reglab/statecodes huggingface dataset:
Florida Administrative Code › 11 - DEPARTMENT OF LAW ENFORCEMENT › 11C - Division of Criminal Justice Information Systems › Chapter 11C-4 - CRIME INFORMATION BUREAU; CRIMINAL HISTORY RECORDS; FINGERPRINTING AND REPORTS › Section 11C-4.006 - Final Disposition Reporting

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Law enforcement agencies, units of government responsible for jail facilities,
				clerks of the court, Department of Corrections and Department of Juvenile
				Justice shall submit disposition data on criminal arrests, pretrial
				dispositions, trials, sentencing, confinement, parole and probation.
(2) Responsibility for completing and
				forwarding the final disposition report to the Department for arrests prior to
				January 1, 1988, may reside with an arresting agency, prosecuting authority or
				clerk of the court, according to arrangements agreed upon by authorities within
				each county or municipality. For arrests occurring after January 1, 1988, the
				clerks of the court, within each county, are responsible for submitting final
				disposition information to the Department. The responsible agency shall submit
				disposition data to the Department for each arrest as soon as
				received.
(3) Agencies, and clerks
				of the court possessing the technical requirements to collect, process, store,
				and disseminate disposition data in an automated information management system
				shall submit disposition information to the Department using the automated
				submission software available on the Criminal Justice Network. Each court
				disposition charge shall be reported using Florida Statutes chapter, section
				and subsection when available.
(4)
				Contact the Department for information on how to access the disposition
				submission software at Disposition@fdle.state.fl.us.
Rulemaking Authority
					 943.03(4),
					 943.052 FS. Law Implemented
					 943.052
					 FS.
New 6-24-76, Amended 11-12-81, Formerly 11C-4.06, Amended
					 7-7-99, 6-9-08, 3-13-13.
Florida Administrative Code › 11 - DEPARTMENT OF LAW ENFORCEMENT › 11C - Division of Criminal Justice Information Systems › Chapter 11C-4 - CRIME INFORMATION BUREAU; CRIMINAL HISTORY RECORDS; FINGERPRINTING AND REPORTS › Section 11C-4.0065 - Orders of Executive Clemency; Disposition (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 943.03(4),
					 943.05(2)(d)
					 FS. Law Implemented 943.05,
					 943.051
					 FS.
New 11-12-81, Formerly 11C-4.065, Amended 7-7-99, Repealed
					 5-21-12.
Florida Administrative Code › 11 - DEPARTMENT OF LAW ENFORCEMENT › 11C - Division of Criminal Justice Information Systems › Chapter 11C-4 - CRIME INFORMATION BUREAU; CRIMINAL HISTORY RECORDS; FINGERPRINTING AND REPORTS › Section 11C-4.007 - Juvenile Offender Fingerprinting; Records (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 120.53,
					 943.03,
					 943.05 FS. Law Implemented
					 20.201,
					 120.53,
					 943.03,
					 943.05
					 FS.
New 11-28-75, Amended 6-27-78, Formerly 11C-4.02, Repealed
					 7-7-99.
Florida Administrative Code › 11 - DEPARTMENT OF LAW ENFORCEMENT › 11C - Division of Criminal Justice Information Systems › Chapter 11C-4 - CRIME INFORMATION BUREAU; CRIMINAL HISTORY RECORDS; FINGERPRINTING AND REPORTS › Section 11C-4.008 - Uniform Crime Reports Guide Manual

Current through Reg. 50, No. 138; July 16, 2024
All state, county, and municipal law enforcement agencies
				  shall submit to the Florida Department of Law Enforcement uniform crime reports
				  data setting forth their activities in connection with law enforcement as
				  required by law. The form, general content, time, and manner of submission of
				  such reports are set forth in the revised Florida Uniform Crime Reports Guide
				  Manual dated September 2017 incorporated herein by reference and on file with
				  the Secretary of State,
http://www.flrules.org/Gateway/reference.asp?No=Ref-09686
.
Rulemaking Authority
					 943.03(4),
					 943.05(2) FS.
					 Law Implemented 943.05(2),
					 943.1702
					 FS.
New 10-23-75, Formerly 11-2.01, Amended 7-4-79, Formerly
					 11C-2.03, Amended 3-11-92, Formerly 11C-2.003, Amended 7-7-99,
					 8-15-18.
Florida Administrative Code › 11 - DEPARTMENT OF LAW ENFORCEMENT › 11C - Division of Criminal Justice Information Systems › Chapter 11C-4 - CRIME INFORMATION BUREAU; CRIMINAL HISTORY RECORDS; FINGERPRINTING AND REPORTS › Section 11C-4.008 - Uniform Crime Reports Guide Manual

Current through Reg. 50, No. 138; July 16, 2024
All state, county, and municipal law enforcement agencies
				  shall submit to the Florida Department of Law Enforcement uniform crime reports
				  data setting forth their activities in connection with law enforcement as
				  required by law. The form, general content, time, and manner of submission of
				  such reports are set forth in the revised Florida Uniform Crime Reports Guide
				  Manual dated July 2023 incorporated herein by reference and on file with the
				  Secretary of State,
http://www.flrules.org/Gateway/reference.asp?No=Ref-16783
.
Rulemaking Authority
					 943.03(4),
					 943.05(2) FS.
					 Law Implemented 943.05(2),
					 943.1702
					 FS.
New 10-23-75, Formerly 11-2.01, Amended 7-4-79, Formerly
					 11C-2.03, Amended 3-11-92, Formerly 11C-2.003, Amended 7-7-99,
					 8-15-18.
Florida Administrative Code › 11 - DEPARTMENT OF LAW ENFORCEMENT › 11C - Division of Criminal Justice Information Systems › Chapter 11C-4 - CRIME INFORMATION BUREAU; CRIMINAL HISTORY RECORDS; FINGERPRINTING AND REPORTS › Section 11C-4.009 - Uniform Arrest Affidavits and Reports

