Rule 11C-4.003, F.A.C.: deletes a reference to the submission of the state identification number (FDLE number) which is not used by FDLE; adds a requirement that arrest charges be submitted using a Florida Statute chapter, section and subsection ...

Division of Criminal Justice Information Systems

RULE NOS.: RULE TITLES:

11C-4.003Arrest Fingerprint Card Submission

11C-4.006Final Disposition Reporting

PURPOSE AND EFFECT: Rule 11C-4.003, F.A.C.: deletes a reference to the submission of the state identification number (FDLE number) which is not used by FDLE; adds a requirement that arrest charges be submitted using a Florida Statute chapter, section and subsection when available; and provides an email to contact with questions. Florida Statute Section 943.03(15) requires that a rule regarding the uniform reporting of statutes be adopted by December 31, 2012.

Rule 11C-4.006, F.A.C.: replaces a general reference to Clerks of Court submitting dispositions using “an automated format approved by the Director of the Criminal Justice Information Services” to specify the requirement to use automated submission software provided on the Criminal Justice Network; requires that disposition charges be reported using Florida Statute chapter, section and subsection when available; and provides an email to contact with questions.

SUMMARY: Provides direction to law enforcement agencies on the submission of arrest fingerprint records to the state criminal history repository at FDLE; provides direction to Clerks of Court and other criminal justice agencies on the submission of final court dispositions of arrest charges; requires that arrest charges and final court charges be submitted using a Florida Statute chapter, section and subsection when available; complies with statute.

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: This determination is based upon the nature of the subject matter of the proposed amendment. Other rules incorporating this rule: None. Effect on those other rules: None

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), 943.12(1), (2) FS.

LAW IMPLEMENTED: 943.0542(2)(a) 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, January 22, 2013 at 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, 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, 2331 Phillips Road, Tallahassee, Florida 32308

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

11C-4.003 Arrest Fingerprint Card Submission.

All law enforcement agencies of the State shall take the following action on all felony, misdemeanor, or comparable ordinance arrests of adults and on all felony and statutorily specified misdemeanor arrests of juveniles:

(1) Complete at the time of arrest an electronic submission of criminal arrest and fingerprint information containing legible quality fingerprint impressions, or a hard fingerprint card bearing equivalent information. Each arrest charge shall be reported using Florida Statutes chapter, section and subsection when available. The state identification number (FDLE NO.) should be recorded on each arrest fingerprint card when the arrestee has a prior arrest record.

(2) A minor transferred for prosecution as an adult shall be fingerprinted and the notation, “Treat as an adult,” shall be recorded on the criminal arrest fingerprint card by the arresting agency or clerk of certifying court.

(3) Submit on a daily basis all completed fingerprint cards to: Florida Department of Law Enforcement, Attention: Florida Crime Information Center Bureau, Post Office Box 1489, Tallahassee, Florida 32302-1489.

(4) Contact the Department with any arrest submission inquiries at [e-mail].

Rulemaking Authority 943.03(4), 943.05(2)(d), 943.051(2) FS. Law Implemented 943.05, 943.051 FS. History–New 6-24-76, Amended 6-27-78, Formerly 11C-4.03, Amended 7-7-99, 3-21-07, 6-9-08,___________.

11C-4.006 Final Disposition Reporting.

(1) Law enforcement agencies, units of government responsible for jail facilities, clerks of the court, Department of Corrections and Department of Juvenile Justice shall submit disposition data on criminal arrests, pretrial dispositions, trials, sentencing, confinement, parole and probation.

(2) Responsibility for completing and forwarding the final disposition report to the Department for arrests prior to January 1, 1988, may reside with an arresting agency, prosecuting authority or clerk of the court, according to arrangements agreed upon by authorities within each county or municipality. For arrests occurring after January 1, 1988, the clerks of the court, within each county, are responsible for submitting final disposition information to the Department. The responsible agency shall submit disposition data to the Department for each arrest as soon as received.

(3) Agencies, and clerks of the court possessing the technical requirements to collect, process, store, and disseminate disposition data in an automated information management system shall submit disposition information to the Department using the automated submission software available on the Criminal Justice Network in an automated format as approved by the Director of the Criminal Justice Information Services. Each court disposition charge shall be reported using Florida Statutes chapter, section and subsection when available.

(4) Contact the Department for information on how to access the disposition submission software at [e-mail].

Rulemaking Authority 943.03(4), 943.052 FS. Law Implemented 943.052 FS. History–New 6-24-76, Amended 11-12-81, Formerly 11C-4.06, Amended 7-7-99, 6-9-08,___________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Martha Wright at [phone], or [e-mail], or write to Florida Department of Law Enforcement, Criminal Justice Information Services, 2331 Phillips Road, Tallahassee, Florida 32308

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 11, 2012

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: November 20, 2012