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Florida Department of Law Enforcement Florida Department of Law Enforcement FLORIDA - AN OPEN RECORD STATE FLORIDA STATE STATUTE 119 CREATED FLORIDA’S PUBLIC RECORD ACT

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Page 1: Florida Department of Law Enforcement FLORIDA - AN OPEN RECORD STATE FLORIDA STATE STATUTE 119 CREATED FLORIDA’S PUBLIC RECORD ACT

Florida Department of Law EnforcementFlorida Department of Law Enforcement

FLORIDA - AN OPEN RECORD STATE

FLORIDA STATE STATUTE 119

CREATED FLORIDA’S PUBLIC RECORD ACT

Page 2: Florida Department of Law Enforcement FLORIDA - AN OPEN RECORD STATE FLORIDA STATE STATUTE 119 CREATED FLORIDA’S PUBLIC RECORD ACT

Florida Department of Law EnforcementFlorida Department of Law Enforcement

WHAT AGENCIES ARE SUBJECT TO FLORIDA’S PUBLIC RECORD ACT?

• ALL UNITS OF GOVERNMENT

• ANY PUBLIC OR PRIVATE ENTITY ACTING ON BEHALF OF ANY PUBLIC AGENCY

Page 3: Florida Department of Law Enforcement FLORIDA - AN OPEN RECORD STATE FLORIDA STATE STATUTE 119 CREATED FLORIDA’S PUBLIC RECORD ACT

Florida Department of Law EnforcementFlorida Department of Law Enforcement

WHAT MATERIALS ARE PUBLIC RECORDS?

• ALL MATERIALS MADE OR RECEIVED BY AN AGENCY IN CONNECTION WITH OFFICIAL BUSINESS USED TO PERPETUATE, COMMUNICATE OR FORMALIZE KNOWLEDGE.

• THE ONLY EXCEPTIONS MUST BE DEFINED BY STATUTE.

Page 4: Florida Department of Law Enforcement FLORIDA - AN OPEN RECORD STATE FLORIDA STATE STATUTE 119 CREATED FLORIDA’S PUBLIC RECORD ACT

Florida Department of Law EnforcementFlorida Department of Law Enforcement

WHAT ARE SOME OF THE LIMITATIONS ON DISCLOSURE?

• ACTIVE CRIMINAL INVESTIGATIONS• INTELLIGENCE INFORMATION• PERSONAL INFORMATION ABOUT:

– LAW ENFORCEMENT OFFICERS– STATEWIDE PROSECUTORS– STATE ATTORNEYS– CORRECTIONAL OR PROBATION

PERSONNEL

Page 5: Florida Department of Law Enforcement FLORIDA - AN OPEN RECORD STATE FLORIDA STATE STATUTE 119 CREATED FLORIDA’S PUBLIC RECORD ACT

Florida Department of Law EnforcementFlorida Department of Law Enforcement

FLORIDA’S CRIMINAL HISTORY RECORDS ARE AVAILABLE FOR

NON-CRIMINAL JUSTICE PURPOSES• FINGERPRINT BASED RECORD CHECKS

• STATE AND NATIONAL LICENSING AND EMPLOYMENT RECORD CHECKS

– INSTRUCTIONAL AND NON-INSTRUCTIONAL SCHOOL PERSONNEL

– CONCEALED WEAPON PERMIT HOLDERS

– CHILD CARE WORKERS

– PHYSICIANS

– OTHERS

Page 6: Florida Department of Law Enforcement FLORIDA - AN OPEN RECORD STATE FLORIDA STATE STATUTE 119 CREATED FLORIDA’S PUBLIC RECORD ACT

Florida Department of Law EnforcementFlorida Department of Law Enforcement

STATE LEVEL RECORD CHECKS - PRIMARILY NAME BASED CHECKS

• REQUIRED BY STATE STATUTE– SUMMER CAMP EMPLOYEES– NURSING HOME EMPLOYEES WHO HAVE LIVED IN

FLORIDA OVER 5 YEARS• REQUESTS FROM PRIVATE COMPANIES OR INDIVIDUALS

PURSUANT TO FLORIDA’S PUBLIC RECORD LAW– PRE-EMPLOYMENT CHECKS– CHECKING BABY SITTERS, NEIGHBORS, ETC.

