reglab/statecodes huggingface dataset:
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 943 - Department of Law Enforcement › 943.0439 - Interviews of Victims, Suspects, or Defendants With Autism or an Autism Spectrum Disorder.

943.0439 Interviews of victims, suspects, or defendants with autism or an autism spectrum disorder.—
(1) A law enforcement officer, a correctional officer, or another public safety official shall, upon the request of an individual diagnosed with autism or an autism spectrum disorder or his or her parent or guardian, make a good faith effort to ensure that a psychiatrist, psychologist, mental health counselor, special education instructor, clinical social worker, or related professional is present at all interviews of the individual. The professional must have experience treating, teaching, or assisting patients or clients who have been diagnosed with autism or an autism spectrum disorder or related developmental disability or must be certified in special education with a concentration focused on persons with autism or an autism spectrum disorder. All expenses related to the attendance of the professional at interviews shall be borne by the requesting parent, guardian, or individual. If the individual is a victim, the defendant shall reimburse the victim for all expenses related to the attendance of the professional at the interview, in addition to other restitution or penalties provided by law, upon conviction of the offense of which the individual is a victim. Failure to have a professional as defined by this subsection present at the time of the interview is not a basis for suppression of the statement or the contents of the interview or for a cause of action against the law enforcement officer or agency. This subsection applies to such an individual who is the victim, a suspect, or a defendant formally accused of a crime.
(2) Each law enforcement agency must ensure that appropriate policies are developed which implement this section and that training is provided to its law enforcement and correctional officers based on those policies.
History.—s. 4, ch. 2016-175.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 943 - Department of Law Enforcement › 943.046 - Notification of Criminal Offender Information.

943.046 Notification of criminal offender information.—
(1) Any state or local law enforcement agency may release to the public any criminal history information and other information regarding a criminal offender, including, but not limited to, public notification by the agency of the information, unless the information is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. However, this section does not contravene any provision of s. 943.053 which relates to the method by which an agency or individual may obtain a copy of an offender’s criminal history record.
(2) A state or local law enforcement agency and its personnel are immune from civil liability for the release of criminal history information or other information regarding a criminal offender, as provided by this section.
History.—s. 6, ch. 97-299; s. 8, ch. 2016-78.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 943 - Department of Law Enforcement › 943.051 - Criminal Justice Information; Collection and Storage; Fingerprinting.

943.051 Criminal justice information; collection and storage; fingerprinting.—
(1) The Criminal Justice Information Program, acting as the state’s central criminal justice information repository, shall:
(a) Collect, process, store, maintain, and disseminate criminal justice information and records necessary to the operation of the criminal justice information system of the department.
(b) Develop systems that inform one criminal justice agency of the criminal justice information held or maintained by other criminal justice agencies.
(2) The fingerprints, palm prints, and facial images of each adult person charged with or convicted of a felony, misdemeanor, or violation of a comparable ordinance by a state, county, municipal, or other law enforcement agency shall be captured and electronically submitted to the department in the manner prescribed by rule. Exceptions to this requirement for specified misdemeanors or comparable ordinance violations may be made by the department by rule.
(3)(a) The fingerprints, palm prints, and facial images of a minor who is charged with or found to have committed an offense that would be a felony if committed by an adult shall be captured and electronically submitted to the department in the manner prescribed by rule.
(b) A minor who is charged with or found to have committed the following offenses shall be fingerprinted and the fingerprints shall be submitted electronically to the department, unless the minor is issued a civil citation pursuant to s. 985.12:
1. Assault, as defined in s. 784.011.
2. Battery, as defined in s. 784.03.
3. Carrying a concealed weapon, as defined in s. 790.01(2).
4. Unlawful use of destructive devices or bombs, as defined in s. 790.1615(1).
5. Neglect of a child, as defined in s. 827.03(1)(e).
6. Assault or battery on a law enforcement officer, a firefighter, or other specified officers, as defined in s. 784.07(2)(a) and (b).
7. Open carrying of a weapon, as defined in s. 790.053.
8. Exposure of sexual organs, as defined in s. 800.03.
9. Unlawful possession of a firearm, as defined in s. 790.22(5).
10. Petit theft, as defined in s. 812.014(3).
11. Cruelty to animals, as defined in s. 828.12(1).
12. Arson, as defined in s. 806.031(1).
13. Unlawful possession or discharge of a weapon or firearm at a school-sponsored event or on school property, as provided in s. 790.115.
(4) Fingerprints shall be used as the basis for criminal history records.
History.—s. 3, ch. 80-409; s. 2, ch. 85-224; s. 5, ch. 93-204; s. 1, ch. 94-126; s. 89, ch. 94-209; s. 12, ch. 95-184; s. 2, ch. 95-427; s. 2, ch. 96-293; s. 28, ch. 96-322; s. 6, ch. 98-94; s. 2, ch. 99-284; s. 6, ch. 99-300; s. 11, ch. 2000-155; s. 2, ch. 2002-51; s. 6, ch. 2007-112; s. 32, ch. 2010-117; s. 16, ch. 2013-116; s. 2, ch. 2015-46; s. 32, ch. 2023-18.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 943 - Department of Law Enforcement › 943.052 - Disposition Reporting.

