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Listing form, with the Florida Criminal Information Center (FCIC) any FDLE supplied criminal history record attached, or the applicant’s fingerprint card attached to a FDLE supplied single-state or multi-state offender criminal history record, indicating the applicant’s fingerprint card has been processed.  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 Applicant Fingerprint Card FD-258 to the FDLE Florida Department of Law Enforcement that bears the applicant’s currently taken fingerprints.  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 in the “Reason Fingerprinted” block of the FBI Applicant Fingerprint Card.  An applicant’s fingerprints Applicant Fingerprint Card shall be processed in conjunction with an officer’s employment or appointment regardless if the officer has proof of the existence of processed fingerprints a processed Applicant Fingerprint Card from a previous employment or appointment.  The employing agency is required to use an electronic fingerprinting submission device authorized to use a Live Scan device, if authorized by FDLE, for the submission of applicant fingerprints versus submitting an Applicant Fingerprint Card.

(2) Private Correctional Institutions and Jails.  Private correctional institutions under contract with the Florida Department of Corrections shall obtain blank Applicant Fingerprint Cards from the Department of Corrections.  Other private correctional institutions and jails shall obtain blank Applicant Fingerprint Cards from the Criminal Justice Professionalism Program, Post Office Box 1489, Tallahassee, Florida, 32302-1489, Attention: Officer Records Section.  A private correctional institution shall submit a completed Applicant Fingerprint Card for processing to the Florida Department of Law Enforcement, User Services Bureau, Post Office Box 1489, Tallahassee, Florida, 32302-1489.  A private correctional Institution or jail is authorized to use a Live Scan device, if authorized by FDLE, for the submission of applicant fingerprints versus submitting an Applicant Fingerprint Card.

(a) Private correctional institutions under contract with the Florida Department of Management Services (DMS) 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 DMS for review for compliance with Section 943.13(4), F.S.  The DMS will complete the Fingerprint Notification, form CJSTC-62, revised November 8, 2007, hereby incorporated by reference, and provide it to the private correctional institution.  

(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 a Fingerprint Notification, form CJSTC-62, revised February 7, 2002, hereby incorporated by reference.  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 Applicant Fingerprint Card, 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.

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