,
  131  including criminal history information consisting in whole or in
  132  part of information that is confidential and exempt under
  133  paragraph (b), shall be available to:
  134         a.A criminal justice agency for criminal justice purposes
  135  on a priority basis and free of charge;
  136         b.The person to whom the record relates, or his or her
  137  attorney;
  138         c.The parent, guardian, or legal custodian of the person
  139  to whom the record relates, provided such person has not reached
  140  the age of majority, been emancipated by a court, or been
  141  legally married; or
  142         d.An agency or entity specified in s. 943.0585(4) or s.
  143  943.059(4), for the purposes specified therein, and to any
  144  person within such agency or entity who has direct
  145  responsibility for employment, access authorization, or
  146  licensure decisions.
  147         2.After providing the program with all known personal
  148  identifying information, the criminal history information
  149  relating to a juvenile which is not confidential and exempt
  150  under this subsection may be released to the private sector and
  151  noncriminal justice agencies not specified in s. 943.0585(4) or
  152  s. 943.059(4) in the same manner as provided in paragraph (a).
  153  Criminal history information relating to a juvenile which is not
  154  confidential and exempt under this subsection is the entire
  155  criminal history information relating to a juvenile who
  156  satisfies any of the criteria listed in subparagraph (b)1.,
  157  except for any portion of such juvenile’s criminal history
  158  record which has been expunged or sealed under any law
  159  applicable to such record.
  160         3.All criminal history information relating to juveniles,
  161  other than that provided to criminal justice agencies for
  162  criminal justice purposes, shall be provided upon tender of fees
  163  as established in this subsection and in the manner prescribed
  164  by rule of the Department of Law Enforcement.
  165         (d)The fee for access to criminal history information by
  166  the private sector or a noncriminal justice agency shall be
  167  assessed without regard to the size or category of criminal
  168  history record information requested.
  169         (e)(b) The fee per record for criminal history information
  170  provided pursuant to this subsection and s. 943.0542 is $24 per
  171  name submitted, except that the fee for the guardian ad litem
  172  program and vendors of the Department of Children and Families,
  173  the Department of Juvenile Justice, and the Department of
  174  Elderly Affairs shall be $8 for each name submitted; the fee for
  175  a state criminal history provided for application processing as
  176  required by law to be performed by the Department of Agriculture
  177  and Consumer Services shall be $15 for each name submitted; and
  178  the fee for requests under s. 943.0542, which implements the
  179  National Child Protection Act, shall be $18 for each volunteer
  180  name submitted. The state offices of the Public Defender shall
  181  not be assessed a fee for Florida criminal history information
  182  or wanted person information.
  183         (8) Notwithstanding the provisions of s. 943.0525, and any
  184  user agreements adopted pursuant thereto, and notwithstanding
  185  the confidentiality of sealed records as provided for in s.
  186  943.059 and juvenile records as provided for in paragraph
  187  (3)(b), the sheriff of any county that has contracted with a
  188  private entity to operate a county detention facility pursuant
  189  to the provisions of s. 951.062 shall provide that private
  190  entity, in a timely manner, copies of the Florida criminal
  191  history records for its inmates. The sheriff may assess a charge
  192  for the Florida criminal history records pursuant to the
  193  provisions of chapter 119. Sealed records and confidential
  194  juvenile records received by the private entity under this
  195  section remain confidential and exempt from the provisions of s.
  196  119.07(1).
  197         (9) Notwithstanding the provisions of s. 943.0525, and any
  198  user agreements adopted pursuant thereto, and notwithstanding
  199  the confidentiality of sealed records as provided for in s.
  200  943.059 and juvenile records as provided for in paragraph
  201  (3)(b), the Department of Corrections shall provide, in a timely
  202  manner, copies of the Florida criminal history records for
  203  inmates housed in a private state correctional facility to the
  204  private entity under contract to operate the facility pursuant
  205  to the provisions of s. 944.105. The department may assess a
  206  charge for the Florida criminal history records pursuant to the
  207  provisions of chapter 119. Sealed records and confidential
  208  juvenile records received by the private entity under this
  209  section remain confidential and exempt from the provisions of s.