943.052 Disposition reporting.—The Criminal Justice Information Program shall, by rule, establish procedures and a format for each criminal justice agency to monitor its records and submit reports, as provided by this section, to the program. The disposition report shall be developed by the program and shall include the offender-based transaction system number.
(1) Each law enforcement officer or booking officer shall include with submitted arrest information and fingerprints the offender-based transaction system number.
(2) Each clerk of the court shall submit the uniform dispositions to the program or in a manner acceptable to the program. The report must be submitted at least once a month in an automated format acceptable to the program. The disposition report is mandatory for each disposition relating to an adult offender and, beginning July 1, 2008, for dispositions relating to minor offenders.
(3)(a) The Department of Corrections shall submit fingerprints, palm prints, and facial images to the program relating to the receipt of any person who is sentenced to a state correctional institution.
(b) The Department of Juvenile Justice shall submit fingerprints, palm prints, and facial images to the program relating to the receipt of any minor who is found to have committed an offense that would be a felony if committed by an adult, or is found to have committed a misdemeanor specified in s. 943.051(3), and is committed to the custody of the Department of Juvenile Justice.
History.—s. 4, ch. 80-409; s. 3, ch. 85-224; s. 3, ch. 86-187; s. 3, ch. 87-177; s. 91, ch. 94-209; s. 8, ch. 98-94; s. 6, ch. 2006-176; s. 17, ch. 2013-116.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 943 - Department of Law Enforcement › 943.0525 - Criminal Justice Information Systems; Use by State and Local Agencies.

943.0525 Criminal justice information systems; use by state and local agencies.—As a condition of participating in any criminal justice information system established by the Criminal Justice Information Program or of receiving criminal justice information, state and local agencies shall be required to execute appropriate user agreements and to comply with applicable federal laws and regulations, this chapter, and rules of the department. The program shall, by rule, adopt a user agreement that must include, but is not limited to, compliance with the provisions of s. 943.052. The user agreement between the department and the criminal justice agency shall include conspicuous language that any criminal justice agency’s failure to comply with laws, rules, and the user agreement shall constitute grounds for immediate termination of services. The department shall terminate the services to the criminal justice agency until the agency is in compliance. However, the department shall not terminate access to wanted persons or wanted property record information services to a law enforcement agency.
History.—s. 2, ch. 80-409; s. 495, ch. 81-259; s. 4, ch. 86-187; s. 9, ch. 98-94.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 943 - Department of Law Enforcement › 943.0535 - Aliens, Criminal Records.

943.0535 Aliens, criminal records.—It shall be the duty of the clerk of court to furnish without charge a certified copy of the complaint, information, or indictment and the judgment and sentence and any other record pertaining to the case of any alien to the United States immigration officer in charge of the territory or district in which the court is located in every case in which an alien is convicted of a felony or misdemeanor or enters a plea of guilty or nolo contendere to any felony or misdemeanor charge. The state attorney shall assist the clerk of the court in determining if a defendant entering a plea or convicted is an alien.
History.—s. 2, ch. 88-248; s. 4, ch. 96-312; s. 11, ch. 99-188; s. 12, ch. 2000-155.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 943 - Department of Law Enforcement › 943.054 - Exchange of Federal Criminal History Records and Information.

943.054 Exchange of federal criminal history records and information.—
(1) Criminal history information derived from any United States Department of Justice criminal justice information system is available:
(a) To criminal justice agencies for criminal justice purposes.
(b) Pursuant to applicable federal laws and regulations, including those instituted by the National Crime Prevention and Privacy Compact, for use in connection with licensing or local or state employment or for such other uses only as authorized by federal or state laws which have been approved by the United States Attorney General or the Attorney General’s designee.
(c) For issuance of press releases and publicity designed to effect the apprehension of wanted persons in connection with serious or significant offenses.
(2) The exchange of federal criminal history information is subject to cancellation if dissemination is made outside the receiving departments or related agencies.
(3) A criminal justice agency may refer to federal criminal history records and disclose to the public factual information concerning the status of an investigation; the apprehension, arrest, release, or prosecution of an individual; the adjudication of charges; or the correctional status of an individual when such disclosure is reasonably contemporaneous with the event to which the information relates.
(4) Provisions of this section are required by the Federal Government as a condition of utilizing the United States Department of Justice criminal history record information systems.
History.—s. 6, ch. 80-409; s. 2, ch. 94-126; s. 441, ch. 96-406; s. 1846, ch. 97-102; s. 19, ch. 2013-116.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 943 - Department of Law Enforcement › 943.0543 - National Crime Prevention and Privacy Compact; Ratification and Implementation.