Current through Reg. 50, No. 138; July 16, 2024
(1) A Uniform Probable Cause Affidavit, FDLE
				Form PCA 1 - March 2004, is hereby incorporated by reference and adopted for
				use by all law enforcement agencies in the State of Florida when making DUI
				arrests pursuant to section
				 316.193, F.S.
(2) A Uniform Alcohol Influence Report, FDLE
				Form AIR 1 - March 2004, is hereby incorporated by reference and adopted for
				use by all law enforcement agencies in the State of Florida when making DUI
				arrests pursuant to section
				 316.193, F. S.
(3) This rule shall not preclude the use of
				other probable cause affidavits or alcohol influence reports, and law
				enforcement agencies are authorized to supplement the Uniform Probable Cause
				Affidavit or the Uniform Alcohol Influence Report with additional affidavits
				and reports.
(4) Failure to use the
				Uniform Probable Cause Affidavit or the Uniform Alcohol Influence Report shall
				not prohibit prosecution of a person arrested for a violation of section
				316.193, F.S., and shall have no effect on the legality or validity of such
				arrest.
(5) The above referenced
				forms may be obtained by contacting the Florida Department of Law Enforcement,
				Alcohol Testing Program, P.O. Box 1489, Tallahassee, Florida
				32302.
Rulemaking Authority
					 943.05(2)(d)
					 FS. Law Implemented 316.193,
					 943.05(2)
					 FS.
New 7-27-04.
Florida Administrative Code › 11 - DEPARTMENT OF LAW ENFORCEMENT › 11C - Division of Criminal Justice Information Systems › Chapter 11C-4 - CRIME INFORMATION BUREAU; CRIMINAL HISTORY RECORDS; FINGERPRINTING AND REPORTS › Section 11C-4.010 - Criminal Justice Crime Data Reporting

Current through Reg. 50, No. 138; July 16, 2024
All state, county, and municipal law enforcement agencies
				  shall submit to the Florida Department of Law Enforcement (FDLE) incident-based
				  crime and use-of-force data. The form, general content, time, and manner of
				  submission of such reports are set forth in the FDLE Information Exchange
				  Package Documentation (IEPD) available at
				  http://www.flcjn.net/CJIS-Resources/Resources/FDLEIEPD.aspx, FDLE Interface
				  Control Document (ICD) available at
				  http://www.flcjn.net/CJIS-Resources/Resources/FDLE-ICD.aspx, Florida Incident
				  Based Reporting System (FIBRS) and Use-of-Force (UoF) data dictionaries
				  available at
				  http://www.flcjn.net/CJIS-Resources/Resources/UCR-Resources/FIBRS-Reporting/FIBRS-and-UoF-Data-Dictionaries.aspx,
				  and the Federal Bureau of Investigation National Incident-Based Reporting
				  System User Manual available at
https://www.fbi.gov/file-repository/ucr/ucr-2019-1-nibrs-user-manua-093020.pdf/view
.
Rulemaking Authority
					 943.03(4),
					 943.05(2) FS.
					 Law Implemented 943.05(2),
					 943.1702,
					 943.6872
					 FS.
New 7-6-22.
Florida Administrative Code › 11 - DEPARTMENT OF LAW ENFORCEMENT › 11C - Division of Criminal Justice Information Systems › Chapter 11C-4 - CRIME INFORMATION BUREAU; CRIMINAL HISTORY RECORDS; FINGERPRINTING AND REPORTS › Section 11C-4.010 - Criminal Justice Crime Data Reporting

Current through Reg. 50, No. 138; July 16, 2024
All state, county, and municipal law enforcement agencies
				  shall submit to the Florida Department of Law Enforcement (FDLE) incident-based
				  crime and use-of-force data. The form, general content, time, and manner of
				  submission of such reports are set forth in the FDLE Information Exchange
				  Package Documentation (IEPD) available at
				  http://www.flcjn.net/CJIS-Resources/Resources/FDLEIEPD.aspx, FDLE Interface
				  Control Document (ICD) available at
				  http://www.flcjn.net/CJIS-Resources/Resources/FDLE-ICD.aspx, Florida Incident
				  Based Reporting System (FIBRS) and Use-of-Force (UoF) data dictionaries
				  available at
				  http://www.flcjn.net/CJIS-Resources/Resources/UCR-Resources/FIBRS-Reporting/FIBRS-and-UoF-Data-Dictionaries.aspx,
				  and the Federal Bureau of Investigation National Incident-Based Reporting
				  System User Manual available at
https://le.fbi.gov/file-repository/nibrs-user-manual.pdf/view
.
Rulemaking Authority
					 943.03(4),
					 943.05(2) FS.
					 Law Implemented 943.05(2),
					 943.1702,
					 943.6872
					 FS.
New 7-6-22.
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-6.001 - Posture of Department and Other Agencies (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 120.53,
					 943.03 FS. Law Implemented
					 120.53,
					 943.05
					 FS.
New 6-24-76, Formerly 11C-6.01, Repealed
					 7-7-99.
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-6.002 - Present Policy (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 943.03,
					 943.05 FS. Law Implemented
					 943.05,
					 943.08
					 FS.
New 6-24-76, Formerly 11C-6.02, Repealed
					 7-7-99.
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-6.003 - System Security and Public Access (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 943.03(4),
					 943.05(2)(d),
					 943.053 FS. Law Implemented
					 119.07,
					 943.053
					 FS.
New 12-9-76, Formerly 11C-6.03, Amended 7-7-99, Repealed
					 5-21-12.
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-6.004 - Procedures for Requesting Criminal History Records