Page 7: Florida Department of Law Enforcement FLORIDA - AN OPEN RECORD STATE FLORIDA STATE STATUTE 119 CREATED FLORIDA’S PUBLIC RECORD ACT

Florida Department of Law EnforcementFlorida Department of Law Enforcement

MECHANISMS FOR ACCESSING FLORIDA

CRIMINAL HISTORY RECORDS

• METHODS FOR SUBMISSION– STANDARD FBI CIVIL FINGERPRINTS– CORRESPONDENCE– MODEM– INTERNET - PILOT PROJECT

Page 8: Florida Department of Law Enforcement FLORIDA - AN OPEN RECORD STATE FLORIDA STATE STATUTE 119 CREATED FLORIDA’S PUBLIC RECORD ACT

Florida Department of Law EnforcementFlorida Department of Law Enforcement

MECHANISMS FOR ACCESSING FLORIDA

CRIMINAL HISTORY RECORDS

• METHODS FOR RETURNING RESULTS– PRINTED RESULTS– MODEM INTERFACE– INTERNET - PILOT PROJECT

Page 9: Florida Department of Law Enforcement FLORIDA - AN OPEN RECORD STATE FLORIDA STATE STATUTE 119 CREATED FLORIDA’S PUBLIC RECORD ACT

Florida Department of Law EnforcementFlorida Department of Law Enforcement

APPEALS REGARDING THE IDENTIFICATION OF RECORDS

• ALL RECORD REQUESTS THAT ARE NOT FINGERPRINT BASED INCLUDE THE FOLLOWING CAVEAT:– “IF YOU DID NOT SUBMIT FINGERPRINTS, THIS

RECORD IS PROVIDED AS A RESULT OF A NAME INQUIRY ONLY. POSITIVE IDENTIFICATION CAN ONLY BE VERIFIED BY SUBMISSION OF A FINGERPRINT CARD AND COMPARISON BY FDLE.”

Page 10: Florida Department of Law Enforcement FLORIDA - AN OPEN RECORD STATE FLORIDA STATE STATUTE 119 CREATED FLORIDA’S PUBLIC RECORD ACT

Florida Department of Law EnforcementFlorida Department of Law Enforcement

APPEALS REGARDING THE IDENTIFICATION OF

RECORDS

• CUSTOMERS ARE ENCOURAGED TO SUBMIT FINGERPRINT CARDS.

• FINGERPRINT COMPARISON PROCESSED AT NO ADDITIONAL FEE.

Page 11: Florida Department of Law Enforcement FLORIDA - AN OPEN RECORD STATE FLORIDA STATE STATUTE 119 CREATED FLORIDA’S PUBLIC RECORD ACT

Florida Department of Law EnforcementFlorida Department of Law Enforcement

APPEALS REGARDING THE IDENTIFICATION OF

RECORDS

• PERSONAL REVIEWS ARE PROVIDED AT NO COST.

• ONLY ABOUT 0.1% OF THE RECORD CHECKS PROCESSED REQUESTED ADDITIONAL FINGERPRINT COMPARISONS.

Page 12: Florida Department of Law Enforcement FLORIDA - AN OPEN RECORD STATE FLORIDA STATE STATUTE 119 CREATED FLORIDA’S PUBLIC RECORD ACT

Florida Department of Law EnforcementFlorida Department of Law Enforcement

FDLE INTERNET SEXUAL PREDATOR AND OFFENDER

DATA

Page 13: Florida Department of Law Enforcement FLORIDA - AN OPEN RECORD STATE FLORIDA STATE STATUTE 119 CREATED FLORIDA’S PUBLIC RECORD ACT

Florida Department of Law EnforcementFlorida Department of Law Enforcement

COMING SOON HOT FILES ON THE INTERNET

• STOLEN PROPERTY

• WANTED PERSONS

• MISSING PERSONS

Page 14: Florida Department of Law Enforcement FLORIDA - AN OPEN RECORD STATE FLORIDA STATE STATUTE 119 CREATED FLORIDA’S PUBLIC RECORD ACT

Florida Department of Law EnforcementFlorida Department of Law Enforcement

CONTACT INFORMATION

IRIS MORGAN

FLORIDA DEPARTMENT OF LAW ENFORCEMENT

(850)410-8193

[email protected]