Chapter 943 — Chapter 943
160 sections in this chapter.
Fla. Stat. § 943.01 Short title
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This chapter may be cited as the “Department of Law Enforcement Act.”
Fla. Stat. § 943.02 Definitions
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For the purpose of this chapter:(1) “Department” means the Department of Law Enforcement.(2) “Executive director” means the executive director of the Department of Law Enforcement. (1) “Department” means the Department of Law Enforcement. (2) “Executive director” means the execut…
Fla. Stat. § 943.03 Department of Law Enforcement
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(1) The executive director shall have served at least 5 years as a police executive or possess training and experience in police affairs or public administration and shall be a bona fide resident of the state. It shall be the duty of the executive director to supervise, direct, c…
Fla. Stat. § 943.031 Florida Violent Crime and Drug Control Council
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(1) FINDINGS.—The Legislature finds that there is a need to develop and implement a statewide strategy to address violent criminal activity, including crimes committed by criminal gangs, and drug control efforts by state and local law enforcement agencies, including investigation…
Fla. Stat. § 943.03101 Counter-terrorism and immigration enforcement coordination
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The Legislature finds that with respect to counter-terrorism efforts, initial responses to acts of terrorism within or affecting this state, coordinating with and providing assistance to the Federal Government in the enforcement of federal immigration laws, and responses to immig…
Fla. Stat. § 943.0311 Chief of Domestic Security; duties of the department with respect to domestic security
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(1) The executive director of the department, or a member of the department designated by the executive director, shall serve as the Chief of Domestic Security. The Chief of Domestic Security shall:(a) Coordinate the efforts of the department in the ongoing assessment of this sta…
Fla. Stat. § 943.0312 Regional domestic security task forces
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The Legislature finds that there is a need to develop and implement a statewide strategy to address prevention, preparation, protection, response, and recovery efforts by federal, state, and local law enforcement agencies, emergency management agencies, fire and rescue department…
Fla. Stat. § 943.0313 Domestic Security Oversight Council
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The Legislature finds that there exists a need to provide executive direction and leadership with respect to terrorism and immigration enforcement incident prevention, preparation, protection, response, and recovery efforts by state and local agencies in this state. In recognitio…
Fla. Stat. § 943.0314 Public records and public meetings exemptions; Domestic Security Oversight Council
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(1)(a) That portion of a meeting of the Domestic Security Oversight Council at which the council will hear or discuss active criminal investigative information or active criminal intelligence information as defined in s. 119.011 is exempt from s. 286.011 and s. 24(b), Art. I of t…
Fla. Stat. § 943.032 Financial Crime Analysis Center and Financial Transaction Database
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(1) There is created within the Florida Department of Law Enforcement a Financial Crime Analysis Center and a Financial Transaction Database.(2) The department shall compile information and data available from financial transaction reports required to be submitted by state or fed…
Fla. Stat. § 943.0321 The Florida Domestic Security and Counter-Terrorism Intelligence Center and the Florida Domestic Security and Counter-Terrorism Database
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(1)(a) There is created within the Department of Law Enforcement the Florida Domestic Security and Counter-Terrorism Intelligence Center.(b) The Florida Domestic Security and Counter-Terrorism Database is created within the Florida Domestic Security and Counter-Terrorism Intellig…
Fla. Stat. § 943.04 Criminal Justice Investigations and Forensic Science Program; creation; investigative, forensic, and related authority
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(1) There is created a Criminal Justice Investigations and Forensic Science Program within the Department of Law Enforcement. The program shall be supervised by personnel who shall be employed by the department upon the recommendation of the executive director. Such personnel sha…
Fla. Stat. § 943.041 Crimes Against Children Criminal Profiling Program
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There is created the Crimes Against Children Criminal Profiling Program within the department. The program shall perform investigative, intelligence, research, and training activities related to crimes against children.