Current through Reg. 50, No. 138; July 16, 2024
(1) Requests for Florida criminal history
				records contained in the systems of the Florida Department of Law Enforcement
				are to be requested through electronic means as provided by the Department or
				directed to the following address:
Florida Department of Law Enforcement
Division of Criminal Justice Information Services
Criminal History Services
Post Office Box 1489
Tallahassee, Florida 32302-1489.
In order for the Department to respond to requests for
				  Florida criminal history information, the person or entity who wishes to review
				  or secure such information shall provide to the Department the subject's full
				  name, race, sex, and date of birth or approximate age. If available, the social
				  security number may be provided.
(2) All requests will be subject to
				processing in the following declining order of priorities:
(a) Requests from law enforcement and
				criminal justice agencies for criminal justice purposes, including criminal
				justice agency applicant processing;
(b) Requests for a personal record review
				pursuant to Rule  11C-8.001, F.A.C.;
(c) Requests from the Judicial Qualifications
				Commission, the Governor, and the President of the Senate or the appropriate
				Senate standing committee, select committee or subcommittee thereof relating to
				the appointment of officers;
(d)
				Requests from non-criminal justice agencies having specific statutory authority
				to receive criminal history information;
(e) Requests from other governmental agencies
				relying upon the Public Records Law (Chapter 119, F.S.);
(f) Requests from private individuals,
				businesses or organizations relying upon the Public Records
				Law.
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-6.004 - Procedures for Requesting Criminal History Records

Current through Reg. 50, No. 138; July 16, 2024
(1) Requests for Florida criminal history
				records contained in the systems of the Florida Department of Law Enforcement
				are to be requested through electronic means as provided by the Department or
				directed to the following address:
Florida Department of Law Enforcement
Division of Criminal Justice Information Services
Criminal History Services
Post Office Box 1489
Tallahassee, Florida 32302-1489.
In order for the Department to respond to requests for
				  Florida criminal history information, the person or entity who wishes to review
				  or secure such information shall provide to the Department the subject's full
				  name, race, sex, and date of birth or approximate age. If available, the social
				  security number may be provided.
(2) All requests will be subject to
				processing in the following declining order of priorities:
(a) Requests from law enforcement and
				criminal justice agencies for criminal justice purposes, including criminal
				justice agency applicant processing;
(b) Requests for a personal record review
				pursuant to Rule 11C-8.001, F.A.C.;
(c) Requests from the Judicial Qualifications
				Commission, the Governor, and the President of the Senate or the appropriate
				Senate standing committee, select committee or subcommittee thereof relating to
				the appointment of officers;
(d)
				Requests from non-criminal justice agencies having specific statutory authority
				to receive criminal history information;
(e) Requests from other governmental agencies
				relying upon the Public Records Law (Chapter 119, F.S.);
(f) Requests from private individuals,
				businesses or organizations relying upon the Public Records Law.
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-6.005 - Access to Criminal Justice Information for Research or Statistical Purposes

Current through Reg. 50, No. 138; July 16, 2024
(1) Each request of
				the Department of Law Enforcement for criminal justice information for research
				or statistical purposes shall be processed through the Director's Office of the
				Division of Criminal Justice Information Systems.
(2)
(a) All
				requests shall be made in writing and directed to:
Florida Department of Law Enforcement
Division of Criminal Justice Information Services
Director's Office
Post Office Box 1489
Tallahassee, Florida 32302-1489
(b) All requests shall contain the name,
				address, and telephone number of the applicant; a brief summary of the project;
				the type of criminal justice information desired; and the intended use for the
				criminal justice information.
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-6.005 - Access to Criminal Justice Information for Research or Statistical Purposes