943.0543 National Crime Prevention and Privacy Compact; ratification and implementation.—
(1) In order to facilitate the authorized interstate exchange of criminal history information for noncriminal justice purposes, including, but not limited to, background checks for the licensing and screening of employees and volunteers under the National Child Protection Act of 1993, as amended, and to implement the National Crime Prevention and Privacy Compact, 42 U.S.C. s. 14616, the Legislature approves and ratifies the compact. The executive director of the Department of Law Enforcement shall execute the compact on behalf of the state.
(2) The department is the repository of criminal history records for purposes of the compact and shall do all things necessary or incidental to carrying out the compact.
(3) The executive director of the department, or the director’s designee, is the state’s compact officer and shall administer the compact within the state. The department may establish procedures for the cooperative exchange of criminal history records between the state and Federal Government for use in noncriminal justice cases.
(4) The state’s ratification of the compact remains in effect until legislation is enacted which specifically renounces the compact.
(5) This compact and this section do not affect or abridge the obligations and responsibilities of the department under other provisions of this chapter, including s. 943.053, and do not alter or amend the manner, direct or otherwise, in which the public is afforded access to criminal history records under state law.
History.—s. 2, ch. 99-300; s. 111, ch. 2013-18; s. 11, ch. 2016-78.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 943 - Department of Law Enforcement › 943.055 - Records and Audit.

943.055 Records and audit.—
(1) Criminal justice agencies disseminating criminal justice information derived from a Department of Law Enforcement criminal justice information system shall maintain a record of dissemination in accordance with the user agreements in s. 943.0525.
(2) The Criminal Justice Information Program shall arrange for any audits of state and local criminal justice and noncriminal justice agencies necessary to ensure compliance with federal laws and regulations, this chapter, and rules of the Department of Law Enforcement pertaining to the establishment, operation, security, and maintenance of criminal justice information systems.
History.—s. 7, ch. 80-409; s. 11, ch. 98-94; s. 22, ch. 2013-116.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 943 - Department of Law Enforcement › 943.056 - Criminal History Records; Access, Review, and Challenge.

943.056 Criminal history records; access, review, and challenge.—
(1) For purposes of verification of the accuracy and completeness of a criminal history record, the Department of Law Enforcement shall provide, in the manner prescribed by rule, such record for review upon verification, by fingerprints, of the identity of the requesting person. If a minor, or the parent or legal guardian of a minor, requests a copy of the minor’s criminal history record, the Department of Law Enforcement shall provide such copy, including any portions of the record which may be confidential under s. 943.053(3)(b), for review upon verification, by fingerprints, of the identity of the minor. The providing of such record shall not require the payment of any fees, except those provided for by federal regulations.
(2) Criminal justice agencies subject to chapter 120 shall be subject to hearings regarding those portions of criminal history records for which the agency served as originator. When it is determined what the record should contain in order to be complete and accurate, the Criminal Justice Information Program shall be advised and shall conform state records to the corrected criminal history record information and shall request that the federal records be corrected.
(3) Criminal justice agencies not subject to chapter 120 shall be subject to administrative proceedings for challenges to criminal history record information in accordance with rules established by the Department of Law Enforcement.
(4) Upon request, an individual whose record has been corrected shall be given the names of all known noncriminal justice agencies to which the data has been given. The correcting agency shall notify all known criminal justice recipients of the corrected information, and those agencies shall modify their records to conform to the corrected record.
History.—ss. 8, 9, ch. 80-409; s. 3, ch. 94-126; s. 93, ch. 94-209; s. 12, ch. 98-94; s. 23, ch. 2013-116; s. 4, ch. 2016-78.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 943 - Department of Law Enforcement › 943.057 - Access to Criminal Justice Information for Research or Statistical Purposes.

