11C-7.006: The revision makes a change to allow authorized providers to perform fingerprinting services in addition to law enforcement agencies. The current rule only allows law enforcement agencies to perform this service. ....

 

DEPARTMENT OF LAW ENFORCEMENT

Division of Criminal Justice Information Systems

RULE NOS.:RULE TITLES:

11C-7.006Procedures on Court-Ordered Expunctions

11C-7.007Procedures on Court-Ordered Sealings

11C-7.009Procedures on Juvenile Diversion Expunctions

11C-7.010Procedures on Early Juvenile Expunction

11C-7.012Procedures on Lawful Self-Defense Expunctions

PURPOSE AND EFFECT: 11C-7.006: The revision makes a change to allow authorized providers to perform fingerprinting services in addition to law enforcement agencies. The current rule only allows law enforcement agencies to perform this service.

11C-7.007: The revision makes a change to allow authorized providers to perform fingerprinting services in addition to law enforcement agencies. The current rule only allows law enforcement agencies to perform this service.

11C-7.009: The revision makes a change to allow authorized providers to perform fingerprinting services in addition to law enforcement agencies. The current rule only allows law enforcement agencies to perform this service.

11C-7.010: The revision makes a change to allow authorized providers to perform fingerprinting services in addition to law enforcement agencies. The current rule only allows law enforcement agencies to perform this service. Corrects a typographical error.

11C-7.012 The revision makes a change to allow authorized providers to perform fingerprinting services in addition to law enforcement agencies. The current rule only allows law enforcement agencies to perform this service. Corrects a typographical error.

SUMMARY: Amending rules to allow authorized providers to perform fingerprinting services in addition to law enforcement agencies. The current rule only allows law enforcement agencies to perform this service. With COVID-19 and reduction of law enforcement agencies providing fingerprint services to the public, this change in rule is necessary to allow other entities to provide fingerprinting services for the purpose of submitting seal and expunge applications.

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: 11C-7.006: 943.03(4), 943.058(2), FS; 11C-7.007: 943.03(4), 943.059(2), FS; 11C-7.009: 943.0582, FS; 11C-7.010: 943.0515(1), FS; 11C-7.012: 943.03(4), 943.0578 FS

LAW IMPLEMENTED: 11C-7.006: 943.0585, FS;11C-7.007: 943.059, FS; 11C-7.009: 943.0582, 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: Thursday, April 1, 2021, 10:00 a.m.

PLACE: Florida Department of Law Enforcement, Criminal Justice Professionalism, 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 [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: 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-7.006 Procedures on Court-Ordered Expunctions.

(1) Prior to petitioning the court to expunge a criminal history record, the subject must apply to the Department for a certificate of eligibility for expunction. The application packet for the certificate of eligibility must include:

(a) A money order, cashier’s check, certified check, personal check or business check for $75.00 made payable to the Florida Department of Law Enforcement. This processing fee is non-refundable, regardless of the results of the certification review. A fee waiver may be granted by the Executive Director of the Department upon submission of a written request and in his determination that the waiver is in the best interests of criminal justice.

(b) A completed Application for Certification of Eligibility. The subject must complete section A of the application. The Application for Certification of Eligibility (form number FDLE 40-021, rev. October 2019), which is hereby incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-11937, may be obtained from:

1. The Clerk of the Court, or

2. Florida Department of Law Enforcement

Seal and Expunge Section

Post Office Box 1489

Tallahassee, Florida 32302-1489

Email: [e-mail]

Telephone Number: [phone]

Website: http://www.fdle.state.fl.us/Seal-and-Expunge-Process/Seal-and-Expunge-Home

(c) The appropriate state attorney or statewide prosecutor may provide the required written certified statement by completing section B of the Application for Certification of Eligibility.

(d) 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 done 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 943.053(13), Florida Statutes. The subject must pay any fees required by the law enforcement agency or vendor for providing this service. If a copy of the Applicant Fingerprint Card or FDLE fingerprint sheet is needed, it may be obtained from:

1. The Clerk of the Court, or

2. Florida Department of Law Enforcement

Seal and Expunge Section

Post Office Box 1489

Tallahassee, Florida 32302-1489

Email: [e-mail]

Telephone Number: [phone]

Website: http://www.fdle.state.fl.us/Seal-and-Expunge-Process/Seal-and-Expunge-Home

(e) A certified copy of the disposition of the charge(s) to which the Application for Certificate of Eligibility to expunge pertains. The subject should obtain this document from the Clerk of the Court in the appropriate jurisdiction. The subject must pay any fees required by the Clerk of the Court for providing this service.

(2) through (4) No change.

(5) The Department will send the subject a Certificate of Eligibility (form number FDLE 40-023, rev. October 2019), if the specified criminal history record meets the requirements for expunction. If the specified criminal history record does not meet the requirements for expunction, the Department will send the subject a letter stating the reason for ineligibility with an explanation of appeal rights.

(6) No change.

