Rule 11C-6.004: Updating the rule due to revising the form referenced in rule and clarifying operations procedures for payment by check and money order. Rule 11C-6.009: Updating the rule to conform to the ATF 4473 form, ....

 

DEPARTMENT OF LAW ENFORCEMENT

Division of Criminal Justice Information Systems

RULE NOS.:RULE TITLES:

11C-6.004Procedures for Requesting Criminal History Records

11C-6.009Sale and Delivery of Firearms

11C-6.010Retention of Applicant Fingerprints

PURPOSE AND EFFECT: Rule 11C-6.004: Updating the rule due to revising the form referenced in rule and clarifying operations procedures for payment by check and money order.

Rule 11C-6.009: Updating the rule to conform to the ATF 4473 form, including email address for billing inquiries, and clarifying requirements of firearm dealers if they have changes to their business.

Rule 11C-6.010: Updating the rule to clarify requirements for agencies or entities participating in the retained fingerprint program.

SUMMARY: Clarifying operations procedures and updating forms.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The Department’s economic analysis of the adverse impact or potential regulatory costs of the proposed rule did not exceed any of the criteria established in Section 120.541(2)(a), Florida Statutes.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 790.065, 943.03(4), 943.05(2)(g), 943.05(2)(h), 943.053(3), 943.0542, 943.056, 1012.32(3), 1012.465, 1012.56 FS.

LAW IMPLEMENTED: 251.002, 381.986, 381.988, 435.12, 493.6105, 496.4101(3)(c), 550.105(10)(c), 551.107(7)(c), 559.555(2)(c)3., 560.141(1)(c)3., 744.3135(4)(b), 790.065, 790.0655, 943.053(3), 943.0542, 943.056, 943.13(5), 985.644(3)(c), 1002.395(6)(b)3., 1002.421(3)(a), 1012.32(3), 1012.465, 1012.467, 1012.56 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW (IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):

DATE AND TIME: Friday, January 10, 2025, at 10:00 a.m.

PLACE: Florida Department of Law Enforcement, Criminal Justice Information Services, 2331 Phillips Road, Tallahassee, Florida 32308.

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Rachel Truxell at 850-410-7100, or [e-mail], or write to Florida Department of Law Enforcement, Criminal Justice Information Services, 2331 Phillips Road, Tallahassee, Florida 32308. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Rachel Truxell at 850-410-7100, or [e-mail], or write to Florida Department of Law Enforcement, Criminal Justice Information Services, 2331 Phillips Road, Tallahassee, Florida 32308.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

11C-6.004 Procedures for Requesting Criminal History Records.

(1) Requests for Florida criminal history records contained in the systems of the Florida Department of Law Enforcement are to be requested through electronic means as provided by the Department or directed to the following address:

Florida Department of Law Enforcement

Division of Criminal Justice Information Services

Criminal History Services

Post Office Box 1489

Tallahassee, Florida 32302-1489.

In order for the Department to respond to requests for Florida criminal history information, the person or entity who wishes to review or secure such information shall provide to the Department the subject’s full name, race, sex, and date of birth or approximate age. If available, the social security number may be provided.

(2) No change.

(3) Fees.

(a) No change.

(b) As provided in Section 943.053(3)(e), F.S., a processing fee of $24 shall be charged for each subject inquired upon under paragraphs (2)(d) through (f), except that the fee for the guardian ad litem program, and vendors of the Department of Children and Families, the Department of Juvenile Justice, the Agency for Persons with Disabilities, and the Department of Elder Affairs shall be $8 for each name submitted; the fee for a state criminal history provided for application processing as required by law to be performed by the Department of Agriculture and Consumer Services shall be $15 for each name submitted; and the fee for requests under Section 943.0542, F.S., which implements the National Child Protection Act of 1993 (NCPA), as amended, shall be $18 for each volunteer name submitted. The state offices of the Public Defender or an office of criminal conflict and civil regional counsel shall not be assessed a fee for Florida criminal history information or wanted person information.