Current through Reg. 50, No. 138; July 16, 2024
(1) Each request of
				the Department of Law Enforcement for criminal justice information for research
				or statistical purposes shall be processed through the Director's Office of the
				Division of Criminal Justice Information Systems.
(2)
(a) All
				requests shall be made in writing and directed to:
Florida Department of Law Enforcement
Division of Criminal Justice Information Services
Director's Office
Post Office Box 1489
Tallahassee, Florida 32302-1489
Or shall be submitted electroincally to:
				  FSAC@fdle.state.fl.us
(b)
				All requests shall contain the name, address, and telephone number of the
				applicant; a brief summary of the project; the type of criminal justice
				information desired; and the intended use for the criminal justice
				information.
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-6.006 - Facsimile Transmission (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 943.03(3),
					 943.05(2)(e)
					 FS. Law Implemented 943.05(2)(a)
					 FS.
New 11-12-81, Formerly 11C-6.06, Repealed
					 7-7-99.
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-6.007 - Record Validation (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 943.03(3),
					 943.05(2)(e)
					 FS. Law Implemented 943.05(2)(a)
					 FS.
New 11-12-81, Formerly 11C-6.07, Amended 6-9-87, Repealed
					 7-7-99.
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-6.008 - User Agreements (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 943.03(3),
					 943.05(2)(e)
					 FS. Law Implemented 943.0525
					 FS.
New 11-12-81, Formerly 11C-6.08, Repealed
					 7-7-99.
Florida Administrative Code › 11 - DEPARTMENT OF LAW ENFORCEMENT › 11C - Division of Criminal Justice Information Systems › Chapter 11C-7 - CRIMINAL HISTORY RECORDS; EXPUNCTION AND SEALING POLICY AND PROCEDURES › Section 11C-7.001 - Policy Governing Court-Ordered Expunction and Sealing (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 943.03,
					 943.05(2)(e)
					 FS. Law Implemented 943.058
					 FS.
New 6-24-76, Amended 11-12-81, Formerly 11C-7.01, Repealed
					 8-3-92.
Florida Administrative Code › 11 - DEPARTMENT OF LAW ENFORCEMENT › 11C - Division of Criminal Justice Information Systems › Chapter 11C-7 - CRIMINAL HISTORY RECORDS; EXPUNCTION AND SEALING POLICY AND PROCEDURES › Section 11C-7.002 - Procedure on Court-Ordered Expunctions (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 943.03,
					 943.05,
					 943.058 FS. Law Implemented
					 943.058
					 FS.
New 6-24-76, Amended 11-12-81, Formerly 11C-7.02, Repealed
					 8-3-92.
Florida Administrative Code › 11 - DEPARTMENT OF LAW ENFORCEMENT › 11C - Division of Criminal Justice Information Systems › Chapter 11C-7 - CRIMINAL HISTORY RECORDS; EXPUNCTION AND SEALING POLICY AND PROCEDURES › Section 11C-7.003 - Administrative Expunction (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 943.03,
					 943.05,
					 943.08 FS. Law Implemented
					 943.03,
					 943.05,
					 943.08
					 FS.
New 6-24-76, Formerly 11C-7.03, Repealed
					 12-9-76.
Florida Administrative Code › 11 - DEPARTMENT OF LAW ENFORCEMENT › 11C - Division of Criminal Justice Information Systems › Chapter 11C-7 - CRIMINAL HISTORY RECORDS; EXPUNCTION AND SEALING POLICY AND PROCEDURES › Section 11C-7.0035 - Administrative Expunction (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 943.03,
					 943.05(2)(e)
					 FS. Law Implemented 943.058
					 FS.
New 11-12-81, Formerly 11C-7.035, Repealed
					 8-3-92.
Florida Administrative Code › 11 - DEPARTMENT OF LAW ENFORCEMENT › 11C - Division of Criminal Justice Information Systems › Chapter 11C-7 - CRIMINAL HISTORY RECORDS; EXPUNCTION AND SEALING POLICY AND PROCEDURES › Section 11C-7.004 - Federal Criminal History Records (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 943.03,
					 943.05,
					 943.08 FS. Law Implemented
					 943.05,
					 943.08
					 FS.
New 6-24-76, Formerly 11C-7.04, Repealed
					 8-3-92.
Florida Administrative Code › 11 - DEPARTMENT OF LAW ENFORCEMENT › 11C - Division of Criminal Justice Information Systems › Chapter 11C-7 - CRIMINAL HISTORY RECORDS; EXPUNCTION AND SEALING POLICY AND PROCEDURES › Section 11C-7.005 - Policies Governing Court-Ordered Expunctions and Sealings (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 943.03,
					 943.0585,
					 943.059 FS. Law Implemented
					 943.0585,
					 943.059
					 FS.
New 8-5-92, Formerly 11C-7.01, Repealed
					 7-7-99.
Florida Administrative Code › 11 - DEPARTMENT OF LAW ENFORCEMENT › 11C - Division of Criminal Justice Information Systems › Chapter 11C-7 - CRIMINAL HISTORY RECORDS; EXPUNCTION AND SEALING POLICY AND PROCEDURES › Section 11C-7.007 - Procedures on Court-Ordered Sealings

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Prior to petitioning the court to seal a criminal history record, the subject
				must apply to the Department for a certificate of eligibility for sealing. The
				application packet for the certificate of eligibility must include:
(a) A money order, cashier's check, certified
				check, personal check or business check for $75.00 made payable to the Florida
				Department of Law Enforcement. This processing fee is non-refundable,
				regardless of the results of the certification review. A fee waiver may be
				granted by the Executive Director of the Department upon submission of a
				written request and in his determination that the waiver is in the best
				interests of criminal justice.
(b)
				A completed Application for Certification of Eligibility. The subject must
				complete section A of the application. The Application for Certification of
				Eligibility (form number FDLE 40-021, rev. June 2021 and incorporated by
				reference)
https://www.flrules.org/Gateway/reference.asp?No=Ref-14424
,
				may be obtained from:
1. The Clerk of the
				Court, or
2. Florida Department of
				Law Enforcement
Seal and Expunge Section
Post Office Box 1489
Tallahassee, Florida 32302-1489
Email: SEINFO@fdle.state.fl.us
Telephone Number: (850)410-7870
Website:
				  http://www.fdle.state.fl.us/Seal-and-Expunge-Process/Seal-and-Expunge-Home
(c) 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. The
				fingerprinting 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 subject must pay any fees required by the law enforcement agency or
				vendor for providing this service. The fingerprint card must contain all
				required identifying data. If a copy of the Applicant Fingerprint Card or FDLE
				fingerprint sheet is needed, it may be obtained from:
1. The Clerk of the Court, or
2. Florida Department of Law Enforcement
Seal and Expunge Section
Post Office Box 1489
Tallahassee, Florida 32302-1489
Email: SEINFO@fdle.state.fl.us
Telephone Number: (850)410-7870
Website:
				  http://www.fdle.state.fl.us/Seal-and-Expunge-Process/Seal-and-Expunge-Home
(d) A certified copy of the disposition of
				the charge or charges to which the Application for Certificate of Eligibility
				to seal pertains. The subject should obtain this document from the Clerk of the
				Court in the appropriate jurisdiction. The subject must pay any fees required
				by the Clerk of the Court for providing this service.
Florida Administrative Code › 11 - DEPARTMENT OF LAW ENFORCEMENT › 11C - Division of Criminal Justice Information Systems › Chapter 11C-7 - CRIMINAL HISTORY RECORDS; EXPUNCTION AND SEALING POLICY AND PROCEDURES › Section 11C-7.008 - Administrative Expunction Procedures