  210  119.07(1).
  211         (10) Notwithstanding the provisions of s. 943.0525 and any
  212  user agreements adopted pursuant thereto, and notwithstanding
  213  the confidentiality of sealed records as provided for in s.
  214  943.059 or of juvenile records as provided for in paragraph
  215  (3)(b), the Department of Juvenile Justice or any other state or
  216  local criminal justice agency may provide copies of the Florida
  217  criminal history records for juvenile offenders currently or
  218  formerly detained or housed in a contracted juvenile assessment
  219  center or detention facility or serviced in a contracted
  220  treatment program and for employees or other individuals who
  221  will have access to these facilities, only to the entity under
  222  direct contract with the Department of Juvenile Justice to
  223  operate these facilities or programs pursuant to the provisions
  224  of s. 985.688. The criminal justice agency providing such data
  225  may assess a charge for the Florida criminal history records
  226  pursuant to the provisions of chapter 119. Sealed records and
  227  confidential juvenile records received by the private entity
  228  under this section remain confidential and exempt from the
  229  provisions of s. 119.07(1). Information provided under this
  230  section shall be used only for the criminal justice purpose for
  231  which it was requested and may not be further disseminated.
  232         Section 3. Paragraph (b) of subsection (3) of section
  233  496.4101, Florida Statutes, is amended to read:
  234         496.4101 Licensure of professional solicitors and certain
  235  employees thereof.—
  236         (3)
  237         (b) Fees for state and federal fingerprint processing and
  238  fingerprint retention fees shall be borne by the applicant. The
  239  state cost for fingerprint processing is that authorized in s.
  240  943.053(3)(e) s. 943.053(3)(b) for records provided to persons
  241  or entities other than those specified as exceptions therein.
  242         Section 4. Subsection (1) of section 943.056, Florida
  243  Statutes, is amended to read:
  244         943.056 Criminal history records; access, review, and
  245  challenge.—
  246         (1) For purposes of verification of the accuracy and
  247  completeness of a criminal history record, the Department of Law
  248  Enforcement shall provide, in the manner prescribed by rule,
  249  such record for review upon verification, by fingerprints, of
  250  the identity of the requesting person. If a minor, or the parent
  251  or legal guardian of a minor, requests a copy of the minor’s
  252  criminal history record, the Department of Law Enforcement shall
  253  provide such copy, including any portions of the record which
  254  may be confidential under s. 943.053(3)(b), for review upon
  255  verification, by fingerprints, of the identity of the minor. The
  256  providing of such record shall not require the payment of any
  257  fees, except those provided for by federal regulations.
  258         Section 5. The Legislature finds that it is a public
  259  necessity that the criminal history information of juveniles who
  260  have not been adjudicated delinquent of a felony or who have
  261  been found only to have committed misdemeanor offenses and
  262  certain criminal history information relating to a juvenile
  263  compiled by the Criminal Justice Information Program be made
  264  confidential and exempt from s. 119.07(1), Florida Statutes, and
  265  s. 24(a), Article I of the State Constitution under ss. 985.04
  266  and 943.053, Florida Statutes. Many individuals who have either
  267  completed their sanctions and received treatment or who were
  268  never charged in the juvenile justice system have found it
  269  difficult to obtain employment. The presence of an arrest or a
  270  misdemeanor record in these individuals’ juvenile past and
  271  certain criminal history information relating to a juvenile
  272  compiled by the Criminal Justice Information Program creates an
  273  unnecessary barrier to becoming productive members of society,
  274  thus frustrating the rehabilitative purpose of the juvenile
  275  system. The Legislature therefore finds that it is in the best
  276  interest of the public that individuals with juvenile
  277  misdemeanor records are given the opportunity to become
  278  contributing members of society. Therefore, prohibiting the
  279  unfettered release of juvenile misdemeanor records and certain
  280  criminal history information relating to a juvenile compiled by
  281  the Criminal Justice Information Program is of greater
  282  importance than any public benefit that may be derived from the
  283  full disclosure and release of such arrest records and
  284  information.
  285         Section 6. This act shall take effect upon becoming a law.