17364957, 11C-6.004 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 17364957

Notice of Proposed Rule

Department:

DEPARTMENT OF LAW ENFORCEMENT

Division:

Division of Criminal Justice Information Systems

Chapter:

CRIMINAL HISTORY RECORDS DISSEMINATION POLICY

Overview

RULE:

11C-6.004	Procedures for Requesting Criminal History Records
11C-6.009	Sale and Delivery of Firearms
11C-6.010	Retention of Applicant Fingerprints

PURPOSE:

Rule 11C-6.004, F.A.C. changes are requested to be consistent with statutory language and to update forms promulgated in rule for Volunteer and Employee Background Checks (VECHS) qualified entities requesting criminal history record checks under the National Child Protection Act.

Rule 11C-6.009, F.A.C. is amended to be consistent with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) rules for licensing firearms dealers. Changes also include removing reference to form number FDLE 40-019 since the form is not used and no longer exists and extending appeal timeframes from 21 calendar days to 60 calendar days as a direct benefit to the public, and to update references to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) form F-4473.

Rule 11C-6.010, F.A.C. is amended to move existing rule language in 11C-6.010(8), F.A.C. to 11C-6.010(2), F.A.C..  Replacing references to Automated Fingerprint Identification System (AFIS) to Biometric Identification System (BIS).  Adding reference to the Care Provider Clearinghouse retained applicants in Rule 11C-6.010(7), F.A.C..  Correcting statutory reference in Rule 11C-6.010(1), F.A.C..

SUMMARY:

Rule 11C-6.004, F.A.C. is amended make grammatical changes to be consistent with statute and to reflect that fingerprints must be submitted electronically in accordance with the Federal Bureau of Investigation requirements. The amendments also reflect changes to the Volunteer and Employee Background Checks (VECHS) Qualified Entity Application and the VECHS Dissemination Log.
Rule 11C-6.009, F.A.C. is amended to be consistent with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) rules for licensing firearms dealers. Changes also include removing reference to form number FDLE 40-019 since the form is not used and no longer exists and extending appeal time frames from 21 calendar days to 60 calendar days as a direct benefit to the public and to update references to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) form F-4473.

Rule 11C-6.010, F.A.C. is amended to move existing rule language in Rule 11C-6.010(8), F.A.C. to Rule 11C-6.010(2), F.A.C..  Replacing references to Automated Fingerprint Identification System (AFIS) to Biometric Identification System (BIS).  Adding reference to the Care Provider Clearinghouse retained applicants in 11C-6.010(7), F.A.C.  Correcting statutory reference in Rule 11C-6.010(1), F.A.C.

RULEMAKING AUTHORITY:

943.03(4), 943.053(3), 943.0542, 943.056, 790.065, 943.03(4), 943.05(2)(g-h), 1012.32(3), 1012.465, 1012.56, FS.

LAW:

943.0542, 943.056, 790.065 FS., 432.12, 496.4101(3)(c), 550.105(10)(c), 551.107(7)(c), 560.141(1)(c)3, 559.555(2)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, FS.

PRINT PUBLISH DATE:

6/7/2016 Vol. 42/110

COMMENTS:

From 6/7/2016 To 6/28/2016 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

Under Florida law, E-mail addresses are public records. If you do not want your E-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing.