The Commissioner of the Florida Department of Law Enforcement on August 2, 2007, denied a petition for a waiver of Rule 11C-6.004(309b), F.A.C., requested by the National Foundation to Prevent Child Sexual Abuse, Inc., Palm Beach County. The ...

 

DEPARTMENT OF LAW ENFORCEMENT
Division of Criminal Justice Information Systems

RULE NO: RULE TITLE
11C-6.004: Procedures for Requesting Criminal History Records

NOTICE IS HEREBY GIVEN THAT on August 2, 2007, the Florida Department of Law Enforcement has issued an order.

The Commissioner of the Florida Department of Law Enforcement on August 2, 2007, denied a petition for a waiver of paragraph 11C-6.004(3)(b), F.A.C., requested by the National Foundation to Prevent Child Sexual Abuse, Inc., Palm Beach County. The Petition was received on May 4, 2007. Notice of the petition was published in the F.A.W., Vol. 33, No. 22, June 1, 2007. No public comments were received. The Petitioner requested that the Department waive the fee for criminal history record checks on volunteers not presently residing in Florida, submitted pursuant to the National Child Protection Act of 1993, as amended, implemented at Section 943.0542, F.S. Pursuant to Section 120.542, F.S., in Case No. VAR 07-15, the Department denied this request for waiver of this rule because the fee at issue was set by statute rather than by rule, waiver of the fee is made discretionary by law, the petitioner could not demonstrate that a strict application of the rule would result in undue hardship to it, or would affect it differently from other similarly situated volunteers, and because petitioner had not successfully fulfilled the fee requirement imposed at Section 943.053(3), F.S., by other means.

A copy of the Order may be obtained by contacting: Grace A. Jaye, Assistant General Counsel, Florida Department of Law Enforcement, P. O. Box 1489, Tallahassee, FL 32302, telephone [phone]l.