Repeals Rule 11C-6.003, F.A.C.; adds certain repealed language to Rule 11C-6.004, F.A.C. Updates Rule 11C-6.010, F.A.C., to conform to recent legislative changes.

DEPARTMENT OF LAW ENFORCEMENT
Division of Criminal Justice Information Systems

RULE NO.: RULE TITLE:
11C-6.003: System Security and Public Access
11C-6.004: Procedures for Requesting Criminal History Records
11C-6.010: Retention of Applicant Fingerprints
PURPOSE AND EFFECT: Repeals Rule 11C-6.003, F.A.C.; adds certain repealed language to Rule 11C-6.004, F.A.C. Updates Rule 11C-6.010, F.A.C., to conform to recent legislative changes.
SUMMARY: Requests and procedures for criminal history record checks and retention of fingerprints are updated.
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: OTHER RULES INCORPORATING THIS RULE: N/A
EFFECT ON THOSE OTHER RULES: N/A
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 proposed rule is not expected to exceed any of the criteria set forth in Section 120.541(2)(a), F.S. and thus, a legislative ratification is not required under Section 120.541(3), F.S. This determination is based upon the nature of the proposed amendments.
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), 943.05(2)(g), (h), 943.053, 943.0542, 943.056, 1012.32(3), 1012.465, 1012.56 FS.
LAW IMPLEMENTED: 119.07, 220.187(6)(b), 551.107(7)(c), 744.3135(4)(b), 943.053, 943.05(2)(g), (h), 943.0542, 943.056, 943.13(5), 985.644(5)(b), 1002.421(3)(a), 1012.32(3), 1012.465, 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: Tuesday, February 28, 2012, 1:00 p.m.
PLACE: Florida Department of Law Enforcement, 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: Martha Wright at [phone] or [e-mail], or write to Florida Department of Law Enforcement, Criminal Justice Information Services, Attention: Martha Wright, 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: Martha Wright at [phone] or [e-mail], or write to Florida Department of Law Enforcement, Criminal Justice Information Services, Attention: Martha Wright, 2331 Phillips Road, Tallahassee, Florida 32308

THE FULL TEXT OF THE PROPOSED RULE IS:

11C-6.003 System Security and Public Access.

(1) 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, completed fingerprint card, and any other identifiers shall be provided.

(2) Not all criminal history records contained in or available through the record systems of the Florida Department of Law Enforcement are available to the public under the Florida Public Records Law, (e.g., records sealed or expunged by law, or derived from the Federal Bureau of Investigation criminal history record systems). Because federal and state privacy and security laws, rules and regulations preclude members of the public from personally making searches of the criminal history systems and records of the department, searches for criminal history records requested pursuant to Section 943.053, F.S., shall be conducted only by personnel of the department and those criminal justice agencies having access thereto through secure remote terminals for authorized purposes.

(3) Personnel conducting such searches shall insure that copies of records made available to the public contain no information deemed confidential or exempt from public disclosure by law.

(4) Whether the request for a record check is in writing or by the submission a completed fingerprint card, the document(s) will be returned with a notation affixed indicating the processing result along with a copy of any criminal history record associated with the record check subject.

(5) The public is advised that criminal history record checks conducted without the use of fingerprint identification procedures are unreliable. Moreover, the record provided may be inaccurate or incomplete due to the failure of an agency to make a report or because portions of the record are sealed, expunged, or are otherwise unavailable except to certain law enforcement or criminal justice agencies under state or federal law.

Rulemaking Specific Authority 943.03(4), 943.05(2)(d), 943.053 FS. Law Implemented 119.07, 943.053 FS. History–New 12-9-76, Formerly 11C-6.03, Amended 7-7-99, Repealed________.

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 directed to the following address:

Florida Department of Law Enforcement

Division of Criminal Justice Information Services

User Services Bureau

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) There shall be no charge for conducting record checks under paragraphs (2)(a) through (c).

(b) As provided in Section 943.053(3), F.S., a processing fee of $24 shall be charged for each subject inquired upon under paragraphs (2)(d) through (f), except that a fee of $8 shall be charged for each subject inquired upon for vendors of the Department of Children and Family Services, the Department of Juvenile Justice, and the Department of Elderly Affairs; a fee of $15 shall be charged for each subject inquired upon pursuant to a state criminal history record check required by law to be performed by the Department of Agriculture and Consumer Services; a fee of $18 shall be charged for each volunteer subject inquired upon under the National Child Protection Act of 1993, as amended; and no fee shall be charged for Florida criminal history information or wanted person information requested by the state offices of the Public Defender. If the Executive Director of the Department determines that conducting the record check would be in the interest of law enforcement or criminal justice or that good cause otherwise exists, the prescribed fee may be waived or reduced, as provided in Section 943.053(3), F.S.

(c) No change.

(4) No change.

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,________.

 

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 943.052, subject to the conditions specified in Section 943.05(2)(g), F.S., or as otherwise required by law, tThe Florida Department of Law Enforcement shall enter and retain in the Automated Fingerprint Identification System (AFIS) the applicant fingerprints submitted for state and national criminal history checks by such agencies or entities having statutory authorization, as indicated in the Law Implemented section below, 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 on paper or in a digitized for entry into AFIS, and shall be retained in the AFRNP database, in such a manner as to be distinct from the criminal history record database.

(3) Agencies or entities submitting applicant fingerprints upon request or as required by law in accordance with the authorizing statute, as indicated in the Law Implemented section below, shall notify individual applicants of the requirements of participation in the AFRNP.

(4) through (5) No change.

(6) The initial entry of an applicant’s fingerprints into the AFRNP 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 will be charged.

(7) through (8) No change.

Rulemaking Authority 943.05(2)(g), (h), 1012.32(3), 1012.465, 1012.56 FS. Law Implemented 220.187(6)(b), 551.107(7)(c), 744.3135(4)(b), 943.13(5), 985.644(5)(b), 1002.421(3)(a), 1012.32(3), 1012.465, 1012.56 FS. History–New 11-30-04, Amended 6-9-08, 9-28-09,________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Martha Wright
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Governor and Cabinet
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 15, 2011
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: October 14, 2011