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Non-judicial records of arrest made contrary to law or by mistake will be
				administratively expunged by the Department, upon application by the arresting
				law enforcement agency, or by the person arrested or, in the case of a minor
				child, the parent or legal guardian of the minor person arrested. An
				application submitted by the person arrested or the parent or legal guardian of
				the minor person arrested, shall be supported by the endorsement of the head or
				chief law enforcement officer of the arresting agency or of the state attorney
				of the judicial circuit in which the arrest occurred.
(2) Application for administrative expunction
				requires either that the arresting law enforcement agency has determined that
				the arrest was made contrary to law or by mistake; or that a court of competent
				jurisdiction has entered a final order finding that the arrest was made
				contrary to law or by mistake.
(3)
				An application for administrative expunction must be in writing. If submitted
				by the arresting law enforcement agency, the application shall be on agency
				letterhead, and signed by the head or chief law enforcement officer of the
				arresting agency or his or her authorized designee. An application submitted by
				the person arrested or the parent or legal guardian of the minor person
				arrested, must be in writing and must identify the relationship of the person
				signing the application to the person arrested.
(4) A supporting endorsement of an
				application submitted by the person arrested or the parent or legal guardian of
				the minor person arrested, must be in writing, on agency letterhead, and signed
				by the head or chief law enforcement officer of the arresting agency or his or
				her authorized designee or by the state attorney of the judicial circuit in
				which the arrest occurred or his or her authorized designee.
(5) An application for administrative
				expunction submitted by the arresting law enforcement agency, or the supporting
				endorsement in the case of an application submitted by the person arrested or
				the parent or legal guardian of the minor person arrested, shall identify the
				arrest to be expunged by providing the following information. Written documents
				related to administrative expunctions shall make specific reference to
				identifying information, including:
(a) Name
				and Aliases;
(b) Sex and
				Race;
(c) Date of Birth;
(d) Social Security Number (if available,
				used for identification - not mandatory);
(e) Date and Time of Arrest;
(f) Original Charges(s);
(g) FDLE Number and FBI Number (if applicable
				and known);
(h) OBTS
				Number;
(i) Reason for
				Administrative Expunction;
Florida Administrative Code › 11 - DEPARTMENT OF LAW ENFORCEMENT › 11C - Division of Criminal Justice Information Systems › Chapter 11C-7 - CRIMINAL HISTORY RECORDS; EXPUNCTION AND SEALING POLICY AND PROCEDURES › Section 11C-7.009 - Procedures on Juvenile Diversion Expunctions

Current through Reg. 50, No. 138; July 16, 2024
(1) A minor who has successfully completed a
				diversion program as authorized by Section
				 985.125, F.S., which program
				satisfies the requirements found at Section
				 943.0582, F.S., may apply
				directly to the Department for expunction of the minor's juvenile nonjudicial
				arrest record. The application packet for the Juvenile Diversion Expunction
				must include:
(a) A completed Application for
				Juvenile Diversion Expunction. The subject must complete section A of the
				application. The Application for Juvenile Diversion Expunction, form number
				FDLE 40-025 (rev. July 2022), hereby incorporated by reference,
https://www.flrules.org/Gateway/reference.asp?No=Ref-15824
,
				may be obtained from:
1. The Clerk of the
				Court, or
2. Florida Department of
				Law Enforcement
Seal and Expunge Section
Post Office Box 1489
Tallahassee, Florida 32302-1489
Email: SEINFO@fdle.state.fl.us
Telephone Number: (850)410-7870
Website:
				  http://www.fdle.state.fl.us/Seal-and-Expunge-Process/Seal-and-Expunge-Home
Florida Administrative Code › 11 - DEPARTMENT OF LAW ENFORCEMENT › 11C - Division of Criminal Justice Information Systems › Chapter 11C-7 - CRIMINAL HISTORY RECORDS; EXPUNCTION AND SEALING POLICY AND PROCEDURES › Section 11C-7.013 - Procedures for Automatic Sealing of Criminal History Records

Current through Reg. 50, No. 138; July 16, 2024
(1) For implementation of this rule chapter
				the Department shall receive criminal history dispositions from the clerks of
				court in the same manner as required by Section
				 943.052, F.S.
(2) Upon reciept of a disposition from a
				clerk of court as prescribed in subsection (1), the criminal history record
				eligible for sealing under Section
				 943.0595(2),
				F.S., shall be automatically sealed by the Department.
Rulemaking Authority
					 943.03(4),
					 943.0595(1) FS.
					 Law Implemented 943.0595
					 FS.
New 5-5-20.
Florida Administrative Code › 11 - DEPARTMENT OF LAW ENFORCEMENT › 11C - Division of Criminal Justice Information Systems › Chapter 11C-10 - MISSING ENDANGERED PERSONS CLEARINGHOUSE › Section 11C-10.001 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
(1) "Approved biological specimen" shall mean
				either a direct reference sample or a family reference sample.
(2) "Buccal swab" shall mean epithelial cells
				collected from the cheek in the oral cavity using a sterile cotton-tipped
				swab.
(3) "Direct reference sample"
				shall mean any known DNA standard or biological specimen, which is known to
				originate from the missing child or adult. Examples include a known medical
				blood sample, razor, or toothbrush.
(4) "Family reference sample" shall mean a
				DNA specimen that is obtained from a biologically related family member of a
				missing child or adult.
(5) "Family
				reference sample collection kit" shall mean an approved DNA collection kit that
				provides a means of collecting DNA reference samples from biologically related
				family members of a missing child or adult. These DNA collection kits are
				assembled by the University of North Texas Center for Human Identification, and
				include a buccal swab collection kit or the FBI National Missing Person DNA
				Database, which utilizes a FBI blood cell collection kit. Each kit contains DNA
				collection instructions, consent forms for the donor, missing person
				information forms, and any items provided to collect DNA samples.
(6) The terms missing child or missing adult
				shall have the same meanings as provided for in Section
				 937.0201,
				F.S.
Rulemaking Authority
					 943.03(4),
					 937.021(7) FS.
					 Law Implemented 937.021,
					 937.022
					 FS.
New 4-16-09.
Florida Administrative Code › 11 - DEPARTMENT OF LAW ENFORCEMENT › 11C - Division of Criminal Justice Information Systems › Chapter 11C-10 - MISSING ENDANGERED PERSONS CLEARINGHOUSE › Section 11C-10.002 - Procedures

