11C-6.010. Retention of Applicant Fingerprints

(1) Upon official written request from an agency executive director, secretary, or designee, or from a qualified entity under Section 943.0542, F.S., subject to the conditions specified in Sections 943.05(2)(g) and (h), F.S., or as otherwise required by law, the Florida Department of Law Enforcement shall enter and retain in the Biometric Identification System (BIS) the applicant fingerprints submitted for state and national criminal history checks by such agencies or entities to participate in the Applicant Fingerprint Retention and Notification Program (AFRNP) for current and prospective employees, contractors, volunteers, and persons seeking to be licensed or certified.

(2) Such applicant fingerprints shall be submitted in an electronic format for entry into BIS, and shall be retained. Without regard to whether an applicant fingerprint entry is retained in the BIS database, data from an applicant fingerprint entry which would improve the quality or clarity of an arrest fingerprint entry will be merged with the arrest fingerprints, and the applicants fingerprints retained. An applicant fingerprint entry which is found to match a latent fingerprint taken from a crime scene will be retained as part of the criminal history database unless an arrest fingerprint offers a match that is at least as demonstrable.

(3) Agencies or entities submitting applicant fingerprints upon request or as required by law shall notify individual applicants of the requirements of participation in the AFRNP.

(4) When the subject of retained fingerprints is identified with fingerprints from an incoming Florida arrest, as confirmed by fingerprint comparison, the Department shall immediately advise the agency which submitted the applicant fingerprints of the arrest in writing.

(5) The annual fee for participation in the AFRNP shall be $6 per individual record retained. The fee is charged on the anniversary month of the applicant’s initial entry into the program.

(6) The initial entry of an applicant’s fingerprints into the BIS database must be accompanied by a state or a state and national criminal history records check. There is no additional fee for the first year of participation in the program. For each succeeding year, the $6 per record annual fee will be charged.

(7) Noninstructional contractors who are subject to criminal history checks and whose fingerprints are retained in the AFRNP for five years under Sections 1012.467, and 435.12, F.S., shall pay the prescribed fee for the five year retention period at the initial submission of fingerprints.

(8) As a condition of participation in the AFRNP, the agency or qualified entity must inform the Department in writing or electronically and receive written confirmation from the Department of all persons with retained fingerprints who are no longer employed, licensed, certified, or otherwise associated with the agency in order that such persons may be removed from the AFRNP.

Rulemaking Authority 943.05(2)(g), (h), 1012.32(3), 1012.465, 1012.56 FS. Law Implemented 435.12, 496.4101(3)(c), 550.105(10)(c), 551.107(7)(c), 559.555(2)(c)3., 560.141(1)(c)3., 744.3135(4)(b), 943.13(5), 985.644(3)(c), 1002.395(6)(b)3., 1002.421(3)(a), 1012.32(3), 1012.465, 1012.467, 1012.56 FS. History–New 11-30-04, Amended 6-9-08, 9-28-09, 5-21-12, 9-4-16.