943.057 Access to criminal justice information for research or statistical purposes.—The Department of Law Enforcement may provide by rule for access to and dissemination and use of criminal justice information for research or statistical purposes. All requests for records or information in the criminal justice information systems of the department shall require the requesting individual or entity to enter into an appropriate privacy and security agreement which provides that the requesting individual or entity shall comply with all laws and rules governing the use of criminal justice information for research or statistical purposes. The department may charge a fee for the production of criminal justice information under this section. Such fee shall approximate the actual cost of production. This section does not require the release of confidential information or require the department to accommodate requests that would disrupt ongoing operations beyond the extent required by s. 119.07.
History.—s. 10, ch. 80-409; s. 4, ch. 94-126; s. 442, ch. 96-406; s. 13, ch. 98-94.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 943 - Department of Law Enforcement › 943.0578 - Lawful Self-Defense Expunction.

943.0578 Lawful self-defense expunction.—
(1) Notwithstanding the eligibility requirements defined in s. 943.0585(1) and (2), the department shall issue a certificate of eligibility for expunction under this section to a person who is the subject of a criminal history record if that person has obtained, and submitted to the department, on a form provided by the department, a written, certified statement from the appropriate state attorney or statewide prosecutor which states whether an information, indictment, or other charging document was not filed or was dismissed by the state attorney, or dismissed by the court, because it was found that the person acted in lawful self-defense pursuant to chapter 776.
(2) Each petition to expunge a criminal history record pursuant to this section must be accompanied by:
(a) A valid certificate of eligibility for expunction issued by the department pursuant to this section; and
(b) The petitioner’s sworn statement attesting that the petitioner is eligible for such an expunction to the best of his or her knowledge or belief.
Any person who knowingly provides false information on such sworn statement to the court commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(3) This section does not confer any right to the expunction of a criminal history record, and any request for expunction of a criminal history record may be denied at the discretion of the court.
(4) Section 943.0585(5) and (6) apply to an expunction ordered under this section.
(5) The department shall adopt rules to establish procedures for applying for and issuing a certificate of eligibility for expunction under this section.
History.—s. 47, ch. 2019-167.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 943 - Department of Law Enforcement › 943.0581 - Administrative Expunction for Arrests Made Contrary to Law or by Mistake.

943.0581 Administrative expunction for arrests made contrary to law or by mistake.—
(1) Notwithstanding any law dealing generally with the preservation and destruction of public records, the department may adopt a rule pursuant to chapter 120 for the administrative expunction of any nonjudicial record of an arrest of a minor or an adult made contrary to law or by mistake.
(2) A law enforcement agency shall apply to the department in the manner prescribed by rule for the administrative expunction of any nonjudicial record of any arrest of a minor or an adult who is subsequently determined by the agency, at its discretion, or by the final order of a court of competent jurisdiction, to have been arrested contrary to law or by mistake.
(3) An adult or, in the case of a minor child, the parent or legal guardian of the minor child, may apply to the department in the manner prescribed by rule for the administrative expunction of any nonjudicial record of an arrest alleged to have been made contrary to law or by mistake, provided that the application is supported by the endorsement of the head of the arresting agency or his or her designee or the state attorney of the judicial circuit in which the arrest occurred or his or her designee.
(4) An application for administrative expunction shall include the date and time of the arrest, the name of the person arrested, the offender-based tracking system (OBTS) number, and the crime or crimes charged. The application shall be on the submitting agency’s letterhead and shall be signed by the head of the submitting agency or his or her designee.
(5) If the person was arrested on a warrant, capias, or pickup order, a request for an administrative expunction may be made by the sheriff of the county in which the warrant, capias, or pickup order was issued or his or her designee or by the state attorney of the judicial circuit in which the warrant, capias, or pickup order was issued or his or her designee.
(6) An application or endorsement under this section is not admissible as evidence in any judicial or administrative proceeding and may not be construed in any way as an admission of liability in connection with an arrest.
History.—s. 2, ch. 92-73; s. 94, ch. 94-209; s. 1, ch. 2006-94; s. 4, ch. 2008-249; s. 34, ch. 2010-117; s. 48, ch. 2019-167.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 943 - Department of Law Enforcement › 943.08 - Duties; Criminal and Juvenile Justice Information Systems Council.

