Florida Statute 943.03 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 943
DEPARTMENT OF LAW ENFORCEMENT

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F.S. 943.03

943.03 Department of Law Enforcement.—

(1) The executive director shall have served at least 5 years as a police executive or possess training and experience in police affairs or public administration and shall be a bona fide resident of the state. It shall be the duty of the executive director to supervise, direct, coordinate, and administer all activities of the department and to exercise the duties prescribed for the director of the Florida Mutual Aid Plan under part I of chapter 23, known as the Florida Mutual Aid Act.

(2) Upon specific direction by the Governor in writing to the executive director, the department shall investigate the misconduct, in connection with their official duties, of public officials and employees and of members of public corporations and authorities subject to suspension or removal by the Governor. All records related to such investigation, including any correspondence from the Governor, are confidential and exempt from the provisions of s. 119.07(1) until such time as the investigation is completed or ceases to be active. For purposes of this subsection, an investigation is considered “active” while the investigation is being conducted by the department with a reasonable, good faith belief that it may lead to the filing of criminal proceedings or gubernatorial action. An investigation does not cease to be active if the department is proceeding with reasonable dispatch and there is a good faith belief that either gubernatorial action or action by the department or other administrative or law enforcement agency may be initiated.

(3) The department shall employ such administrative, clerical, technical, and professional personnel, including directors, as are required, at salaries to be established by the department, to perform such duties as the department may prescribe.

(4) The department shall adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of law conferring powers or duties upon it. The department may adopt rules defining acts of misconduct and setting standards of disciplinary action for its employees.

(5) The department may make and enter into all contracts and agreements with other agencies, organizations, associations, corporations, individuals, or federal agencies as the department may determine are necessary, expedient, or incidental to the performance of its duties or the execution of its power under this chapter. However, nothing in this chapter shall authorize the employment of private investigative personnel by contract to conduct investigations.

(6)(a) The department shall be governed by all laws regulating the purchase of supplies and equipment as other state agencies and may enter into contracts with other state agencies to make photographs and photocopies, to transmit information electronically, and to perform all those services consonant with the purpose of this chapter.

(b) It may use without charge the technical personnel and equipment of any state agency.

(7) The powers herein enumerated, or set forth in other parts of this chapter, shall be deemed an exercise of the state police power for the protection of the welfare, health, peace, safety, and morals of the people and shall be liberally construed.

(8) The Department of Legal Affairs shall be the legal adviser to and shall represent the department.

(9) The department may accept for any of its purposes and functions under this chapter any and all donations of property, real, personal, or mixed, and grants of money, from any governmental unit or public agency or from any institution, person, firm, or corporation. Such moneys shall be deposited, disbursed, and administered in a trust fund as provided by law.

(10) The department shall make an annual report of its activities to the Governor and to the Legislature and include in such report its recommendations for additional legislation.

(11) The department shall establish headquarters in Tallahassee. The Department of Management Services shall furnish the department with proper and adequate housing for its operation.

(12) The department may establish, implement, and maintain a statewide, integrated crime information system capable of transmitting criminal justice information relating to criminal offenses to and between criminal justice agencies throughout the state.

(13) Subject to sufficient annual appropriations, the department shall develop and maintain, in consultation with the Criminal and Juvenile Justice Information Systems Council under s. 943.08, an information system that supports the administration of the state’s criminal and juvenile justice information sharing in compliance with this chapter and other provisions of law. The department shall serve as custodial manager of the Criminal Justice Network developed and maintained as part of the information system authorized by this subsection.

