The following document, DISSEMINATION OF JUVENILE RECORDS IN THE POSSESSION OF FDLE (without hyperlinks) was provided as an attachment to an email

From: [Nelson Ocampo] <NelsonOcampo@fdle.state.fl.us>

To: [Cathy Corry] <cathycorry@juno.com>

Date: Tue, 7 Jun 2005 10:24:39 -0400

Subject: RE: Juvenile arrests-FDLE public record

DISSEMINATION OF JUVENILE RECORDS
IN THE POSSESSION OF FDLE

The following juvenile arrest or criminal history records in the custody of FDLE or the arresting agency are public records under section 119.07(1), Florida Statutes, unless a separate exemption or confidentiality provision, such as sealing or expunction, applies, and may be disseminated upon request:

· Effective October 1, 1994, such records pertaining to a minor who is charged with or found to have committed an offense that would be a felony if committed by an adult [see s.943.051(3)(a), and 943.053(3), F.S.].

· Effective July 1, 1996, such records pertaining to a minor who is charged with or found to have committed one of the misdemeanor offenses listed in s.943.051(3)(b). These offenses (which also include felonies) are listed as:

· Assault, as defined in s.784.011

· Battery, as defined in s.784.03

· Carrying a concealed weapon, as defined in s.790.01(1)

· Unlawful use of destructive devices or bombs, as defined in s.790.1615(1)

· Negligent treatment of children, as defined in s.827.05

· Assault or battery on a law enforcement officer, a firefighter, or other specified officers, as defined in s.784.07(2)(a) and (b)

· Open carrying of a weapon, as defined in s.790.053

· Exposure of sexual organs, as defined in s.800.03

· Unlawful possession of a firearm, as defined in s.790.22(5)

· Petit theft, as defined in s.812.014(3)

· Cruelty to animals, as defined in s.828.12(1)

· Arson, as defined in s.806.031(1)

· Unlawful possession or discharge of a weapon or firearm at a school-sponsored event or on school property, as defined in s.790.115

Records pertaining to a minor whose juvenile record has not then been expunged (purged) and who, after becoming 18 years of age is charged with or convicted of a forcible felony, or who, at any time, is adjudicated as an adult for a forcible felony, become part of the adult record. [See s.943.0515(2) ]

Records pertaining to a minor for other violations of law not specified above are not available for public disclosure or inspection under s.119.07(1), but may be made available by FDLE to other criminal justice agencies to be used for criminal justice purposes. [See s.985.212(1) ]

In addition to administrative expunction and court-ordered sealing or expunction on the same terms and pursuant to the same statutes as adult records, juvenile criminal history records are subject to the following special provisions:

· 943.0582, prearrest, postarrest, or teen court diversion program expunction

· 943.0515, abbreviated retention of criminal history records of minors

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