Section 943.05, Florida Statutes 2009
943.05 Criminal Justice Information Program; duties; crime reports.--
(1) There is created a Criminal Justice Information Program within the Department of Law Enforcement. The program shall be supervised by personnel who shall be employed by the department upon the recommendation of the executive director. Such personnel shall supervise, direct, coordinate, and administer activities of the program which are assigned by the executive director.
(2) The program shall:
(a) Establish and maintain a communication system capable of transmitting criminal justice information to and between criminal justice agencies.
(b) Establish, implement, and maintain a statewide automated fingerprint identification system capable of, but not limited to, reading, classifying, matching, and storing fingerprints, rolled fingerprints, and latent fingerprints. The system shall be available to every criminal justice agency that is responsible for the administration of criminal justice.
(c) Initiate a crime information system that shall be responsible for:
1. Preparing and disseminating semiannual reports to the Governor, the Legislature, all criminal justice agencies, and, upon request, the public. Each report shall include, but not be limited to, types of crime reported, offenders, arrests, and victims.
2. Upon request, providing other states and federal criminal justice agencies with Florida crime data. Where convenient, such data shall conform to definitions established by the requesting agencies.
3. In cooperation with other criminal justice agencies, developing and maintaining an offender-based transaction system.
(d) Adopt rules to effectively and efficiently implement, administer, manage, maintain, and use the automated fingerprint identification system and uniform offense reports and arrest reports. The rules shall be considered minimum requirements and shall not preclude a criminal justice agency from implementing its own enhancements. However, rules and forms prescribing uniform arrest or probable cause affidavits and alcohol influence reports to be used by all law enforcement agencies in making DUI arrests under s. 316.193 shall be adopted, and shall be used by all law enforcement agencies in this state. The rules and forms prescribing such uniform affidavits and reports shall be adopted and implemented by July 1, 2004. Failure to use these uniform affidavits and reports, however, shall not prohibit prosecution under s. 316.193.
(e) Establish, implement, and maintain a Domestic and Repeat Violence Injunction Statewide Verification System capable of electronically transmitting information to and between criminal justice agencies relating to domestic violence injunctions and repeat violence injunctions issued by the courts throughout the state. Such information must include, but is not limited to, information as to the existence and status of any such injunction for verification purposes.
(f) Establish, implement, and maintain a system for transmitting to and between criminal justice agencies information about writs of bodily attachment issued in connection with a court-ordered child support obligation. Such information shall include, but not be limited to, information necessary to identify the respondents and serve the writs.
(g) As authorized by law, retain fingerprints submitted by criminal and noncriminal justice agencies to the department for a criminal history background screening in a manner provided by rule and enter the fingerprints in the statewide automated fingerprint identification system authorized by paragraph (b). Such fingerprints shall thereafter be available for all purposes and uses authorized for arrest fingerprint cards entered into the statewide automated fingerprint identification system pursuant to s. 943.051.
(h)1. As authorized by law, search all arrest fingerprint cards received under s. 943.051 against the fingerprints retained in the statewide automated fingerprint identification system under paragraph (g). Any arrest record that is identified with the retained fingerprints of a person subject to background screening as provided in paragraph (g) shall be reported to the appropriate agency.
2. Agencies may participate in this search process by payment of an annual fee to the department and by informing the department of any change in the affiliation, employment, or contractual status or place of affiliation, employment, or contracting of the persons whose fingerprints are retained under paragraph (g). The department shall adopt a rule setting the amount of the annual fee to be imposed upon each participating agency for performing these searches and establishing the procedures for the retention of fingerprints and the dissemination of search results. The fee may be borne as provided by law. Fees may be waived or reduced by the executive director for good cause shown. Consistent with the recognition of criminal justice agencies expressed in s. 943.053(3), these services will be provided to criminal justice agencies for criminal justice purposes free of charge.
(3) If fingerprints submitted to the department for background screening, whether retained or not, are identified with the fingerprints of a person having a criminal history record, such fingerprints may thereafter be available for all purposes and uses authorized for arrest fingerprint cards, including, but not limited to, entry into the statewide automated fingerprint identification system to augment or replace the fingerprints that identify the criminal history record.
History.--s. 5, ch. 74-386; s. 1, ch. 77-174; s. 2, ch. 78-347; s. 2, ch. 80-409; s. 1, ch. 85-224; s. 2, ch. 86-187; s. 2, ch. 87-177; s. 8, ch. 94-134; s. 8, ch. 94-135; s. 21, ch. 95-325; s. 1, ch. 95-427; s. 109, ch. 96-175; s. 3, ch. 96-190; s. 5, ch. 98-94; s. 12, ch. 2002-263; s. 8, ch. 2006-176; s. 1, ch. 2008-249.