Notice of Proposed Rule

DEPARTMENT OF LAW ENFORCEMENT
Division of Criminal Justice Information Systems
RULE NO: RULE TITLE
11C-4.003: Arrest Fingerprint Card Submission
11C-4.006: Final Disposition Reporting
PURPOSE AND EFFECT: Updates procedures for clerk of courts regarding disposition submissions.
SUMMARY: Rule 11C-4.003, F.A.C. – updates bureau name change and deletes references to an obsolete manual. Rule 11C-4.006, F.A.C. – updates procedures for clerk of courts regarding disposition submissions.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 943.03(4), 943.051(2), 943.052, 943.05(2)(d) FS.
LAW IMPLEMENTED: 943.05, 943.051, 943.052 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: Wednesday, April 2, 2008, 10:00 a.m.
PLACE: 2331 Phillips Road, Tallahassee, Florida 32308-1489
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Petrina Herring at (850)410-7100. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Petrina Herring, Florida Department of Law Enforcement, 2331 Phillips Road, Tallahassee, FL 32308, (850)410-7978

THE FULL TEXT OF THE PROPOSED RULE IS:

11C-4.003 Arrest Fingerprint Card Submission.

All law enforcement agencies of the State shall take the following action on all felony, misdemeanor, or comparable ordinance arrests of adults and on all felony and statutorily specified misdemeanor arrests of juveniles:

(1) Complete at the time of arrest, as outlined in the Department’s Criminal Justice Information Services Procedural Manual, an electronic submission of criminal arrest and fingerprint information containing legible quality fingerprint impressions, or a hard fingerprint card bearing an electronic equivalent information. The state identification number (FDLE NO.) should be recorded on each arrest fingerprint card when the arrestee has a prior arrest record.

(2) through (3) No change.

Specific Authority 943.03(4), 943.05(2)(d), 943.051(2) FS. Law Implemented 943.05, 943.051 FS. History–New 6-24-76, Amended 6-27-78, Formerly 11C-4.03, Amended 7-7-99, 3-21-07,__________.

 

11C-4.006 Final Disposition Reporting.

(1) through (2) No change.

(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 may submit disposition information to the Department in an automated format as approved by the Director of the Criminal Justice Information Services.

(4) If within 180 days after an arrest no disposition report to the Department has been made, the Department shall notify the arresting agency and request a disposition report. The arresting agency may forward the notice to the agency responsible for responding to the Department’s request according to arrangements agreed upon by authorities within each county or municipality. Thereafter the responsible agency shall provide such disposition report within 30 days.

Specific Authority 943.03(4), 943.052 FS. Law Implemented 943.052 FS. History–New 6-24-76, Amended 11-12-81, Formerly 11C-4.06, Amended 7-7-99, _______________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Jean Itzen, Criminal Justice Information Systems, Florida Department of Law Enforcement, 2331 Phillips Road, Tallahassee, Florida 32308, (850)410-7000
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Jean Itzen, Criminal Justice Information Systems, Florida Department of Law Enforcement, 2331 Phillips Road, Tallahassee, Florida 32308
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 26, 2008
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: January 18, 2008