FLORIDA - AN OPEN RECORD STATE

1
FLORIDA - AN OPEN RECORD STATE

• FLORIDA STATE STATUTE 119
• CREATED FLORIDAS PUBLIC RECORD ACT

2
WHAT AGENCIES ARE SUBJECT TO FLORIDAS PUBLIC
RECORD ACT?

• ALL UNITS OF GOVERNMENT
• ANY PUBLIC OR PRIVATE ENTITY ACTING ON BEHALF OF
  ANY PUBLIC AGENCY

3
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.

4
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

5
FLORIDAS CRIMINAL HISTORY RECORDS ARE AVAILABLE
FORNON-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

6
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 FLORIDAS PUBLIC RECORD LAW
• PRE-EMPLOYMENT CHECKS
• CHECKING BABY SITTERS, NEIGHBORS, ETC.

7
MECHANISMS FOR ACCESSING FLORIDA CRIMINAL HISTORY
RECORDS

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

8
MECHANISMS FOR ACCESSING FLORIDA CRIMINAL HISTORY
RECORDS

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

9
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.

10
APPEALS REGARDING THE IDENTIFICATION OF RECORDS

• CUSTOMERS ARE ENCOURAGED TO SUBMIT FINGERPRINT
  CARDS.
• FINGERPRINT COMPARISON PROCESSED AT NO ADDITIONAL
  FEE.

11
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.

12
FDLE INTERNET SEXUAL PREDATOR AND OFFENDER DATA
13
COMING SOON HOT FILES ON THE INTERNET

• STOLEN PROPERTY

• WANTED PERSONS

• MISSING PERSONS

14
CONTACT INFORMATION

• IRIS MORGAN
• FLORIDA DEPARTMENT OF LAW ENFORCEMENT
• [phone]
• irismorgan_at_fdle.state.fl.us