943.08 Duties; Criminal and Juvenile Justice Information Systems Council.—
(1) The council shall facilitate the identification, standardization, sharing, and coordination of criminal and juvenile justice data and other public safety system data among federal, state, and local agencies.
(2) The council shall adopt uniform information exchange standards, methodologies, and best practices, applying national standards and models when appropriate, in order to guide local and state criminal justice agencies when procuring, implementing, or modifying information systems.
(3) The council shall provide statewide oversight and support the development of plans and policies relating to public safety information systems in order to facilitate the effective identification, standardization, access, sharing, integrating, and coordinating of criminal and juvenile justice data among federal, state, and local agencies. The council shall make recommendations addressing each of the following:
(a) Privacy of data.
(b) Security of systems.
(c) Functional and information sharing standards.
(d) Accuracy, timeliness, and completeness of data.
(e) Access to data and systems.
(f) Transmission of data and information.
(g) Dissemination of information.
(h) Training.
(i) Other areas that effect the sharing of criminal and juvenile justice information and other public safety system information.
(4) The council shall provide oversight to the operation of the Criminal Justice Network (CJNet) for which the department shall serve as custodial manager pursuant to s. 943.0544. Criminal justice agencies participating in the Criminal Justice Network shall adhere to CJNet standards and policies.
History.—s. 6, ch. 74-386; s. 1, ch. 77-174; s. 4, ch. 78-323; s. 13, ch. 80-409; ss. 2, 3, ch. 81-10; s. 1, ch. 82-46; s. 2, ch. 83-265; s. 5, ch. 85-224; ss. 5, 6, 7, ch. 87-177; s. 5, ch. 91-429; s. 1, ch. 94-99; s. 33, ch. 95-267; s. 4, ch. 96-388; s. 39, ch. 97-271; s. 37, ch. 97-286; s. 14, ch. 98-94; s. 10, ch. 98-251; s. 31, ch. 2001-64; s. 27, ch. 2007-105; s. 8, ch. 2008-249.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 943 - Department of Law Enforcement › 943.081 - Public Safety System Information Technology Resources; Guiding Principles.

943.081 Public safety system information technology resources; guiding principles.—The following guiding principles adopted by the Criminal and Juvenile Justice Information Systems Council are hereby adopted as guiding principles for the management of public safety system information technology resources:
(1) Cooperative planning by public safety system entities is a prerequisite for the effective development of systems to enable sharing of data.
(2) The planning process, as well as coordination of development efforts, should identify and include all principals from the outset.
(3) Public safety system entities should be committed to maximizing information sharing and moving away from proprietary positions taken relative to data they capture and maintain.
(4) Public safety system entities should maximize public access to data and, in so doing, should specifically implement guidelines and practices that address security, privacy, and confidentiality.
(5) Public safety system entities should strive for electronic sharing of information.
(6) The practice by public safety system entities of charging each other for data should, insofar as possible, be eliminated. Further, when the capture of data for mutual benefit can be accomplished, the costs for the development, capture, and network for access to that data should be shared.
(7) The redundant capture of data should, insofar as possible, be eliminated. Redundant capture of data should be discouraged unless there is a specific business need for it.
(8) Public safety systems should adhere to information exchange standards approved by the council.
(9) The council should adopt where possible applicable national standards for data exchange.
History.—s. 5, ch. 96-388; s. 9, ch. 2008-249.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 943 - Department of Law Enforcement › 943.085 - Legislative Intent With Respect to Upgrading the Quality of Law Enforcement Officers and Correctional Officers.

943.085 Legislative intent with respect to upgrading the quality of law enforcement officers and correctional officers.—
(1) It is the intent of the Legislature to strengthen and upgrade law enforcement agencies and correctional institutions in this state by attracting competent, highly qualified people for professional careers in the criminal justice disciplines and to retain well-qualified and experienced officers for the purpose of providing maximum protection and safety to the citizens of, the visitors to, and the inmates in this state.
(2) It is the further intent of the Legislature to establish a minimum foundation program for law enforcement officers, correctional officers, and correctional probation officers which will provide a statewide minimum salary for all such officers; to provide state monetary supplement in order to effectuate an upgrading of compensation for all law enforcement officers, correctional officers, and correctional probation officers; and to upgrade the educational and training standards of such officers.
(3) It is the further intent of the Legislature that the Criminal Justice Standards and Training Commission, in the execution of its powers, duties, and functions, actively provide statewide leadership in the establishment, implementation, and evaluation of criminal justice standards and training for all law enforcement officers, correctional officers, and correctional probation officers.
History.—s. 7, ch. 74-386; s. 2, ch. 81-24; s. 1, ch. 84-258; s. 39, ch. 86-183; s. 2, ch. 86-286; ss. 5, 6, ch. 87-186; s. 5, ch. 91-429.
Note.—Former s. 943.24.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 943 - Department of Law Enforcement › 943.09 - Criminal Justice Professionalism Program.

943.09 Criminal Justice Professionalism Program.—There is created a Criminal Justice Professionalism 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. Personnel employed by the program, as the staff of the commission, shall support and assist the commission in the execution, administration, implementation, and evaluation of its powers, duties, and functions under this chapter according to acceptable and established departmental administrative, managerial, and supervisory rules and policies.
History.—s. 7, ch. 74-386; s. 1, ch. 77-174; s. 2, ch. 78-347; s. 1, ch. 80-71; s. 3, ch. 81-24; s. 2, ch. 84-258; s. 15, ch. 98-94.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 943 - Department of Law Enforcement › 943.132 - Implementation of Federal Qualified Active or Qualified Retired Law Enforcement Concealed Firearms Provisions.

