11C-6.004: Procedures for Requesting Criminal History Records
11C-6.010: Retention of Applicant Fingerprints
PURPOSE AND EFFECT: Updates procedures for submission of criminal history records and fingerprints.
SUMMARY: Rule 11C-6.004, F.A.C. – Updates procedures for electronic submission of fingerprint cards.
Rule 11C-6.010, F.A.C. – Updates procedures for retention of applicant fingerprint information to FDLE.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: 943.03(4), 943.053(3), 943.0542, 943.056, 987.407(4), 1012.32(3), 1012.465, 1012.56 FS.
LAW IMPLEMENTED: 943.053(3), 943.0542, 943.056, 987.407, 1012.32(3), 1012.465, 1012.56 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: Wednesday, April 2, 2008, 10:00 a.m.
PLACE: 2331 Phillips Road, Tallahassee, Florida 32308-1489
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: Petrina Herring at (850)410-7100. 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: Petrina Herring, Florida Department of Law Enforcement, 2331 Phillips Road, Tallahassee, FL 32308, (850)410-7100
THE FULL TEXT OF THE PROPOSED RULE IS:
11C-6.004 Procedures for Requesting Criminal History Records.
(1) through (3) No change.
(4) Entities applying to the Florida Department of Law Enforcement to be qualified to receive criminal history records under the National Child Protection Act of 1993, as amended, must first complete and submit the following documents to the Florida Department of Law Enforcement, in accordance with the instructions provided: VECHS Qualified Entity Application – Volunteer & Employee Criminal History System (NCPA 1; Rev. January 1, 2001); and VECHS User Agreement – Volunteer & Employee Criminal History System (NCPA 2; Rev. January 1, 2001). Entities that are qualified through the Florida Department of Law Enforcement to receive criminal history records under the National Child Protection Act must complete an FBI authorized fingerprint card or electronic fingerprint submission for each person and submit it the following documents to the Florida Department of Law Enforcement for with each request for a criminal history record., in accordance with the instructions provided: An authorized fingerprint card for each person whose criminal history record is requested; and a VECHS Waiver Agreement and Statement – Volunteer & Employee Criminal History System (NCPA 3; Rev. January 1, 2001). Qualified entities that release to another qualified entity any criminal history record information received pursuant to the National Child Protection Act must complete and maintain the following document, in accordance with the instructions provided: VECHS Dissemination Log – Volunteer & Employee Criminal History System (NCPA 4, Rev. January 1, 2001). These forms are incorporated by reference.
Specific Authority 943.03(4), 943.053(3), 943.0542, 943.056 FS. Law Implemented 943.053(3), 943.0542, 943.056 FS. History–New 12-30-76, Amended 11-7-83, Formerly 11C-6.04, Amended 9-1-88, 4-1-93, 7-7-99, 8-22-00, 7-29-01, 12-3-03,_________.
11C-6.010 Retention of Applicant Fingerprints.
(1) through (6) No change.
(7) Noninstructional contractors who are subject to criminal history checks and whose fingerprints are retained in the AFRNP for five years under Section 1012.467, F.S., shall pay the prescribed fee for the five year retention period at initial submission of fingerprints. All other submissions which are retained Governmental agencies will be charged this fee annually in advance on the anniversary of the individual applicant’s initial entry into the program. in one of two ways according to the agency’s preference:
(a) Annually in advance on October 1; or
(b) Annually in advance on the anniversary of the individual applicant’s initial entry into the program.
(8) As a condition of participation in the AFRNP, the agency must inform the Department in writing 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 database. Without regard to whether an applicant fingerprint entry is retained in the AFRNP 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 applicant print will be retained as part of the criminal history record database. 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. With respect to any person previously entered in the database for whom the Department does not receive notification of removal by September 29 in the case of the first billing option above at subsection (7), or by two days prior to the anniversary date in the case of the second billing option, the annual fee must be paid.
Specific Authority 943.05(2)(g), (h), 987.407(4), 1012.32(3), 1012.465, 1012.56 FS. Law Implemented 987.407, 1012.32(3), 1012.465, 1012.56 FS. History–New 11-30-04, Amended________.