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1999 Florida Attorney General Reports and Opinions 1 (1999)

handle is hein.sag/sagfl0021 and id is 1 raw text is: Page 1 of 10

Advisory Legal Opinion

Number: AGO 99-01
Date: January 6, 1999
Subject: Federal criminal history records on school personnel
Mr. Michael D. Chiumento
Attorney for Flagler County School District
4 Old Kings Road North, Suite B
Palm Coast, Florida 32137
RE: PUBLIC RECORDS--SCHOOL PERSONNEL--FEDERAL RECORDS--FEDERAL
BUREAU OF INVESTIGATION--FINGER-PRINTS--SCHOOL DISTRICTS--public
nature of federal criminal history records compiled on school
personnel. s. 231.02, Fla. Stat.
Dear Mr. Chiumento:
As general counsel to the School District of Flagler County, you
have asked for my opinion on substantially the following questions:
1. Is criminal history record information obtained from the Federal
Bureau of Investigation (FBI) and provided to a public school
district for employment purposes as required by section 231.02,
Florida Statutes, subject to public inspection and copying under
Florida's Public Records Law?
2. If the answer to Question One is in the affirmative, should this
information be made part of an employee's personnel file or
maintained separately?
In sum:
1. Criminal history record information shared with a public school
district pursuant to section 231.02, Florida Statutes, by the
Federal Bureau of Investigation retains its character as a federal
record to which only limited access is provided by federal law and
is not subject to inspection and copying under Florida's Public
Records Law.
2. In light of the conclusion that these records are not subject to
inspection and disclosure, and pursuant to a contract between the
school district and the Florida Department of Law Enforcement,
acting as the agent of the Federal Bureau of Investigation for this
purpose, these federal records may not be commingled with other

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