Florida Administrative Code

(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 …

(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 fr…

(1) Definitions: (a) "Imminent Danger" means an immediate threat that poses a risk of harm or injury. (b) "Kidnapping" has the same meaning as provided in section 787.01, F.S. (c) "Autism Spectrum Disorder" (ASD) means a condition defined by atypical or impaired development in so…

(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…

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 an electronic submissio…

(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 a…

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 subm…

(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, …

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 E…

(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 Criminal …

(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 d…

(1) For a federally licensed firearm dealer (including licensed firearm importers, licensed firearm manufacturers and licensed firearm dealers pursuant to Title 27, C.F.R., Part 178) to complete a firearm transaction to another person, other than a licensed importer, licensed man…

(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 Departmen…

(1) Prior to petitioning the court to expunge a criminal history record, the subject must apply to the Department for a certificate of eligibility for expunction. The application packet for the certificate of eligibility must include: (a) A money order, cashier's check, certified…

(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…

(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 min…

(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. …

(1) A person who has not been committed to a juvenile correctional facility or juvenile prison under Chapter 985, F.S., may apply directly to the Department to have his or her juvenile criminal history record expunged, provided he or she is at least 18 years of age but less than …

(1) Prior to petitioning the court for an expunction of a criminal history record, the subject must apply to the Department for a certificate of eligibility for expunction. The application for the certificate of eligibility must include: (a) A money order, cashier's check, certif…

(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 cri…

(1) Any individual wishing to review their criminal history record must submit a request in writing or complete an Application for Personal Review of Florida Criminal History Record FDLE form (CHRM-006 rev. May 2022), hereby incorporated by reference https://www.flrules.org/Gatew…

(1) Any person nominated for induction into the Florida Law Enforcement Officers' Hall of Fame shall meet the following minimum eligibility requirements: (a) An active, retired, or deceased Florida law enforcement officer as defined in section 943.10(1), F.S.; (b) Born in Florida…

(1) Between July 1 and August 31 of each calendar year, the Florida Department of Law Enforcement shall accept a maximum of three nominations from each of the following associations: (a) Florida Police Chiefs Association; (b) Florida Sheriffs Association; (c) Florida Police Benev…

(1) Nominations for induction into the Florida Law Enforcement Officers' Hall of Fame will be reviewed to ensure nominations were received by the established deadline, nominees meet the eligibility requirements pursuant to subsection 11D-10.001(1), F.A.C., and the nomination pack…

(1) For implementation of this rule chapter the term "subsequently committed" as provided in Section 943.0433(2)(a), F.S. shall mean: having been found guilty as a result of a trial or having entered a plea of guilty or nolo contendere, regardless of whether adjudication is withh…

(1) Upon receipt of a criminal history record that the clerk of court has determined to meet the requirements of Section 796.07(5)(e), F.S. for inclusion on the Soliciting for Prostitution Database, the Department shall add such record to the database as required by Section 943.0…

As used in Rule 11D-12.002, F.A.C., the following definitions apply: (1) "Kit" shall mean a Florida sexual offense evidence kit or other sealed package containing samples collected from the alleged victim's body. (2) "Participating Entities" shall mean entities that participate i…

(1) Kit tracking. Participating Entities shall utilize the software and identify at least one administrator. The administrator's contact information shall be provided to FDLE. (a) Forensic Medical Exam Facilities. 1. Barcoded kits obtained from the vendor shall be utilized during…

As used in Rule 11D-12.004, F.A.C., the following definitions apply: (1) "SNP profile" shall mean a DNA profile comprised of Single Nucleotide Polymorphism data. (2) "STR profile" shall mean a Short Tandem Repeat DNA profile generated by or owned by a participating member of the …

(1) Forensic Investigative Genetic Genealogy Grant Program. (a) Participating entities shall ensure: 1. Compliance with applicable portions of 119, F.S. as pertains to DNA records and investigative genetic genealogy information and materials and s 24(a) Art. I of the State Consti…

As used in Rule 11D-12.006, F.A.C., the following definitions apply: (1) "STR DNA Testing" shall mean the methods and technologies utilized to generate a Short Tandem Repeat (STR) profile compatible with forensic STR DNA testing utilized for generation of profiles for the Combine…

Expedited DNA Testing Grant Program: (1) Any statewide or local Florida Law Enforcement Agency, including such agencies that house a laboratory that is part of the statewide criminal laboratory analysis system (section 943.32, F.S.) may apply for funding, when available, for the …

(1) "Department" means the Florida Department of Law Enforcement. (2) "Program" means the Care For Retired Police Dogs Program. (3) "Retired Police Dog" means a dog that was previously in the service of or employed by a law enforcement agency or a correctional agency in Florida f…

(1) The Department receives recurring annual funds to contract with a qualifying non-profit entity to administer the program. (2) The program shall provide a stable funding source for the veterinary care for retired police dogs by utilizing a qualifying non-profit entity to scree…

(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 Monit…

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 F…

(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/referenc…

(1) Acceptable Range - the results of alcohol reference solutions or dry gas standards analyses which fall within the following ranges at each alcohol vapor concentration: Alcohol Reference Solution or Dry Gas Standard Concentrations (g/210L) Range g/210L (Inclusive) 0.02 0.015 0…

(1) The approved breath test method for evidentiary breath testing is Infrared Spectroscopy, also known as Infrared Light Absorption. (2) The Department approves breath test methods and new instrumentation to ensure the accuracy and reliability of breath test results. The approve…

(1) The Department shall approve a source of alcohol reference solution for use by agencies in the State of Florida. The source approved by the Department shall be an ISO 17034 or similarly accredited entity that manufactures alcohol reference solutions and meets the following re…

(1) The Department shall approve a source of dry gas standards for use by agencies in the State of Florida. The source approved by the Department shall be an ISO 17034 or similarly accredited entity that manufactures dry gas standards and meets the following requirements: (a) The…

(1) The Department shall register and inspect each individual breath test instrument for accuracy and reliability prior to such instrument being initially placed into evidentiary use by an agency. The inspection validates that instrument's approval for evidentiary use, and the re…

(1) Evidentiary breath test instruments shall be inspected by an agency inspector at least once each calendar month. The agency inspection shall be conducted in accordance with the applicable procedures. For the Intoxilyzer 8000- Agency Inspection Procedures - Intoxilyzer 8000 FD…

(1) Evidentiary breath test instruments shall only be accessible to a person issued a valid permit by the Department and to persons authorized by a permit holder. This section does not prohibit agencies from sending an instrument out of evidentiary use to an authorized repair fac…

(1) Each agency shall maintain the following records for at least three years from the last entry date: agency inspection reports and breath test instrument repair records. The breath test instrument registration shall be retained by an agency for at least three years after the i…

(1) Qualifications for Breath Test Operator Permit - An applicant for a breath test operator permit must meet the following qualifications: (a) Eighteen (18) years of age or older; (b) High school diploma or its equivalent; (c) Present employment by an agency, or the Department; …

(1) Persons who conduct breath test training courses must have a valid Breath Test Instructor certification issued by the Criminal Justice Standards and Training Commission, and such persons shall be deemed permitted by the Department to conduct breath test training courses. (2) …