Current through Reg. 50, No. 138; July 16, 2024
(1) If a missing child or adult is not
				located within 90 days after the missing child or missing adult report is
				filed, the law enforcement agency that accepted the report shall attempt to
				obtain a biological specimen for DNA analysis from the missing child or missing
				adult or from biologically related family members. The law enforcement agency
				can provide a biological specimen for DNA analysis prior to the expiration of
				the 90-day period.
(2) Submission
				of a direct reference sample of the missing child or adult.
(a) The law enforcement agency shall submit a
				direct reference sample, which can include a known medical blood sample,
				toothbrush, or razor, to the University of North Texas (UNT) Center for Human
				Identification Center at 3500 Camp Bowie Blvd., Fort Worth, Texas 76054, phone
				number (800)763-3147, or the Federal Bureau of Investigation (FBI) National
				Missing Person DNA Database, FBI Laboratory, Evidence Control Unit, Samples for
				National Missing Person DNA Database, 2501 Investigation Parkway, Quantico, VA
				22135, phone number (703)632-7582. Direct reference sample submission
				instructions are also available on the CJNet on the Missing Endangered Persons
				Information Clearinghouse Website, under the DNA link, URL address:
				http://mcic.flcjn.net/MCICsearch, or contact the Florida Department of Law
				Enforcement Missing Endangered Persons Information Clearinghouse, P. O. Box
				1489, Tallahassee, Florida 32302-1489, phone number (888)356-4774.
(b) A direct reference sample shall be
				accompanied by family reference DNA samples. If no family reference DNA samples
				exist, the law enforcement agency shall include a written notice at the time of
				the direct reference sample submission.
(c) The law enforcement agency shall follow
				the instructions provided by the UNT or the FBI for the collection, labeling,
				storage, handling and submission of a direct reference sample.
(d) If no direct reference sample exists, the
				law enforcement agency shall attempt to obtain family reference DNA samples for
				submission.
Florida Administrative Code › 11 - DEPARTMENT OF LAW ENFORCEMENT › 11C - Division of Criminal Justice Information Systems › Chapter 11C-11 - CRIMINAL JUSTICE DATA TRANSPARENCY › Section 11C-11.001 - Procedures on Criminal Justice Data Transparency

Current through Reg. 50, No. 138; July 16, 2024
(1) FDLE will use an Interface Control
				Document, available at http://www.flcjn.net/CJIS-Resources/Resources/CJDT to
				establish the requirements for the entities subject to the requirements of
				Section  900.05, F.S. to submit
				data.
(2) The data is cataloged, by
				reporting entities, in the data dictionaries available at
				http://www.flcjn.net/CJIS-Resources/Resources/CJDT/Data-Dictionary.
(3) FDLE will use Information Exchange
				Package Documentation (IEPD) to compile, structure, and tag all information
				associated with each case number and unique identifier.
(4) FDLE will use agency standards and
				industry accepted tools to monitor the access, throughput, and availability to
				Criminal Justice Data Transparency.
(5) The Criminal Justice Data Transparency
				information is accessed by the public at
				http://www.fdle.state.fl.us/FSAC/CJDT/CJDT-Home. This website also contains
				information about the data as required by Section
				 943.6871(5),
				F.S.
Rulemaking Authority
					 943.03(4),
					 943.6871(5) FS.
					 Law Implemented 943.6871
					 FS.
New 5-5-20.
Florida Administrative Code › 11 - DEPARTMENT OF LAW ENFORCEMENT › 11D - Division of Local Law Enforcement Assistance › Chapter 11D-2 - DIVISION OF LOCAL LAW ENFORCEMENT ASSISTANCE › Section 11D-2.001 - Division Director (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 120.53(1)(a),
					 943.03 FS. Law Implemented
					 20.201(2)(b),
					 120.53(1)(a),
					 943.26
					 FS.
New 4-21-87, Repealed
					 7-6-99.
Florida Administrative Code › 11 - DEPARTMENT OF LAW ENFORCEMENT › 11D - Division of Local Law Enforcement Assistance › Chapter 11D-2 - DIVISION OF LOCAL LAW ENFORCEMENT ASSISTANCE › Section 11D-2.002 - Organization of the Division (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 120.53(1)(a),
					 943.03(3) FS.
					 Law Implemented 20.04,
					 20.05,
					 23.121,
					 120.53(1)(a),
					 406.02(1),
					 943.26,
					 943.355
					 FS.
New 4-21-87, Amended 1-6-91, Repealed
					 7-6-99.
Florida Administrative Code › 11 - DEPARTMENT OF LAW ENFORCEMENT › 11D - Division of Local Law Enforcement Assistance › Chapter 11D-2 - DIVISION OF LOCAL LAW ENFORCEMENT ASSISTANCE › Section 11D-2.003 - Powers and Duties of Division (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 120.53(1)(a),
					 943.03 FS. Law Implemented
					 20.201(2)(b),
					 120.53(1)(a),
					 943.26
					 FS.
New 4-21-98, Amended 1-6-91, Repealed
					 7-6-99.
Florida Administrative Code › 11 - DEPARTMENT OF LAW ENFORCEMENT › 11D - Division of Local Law Enforcement Assistance › Chapter 11D-2 - DIVISION OF LOCAL LAW ENFORCEMENT ASSISTANCE › Section 11D-2.005 - Methamphetamine Precursor Electronic Monitoring System