Fla. Stat. § 943.0411 Online Sting Operations Grant Program for local law enforcement agencies to protect children
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(1) There is created within the department the Online Sting Operations Grant Program to award grants to local law enforcement agencies to support their creation of sting operations to target individuals online preying upon children or attempting to do so.(2) The department shall …
Fla. Stat. § 943.0412 Identity Theft and Fraud Grant Program
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(1) There is created the Identity Theft and Fraud Grant Program within the department to award grants to support local law enforcement agencies in the investigation and enforcement of personal identification information theft and fraud. Grants shall be provided if funds are appro…
Fla. Stat. § 943.0415 Cybercrime Office
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There is created within the Department of Law Enforcement the Cybercrime Office. The office may:(1) Investigate violations of state law pertaining to the sexual exploitation of children which are facilitated by or connected to the use of any device capable of storing electronic d…
Fla. Stat. § 943.042 Violent Crime Investigative Emergency and Drug Control Strategy Implementation Account
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(1) There is created a Violent Crime Investigative Emergency and Drug Control Strategy Implementation Account within the Department of Law Enforcement Operating Trust Fund. The account shall be used to provide emergency supplemental funds to:(a) State and local law enforcement ag…
Fla. Stat. § 943.043 Toll-free telephone number; Internet notification; sexual predator and sexual offender information
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(1) The department may notify the public through the Internet of any information regarding sexual predators and sexual offenders which is not confidential and exempt from public disclosure under s. 119.07(1) and s. 24(a), Art. I of the State Constitution. The department shall det…
Fla. Stat. § 943.0435 Sexual offenders required to register with the department; penalty
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(1) As used in this section, the term:(a) “Change in status at an institution of higher education” has the same meaning as provided in s. 775.21.(b) “Convicted” means that there has been a determination of guilt as a result of a trial or the entry of a plea of guilty or nolo cont…
Fla. Stat. § 943.04351 Search of registration information regarding sexual predators and sexual offenders required before appointment or employment
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A state agency or governmental subdivision, before making any decision to appoint or employ a person to work, whether for compensation or as a volunteer, at any park, playground, day care center, or other place where children regularly congregate, must conduct a search of that pe…
Fla. Stat. § 943.04352 Search of registration information regarding sexual predators and sexual offenders required when placement on misdemeanor probation
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When the court places a defendant on misdemeanor probation pursuant to ss. 948.01 and 948.15, the public or private entity providing probation services must conduct a search of the probationer’s name or other identifying information against the registration information regarding …
Fla. Stat. § 943.04353 Triennial study of sexual predator and sexual offender registration and notification procedures
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The Office of Program Policy Analysis and Government Accountability shall, every 3 years, perform a study of the effectiveness of Florida’s sexual predator and sexual offender registration process and community and public notification provisions. As part of determining the effect…
Fla. Stat. § 943.04354 Removal of the requirement to register as a sexual offender or sexual predator in special circumstances
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(1) For purposes of this section, a person shall be considered for removal of the requirement to register as a sexual offender or sexual predator only if the person:(a) Was convicted, regardless of adjudication, or adjudicated delinquent of a violation of s. 800.04, s. 827.071, o…
Fla. Stat. § 943.0436 Duty of the court to uphold laws governing sexual predators and sexual offenders
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(1) The Legislature finds that, for the purpose of approving a plea agreement or for other reasons, certain courts enter orders that effectively limit or nullify requirements imposed upon sexual predators and sexual offenders pursuant to the laws of this state and prevent persons…
Fla. Stat. § 943.0437 Commercial social networking websites
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(1) For the purpose of this section, the term “commercial social networking website” means a commercially operated Internet website that allows users to create web pages or profiles that provide information about themselves and are available publicly or to other users and that of…
Fla. Stat. § 943.0438 Athletic coaches for independent sanctioning authorities
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(1) As used in this section, the term:(a) “Athletic coach” means a person who:1. Is authorized by an independent sanctioning authority to work as a coach, assistant coach, manager, or referee, whether for compensation or as a volunteer, for a youth athletic team based in this sta…
Fla. Stat. § 943.0439 Interviews of victims, suspects, or defendants with autism or an autism spectrum disorder
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(1) A law enforcement officer, a correctional officer, or another public safety official shall, upon the request of an individual diagnosed with autism or an autism spectrum disorder or his or her parent or guardian, make a good faith effort to ensure that a psychiatrist, psychol…
Fla. Stat. § 943.045 Definitions; ss. 943.045-943.08
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The following words and phrases as used in ss. 943.045-943.08 shall have the following meanings:(1) “Adjudicated guilty” means that a person has been found guilty and that the court has not withheld an adjudication of guilt.(2) “Administration of criminal justice” means performin…
Fla. Stat. § 943.046 Notification of criminal offender information
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(1) Any state or local law enforcement agency may release to the public any criminal history information and other information regarding a criminal offender, including, but not limited to, public notification by the agency of the information, unless the information is confidentia…
Fla. Stat. § 943.05 Criminal Justice Information Program; duties; crime reports
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(1) There is created a Criminal Justice Information Program within the Department of Law Enforcement. The program shall be supervised by personnel who shall be employed by the department upon the recommendation of the executive director. Such personnel shall supervise, direct, co…
Fla. Stat. § 943.051 Criminal justice information; collection and storage; fingerprinting
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(1) The Criminal Justice Information Program, acting as the state’s central criminal justice information repository, shall:(a) Collect, process, store, maintain, and disseminate criminal justice information and records necessary to the operation of the criminal justice informatio…
