ENROLLED 2016 Legislature SB 628 2016628er 1 2 An act relating to fees for records; amending s. 3 943.053, F.S.; adding the Agency for Persons with 4 Disabilities to the list of specified state entities 5 and vendors that pay a reduced fee per record for 6 criminal history information for each name submitted; 7 reenacting ss. 110.1127(4), 435.04(1)(e), 8 496.4101(3)(b), and 943.0542(2)(c), F.S., relating to 9 employee background screenings and investigations, 10 level 2 screening standards, licensure of professional 11 solicitors and certain employees thereof, and access 12 to criminal history information provided by the 13 Department of Law Enforcement to qualified entities, 14 respectively, to incorporate the amendment made to s. 15 943.053, F.S., in references thereto; providing an 16 effective date. 17 18 Be It Enacted by the Legislature of the State of Florida: 19 20 Section 1. Subsection (3) of section 943.053, Florida 21 Statutes, is amended to read: 22 943.053 Dissemination of criminal justice information; 23 fees.— 24 (3)(a) Criminal history information, including information 25 relating to minors, compiled by the Criminal Justice Information 26 Program from intrastate sources shall be available on a priority 27 basis to criminal justice agencies for criminal justice purposes 28 free of charge. After providing the program with all known 29 personal identifying information, persons in the private sector 30 and noncriminal justice agencies may be provided criminal 31 history information upon tender of fees as established in this 32 subsection and in the manner prescribed by rule of the 33 Department of Law Enforcement. Any access to criminal history 34 information by the private sector or noncriminal justice 35 agencies as provided in this subsection shall be assessed 36 without regard to the quantity or category of criminal history 37 record information requested. 38 (b) The fee per record for criminal history information 39 provided pursuant to this subsection and s. 943.0542 is $24 per 40 name submitted, except that the fee for the guardian ad litem 41 program and vendors of the Department of Children and Families, 42 the Department of Juvenile Justice, the Agency for Persons with 43 Disabilities, and the Department of Elderly Affairs shall be $8 44 for each name submitted; the fee for a state criminal history 45 provided for application processing as required by law to be 46 performed by the Department of Agriculture and Consumer Services 47 shall be $15 for each name submitted; and the fee for requests 48 under s. 943.0542, which implements the National Child 49 Protection Act, shall be $18 for each volunteer name submitted. 50 The state offices of the Public Defender shall not be assessed a 51 fee for Florida criminal history information or wanted person 52 information. 53 Section 2. For the purpose of incorporating the amendment 54 made by this act to section 943.053, Florida Statutes, in a 55 reference thereto, subsection (4) of section 110.1127, Florida 56 Statutes, is reenacted to read: 57 110.1127 Employee background screening and investigations.— 58 (4) Background screening and investigations shall be 59 conducted at the expense of the employing agency. If 60 fingerprinting is required, the fingerprints shall be taken by 61 the employing agency, a law enforcement agency, or a vendor as 62 authorized pursuant to s. 435.04, submitted to the Department of 63 Law Enforcement for state processing, and forwarded by the 64 Department of Law Enforcement to the Federal Bureau of 65 Investigation for national processing. The agency or vendor 66 shall remit the processing fees required by s. 943.053 to the 67 Department of Law Enforcement. 68 Section 3. For the purpose of incorporating the amendment 69 made by this act to section 943.053, Florida Statutes, in a 70 reference thereto, paragraph (e) of subsection (1) of section 71 435.04, Florida Statutes, is reenacted to read: 72 435.04 Level 2 screening standards.— 73 (1) 74 (e) Vendors who submit fingerprints on behalf of employers 75 must: 76 1. Meet the requirements of s. 943.053; and 77 2. Have the ability to communicate electronically with the 78 state agency accepting screening results from the Department of 79 Law Enforcement and provide the applicant’s full first name, 80 middle initial, and last name; social security number or 81 individual taxpayer identification number; date of birth; 82 mailing address; sex; and race. 83 Section 4. For the purpose of incorporating the amendment 84 made by this act to section 943.053, Florida Statutes, in a 85 reference thereto, paragraph (b) of subsection (3) of section 86 496.4101, Florida Statutes, is reenacted to read: 87 496.4101 Licensure of professional solicitors and certain 88 employees thereof.— 89 (3) 90 (b) Fees for state and federal fingerprint processing and 91 fingerprint retention fees shall be borne by the applicant. The 92 state cost for fingerprint processing is that authorized in s. 93 943.053(3)(b) for records provided to persons or entities other 94 than those specified as exceptions therein. 95 Section 5. For the purpose of incorporating the amendment 96 made by this act to section 943.053, Florida Statutes, in a 97 reference thereto, paragraph (c) of subsection (2) of section 98 943.0542, Florida Statutes, is reenacted to read: 99 943.0542 Access to criminal history information provided by 100 the department to qualified entities.— 101 (2) 102 (c) Each such request must be accompanied by payment of a 103 fee for a statewide criminal history check by the department 104 established by s. 943.053, plus the amount currently prescribed 105 by the Federal Bureau of Investigation for the national criminal 106 history check in compliance with the National Child Protection 107 Act of 1993, as amended. Payments must be made in the manner 108 prescribed by the department by rule. 109 Section 6. This act shall take effect July 1, 2016.