943.132 Implementation of federal qualified active or qualified retired law enforcement concealed firearms provisions.—
(1) The commission shall by rule establish the manner in which Title 18, 44 U.S.C. ss. 926B and 926C, relating to the carrying of concealed firearms by qualified law enforcement officers and qualified retired law enforcement officers, as defined in the act, shall be implemented in the state. In order to facilitate the implementation within the state of Title 18, 44 U.S.C. ss. 926B and 926C, the commission shall authorize a uniform firearms proficiency verification card to be issued to persons who achieve a passing score on the firing range testing component as used in the minimum firearms proficiency course applicable to active law enforcement officers, indicating the person’s name and the date upon which he or she achieved the passing score. Each such card shall be issued only by firearms instructors with current certifications from the commission.
(2) Facilities operating firing ranges on which firearms instructors certified by the commission administer the firing range testing component as utilized in the minimum firearms proficiency course applicable to active law enforcement officers may open the firing range under terms and conditions established by the operating entity to other persons for purposes of allowing such persons to demonstrate their ability to achieve a passing score on the firing range testing component as utilized in the minimum firearms proficiency course. All costs associated with the demonstration by any such person that he or she meets the requirements of the firing range testing component as utilized in the minimum firearms proficiency course shall be at the expense of the person being tested.
History.—s. 1, ch. 2007-111; s. 29, ch. 2013-116.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 943 - Department of Law Enforcement › 943.134 - Release of Employee Information by Employers.

943.134 Release of employee information by employers.—
(1) As used in this section, the term:
(a) “Employing agency” has the same meaning ascribed in s. 943.10.
(b) “Employment information” includes, but is not limited to, written information relating to job applications, performance evaluations, attendance records, disciplinary matters, reasons for termination, eligibility for rehire, and other information relevant to an officer’s performance, except information that any other state or federal law prohibits disclosing or information that is subject to a legally recognized privilege the employer is otherwise entitled to invoke.
(2)(a) When a law enforcement officer, correctional officer, or correctional probation officer, or an agent thereof, is conducting a background investigation of an applicant for temporary or permanent employment or appointment as a full-time, part-time, or auxiliary law enforcement officer, correctional officer, or correctional probation officer with an employing agency, the applicant’s current or former employer, or the employer’s agent, shall provide to the officer or his or her agent conducting the background investigation employment information concerning the applicant. The investigating officer or his or her agent must present to the employer from whom the information is being sought credentials demonstrating the investigating officer’s employment with the employing agency and an authorization form for release of information which is designed and approved by the Criminal Justice Standards and Training Commission.
(b) The authorization form for release of information must:
1. Be either the original authorization or a copy or facsimile of the original authorization;
2. Have been executed by the applicant no more than 1 year before the request;
3. Contain a statement that the authorization has been specifically furnished to the employing agency presenting the authorization; and
4. Bear the authorized signature of the applicant.
(3) Each employing agency shall maintain employment information for a minimum of 5 years after the date of the officer’s termination, resignation, or retirement from the employing agency, unless the employing agency is otherwise required to retain such information for a longer time period.
(4) If an employer refuses to disclose information to an employing agency in accordance with this section, the employing agency has grounds for a civil action for injunctive relief requiring disclosure by the employer.
(5) An employer who discloses employment information under this section is immune from civil liability for such disclosure or its consequences as provided in s. 768.095.
(6) An employer may charge a reasonable fee to cover the actual costs incurred by the employer in copying and furnishing documents to an employing agency as required by this section.
History.—s. 1, ch. 2001-94; s. 4, ch. 2021-241.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 943 - Department of Law Enforcement › 943.137 - Establishment of Qualifications and Standards Above the Minimum.

943.137 Establishment of qualifications and standards above the minimum.—
(1) Nothing herein may be construed to preclude an employing agency from establishing qualifications and standards for employment, appointment, training, or promotion of officers that exceed the minimum requirements set by ss. 943.13 and 943.17, including establishing tobacco-use standards.
(2) The qualifications of an employing agency that exceed the minimum employment or basic recruit training course established by the commission are binding on individuals affected and shall be recognized by the commission.
History.—s. 10, ch. 84-258; s. 8, ch. 86-187; s. 2, ch. 86-286; ss. 5, 6, ch. 87-186; s. 5, ch. 91-429; s. 2, ch. 2007-27; s. 5, ch. 2019-113.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 943 - Department of Law Enforcement › 943.139 - Notice of Employment, Appointment, or Separation; Response by the Officer; Duty of Commission.

