Implement mandates pursuant to newly created s. 943.0433, F.S..

 

DEPARTMENT OF LAW ENFORCEMENT

Division of Local Law Enforcement Assistance

RULE NOS.:RULE TITLES:

11D-11.001Definitions

11D-11.002Procedures

PURPOSE AND EFFECT: Implement mandates pursuant to newly created s. 943.0433, F.S..

SUMMARY: New rule due to the creation of the Soliciting for Prostitution database, s. 943.0433, F.S..

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: 943.03(4), 943.0433, FS.

LAW IMPLEMENTED: 943.0433, 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: Thursday, March 5, 2020 at 10:00 a.m.

PLACE: Florida Department of Law Enforcement, Criminal Justice Professionalism, 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: Chris Bufano at [phone], or [e-mail], or write to Florida Department of Law Enforcement, Office of the General Counsel, 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: Chris Bufano at [phone], or [e-mail], or write to Florida Department of Law Enforcement, Office of the General Counsel, 2331 Phillips Road, Tallahassee, Florida 32308.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

11D-11.001 Definitions

(1) For implementation of this rule chapter the term “subsequently committed” as provided in s. 943.0433(2)(a) F.S. shall mean: having been found guilty as a result of a trial or having entered a plea of guilty or nolo contendere, regardless of whether adjudication is withheld.

(2) For implementation of this rule chapter the term “full legal name” as provided in s. 943.0433(3)(a) F.S. shall mean the full name as recorded in the criminal history record provided by the clerk of court pursuant to s. 796.07(5)(e) F.S.

(3) For implementation of this rule chapter the term “last known address” as provided in s. 943.0433(3)(b) F.S. shall mean the last known address as recorded in the criminal history record provided by the clerk of court pursuant to s. 796.07(5)(e) F.S.

(4) For implementation of this rule chapter the term “color photograph” as provided in s. 943.0433(3)(c) F.S. shall mean a photograph of the individual as contained in the criminal history record provided by the clerk of court pursuant to s. 796.07(5)(e) F.S., if applicable.

(5) For implementation of this rule chapter the term “offense for which he or she was convicted” as provided in s. 943.0433(3)(d) F.S. shall mean the offence(s) for which the clerk of court found met the criteria for submission to the Department pursuant to s. 796.07(5)(e) F.S.

Rulemaking Authority 943.03(4), 943.0433(4) FS. Law Implemented 943.0433 FS. History–New, _____________.

 

11D-11.002 Procedures

(1) Upon receipt of a criminal history record that the clerk of court has determined to meet the requirements of s. 796.07(5)(e), F.S. for inclusion on the Soliciting for Prostitution Database, the Department shall add such record to the database as required by s. 943.0433(1), F.S.

(2) The Department shall remove a criminal history record from the database only upon satisfaction of the requirements in s. 943.0433(2), F.S.

Rulemaking Authority 943.03(4), 943.0433(4) FS. Law Implemented 943.0433 FS. History–New, _____________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Assistant General Counsel Chris Bufano

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 4, 2020

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 30, 2019