Rulemaking Authority 943.03(4), 943.0585(2) FS. Law Implemented 943.0585 FS. History–New 8-5-92, Amended 7-7-99, 8-22-00, 6-9-08, 6-3-10, 7-29-15, 7-9-19, 5-5-20, ____________.

 

11C-7.007 Procedures on Court-Ordered Sealings.

(1) Prior to petitioning the court to seal a criminal history record, the subject must apply to the Department for a certificate of eligibility for sealing. The application packet for the certificate of eligibility must include:

(a) A money order, cashier’s check, certified check, personal check or business check for $75.00 made payable to the Florida Department of Law Enforcement. This processing fee is non-refundable, regardless of the results of the certification review. A fee waiver may be granted by the Executive Director of the Department upon submission of a written request and in his determination that the waiver is in the best interests of criminal justice.

(b) A completed Application for Certification of Eligibility. The subject must complete section A of the application. The Application for Certification of Eligibility (form number FDLE 40-021, rev. October 2019 and incorporated by reference) http://www.flrules.org/Gateway/reference.asp?No=Ref-11937, may be obtained from:

1. The Clerk of the Court, or

2. Florida Department of Law Enforcement

Seal and Expunge Section

Post Office Box 1489

Tallahassee, Florida 32302-1489

Email: [e-mail]

Telephone Number: [phone]

Website: http://www.fdle.state.fl.us/Seal-and-Expunge-Process/Seal-and-Expunge-Home

(c) 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 done 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 943.053(13), Florida Statutes. The subject must pay any fees required by the law enforcement agency or vendor for providing this service. If a copy of the Applicant Fingerprint Card or FDLE fingerprint sheet is needed, it may be obtained from:

1. The Clerk of the Court, or

2. Florida Department of Law Enforcement

Seal and Expunge Section

Post Office Box 1489

Tallahassee, Florida 32302-1489

Email: [e-mail]

Telephone Number: [phone]

Website: http://www.fdle.state.fl.us/Seal-and-Expunge-Process/Seal-and-Expunge-Home

(d) A certified copy of the disposition of the charge or charges to which the Application for Certificate of Eligibility to seal pertains. The subject should obtain this document from the Clerk of the Court in the appropriate jurisdiction. The subject must pay any fees required by the Clerk of the Court for providing this service.

(2) through (6) No change.

Rulemaking Authority 943.03(4), 943.059(2) FS. Law Implemented 943.059 FS. History–New 8-5-92, Amended 7-7-99, 8-22-00, 6-9-08, 6-3-10, 7-9-19, 5-5-20, ____________.

 

11C-7.009 Procedures on Juvenile Diversion Expunctions.

(1) A minor who has successfully completed a diversion program as authorized by Section 985.125, F.S., which program satisfies the requirements found at Section 943.0582, F.S., may apply directly to the Department for expunction of the minor’s juvenile nonjudicial arrest record. The application packet for the Juvenile Diversion Expunction must include:

(a) A completed Application for Juvenile Diversion Expunction. The subject must complete section A of the application. The Application for Juvenile Diversion Expunction, form number FDLE 40-025 (rev. October 2019), hereby incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-11935, may be obtained from:

1. The Clerk of the Court, or

2. Florida Department of Law Enforcement

Seal and Expunge Section

Post Office Box 1489

Tallahassee, Florida 32302-1489

Email: [e-mail]

Telephone Number: [phone]

Website: http://www.fdle.state.fl.us/Seal-and-Expunge-Process/Seal-and-Expunge-Home

(b) The state attorney must provide the required written certification statement by completing section B of the Application for Juvenile Diversion Expunction.

(c) 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 done 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 943.053(13), Florida Statutes. The subject must pay any fees required by the law enforcement agency or vendor for providing this service. If a copy of the Applicant Fingerprint Card or FDLE fingerprint sheet is needed, it may be obtained from:

1. The Clerk of the Court, or

2. Florida Department of Law Enforcement

Seal and Expunge Section

Post Office Box 1489

Tallahassee, Florida 32302-1489

Email: [e-mail]

Telephone Number: [phone]

Website: http://www.fdle.state.fl.us/Seal-and-Expunge-Process/Seal-and-Expunge-Home

(2) through (6) No change.

Rulemaking Authority 943.0582 FS. Law Implemented 943.0582 FS. History–New 11-5-02, Amended 6-9-08, 5-29-14, 7-20-17, 7-9-19, 5-5-20, __________.

 

11C-7.010 Procedures on Early Juvenile Expunction.

(1) A person who has not been committed to a juvenile correctional facility or juvenile prison under Chapter 985, F.S., may apply directly to the Department to have his or her juvenile criminal history record expunged, provided he or she is at least 18 years of age but less than 21 years of age. To be eligible for this form of expunction, the applicant must not have been charged by the state attorney with or found to have committed any criminal offense within the 5-year period before the application date. The application for the Early Juvenile Expunction must include:

(a) A money order, cashier’s check, certified check, personal check, or business check for $75.00 made payable to the Florida Department of Law Enforcement. This processing fee is non-refundable, regardless of whether the application for expunction is granted. A fee waiver may be granted by the Executive Director of the Department, upon submission of a written request, and in his or her determination that the waiver is in the best interests of criminal justice.