943.139 Notice of employment, appointment, or separation; response by the officer; duty of commission.—
(1) An employing agency shall immediately notify the commission in writing, on a form adopted by the commission, of the employment or appointment, or separation from employment or appointment, of any officer. The employing agency must maintain the original form and submit, or electronically transmit, this information to the commission. Separation from employment or appointment includes any firing, termination, resignation, retirement, or voluntary or involuntary extended leave of absence of any officer.
(2) In a case of separation from employment or appointment, the employing agency shall execute and maintain an affidavit-of-separation form adopted by the commission, setting forth in detail the facts and reasons for such separation. The information contained in the affidavit-of-separation form must be submitted, or electronically transmitted, to the commission. If the officer is separated for his or her failure to comply with s. 943.13, the notice must so specify. The affidavit must be executed under oath and constitutes an official statement within the purview of s. 837.06. The affidavit must include conspicuous language that intentional false execution of the affidavit constitutes a misdemeanor of the second degree. Any officer who has separated from employment or appointment must be permitted to respond to the separation, in writing, to the commission, setting forth the facts and reasons for the separation as he or she understands them.
(3) Before employing or appointing an officer, a subsequent employing agency must contact the commission to inquire as to the facts and reasons an officer became separated from any previous employing agency. The commission shall, upon request and without prejudice, provide to the subsequent employing agency all information that is required under subsections (1) and (2) and that is in its possession.
(4) An administrator of an employing agency who discloses information pursuant to this section is immune from civil liability in accordance with the provisions of s. 768.095.
History.—s. 11, ch. 84-258; s. 9, ch. 86-187; s. 2, ch. 86-286; ss. 5, 6, ch. 87-186; s. 5, ch. 91-429; s. 4, ch. 92-131; s. 11, ch. 93-252; s. 1633, ch. 97-102; s. 5, ch. 97-225; s. 6, ch. 2019-113.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 943 - Department of Law Enforcement › 943.1397 - Officer Certification Examinations; Fee.

943.1397 Officer certification examinations; fee.—
(1) Except as provided in subsection (4), on and after July 1, 1993, the commission shall not certify any person as an officer until the person has achieved an acceptable score on the officer certification examination for the applicable criminal justice discipline. The commission shall establish procedures by rule for the administration of the officer certification examinations and student examination reviews. Further, the commission shall establish standards for acceptable performance on each officer certification examination.
(2) For any applicant who fails to achieve an acceptable score on an officer certification examination, the commission shall, by rule, establish a procedure for retaking the examination, and the rule may include a remedial training program requirement. An applicant shall not take an officer certification examination more than three times, unless the applicant has reenrolled in, and successfully completed, the basic recruit training program.
(3) The commission shall set a fee for the officer certification examination, not to exceed $150. The fee applies to one scheduled examination attempt and is not refundable if the applicant does not appear for the examination or does not achieve an acceptable score on the examination. Officer certification examination fees collected pursuant to this subsection shall be placed in the Criminal Justice Standards and Training Trust Fund.
(4) The provisions of subsection (1) and s. 943.13(10) do not apply to an applicant who was enrolled in a commission-approved basic recruit training program prior to July 1, 1993.
History.—s. 13, ch. 93-252; s. 13, ch. 95-283; s. 4, ch. 95-408.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 943 - Department of Law Enforcement › 943.146 - Securing of Copyrights by the Department and Sale of Department Work Products.

943.146 Securing of copyrights by the department and sale of department work products.—
(1) As used in this section, the term “product” includes any and all inventions, methodologies, techniques, and creations that may be properly protected by patent, copyright, or trademark. The term specifically includes, but is not limited to, job task analyses; all curricula developed for basic or postbasic training in the disciplines of law enforcement, corrections, and correctional probation; support materials, including, but not limited to, associated instructor or student guides, textbooks, computer software, and video, electronic, and digital materials; and all other materials, regardless of form, developed by or on behalf of the commission to support the delivery of the basic recruit or postbasic training in the disciplines of law enforcement, corrections, and correctional probation.
(2) Notwithstanding any other provision of law to the contrary, the Department of Law Enforcement is authorized, in its own name, to:
(a) Perform all things necessary to secure copyrights on any legitimately acquired work product and to enforce its rights therein.
(b) License, lease, assign, or otherwise give written consent to any person, firm, or corporation for the publication, manufacture, or use of any product protected by copyright, whether on a royalty basis or for such other consideration as the department may deem proper.
(c) Take any action necessary, including legal action to enforce its rights under any agreement and to protect its property rights from improper or unlawful use or infringement.
(d) Enforce the collection of any payments or other obligations due to the department for the publication or use of any product by any other party.
(e) Sell any product, except where otherwise provided by public records laws, which the department may create or cause to be created, whether or not the product is protected by a copyright of the department, and to execute all instruments necessary to consummate any such sale.
(f) Do all other acts necessary and proper for the execution of powers and duties conferred upon the department under this section.
(3) The department shall notify the Department of State in writing whenever property rights by copyright are secured or exploited by the department.
(4) Any proceeds from the sale of products or the right to publish or use a product shall be deposited in the Grants and Donations Trust Fund of the department and may be appropriated to finance activities of the department.
History.—s. 12, ch. 98-251.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 943 - Department of Law Enforcement › 943.16 - Payment of Tuition or Officer Certification Examination Fee by Employing Agency; Reimbursement of Tuition, Other Course Expenses, Wages, and Benefits.

