Florida Administrative Code › 11 - DEPARTMENT OF LAW ENFORCEMENT › 11C - Division of Criminal Justice Information Systems › Chapter 11C-6 - CRIMINAL HISTORY RECORDS DISSEMINATION POLICY › Section 11C-6.010 - Retention of Applicant Fingerprints

Current through Reg. 50, No. 138; July 16, 2024
(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,
					  381.986,
					  381.988,
					  493.6105 FS.
New 11-30-04, Amended 6-9-08, 9-28-09, 5-21-12,
					 9-4-16.