Florida § 943.0536 - Immigration detainer information; collection and storage; fingerprinting; administrative expunction for immigration detainer records made contrary to law or by mistake.

§ 943.0536. Immigration detainer information; collection and storage; fingerprinting; administrative expunction for immigration detainer records made contrary to law or by mistake.

(1) The department’s Criminal Justice Information Program, acting as the state’s central criminal justice information repository, shall collect, process, store, maintain, and disseminate immigration detainer information. (2)(a) A law enforcement agency shall capture and electronically submit to the department in the manner prescribed by rule the fingerprints of a qualifying offender, as defined in s. 943.325(2), who is in its custody and subject to an immigration detainer. (b) Upon receipt of the fingerprints required to be submitted under paragraph (a), the department must create a record containing the qualifying offender’s immigration detainer information. (3) As used in this section, the terms “immigration detainer” and “law enforcement agency” have the same meanings as in s. 908.102. (4) Notwithstanding any law dealing with the preservation and destruction of public records, the department may adopt a rule 2 pursuant to chapter 120 for the administrative expunction of a record containing immigration detainer information described in this section of a minor or an adult made contrary to law or by mistake. (5) A law enforcement agency shall apply to the department in the manner prescribed by rule for the administrative expunction of any record containing immigration detainer information described in this section of a minor or an adult who is subsequently determined by the detaining agency, at its discretion, or by the final order of a court of competent jurisdiction, to have been detained contrary to law or by mistake. (6) An adult or, in the case of a minor child, the parent or legal guardian of the minor child, may apply to the department in the manner prescribed by rule for the administrative expunction of any record containing immigration detainer information described in this section alleged to have been made contrary to law or by mistake, provided that the application is supported by the endorsement of the head of the detaining agency or his or her designee. (7) An application for an administrative expunction for a record containing immigration detainer information as described in this section must include the date and time when the person was detained, the person’s name, the offender-based tracking system number, and information relating to the immigration detainer. The application must be on the submitting detaining agency’s letterhead and must be signed by the head of the submitting agency or his or her designee. (8) An application or endorsement under this section is not admissible as evidence in any judicial or administrative proceeding and may not be construed in any way as an admission of liability in connection with a detention. (9) This section expires July 1, 2027.