Updating the rule to clarify the records review process and referencing the form in rule.

 

DEPARTMENT OF LAW ENFORCEMENT

Division of Criminal Justice Information Systems

RULE NO.:RULE TITLE:

11C-8.001Review Procedures

PURPOSE AND EFFECT: Updating the rule to clarify the records review process and referencing the form in rule.

SUMMARY: Updates to current business processes and including a referencing the Application for Personal Review in rule.

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.

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), 943.056 FS.

LAW IMPLEMENTED: 943.056 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: Monday, April 22, 2024 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 [phone], 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-8.001 Review Procedures.

(1) Any individual wishing to review their his criminal history record must submit a request in writing or complete a Application for Personal Review of Florida Criminal History Record FDLE form (CHRM-006 rev. May 2022). The Application for Personal Review of Florida Criminal History Record form may be obtained from:

to a local law enforcement agency or the

Florida Department of Law Enforcement (FDLE)

Criminal History Record Maintenance Section

Post Office Box 1489

Tallahassee, Florida 32302-1489

Email: [e-mail]

Telephone Number: [phone]

Website: http://www.fdle.state.fl.us/Criminal-History-Records/Personal-Review.aspx

(2) The individual must submit a legible set of fingerprints recorded on an FBI Applicant Fingerprint Card (FD-258, rev. 03/10) or FDLE fingerprint sheet. Fingerprints may not be submitted to FDLE by electronic means. Fingerprints The fingerprinting must be taken by a law enforcement agency or by a vendor engaged in the business of providing electronic fingerprint submissions which has an agreement in place with FDLE pursuant to Section 943.053(13), F.S. The fingerprint card must contain all required identifying data. The subject must pay any fees required by the law enforcement agency or vendor for providing this service. The fingerprint card must contain all required identifying data.

(3) – (5) No change.

(6) If, after an individual reviews their his own criminal history record as authorized in Rule 11C-8.001, F.A.C., the agency and the individual are unable to resolve their differences as to what that portion of the person’s record ought to contain or if, more particularly, the agency responsible for the portion of the record in issue refuses to correct its own records or to advise FDLE to correct or supplement the state records in accordance with the individual’s wishes, then the administrative review procedures set out in subsections (7) and (8) below, as appropriate, shall be followed.

(7)  - (9) No change.

Rulemaking Authority 943.03(4), 943.05(2)(d), 943.056 FS. Law Implemented 943.056 FS. History–New 6-24-76, Amended 11-12-81, Formerly 11C-8.01, Amended 7-7-99, 6-9-08, 8-30-23, ___________.

 

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: March 26, 2024

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 31, 2023