(c) The processing fee charged for each subject inquired upon via the internet shall be the fee authorized for inquiries from persons in the private sector in Section 943.053(3), F.S. This fee shall be assessed based on the inquiry regardless of whether the results show no criminal history record(s) record or some possible record(s) record. When an inquiry on one subject is made and more than one person is presented as possibly the same person, the customer will receive one criminal history record as a result of the prescribed payment. If the customer wants additional criminal history records from the list of persons presented for this same inquiry, a processing fee of $24 shall be charged for each additional criminal record. An additional credit card processing fee may apply.

(d) Payment methods for criminal history record inquiries are as follows:

1. Criminal history record requests submitted in writing shall be payable by check or money order. Payments remitted by check are subject to the following requirements: Checks shall be payable to the Florida Department of Law Enforcement and shall be payable only in United States dollars in the proper amount; there must be sufficient funds in the account to cover the entire cost of the record check(s); the check cannot be a starter (temporary/counter) check; the check must contain a check number; the check amount and line amount must match; the check date cannot be dated older than ninety (90) days; the check’s address must be included (pre-printed) on the check and cannot be handwritten or altered (including stickers/mailing labels); the payor’s signature must match the pre-printed name on the check, unless the check is from a company/business account; the check cannot be previously endorsed (signed or marked on the back). Payments remitted by money order are subject to the following requirements: Money orders must be payable to the Florida Department of Law Enforcement and shall be payable only in United States dollars in the proper amount; the money order must be dated, not to be older than one (1) year; the money order cannot be previously endorsed (signed or marked on the back).

2. through 3. No change.

(4) Entities applying to the Florida Department of Law Enforcement to be qualified to receive criminal history records under the NCPA National Child Protection Act of 1993, as amended, must first complete and submit the following documents to the Florida Department of Law Enforcement, in accordance with the instructions provided: VECHS Qualified Entity Application – Volunteer & Employee Criminal History System (NCPA 1; Rev. April 2024, hereby incorporated by reference https://www.flrules.org/Gateway/reference.asp?No=Ref-_____). May 2023 Entities that are qualified through the Florida Department of Law Enforcement to receive criminal history records under the NCPA National Child Protection Act must have their employees, volunteers, contractors, and vendors submit fingerprints electronically for each person to the Florida Department of Law Enforcement for each request for a criminal history record check. An employee means any person who receives remuneration from an employer for the performance of any work or service while engaged in any employment under any appointment or contract for hire or apprenticeship, express or implied, oral or written, this includes, persons who are being paid by the qualified entity as a contractor, a subcontractor, or a business or individual providing services as a vendor, shall qualify as an employee for this purpose. A volunteer shall be defined as any person who, of his or her own free will, provides goods or services, to any qualified entity, with no monetary or material compensation. Qualified entities that release to another qualified entity any criminal history record information received pursuant to the NCPA National Child Protection Act must complete and maintain the following document, in accordance with the instructions provided: VECHS Dissemination Log – Volunteer & Employee Criminal History System (NCPA 4, Rev. December 2021, hereby incorporated by reference https://www.flrules.org/Gateway/reference.asp?No=Ref-_____)http://www.flrules.org/Gateway/reference.asp?No=Ref-15825. These forms are incorporated by reference.

Rulemaking Authority 943.03(4), 943.053(3), 943.0542, 943.056 FS. Law Implemented 943.053(3), 943.0542, 943.056 FS. History–New 12-30-76, Amended 11-7-83, Formerly 11C-6.04, Amended 9-1-88, 4-1-93, 7-7-99, 8-22-00, 7-29-01, 12-3-03, 6-9-08, 6-3-10, 5-21-12, 3-13-13, 5-29-14, 9-4-16, 7-19-17, 8-15-18, 7-6-22, 8-30-23, 7-22-24, __________.

 

11C-6.009 Sale and Delivery of Firearms.

(1) through (6) No change.

(7) The dealer will record the decision and number provided by FDLE in the box in the top right corner labeled, Transferor’s/Seller’s Transaction Number and in the NICS or State transaction number block and in the box in the top right corner labeled, Transferor’s/Seller’s Transaction Number of ATF form F-4473 (5300.9) Section C (August 2023). When the transaction is approved, the dealer should complete Section C of the ATF form F-4473.

(8) through (9) No change.

