Fla. Admin. Code Ann. R. 11B-27.00211 - Fingerprint Processing and Criminal Record Results

An employing agency shall maintain on file, at minimum, a Federal Bureau of Investigation Civil Applicant Response provided from a Live Scan device by the Florida Department of Law Enforcement (FDLE) Certified Mail Application, with the National Crime Information Center (NCIC) criminal history record attached, and an FDLE Customer Summary Report and Transaction Listing with the Florida Criminal Information Center (FCIC) criminal history record attached. If a Civil Applicant Response is not received by the agency, the FCIC Criminal History indicating no single state or multi-state offender criminal history record exists shall be proof the applicant's fingerprints have been processed.

(1) The employing agency shall submit for processing an applicant's fingerprints to the FDLE. The submission shall include one of the following references: "Law Enforcement Officer Applicant, Section 943.13, F.S., " or "Correctional Officer Applicant, Section 943.13, F.S., " or "Correctional Probation Officer Applicant, Section 943.13, F.S., " as the reason fingerprinted. An applicant's fingerprints shall be processed in conjunction with an officer's employment or appointment regardless if the officer has proof of the existence of processed fingerprints from a previous employment or appointment. The employing agency is required to use an electronic fingerprinting submission device authorized by FDLE for the submission of applicant fingerprints.

(2) Private Correctional Institutions and Jails.

(a) Private correctional institutions under contract with the Florida Department of Management Services (DMS) or the Florida Department of Children and Families (DCF) shall submit for processing an applicant's fingerprints to the FDLE. The private correctional institution is required to use an electronic fingerprinting submission device and is responsible for any cost associated with the fingerprint submission. The response to the fingerprint submission shall be electronically transmitted to the respective contract agency (DMS or DCF) for review for compliance with Section 943.13(4), F.S. The contract agency will complete the Fingerprint Notification, form CJSTC-62, revised August 12, 2021, effective 6/2022, hereby incorporated by reference https://www.flrules.org/Gateway/reference.asp?No=Ref-14217, or other written notice to document compliance with Section 943.13(4), F.S., and provide it to the private correctional institution. Form CJSTC-62 can be obtained at the following FDLE Internet address: http://www.fdle.state.fl.us/CJSTC/Publications/Forms.aspx, or by contacting Commission staff at (850)410-8615.

(b) All other private correctional institutions and jails shall submit for processing an applicant's fingerprints to the FDLE. The private correctional institution is required to use an electronic fingerprinting submission device and is responsible for any cost associated with the fingerprint submission. The response to the fingerprint submission shall be electronically transmitted to the FDLE, Officer Records Section, for review for compliance with Section 943.13(4), F.S. The Officer Records Section will complete form CJSTC-62 and provide it to the private correctional institution or jail.

(3) The employing agency shall submit or electronically transmit to Commission staff through the Commission's ATMS, the date indicated on the electronic response documenting the processed fingerprints. The response from an applicant's processed fingerprints shall be maintained on file at the agency within one year of the officer's initial employment or appointment. An employing agency is not required to re-fingerprint an individual who has been continuously employed or appointed with the same agency and is seeking certification as a sworn officer with that agency.

(4) Training schools that offer a Commission-approved Basic Recruit Training Program for law enforcement, correctional, or correctional probation officers, or a selection center that provides applicant screening for a training school, shall conduct a criminal history background check of an applicant prior to entrance into such Basic Recruit Training Program. The employing agency shall provide the training school with documentation that an applicant's fingerprints have been processed, that the response is on file with the employing or appointing agency, and has been verified by the employing or appointing agency to contain no statutory disqualifiers. If the FBI has not returned the Civil Applicant Response to the employing or appointing agency, the agency shall notify the training school that the criminal history background check is incomplete. The employing or appointing agency shall notify the training school upon receipt of the results of the applicant's fingerprints, which shall be maintained in the student's file at the training school.

(5) An applicant's fingerprints that have been processed prior to employment or appointment, in conjunction with the agency's background investigation, and pursuant to Rule 11B-27.0022, F.A.C., shall be considered current when the officer's fingerprints are processed in conjunction with the new employment or appointment.

(6) An officer's certification shall not be issued by the Commission until he or she is in compliance with the certification requirements pursuant to Sections 943.13(1)-(10), F.S., and documentation of legible processed applicant fingerprints are on file at the employing agency.

(7) If an officer has been separated for lack of processed applicant fingerprints within one year of employment or appointment, the agency shall re-register the officer when the processed applicant fingerprint response is received from the FBI or FDLE. The re-registration date shall be the date that the FBI or FDLE processed the applicant fingerprints. An officer who has been separated for not having processed applicant fingerprints on file at the employing agency is not authorized to perform the duties of a sworn officer.

(8) Employing agencies shall be notified by Commission staff when an applicant's file does not contain documentation of processed fingerprints.

(9) An employing agency that does not receive processed fingerprint documentation from the FBI or FDLE within thirty days of submission of the fingerprints through an electronic fingerprinting submission device, shall fingerprint the applicant again and resubmit the fingerprints to FDLE and the FBI. If the FBI has processed the fingerprints, the letter from the FBI stating that the individual does not have a criminal history may be accepted as official documentation. The date the letter is postmarked shall be the date recorded as the fingerprint processed date.

(10) Should an officer separate from employment prior to the employing agency's receipt of the officer's processed applicant fingerprints, and there is an indication that the officer would have failed to meet the employment qualifications pursuant to this rule chapter, the separating agency shall immediately notify Commission staff and provide a copy of all documentation that establishes non-compliance of the officer to meet the necessary qualifications.

(11) If a criminal history record that could preclude employment pursuant to Section 943.13(4), F.S., is received from the FBI or FDLE, the agency shall obtain and maintain in the officer's file, supporting documentation from the court that the final disposition of the case has been resolved and the officer is eligible for employment, pursuant to Section 943.13(4), F.S.

Notes

Fla. Admin. Code Ann. R. 11B-27.00211

Rulemaking Authority 943.03(4), 943.12(1) FS. Law Implemented 943.12(3), 943.13, 943.133, 943.139, 943.1395 FS.

New 11-5-02, Amended 11-30-04, 6-9-08, 5-29-14, Amended by Florida Register Volume 43, Number 168, August 29, 2017 effective 9/14/2017, Amended by Florida Register Volume 48, Number 115, June 14, 2022 effective 6/26/2022.

New 11-5-02, Amended 11-30-04, 6-9-08, 5-29-14, 9-14-17, 6-26-22.