Florida Administrative Code › 11 - DEPARTMENT OF LAW ENFORCEMENT › 11C - Division of Criminal Justice Information Systems › Chapter 11C-8 - CRIMINAL HISTORY RECORDS; REVIEW AND CORRECTION › Section 11C-8.001 - Review Procedures

Current through Reg. 50, No. 138; July 16, 2024
(1) Any individual
				wishing to review his criminal history record must submit a request in writing
				or complete a Application for Personal Review of Florida Criminal History
				Record FDLE form (CHRM-006 rev. May 2022). The Application for Personal Review
				of Florida Criminal History Record form may be obtained from:
Florida Department of Law Enforcement (FDLE)
Criminal History Record Maintenance Section
Post Office Box 1489
Tallahassee, Florida 32302-1489
Email: CHRM@fdle.state.fl.us
Telephone Number: (850)410-7898
Website:
http://www.fdle.state.fl.us/Criminal-History-Records/Personal-Review.aspx
(2) The individual must submit 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. Fingerprints must be 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 Section 943.053(13),
				F.S. The fingerprint card must contain all required identifying data. The
				subject must pay any fees required by the law enforcement agency or vendor for
				providing this service.
(3) The
				request and completed fingerprint card should be mailed by the local law
				enforcement agency or the individual to FDLE. FDLE shall not require payment of
				any fees, except those provided for by federal regulations, for processing the
				fingerprint card or providing the resulting record.
(4) The fingerprint card will be processed by
				FDLE and returned to the submitting party with a notation affixed indicating
				the processing result along with a copy of any criminal history record
				identified with the individual.
(5)
				If after reviewing the record, the individual believes that the record is
				incorrect or incomplete, it is the individual's responsibility to contact the
				agency submitting that part of the record in question. It then will be the
				responsibility of that agency to determine the merit of the assertion, to make
				any and all corrections or deletions that may be required, and to notify FDLE
				of any corrections or deletions.
(6) If, after an individual reviews their own
				criminal history record as authorized in Rule
				11C-8.001, F.A.C., the agency
				and the individual are unable to resolve their differences as to what that
				portion of the person's record ought to contain or if, more particularly, the
				agency responsible for the portion of the record in issue refuses to correct
				its own records or to advise FDLE to correct or supplement the state records in
				accordance with the individual's wishes, then the administrative review
				procedures set out in subsections (7) and (8) below, as appropriate, shall be
				followed.
(7) If the agency
				responsible for the portion of the record in issue is subject to the Florida
				Administrative Procedures Act Chapter 120, F.S., the individual may initiate
				and the agency shall submit itself to administrative adjudication and judicial
				review of the issue in accordance with the Act, and Section
				943.056(2),
				F.S.
(8) If the agency responsible
				for the portion of the record in issue is not subject to the Florida
				Administrative Procedures Act, the individual shall petition the agency in
				writing to convene a special hearing panel for the purpose of conducting an
				informal hearing. Such panel shall consist of one panelist nominated by the
				individual, one panelist nominated by the agency and a presiding panelist
				mutually agreeable to the other two panelists. If within ten days after the
				petition is filed no third panelist has been agreed upon or has agreed to
				serve, a third member of the panel will be appointed by the Executive Director,
				FDLE. Thereafter:
(a) Within twenty days after
				the petition is filed, the agency shall make written answer to the allegations
				in the petition, attaching thereto copies of such official records as it deems
				necessary to support its refusal or to controvert the petitioner's
				allegations.
(b) Within thirty days
				after the petition is filed, the special hearing panel shall convene at a place
				provided by the agency and at such time as is not inconvenient to the members
				of the panel, the agency and the individual.
(c) The special hearing panel shall consider
				the petition, answer, other written documents, official records, oral
				arguments, and such other information or testimony as either the agency or the
				individual deems pertinent, material or relevant. The special hearing panel may
				request and the agency and individual shall provide such additional
				non-privileged affidavits, statements, answers to interrogatories and copies of
				documents and records as are necessary to the resolution of the
				issues.
(d) The individual shall
				have the burden of proving by substantial competent evidence that the criminal
				history record information contained in the agency's records or submitted by
				the agency to FDLE is incorrect or incomplete. However, upon failure of the
				agency to answer the petition, to answer the individual's interrogatories or
				reasonable requests for other non-privileged written materials or copies of
				records, or to otherwise proceed in good faith hereunder, the burden shall
				shift to the agency.
(e) The
				special hearing panel, after consideration of all evidence and materials
				submitted to it and upon the agreement of at least two panelists, shall make
				tentative written findings of fact and conclusions of law, shall make a
				tentative but specific finding as to how the individual's record ought to be
				corrected or supplemented, if at all, and shall certify its findings to the
				individual and the agency. Default and summary findings are authorized in the
				event either party unreasonably refuses to proceed in good faith
				hereunder.
(f) Within ten days of
				receipt of the tentative findings, the individual or agency shall serve their
				written exceptions upon the other party and each member of the panel.
				Thereafter, the panel shall reconvene for the purpose of considering only the
				prior record, the written exceptions, timely written responses thereto, and
				such additional evidence as any member of the panel may demand of either the
				agency or the individual. The tentative findings described in paragraph
				11C-8.001(8)(e),
				F.A.C., may be modified as a majority of the members of the panel may deem
				appropriate, and shall become the final administrative findings of fact and
				law. The special panel shall be deemed to have concluded its business when its
				final findings are certified to the agency, the individual, and FDLE. The
				record of proceedings hereunder shall be retained by the presiding panelist but
				may be copied by either party as necessary for appropriate review.
(g) A party who has been adversely affected
				by the findings of the special hearing panel may, within ten days of receipt of
				the final administrative findings of fact and law, petition the Executive
				Director of FDLE for review of such findings. Review by the Executive Director
				shall be confined to the record transmitted. In the event no such petition is
				filed by either party, the agency and FDLE shall conform their respective
				criminal history records in accordance with the final findings of the
				panel.
(h) The Executive Director,
				upon review of the record shall make known the findings to the individual, the
				agency, and the presiding panelist in writing within thirty days after the
				filing of the petition for review. In the event the Executive Director is in
				agreement with the final findings of the special hearing panel, the Executive
				Director's determination shall so state and may adopt said findings; however,
				should the Executive Director reach a contrary result, he shall state with
				specificity the reason therefor.
(i) Unless within fifteen days after
				rendition of the Executive Director's final findings, either the agency or the
				individual notifies FDLE of its filing of suit to seek judicial review, the
				agency and FDLE shall forthwith conform their respective criminal history
				records in accordance with the Executive Director's findings. In the event
				timely notice is received that judicial review has been initiated, the records
				in issue shall remain unchanged pending the outcome of the judicial
				review.