(14) The department, with respect to counter-terrorism efforts, responses to acts of terrorism within or affecting this state, coordinating with and providing assistance to the Federal Government in the enforcement of federal immigration laws, responses to immigration enforcement incidents within or affecting this state, and other matters related to the domestic security of Florida as it relates to terrorism and immigration enforcement incidents, shall coordinate and direct the law enforcement, initial emergency, and other initial responses. The department shall work closely with the Division of Emergency Management, other federal, state, and local law enforcement agencies, fire and rescue agencies, first-responder agencies, and others involved in preparation against acts of terrorism in or affecting this state, immigration enforcement incidents within or affecting this state, and in the response to such acts or incidents. The executive director of the department, or another member of the department designated by the director, shall serve as Chief of Domestic Security for the purpose of directing and coordinating such efforts. The department and Chief of Domestic Security shall use the regional domestic security task forces as established in this chapter to assist in such efforts.

(15) The Department of Law Enforcement, in consultation with the Criminal and Juvenile Justice Information Systems Council established in s. 943.06, shall modify the existing statewide uniform statute table in its criminal history system to meet the business requirements of state and local criminal justice and law enforcement agencies. In order to accomplish this objective, the department shall:

(a) Define the minimum business requirements necessary for successful implementation.

(b) Consider the charging and booking requirements of sheriffs’ offices and police departments and the business requirements of state attorneys, public defenders, criminal conflict and civil regional counsel, clerks of court, judges, and state law enforcement agencies.

(c) Adopt rules establishing the necessary technical and business process standards required to implement, operate, and ensure uniform system use and compliance.

(16) Upon request, the department shall consult with sheriffs to provide input regarding programmatic guiding principles, practices, and resources in order to assist in the development and implementation of the Chris Hixon, Coach Aaron Feis, and Coach Scott Beigel Guardian Program established pursuant to s. 30.15. Such input and guidance may include, but need not be limited to, standards, curriculum, instructional strategies, evaluation, certification, records retention, equipment, and other resource needs.

History.—ss. 3, 9, ch. 74-386; s. 5, ch. 81-142; s. 1, ch. 89-3; s. 314, ch. 92-279; s. 55, ch. 92-326; s. 4, ch. 93-204; s. 7, ch. 93-405; s. 440, ch. 96-406; s. 3, ch. 98-94; s. 226, ch. 98-200; s. 2, ch. 98-251; s. 4, ch. 2000-226; s. 1, ch. 2001-365; s. 2, ch. 2005-165; s. 36, ch. 2010-162; s. 9, ch. 2013-116; s. 3, ch. 2019-22; s. 17, ch. 2023-18; s. 13, ch. 2023-40.

F.S. 943.03 on Google Scholar

F.S. 943.03 on Casetext

Amendments to 943.03

Arrestable Offenses / Crimes under Fla. Stat. 943.03

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 943.03.

Annotations, Discussions, Cases:

Cases Citing Statute 943.03

Total Results: 18

Christopher Pretzer v. Rick Swearingen, individually and in his official capacity, and Florida Department of Law Enforcement

Court: Fla. Dist. Ct. App. | Date Filed: 2024-07-19T00:00:00-07:00

Snippet: The enabling statute relied upon here is section 943.03(4), Florida Statutes, which empowers FDLE to “

SHARRON TASHA FORD v. CITY OF BOYNTON BEACH

Court: Fla. Dist. Ct. App. | Date Filed: 2021-05-05T00:53:00-07:00

Snippet: prior to State v. Smith which held that section 943.03 required both an actual subjective expectation … of appellant’s arrest for violation of section 943.03, the law was well established that a person must

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Court: Fla. Att'y Gen. | Date Filed: 2001-04-04T00:53:00-07:00

Snippet: including any out-of-state address." 6 See, s. 943.03(4), Fla. Stat., charging FDLE with the implementation

State v. Sobel

Court: Fla. Dist. Ct. App. | Date Filed: 1999-05-28T00:00:00-07:00

Citation: 743 So. 2d 38, 1999 Fla. App. LEXIS 6897, 1999 WL 360180

Snippet: exception to the prohibitions contained in section 943.03(1), and one the legislature intended, and I concur

Vural v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1998-07-08T00:53:00-07:00

Citation: 717 So. 2d 65

Snippet: recording by policemen and their operatives. § 943.03(2)(c) Fla. Stat. 1995; State v. Hershkowitz, 714