Current through Reg. 50, No. 138; July 16, 2024
(1) A pharmacy or retailer conducting
				business within the state of Florida who engages in the sale of any
				nonprescription compound, mixture, or preparation containing ephedrine or
				related compounds shall be required to participate in the Methamphetamine
				Precursor Electronic Monitoring System.
(2) Definitions:
(a) "Department" means the Florida Department
				of Law Enforcement (FDLE).
(b)
				"Exemption" refers to the two part criteria outlined in section
				 893.1495(5)(b),
				F.S., which states; "a pharmacy or retailer may request an exemption from
				electronic reporting from the Department of Law Enforcement if the pharmacy or
				retailer lacks the technology to access the electronic recordkeeping system and
				such pharmacy or retailer maintains a sales volume of less than 72 grams of
				ephedrine or related compounds in a 30 day period."
(c) "National Precursor Log Exchange" (NPLEx)
				refers to the FDLE approved Methamphetamine Precursor Electronic Monitoring
				System.
(d) "Retailer" refers to
				any person, entity, or business including a pharmacy, within the state of
				Florida, who engages in the sale of nonprescription compounds, mixtures, or
				preparations containing ephedrine or related compounds, ephedrine or related
				products that does not meet the criteria in section
				 893.1495(5)(b) 
				or  893.1495(10),
				F.S.
Florida Administrative Code › 11 - DEPARTMENT OF LAW ENFORCEMENT › 11D - Division of Local Law Enforcement Assistance › Chapter 11D-6 - DNA DATABASE COLLECTION › Section 11D-6.001 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
As used in Rule
				   11D-6.003, F.A.C., the following
				  definitions apply:
(1) "DNA sample"
				means a buccal or other approved biological specimen capable of undergoing DNA
				analysis.
(2) "Buccal sample" shall
				mean epithelial cells collected from the cheek in the oral cavity utilizing an
				FDLE-approved swab collection kit.
(3) "Other approved biological specimen"
				shall mean a specimen of whole blood, at least 7 cc in volume.
(4) "Qualifying Offender" "shall mean a
				person as specified in Section
				 943.325(2),
				 943.325(9),
				 947.1405(7)(a) 
				or  948.30(1),
				F.S.
(5) "Labels" shall mean
				shipping labels provided by the Department for the return of DNA sample
				collection kits.
(6) FALCON is
				Florida's Integrated Criminal History System. This system allows for the
				biometric identification of criminal subjects.
(7) "Rapid-ID Edge Device" shall mean an
				electronic fingerprint device attached to "FALCON" and available to criminal
				justice agencies within the state. This device and accompanying software allows
				agencies responsible for sample collection to determine if a qualifying
				offender DNA sample is on file, or if collection of the sample is
				required.
Rulemaking Authority
					 943.03(4),
					 943.325(4), (5),
					 (17) FS. Law Implemented
					 943.325
					 FS.
New 7-4-90, Amended 7-6-99, 8-22-00, 11-5-02, 3-21-07,
					 6-3-10, 3-13-13.
Florida Administrative Code › 11 - DEPARTMENT OF LAW ENFORCEMENT › 11D - Division of Local Law Enforcement Assistance › Chapter 11D-6 - DNA DATABASE COLLECTION › Section 11D-6.001 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
As used in Rule 11D-6.003, F.A.C., the following definitions
				  apply:
(1) "DNA sample" means a buccal
				or other approved biological specimen capable of undergoing DNA
				analysis.
(2) "Buccal sample" shall
				mean epithelial cells collected from the cheek in the oral cavity utilizing an
				FDLE-approved swab collection kit.
(3) "Other approved biological specimen"
				shall mean a specimen of whole blood, at least 7 cc in volume.
(4) "Qualifying Offender" "shall mean a
				person as specified in Section
				943.325(2),
				943.325(9),
				947.1405(7)(a)
				or 948.30(1),
				F.S.
(5) "Labels" shall mean
				shipping labels provided by the Department for the return of DNA sample
				collection kits.
(6) FALCON is
				Florida's Integrated Criminal History System. This system allows for the
				biometric identification of criminal subjects.
(7) "Rapid-ID Edge Device" shall mean an
				electronic fingerprint device attached to "FALCON" and available to criminal
				justice agencies within the state. This device and accompanying software allows
				agencies responsible for sample collection to determine if a qualifying
				offender DNA sample is on file, or if collection of the sample is
				required.
(8) "Rapid DNA booking
				device" shall mean a fully automated system, approved for use at NDIS by law
				enforcement booking agency, to produce a CODIS acceptable DNA profile from an
				arrestee buccal swab without human interpretation in under two hours.
(9) "Rapid DNA Anaylsis" shall mean a fully
				automated process of developing a CODIS acceptable DNA profile from a buccal
				sample without human interpretation. This type of analyses provides a proper
				procedure, including requisite identification information, for state and local
				law enforcement and correctional agencies to collect and submit DNA samples to
				be maintained in the statewide DNA database.
Rulemaking Authority
					 943.03(4),
					 943.325(4), (5),
					 (17) FS. Law Implemented
					 943.325
					 FS.
New 7-4-90, Amended 7-6-99, 8-22-00, 11-5-02, 3-21-07,
					 6-3-10, 3-13-13.
Florida Administrative Code › 11 - DEPARTMENT OF LAW ENFORCEMENT › 11D - Division of Local Law Enforcement Assistance › Chapter 11D-6 - DNA DATABASE COLLECTION › Section 11D-6.002 - Applicability (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 943.03,
					 943.325(7)(d)
					 FS. Law Implemented 943.325
					 FS.
New 7-4-90, Repealed
					 7-6-99.
Florida Administrative Code › 11 - DEPARTMENT OF LAW ENFORCEMENT › 11D - Division of Local Law Enforcement Assistance › Chapter 11D-6 - DNA DATABASE COLLECTION › Section 11D-6.003 - Procedures

