Florida Senate - 2024                                    SB 7058
       
       
        
       By the Committee on Governmental Oversight and Accountability
       
       
       
       
       
       585-03027-24                                          20247058__
    1                        A bill to be entitled                      
    2         An act relating to criminal history checks for the
    3         Florida State Guard; creating s. 251.002, F.S.;
    4         requiring applicants for the Florida State Guard to
    5         submit a complete set of fingerprints to the Division
    6         of the State Guard or other specified entity, vendor,
    7         or agency; requiring that the division or such entity,
    8         vendor, or agency forward the fingerprints to the
    9         Department of Law Enforcement for processing and that
   10         the department forward the fingerprints to the Federal
   11         Bureau of Investigation for a national criminal
   12         history check; requiring the Department of Military
   13         Affairs, and authorizing the division, to review
   14         certain results and make a specified determination;
   15         requiring the division to bear the fees for state and
   16         federal processing of the fingerprints; specifying the
   17         state cost for fingerprint processing; requiring that
   18         the fingerprints be retained by the Department of Law
   19         Enforcement in accordance with a specified provision
   20         and enrollment of the fingerprints in the Federal
   21         Bureau of Investigation’s national retained print
   22         arrest notification program; requiring that identified
   23         arrest records to be sent to the division; granting
   24         rulemaking authority to the Department of Military
   25         Affairs and the division; providing an effective date.
   26          
   27  Be It Enacted by the Legislature of the State of Florida:
   28  
   29         Section 1. Section 251.002, Florida Statutes, is created to
   30  read:
   31         251.002 Criminal history checks for applicants for the
   32  Florida State Guard.—
   33         (1) Each applicant for the Florida State Guard must submit
   34  a complete set of fingerprints to the Division of the State
   35  Guard or to the entity, vendor, or agency authorized by s.
   36  943.053(13) to accept electronic fingerprints. The division,
   37  entity, vendor, or agency, as applicable, shall forward the
   38  fingerprints to the Department of Law Enforcement for state
   39  processing, and the Department of Law Enforcement shall forward
   40  the fingerprints to the Federal Bureau of Investigation for a
   41  national criminal history record check.
   42         (2) The Department of Military Affairs shall, and the
   43  Division of the State Guard may, review the results of the state
   44  and national criminal history record checks and determine
   45  whether the applicant meets the specified qualifications to
   46  serve in the Florida State Guard.
   47         (3) Fees for state and federal fingerprint processing and
   48  retention must be borne by the Division of the State Guard. The
   49  state cost for fingerprint processing must be as provided in s.
   50  943.053(3)(e).
   51         (4) Fingerprints submitted to the Department of Law
   52  Enforcement pursuant to this section must be retained by the
   53  Department of Law Enforcement as provided in s. 943.05(2)(g) and
   54  (h) along with enrollment of the fingerprints in the Federal
   55  Bureau of Investigation’s national retained print arrest
   56  notification program. Any arrest record identified must be
   57  reported to the Division of the State Guard.
   58         (5) The Department of Military Affairs may, and the
   59  Division of the State Guard shall, adopt rules to implement
   60  subsection (1).
   61         Section 2. This act shall take effect upon becoming a law.