Fla. Stat. § 943.0515 Retention of criminal history records of minors
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(1)(a) The Criminal Justice Information Program shall retain the criminal history record of a minor who is classified as a serious or habitual juvenile offender or committed to a maximum-risk residential facility under chapter 985 for 5 years after the date the offender reaches 2…
Fla. Stat. § 943.052 Disposition reporting
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The Criminal Justice Information Program shall, by rule, establish procedures and a format for each criminal justice agency to monitor its records and submit reports, as provided by this section, to the program. The disposition report shall be developed by the program and shall i…
Fla. Stat. § 943.0525 Criminal justice information systems; use by state and local agencies
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As a condition of participating in any criminal justice information system established by the Criminal Justice Information Program or of receiving criminal justice information, state and local agencies shall be required to execute appropriate user agreements and to comply with ap…
Fla. Stat. § 943.053 Dissemination of criminal justice information; fees
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(1) The Department of Law Enforcement shall disseminate criminal justice information only in accordance with federal and state laws, regulations, and rules.(2) Criminal justice information derived from federal criminal justice information systems or criminal justice information s…
Fla. Stat. § 943.0535 Aliens, criminal records
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It shall be the duty of the clerk of court to furnish without charge a certified copy of the complaint, information, or indictment and the judgment and sentence and any other record pertaining to the case of any alien to the United States immigration officer in charge of the terr…
Fla. Stat. § 943.054 Exchange of federal criminal history records and information
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(1) Criminal history information derived from any United States Department of Justice criminal justice information system is available:(a) To criminal justice agencies for criminal justice purposes.(b) Pursuant to applicable federal laws and regulations, including those institute…
Fla. Stat. § 943.0542 Access to criminal history information provided by the department to qualified entities
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(1) As used in this section, the term:(a) “Care” means the provision of care, treatment, education, training, instruction, supervision, or recreation to children, the elderly, or individuals with disabilities.(b) “Qualified entity” means a business or organization, whether public…
Fla. Stat. § 943.0543 National Crime Prevention and Privacy Compact; ratification and implementation
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(1) In order to facilitate the authorized interstate exchange of criminal history information for noncriminal justice purposes, including, but not limited to, background checks for the licensing and screening of employees and volunteers under the National Child Protection Act of …
Fla. Stat. § 943.0544 Criminal justice information network and information management
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(1) The department may develop, implement, maintain, and manage innovative, progressive, and effective methods of serving the information-management needs of criminal justice agencies, and may take necessary steps to promote the efficient and cost-effective use of such informatio…
Fla. Stat. § 943.055 Records and audit
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(1) Criminal justice agencies disseminating criminal justice information derived from a Department of Law Enforcement criminal justice information system shall maintain a record of dissemination in accordance with the user agreements in s. 943.0525.(2) The Criminal Justice Inform…
Fla. Stat. § 943.056 Criminal history records; access, review, and challenge
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(1) For purposes of verification of the accuracy and completeness of a criminal history record, the Department of Law Enforcement shall provide, in the manner prescribed by rule, such record for review upon verification, by fingerprints, of the identity of the requesting person. …
Fla. Stat. § 943.057 Access to criminal justice information for research or statistical purposes
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The Department of Law Enforcement may provide by rule for access to and dissemination and use of criminal justice information for research or statistical purposes. All requests for records or information in the criminal justice information systems of the department shall require …
Fla. Stat. § 943.0575 Public access to records
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Nothing in this act shall be construed to restrict or condition public access to records as provided by s. 119.07.
Fla. Stat. § 943.0578 Lawful self-defense expunction
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(1) Notwithstanding the eligibility requirements defined in s. 943.0585(1) and (2), the department shall issue a certificate of eligibility for expunction under this section to a person who is the subject of a criminal history record if that person has obtained, and submitted to …
Fla. Stat. § 943.0581 Administrative expunction for arrests made contrary to law or by mistake
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(1) Notwithstanding any law dealing generally with the preservation and destruction of public records, the department may adopt a rule pursuant to chapter 120 for the administrative expunction of any nonjudicial record of an arrest of a minor or an adult made contrary to law or b…
Fla. Stat. § 943.0582 Diversion program expunction
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(1) Notwithstanding any law dealing generally with the preservation and destruction of public records, the department shall adopt rules to provide for the expunction of a nonjudicial record of the arrest of a minor who has successfully completed a diversion program.(2) As used in…
Fla. Stat. § 943.0583 Human trafficking victim expunction
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(1) As used in this section, the term:(a) “Human trafficking” has the same meaning as provided in s. 787.06.(b) “Official documentation” means any documentation issued by a federal, state, or local agency tending to show a person’s status as a victim of human trafficking.(c) “Vic…
Fla. Stat. § 943.0584 Criminal history records ineligible for court-ordered expunction or court-ordered sealing
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(1) As used in this section, the term “conviction” means a determination of guilt which is the result of a trial or the entry of a plea of guilty or nolo contendere, regardless of whether adjudication is withheld, or if the defendant was a minor, a finding that the defendant comm…
Fla. Stat. § 943.0585 Court-ordered expunction of criminal history records
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(1) ELIGIBILITY.—A person is eligible to petition a court to expunge a criminal history record if:(a) An indictment, information, or other charging document was not filed or issued in the case giving rise to the criminal history record.(b) An indictment, information, or other cha…