Current through Reg. 50, No. 138; July 16, 2024
(1) DNA Sample collection.
(a) A qualifying offender providing DNA
				samples must be identified in the manner specified by the Oral Swab Collection
				Kit Instructions and Form FDLE/FOR-005, revised September 2015, and
				incorporated by reference,
http://www.flrules.org/Gateway/reference.asp?No=Ref-08461
,
				prior to taking the DNA samples from such offender. Form FDLE/FOR-005 and
				additional kits may be obtained from the Florida Department of Law Enforcement,
				DNA Database, Post Office Box 1489, Tallahassee, Florida 32302-1489. A
				qualifying offender may also be identified through use of the Falcon Rapid-ID
				Edge device.
1. DNA samples submitted from
				qualifying offenders without the use of the Falcon Rapid-ID Edge device must be
				accompanied by a completed Swab Collection Kit form FDLE/FOR-005. The
				imprinting of the offender's left and right thumbs, by means of an inked
				impression, in the spaces indicated on the form shall be completed as well.
				Inked fingerprint impressions must be legible for fingerprint classification
				and comparison purposes. DNA samples accompanied by one or more illegible inked
				fingerprint impressions will be unacceptable for entry into the DNA Database
				and will be rejected by FDLE. The collecting agency must then submit a new DNA
				sample and completed form.
2. DNA
				Samples submitted from qualifying offenders through use of the FALCON Rapid-ID
				Edge device must be accompanied by the printout and barcode generated by the
				application. Any required information not captured by the Falcon/Rapid-ID DNA
				Availability application shall be filled out on the Swab Collection Kit form
				FDLE/FOR-005.
Florida Administrative Code › 11 - DEPARTMENT OF LAW ENFORCEMENT › 11D - Division of Local Law Enforcement Assistance › Chapter 11D-6 - DNA DATABASE COLLECTION › Section 11D-6.003 - Procedures

Current through Reg. 50, No. 138; July 16, 2024
(1) DNA Sample collection.
(a) A qualifying offender providing DNA
				samples must be identified in the manner specified by the Oral Swab Collection
				Kit Instructions and Form FDLE/FOR-005, revised September 2022, and
				incorporated by reference,
http://www.flrules.org/Gateway/reference.asp?No=Ref-16785
,
				prior to taking the DNA samples from such offender. Form FDLE/FOR-005 and
				additional kits may be obtained from the Florida Department of Law Enforcement,
				DNA Database, Post Office Box 1489, Tallahassee, Florida 32302-1489. A
				qualifying offender may also be identified through use of the Falcon Rapid-ID
				Edge device or during the process of Rapid DNA Analysis.
1. DNA samples submitted from qualifying
				offenders without the use of the Falcon Rapid-ID Edge device must be
				accompanied by a completed Swab Collection Kit form FDLE/FOR-005. The
				imprinting of the offender's left and right thumbs, by means of an inked
				impression, in the spaces indicated on the form shall be completed as well.
				Inked fingerprint impressions must be legible for fingerprint classification
				and comparison purposes. DNA samples accompanied by one or more illegible inked
				fingerprint impressions will be unacceptable for entry into the DNA Database
				and will be rejected by FDLE. The collecting agency must then submit a new DNA
				sample and completed form.
2. DNA
				samples submitted from qualifying offenders through use of the FALCON Rapid-ID
				Edge device must be accompanied by the printout and barcode generated by the
				application. Any required information not captured by the Falcon/Rapid-ID DNA
				Availability application shall be filled out on the Swab Collection Kit form
				FDLE/FOR-005.
3. DNA samples
				submitted from qualifying offenders and processed through the use of Rapid DNA
				Analysis shall include the submission of an additional DNA sample taken and
				accompanied by the printout and barcode generated by the application. Any
				required information not captured by the Falcon/Rapid-ID DNA Availability
				application shall be filled out on the Swab Collection Kit form
				FDLE/FOR-005.
Florida Administrative Code › 11 - DEPARTMENT OF LAW ENFORCEMENT › 11D - Division of Local Law Enforcement Assistance › Chapter 11D-8 - IMPLIED CONSENT PROGRAM › Section 11D-8.001 - Purpose - Scope (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 316.1932(1)(a)1.,
					 322.63(3)(a),
					 327.352(1)(d)
					 FS. Law Implemented 316.1932(1)(a)1.,
					 322.63(3)(a),
					 327.352(1)(d)
					 FS.
New 10-31-93, Repealed
					 1-1-97.