Current through Reg. 51, No. 058, March 25, 2025
(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 Justice Information Services
Criminal History Services
Post Office Box 1489
Tallahassee, Florida 32302-1489.
In order for the Department to respond to requests for
Florida criminal history information, the person or entity who wishes to review
or secure such information shall provide to the Department the subject's full
name, race, sex, and date of birth or approximate age. If available, the social
security number may be provided.
(2) All requests will be subject to
processing in the following declining order of priorities:
(a) Requests from law enforcement and
criminal justice agencies for criminal justice purposes, including criminal
justice agency applicant processing;
(b) Requests for a personal record review
pursuant to Rule 11C-8.001, F.A.C.;
(c) Requests from the Judicial Qualifications
Commission, the Governor, and the President of the Senate or the appropriate
Senate standing committee, select committee or subcommittee thereof relating to
the appointment of officers;
(d)
Requests from non-criminal justice agencies having specific statutory authority
to receive criminal history information;
(e) Requests from other governmental agencies
relying upon the Public Records Law (Chapter 119, F.S.);
(f) Requests from private individuals,
businesses or organizations relying upon the Public Records Law.
(3) Fees.
(a) There shall be no charge for conducting
record checks under paragraphs (2)(a) through (c).
(b) As provided in Section
943.053(3)(e),
F.S., a processing fee of $24 shall be charged for each subject inquired upon
under paragraphs (2)(d) through (f), except that the fee for the guardian ad
litem program, and vendors of the Department of Children and Families, the
Department of Juvenile Justice, the Agency for Persons with Disabilities, and
the Department of Elder Affairs shall be $8 for each name submitted; the fee
for a state criminal history provided for application processing as required by
law to be performed by the Department of Agriculture and Consumer Services
shall be $15 for each name submitted; and the fee for requests under Section
943.0542, F.S., which implements
the National Child Protection Act of 1993(NCPA), as amended, shall be $18 for
each volunteer name submitted. The state offices of the Public Defender or an
office of criminal conflict and civil regional counsel shall not be assessed a
fee for Florida criminal history information or wanted person
information.
(c) The processing fee
charged for each subject inquired upon via the internet shall be the fee
authorized for inquiries from persons in the private sector in Section
943.053(3),
F.S. This fee shall be assessed based on the inquiry regardless of whether the
results show no criminal history record(s) or some possible record(s). When an
inquiry on one subject is made and more than one person is presented as
possibly the same person, the customer will receive one criminal history record
as a result of the prescribed payment. If the customer wants additional
criminal history records from the list of persons presented for this same
inquiry, a processing fee of $24 shall be charged for each additional criminal
record. An additional credit card processing fee may apply.
(d) Payment methods for criminal history
record inquiries are as follows:
1. Criminal
history record requests submitted in writing shall be payable by check or money
order. Payments remitted by check are subject to the following requirements:
Checks shall be payable to the Florida Department of Law Enforcement and shall
be payable only in United States dollars in the proper amount; there must be
sufficient funds in the account to cover the entire cost of the record
check(s); the check cannot be a starter (temporary/counter) check; the check
must contain a check number; the check amount and line amount must match; the
check date cannot be dated older than ninety (90) days; the check's address
must be included (pre-printed) on the check and cannot be handwritten or
altered (including stickers/mailing labels); the payor's signature must match
the pre-printed name on the check, unless the check is from a company/business
account; the check cannot be previously endorsed (signed or marked on the
back). Payments remitted by money order are subject to the following
requirements: Money orders must be payable to the Florida Department of Law
Enforcement and shall be payable only in United States dollars in the proper
amount; the money order must be dated, not to be older than one (1) year; the
money order cannot be previously endorsed (signed or marked on the
back).
2. Criminal history record
requests submitted electronically shall be payable by debit or credit
card.
3. Agencies or entities
invoiced for criminal history record checks shall submit payment for invoices
by check, money order or journal transfer.
(4) Entities applying to the Florida
Department of Law Enforcement to be qualified to receive criminal history
records under the NCPA of 1993, as amended, must first complete and submit the
following documents to the Florida Department of Law Enforcement, in accordance
with the instructions provided: VECHS Qualified Entity Application - Volunteer
& Employee Criminal History System (NCPA 1; Rev. April 2024, hereby
incorporated by reference
https://www.flrules.org/Gateway/reference.asp?No=Ref-17907).
Entities that are qualified through the Florida Department of Law Enforcement
to receive criminal history records under the NCPA must have their employees,
volunteers, contractors, and vendors submit fingerprints electronically for
each person to the Florida Department of Law Enforcement for each request for a
criminal history record check. An employee means any person who receives
remuneration from an employer for the performance of any work or service while
engaged in any employment under any appointment or contract for hire or
apprenticeship, express or implied, oral or written, this includes, persons who
are being paid by the qualified entity as a contractor, a subcontractor, or a
business or individual providing services as a vendor, shall qualify as an
employee for this purpose. A volunteer shall be defined as any person who, of
his or her own free will, provides goods or services, to any qualified entity,
with no monetary or material compensation. Qualified entities that release to
another qualified entity any criminal history record information received
pursuant to the NCPA must complete and maintain the following document, in
accordance with the instructions provided: VECHS Dissemination Log - Volunteer
& Employee Criminal History System (NCPA 4, Rev. December 2021,
http://www.flrules.org/Gateway/reference.asp?No=Ref-17886).
Rulemaking Authority
943.03(4),
943.053(3),
943.0542,
943.056 FS. Law Implemented
943.053(3),
943.0542,
943.056
FS.
New 12-30-76, Amended 11-7-83, Formerly 11C-6.04, Amended
9-1-88, 4-1-93, 7-7-99, 8-22-00, 7-29-01, 12-3-03, 6-9-08, 6-3-10, 5-21-12,
3-13-13, 5-29-14, 9-4-16, 7-19-17, 8-15-18, 7-6-22,
8-30-23.