(b) A completed Application for Early Juvenile Expunction. The subject must complete section A of the application. The Application for Early Juvenile Expunction, (form number FDLE 40-028, rev. October 2019), hereby incorporated by reference, https://www.flrules.org/Gateway/reference.asp?No=Ref-11934, may be obtained from:

1. The Clerk of the Court, or

2. Florida Department of Law Enforcement

Seal and Expunge Section

Post Office Box 1489

Tallahassee, Florida 32302-1489

Email: [e-mail]

Telephone Number: [phone]

Website: http://www.fdle.state.fl.us/cms/Seal-and-Expunge-Process/Seal-and-Expunge-Home

(c) The state attorney for the circuit having jurisdiction over the arrest may provide the required written certified statement by completing section B of the Application for Early Juvenile Expunction.

(d) 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 done 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 943.053(13), Florida Statutes. The subject must pay any fees required by the law enforcement agency or vendor for providing this service. If a copy of the Applicant Fingerprint Card or FDLE fingerprint sheet is needed, it may be obtained from:

1. The Clerk of the Court, or

2. Florida Department of Law Enforcement

Seal and Expunge Section

Post Office Box 1489

Tallahassee, Florida 32302-1489

Email: [e-mail]

Telephone Number: [phone]

Website: http://www.fdle.state.fl.us/cms/Seal-and-Expunge-Process/Seal-and-Expunge-Home

(e) A sworn, written statement from the applicant that he or she is no longer under court supervision applicable to the disposition of the arrest or alleged criminal activity to which the application pertains, and that he or she has not been charged with or found to have committed a criminal offense, in any jurisdiction of the state or within the United States, within the 5-year period before the application date.

(f) A certified copy of the disposition of the charge or charges to which the Application for Early Juvenile Expunction pertains. The subject should obtain this document from the Clherk of the Court in the appropriate jurisdiction. The subject must pay any fees required by the Clherk of the Court for providing this service.

(2) through (5) No change.

Rulemaking Authority 943.0515(1) FS. Law Implemented 943.0515(1) FS. History–New 7-20-17, Amended 7-9-19, 5-5-20, __________.

 

11C-7.012 Procedures on Lawful Self-Defense Expunctions.

(1) Prior to petitioning the court for an expunction of a criminal history record, the subject must apply to the Department for a certificate of eligibility for expunction. The application for the certificate of eligibility must include:

(a) A money order, cashier’s check, certified check, personal check or business check in the amount of $75.00 made payable to the Florida Department of Law Enforcement. This processing fee is non-refundable, regardless of the results of the certification review. A fee waiver may be granted by the Executive Director of the Department upon submission of a written request and in his determination that the waiver is in the best interests of criminal justice.

(b) A completed Application for a Certification of Eligibility for Lawful Self-Defense Expunction. The subject must complete section A of the application. The Application for Certification of Eligibility for Lawful Self-Defense Expunction under Section 943.0578 F.S. (form number FDLE 40-026, rev. October 2019), are hereby incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-11936, may be obtained from:

1. The Clerk of the Court, or

2. Florida Department of Law Enforcement

Seal and Expunge Section

Post Office Box 1489

Tallahassee, Florida 32302-1489

Email: [e-mail]

Telephone Number: [phone]

Website: http://www.fdle.state.fl.us/Seal-and-Expunge-Process/Seal-and-Expunge-Home

(c) The appropriate state attorney or statewide prosecutor must provide the required written certified statement by completing section B of the Application for Certification of Eligibility.

(d) 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 done 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 943.053(13), Florida Statutes. The subject must pay any fees required by the law enforcement agency or vendor for providing this service. If a copy of the Applicant Fingerprint Card or FDLE fingerprint sheet is needed, it may be obtained from:

1. The Clerk of the Court, or

2. Florida Department of Law Enforcement

Seal and Expunge Section

Post Office Box 1489

Tallahassee, Florida 32302-1489

Email: [e-mail]

Telephone Number: [phone]

Website: http://www.fdle.state.fl.us/Seal-and-Expunge-Process/Seal-and-Expunge-Home

(e) A certified copy of the disposition of the charge or charges to which the application to expunge pertains. The subject should obtain this document from the Clerk of the Court in the appropriate jurisdiction. The subject must pay any fees required by the Clerk of the Court for providing this service.

(2) through (3) No change.

(4) If the application packet is complete, the Department will review the submitted applicant and written certfied statement from the appropriate state attorney or statewide prosectuor, to determine if the applicant meets the requirements for a lawful self-defense expungement, which are listed in Section 943.05787, F.S. Questions regarding the status of a review should be directed to the Seal and Expunge Section at [phone].

(5) through (6) No change.

Rulemaking Authority 943.03(4), 943.0578(5) FS. Law Implemented 943.0578 FS. History–New 5-5-20, _____________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Director Charles Shaffer

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 9, 2021

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 29, 2020