s. 925.037 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s. 932.701

counsel travel and per diem. Such form also shall pro­vide for the separate reporting of total county expendi­tures on attorney expenses and costs in cases in which other counsel were appointed by the court where the public defender was unable to accept the case as a result of a stated lack of resources. To facilitate such expenditure identification and reporting, the public defender, within 7 days of the appointment of such counsel by the court, shall report to the clerk of the cir­cuit court case-related information sufficient to permit the clerk to identify separately county expenditures on expenses and costs of such counsel. No county shall be required to submit any additional information to the Jus­tice Administrative Commission on an annual or other basis in order to document or otherwise verify the expenditure information provided on the report of con­flict counsel expenses and costs form, except as pro­vided in paragraph (c).

(c) Before September 30 of each year, each county shall submit to the Justice Administrative Commission a statement of compliance from its independent certi­fied public accountant, engaged pursuant to chapter 11, that each of the forms submitted to the Justice Adminis­trative Commission, as provided for in paragraphs (a) and (b), accurately represent county expenditures incurred in public defender conflict-of-interest cases during each reporting period covered by the state­ments. The statement of compliance also shall state that the expenditures made and reported were in compli­ance with relevant portions of Florida law. Such state­ment may be reflected as part of the annual audit. In the event that the statements are found to be accurate and the expenditures noted thereon to have been made in compliance with relevant portions of Florida law, no additional information or documentation shall be required to accompany the standardized statement of compliance submitted to the commission. If the state­ment of compliance submitted by the independent certi­fied public accountant indicates that one or more of the forms contained inaccurate expenditure information or if expenditures incurred were not in compliance with rel­evant portions of Florida law, the commission may require the submission of additional information as may be necessary to identify the nature of the problem.

(d) Upon the failure of a clerk of the circuit court or county to submit any report or information required by this section, the Justice Administrative Commission may refuse to honor any claim until such clerk or county is determined by the commission to be in compliance with such requirements. In the event that the statement of compliance submitted by a county pursuant to para­graph (c) indicates that the clerk of the circuit court claimed more than was actually expended by the county, the Justice Administrative Commission may require the clerk to submit complete supporting docu­mentation of the county's expenditures on conflict-of­interest cases for the ensuing 3-year period.

(6) No funds may be transferred to increase the amount available for reimbursement; however, these funds may be reallocated among the counties with the approval of the Justice Administrative Commission in consultation with the chairmen of the legislative appro­priations committees.

(7) Nothing contained in this chapter shall be con­strued to be an appropriation. Once the allocation to the county has been expended, any further obligation under s. 27.53(3) shall continue to be the responsibility of the county pursuant to this chapter.

Hiatory.-s. 4, ch. 89-129; s. 2, ch. 90-159; s. 23. ch. 94-348; s. B, ch. 96-311. 1Note.-Section B, ch. 96-311, purported to amend subsection (5), but did no! set

out in full the amended subsection to include paragraphs (c) and (d). Absent attirma· tive evidence that the Legis!ature intended to repeal the omitted material, it is set out in full here, pending clarification by the Legislature.

925.055 Law enforcement investigative funds.-( 1) State and local law enforcement agencies which

receive investigative and evidence funds from their bud­getary authority or which receive special law enforce­ment trust funds for complex or protracted investiga­tions shall adopt policies which provide for accountabil­ity of the expenditures of such funds.

(2) The policies of local law enforcement agencies must provide tor an annual financial audit to be per­formed in conformity with generally accepted govern­ment accounting principles. Local and state law enforce­ment agencies are not required to reveal to the auditors the names of confidential informants, and the audit report may not include information exempted in s. 119.07. The names ot confidential informants are confi­dential and exempt from the provisions of s. 119.07(1 ).

Hlatory.-s. 49, ch. 88-381; s. 1, ch. 94-70; s. 438, ch. 96-406.

CHAPTER 932

PROVISIONS SUPPLEMENTAL TO CRIMINAL PROCEDURE LAW

932.701 Short title; definitions. 932.703 Forfeiture of contraband article; exceptions. 932.7055 Disposition of liens and forfeited property.

932.701 Short title; definitions.-(1) Sections 932.701-932.707 shall be known and

may be cited as the "Florida Contraband Forfeiture Act." (2) As used in the Florida Contraband Forfeiture Act: (a) "Contraband article" means: 1. Any controlled substance as defined in chapter

893 or any substance, device, paraphernalia, or cur­rency or other means of exchange that was used, was attempted to be used, or was intended to be used in vio­lation of any provision of chapter 893, if the totality of the facts presented by the state is clearly sufficient to meet the state's burden of establishing probable cause to believe that a nexus exists between the article seized and the narcotics activity, whether or not the use of the contraband article can be traced to a specific narcotics transaction.

2. Any gambling paraphernalia, lottery tickets, money, currency, or other means of exchange which was used, was attempted, or intended to be used in vio­lation of the gambling laws of the state.

3. Any equipment, liquid or solid, which was being used, is being used, was attempted to be used, or intended to be used in violation of the beverage or tobacco laws of the state.

