The amendment to the rule clarifies fingerprint submission requirements

 

DEPARTMENT OF LAW ENFORCEMENT

Division of Criminal Justice Information Systems

RULE NO.:RULE TITLE:

11C-8.001Review Procedures

PURPOSE AND EFFECT: The amendment to the rule clarifies fingerprint submission requirements

SUMMARY: The rule change is requested to clarify fingerprint submission requirements

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), 943.05(2)(d), 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: June 20, 2023, 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)  No change.

(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. The fingerprinting must be taken by a law enforcement agency. The subject must pay any fees required by the law enforcement agency for providing this service. then be fingerprinted by a local law enforcement agency or by FDLE for identification purposes. The fingerprint card must contain all required identifying data. , and a conspicuous notation that the card is submitted in order to provide positive identification for a personal record review

(3) The request and completed fingerprint card should be mailed by the local law enforcement agency or the individual to FDLE. FDLE shall not require payment of any fees, except those provided for by federal regulations, for processing the fingerprint card or providing the resulting record.

(4) through (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, ______________..

 

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: May 23, 2023

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 29, 2022