Dept. of Agriculture v. Edwards

Court: Fla. Dist. Ct. App. | Date Filed: 1995-05-05T00:00:00-07:00

Citation: 654 So. 2d 628

Snippet: suspected that the appellee might be violating section 943.03, Florida Statutes (1993), negate their reasonable

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Court: Fla. Att'y Gen. | Date Filed: 1994-05-24T00:53:00-07:00

Snippet: being developed and implemented pursuant to section 943.03(12), Florida Statutes, exempt from disclosure under…under section 119.07, Florida Statutes. Section 943.03(12), Florida Statutes, provides: The [Department… RAB/tjw 1 Subsection (12) was added to section 943.03, Florida Statutes, by section 4, chapter 93-204… 119.011(3)(d)2., Fla. Stat. (1993). 10 Section 943.03(7), Fla. Stat. (1993). Thompson v. State,342 So

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Court: Fla. Att'y Gen. | Date Filed: 1994-04-26T00:53:00-07:00

Snippet: tjw 1 Section 23.12, Fla. Stat. (1993). 2 Section 943.03(7), Fla. Stat. (1993). Thompson v. State,342 So

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Court: Fla. Att'y Gen. | Date Filed: 1991-10-16T00:53:00-07:00

Snippet: training of law enforcement officers under chapter 943 . . . . 3 See, s. 121.0515(2)(a), F.S. which states that

South Orlando Business Group v. City of Edgewood

Court: Fla. Dist. Ct. App. | Date Filed: 1991-08-15T00:00:00-07:00

Citation: 585 So. 2d 985, 1991 Fla. App. LEXIS 8055, 1991 WL 154816

Snippet: . See §§ 348.219(5), 348.243(3), 348.83(4), 348.943(3), 348.953(4), 348.968(3), Fla.Stat. (1989). Most

Wills v. Wills Travel Service, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 1987-10-16T00:00:00-07:00

Citation: 516 So. 2d 5, 12 Fla. L. Weekly 2435, 1987 Fla. App. LEXIS 10626, 1987 WL 958

Snippet: secured by the mortgage is in the amount of $183,943.03; otherwise, we affirm the final judgment. SCHEB

State v. Inciarrano

Court: Fla. | Date Filed: 1985-06-27T00:00:00-07:00

Citation: 473 So. 2d 1272

Snippet: communication;" held that pursuant to section 943.03, Florida Statutes (1975), the electronic recording

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Court: Fla. Att'y Gen. | Date Filed: 1978-04-04T23:53:00-08:00

Snippet: , or any federal funds made available, under s. 943.03(8) for the purpose of circumventing payment of

State v. Walls

Court: Fla. | Date Filed: 1978-03-01T23:53:00-08:00

Citation: 356 So. 2d 294

Snippet: was an illegal interception prohibited by Section 943.03, Florida Statutes, and that use of the electronic

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Court: Fla. Att'y Gen. | Date Filed: 1974-12-22T23:53:00-08:00

Snippet: counsel for Division of Plant Industry. Section 943.03(7) — Department of Criminal Law Enforcement

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Court: Fla. Att'y Gen. | Date Filed: 1974-08-07T00:53:00-07:00

Snippet: prescribed by Section 3 of Ch. 74-386, supra [s.943.03(2), F.S. (1974 Supp.)], is the duty to . . . employ

State Ex Rel. Drane v. Robles

Court: Fla. | Date Filed: 1932-10-07T00:00:00-08:00

Citation: 143 So. 438, 106 Fla. 940

Snippet: Mellish, 3 Bing. 334; Richardson vs. Mellish, *Page 943 3 Bing. 346; Mellish v. Richardson, 7 Barn. Cress

Atlantic Coast Line Railroad v. State

Court: Fla. | Date Filed: 1917-03-12T00:00:00-08:00

Citation: 73 Fla. 609

Snippet: page 5369 of 6 Words & Phrases and'page 943 of 3 Words & Phrases, second series. Section 2908