943.16 Payment of tuition or officer certification examination fee by employing agency; reimbursement of tuition, other course expenses, wages, and benefits.—
(1) An employing agency is authorized to pay any costs of tuition of a trainee in attendance at an approved basic recruit training program.
(2) A trainee who attends such approved training program at the expense of an employing agency must remain in the employment or appointment of such employing agency for a period of not less than 2 years after graduation from the basic recruit training program. If employment or appointment is terminated on the trainee’s own initiative within 2 years, he or she shall reimburse the employing agency for the full cost of his or her tuition and other course expenses.
(3) An employing agency is authorized to pay the required fee for an applicant to take the officer certification examination on one occasion.
(4) An employing agency may institute a civil action to collect such cost of tuition and other course expenses as provided in this section if it is not reimbursed, provided that the employing agency gave written notification to the trainee of the 2-year employment commitment during the employment screening process. The trainee shall return signed acknowledgment of receipt of such notification.
(5) For purposes of this section, the term “other course expenses” includes the cost of meals.
(6) This section does not apply to trainees who terminate employment with the employing agency and resign their certification upon termination in order to obtain employment for which certification under this chapter is not required. Further, this section does not apply to trainees attending auxiliary officer training.
(7) Notwithstanding the provisions of this section, an employing agency may waive a trainee’s requirement of reimbursement in part or in full when the trainee terminates employment due to hardship or extenuating circumstances.
History.—s. 7, ch. 74-386; s. 4, ch. 78-323; s. 7, ch. 80-71; ss. 24, 25, ch. 81-24; s. 1, ch. 82-46; s. 2, ch. 83-265; s. 14, ch. 84-258; ss. 5, 6, ch. 87-186; s. 5, ch. 91-429; s. 15, ch. 93-252; s. 1634, ch. 97-102; s. 1, ch. 2003-264; s. 2, ch. 2008-250.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 943 - Department of Law Enforcement › 943.1701 - Uniform Statewide Policies and Procedures; Duty of the Commission.

943.1701 Uniform statewide policies and procedures; duty of the commission.—The commission, with the advice and cooperation of the Department of Children and Families, the Florida Sheriffs Association, the Florida Police Chiefs Association, and other agencies that verify, serve, and enforce injunctions for protection against domestic violence, shall develop by rule uniform statewide policies and procedures to be incorporated into required courses of basic law enforcement training and continuing education. These statewide policies and procedures shall include:
(1) The duties and responsibilities of law enforcement in response to domestic violence calls, enforcement of injunctions, and data collection.
(2) The legal duties imposed on law enforcement officers to make arrests and offer protection and assistance, including guidelines for making felony and misdemeanor arrests.
(3) Techniques for handling incidents of domestic violence that minimize the likelihood of injury to the officer and that promote safety of the victim.
(4) The dynamics of domestic violence and the magnitude of the problem.
(5) The legal rights of, and remedies available to, victims of domestic violence.
(6) Documentation, report writing, and evidence collection.
(7) Tenancy issues and domestic violence.
(8) The impact of law enforcement intervention in preventing future violence.
(9) Special needs of children at the scene of domestic violence and the subsequent impact on their lives.
(10) The services and facilities available to victims and batterers.
(11) The use and application of sections of the Florida Statutes as they relate to domestic violence situations.
(12) Verification, enforcement, and service of injunctions for protection when the suspect is present and when the suspect has fled.
(13) Emergency assistance to victims and how to assist victims in pursuing criminal justice options.
(14) Working with uncooperative victims, when the officer becomes the complainant.
History.—s. 10, ch. 91-210; s. 7, ch. 95-408; s. 14, ch. 2020-6.