(10) Questions about invoices received should be directed to:I have deleted the link

Florida Department of Law Enforcement

Office of Financial Management

Post Office Box 1489

Tallahassee, Florida 32302-1489

Telephone Number: [phone]

Email: [e-mail]

(11) through (17) No change.

(18) Dealers are required to notify FDLE of any changes in their business or mailing address, electronic mail address (e-mail), telephone number, or federal license status. Failure to do so will result in the dealer’s identification number being suspended. When the correct address(es) address and telephone number can be verified, and all outstanding invoices satisfied, service can be reinstated. Dealers with an expired federal license will not be able to process transactions. Dealers must have a valid active telephone number on file with FDLE that is answered during regular business hours.

(19) through (20) No change.

Rulemaking Authority 790.065, 943.03(4) FS. Law Implemented 790.065, 790.0655 FS., Title 18, U.S.C., Chapter 44, and Title 27, C.F.R., Part 178. History–New 6-2-91, Amended 7-7-99, 8-22-00, 12-18-00, 11-5-02, 7-29-15, 9-4-16, 7-19-17, 8-15-18, 7-9-19, 5-5-20, 8-30-23, 7-22-24, __________.

 

11C-6.010 Retention of Applicant Fingerprints.

(1) Upon official written request from an agency executive director, secretary, or designee, or from a qualified entity under Section 943.0542, F.S., subject to the conditions specified in Sections 943.05(2)(g) and (h), F.S., or as otherwise required by law, the Florida Department of Law Enforcement shall enter and retain in the Biometric Identification Solution System (BIS) system the applicant fingerprints submitted for state and national criminal history checks by such agencies or entities to participate in the Applicant Fingerprint Retention and Notification Program (AFRNP) for current and prospective employees, contractors, volunteers, and persons seeking to be licensed or certified.

(2) Such applicant fingerprints shall be submitted in an electronic format for entry into BIS, and shall be retained. Without regard to whether an applicant fingerprint entry is retained in the BIS database, data from an applicant fingerprint entry which would improve the quality or clarity of an arrest fingerprint entry will be merged with the arrest fingerprints, and the applicants fingerprints retained. An applicant fingerprint entry which is found to match a latent fingerprint taken from a crime scene will be retained as part of the criminal history database,  unless an arrest fingerprint offers a match that is at least as demonstrable.

(3) No change.

(4) When the subject of retained fingerprints is identified with fingerprints from an incoming Florida arrest, as confirmed by fingerprint comparison, the Department shall immediately advise the agency which submitted the applicant fingerprints of the arrest by means of an electronic notification in writing.

(5) No change.

(6) The initial entry of an applicant’s fingerprints into the BIS database must be accompanied by a state or a state and national criminal history records check. There is no additional fee for the first year of participation in the program. For each succeeding year, the $6 per record annual fee shall will be charged.

(7) Noninstructional contractors who are subject to criminal history checks and whose fingerprints are retained in the AFRNP for five (5) years under Sections 1012.467, and 435.12, F.S., shall pay the prescribed fee for the five (5) year retention period at the initial submission of fingerprints.

(8) As a condition of participation in the AFRNP, the agency or qualified entity must inform the Department in writing or electronically and receive written confirmation from the Department of all persons with retained fingerprints who are no longer employed, licensed, certified, or otherwise associated with the agency in order that such persons may be removed from the AFRNP. It is the responsibility of the participating agency or qualified entity to regularly review their retained applicants and promptly remove any retained applicant(s) from the database upon their separation of service.

Rulemaking Authority 943.05(2)(g), (h), 1012.32(3), 1012.465, 1012.56 FS. Law Implemented 251.002, 435.12, 496.4101(3)(c), 550.105(10)(c), 551.107(7)(c), 559.555(2)(c)3., 560.141(1)(c)3., 744.3135(4)(b), 943.13(5), 985.644(3)(c), 1002.395(6)(b)3., 1002.421(3)(a), 1012.32(3), 1012.465, 1012.467, 1012.56, 381.986, 381.988, 493.6105 FS. History–New 11-30-04, Amended 6-9-08, 9-28-09, 5-21-12, 9-4-16, _____________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Director Lucy Saunders

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Governor and Cabinet

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 17, 2024

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: November 4, 2024