4. Any motor fuel upon which the motor fuel tax has not been paid as required by law.

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s. 932.701 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s. 932.703

5. Any personal property, including, but not limited to, any vessel, aircraft, item, object, tool, substance, device, weapon, machine, vehicle of any kind, money, securities, books, records , research, negotiable instru­ments, or currency, which was used or was attempted to be used as an instrumentality in the commission of, or in aiding or abetting in the commission of, any felony, whether or not comprising an element of the felony, or which is acquired by proceeds obtained as a result of a violation of the Florida Contraband Forfeiture Act.

6. Any real property, including any right, title, lease­hold, or other interest in the whole of any lot or tract of land, which was used, is being used, or was attempted to be used as an instrumentality in the commission of, or in aiding or abetting in the commission of, any felony, or which is acquired by proceeds obtained as a result of a violation of the Florida Contraband Forfeiture Act.

7. Any personal property, including, but not limited to, equipment, money, securities, books, records, research, negotiable instruments, currency, or any ves­sel, aircraft, item, object, tool, substance, device, weapon, machine, or vehicle of any kind in the posses­sion of or belonging to any person who takes aquaculture products in violation of s. 812.014(2)(c).

(b) "Bona fide lienholder" means the holder of a lien perfected pursuant to applicable law.

(c) 'Promptly proceed' means to file the complaint within 45 days after seizure.

(d) "Complaint" is a petition for forfeiture filed in the civil division of the circuit court by the seizing agency requesting the court to issue a judgment of forfeiture.

(e) "Person entitled to notice" means any owner, entity, bona fide lienholder, or person in possession of the property subject to forfeiture when seized, who is known to the seizing agency after a diligent search and inquiry.

(f) 'Adversarial preliminary hearing" means a hear­ing in which the seizing agency is required to establish probable cause that the property subject lo forfeiture was used in violation of the Florida Contraband Forfeit­ure Act.

(g) "Forfeiture proceeding" means a hearing or trial in which the court or jury determines whether the sub­ject property shall be forfeited.

(h} "Claimant" means any party who has proprietary interest in property subject to forfeiture and has stand­ing to challenge such forfeiture, including owners, regis­tered owners, bona fide lienholders, and titleholders.

Hhllory.- ss. 1, 2, ch. 74-385; s. 1, ch. ~; s . 1, ch. 89-148; s. 1, ch. 92-54; s. 1, ch. 95--265: s . 31 , ch. 96-247.

Nota.- Former s. 943.41.

932. 703 Forfeiture of contraband article; excep­tions.-

(1)(a) Any contraband article, vessel, motor vehicle, aircraft, other personal property, or real property used in violation of any provision of the Florida Contraband Forfeiture Act, or in, upon, or by means of which any vio­lation of the Florida Contraband Forfeiture Act has taken or is taking place, may be seized and shall be forfeited subject to the provisions of the Florida Contraband For­feiture Act.

(b} Notwithstanding any other provision of the Flor­ida Contraband Forfeiture Act, except the provisions of

paragraph (a), contraband articles set forth in s. 932.701(2)(a)7. used in violation of any provision of the Florida Contraband Forfeiture Act, or in, upon, or by means of which any violation of the Florida Contraband Forfeiture Act has taken or is taking place, shall be seized and shall be forfeited subject to the provisions of the Florida Contraband Forfeiture Act.

{c) All rights to, interest in, and title to contraband articles used in violation of s. 932.702 shall immediately vest in the seizing law enforcement agency upon sei­zure.

(d) The seizing agency may not use the seized prop­erty for any purpose until the rights to, interest in, and title to the seized property are perfected in accordance with the Florida Contraband Forfeiture Act. This section does not prohibit use or operation necessary for reason­able maintenance of seized property. Reasonable efforts shall be made to maintain seized property in such a manner as to minimize loss of value.

(2)(a} Personal property may be seized at the time of the violation or subsequent to the violation, if the per­son entitled to notice is notified at the time of the seizure or by certified mail, return receipt requested, that there is a right to an adversarial preliminary hearing after the seizure to determine whether probable cause exists to believe that such property has been or is being used in violation of the Florida Contraband Forfeiture Act. Seiz­ing agencies shall make a diligent effort to notify the per­son entitled to notice of the seizure. Notice provided by certified mail must be mailed within 5 working days after the seizure and must state that a person entitled to notice may request an adversarial preliminary hearing within 15 days after receiving such notice. When a postseizure, adversarial preliminary hearing as provided in this section is desired, a request must be made in writ­ing by certified mail, return receipt requested, to the seizing agency. The seizing agency shall set and notice the hearing, which must be held within 10 days after the request is received or as soon as practicable thereafter.

(b) Real property may not be seized or restrained, other than by lis pendens, subsequent to a violation of the Florida Contraband Forfeiture Act until the persons entitled to notice are afforded the opportunity to attend the preseizure adversarial preliminary hearing. A lis pendens may be obtained by any method authorized by law. Notice of the adversarial preliminary hearing shall be by certified mail, return receipt requested. The pur­pose of the adversarial preliminary hearing is to deter­mine whether probable cause exists to believe that such property has been used in violation of the Florida Contra­band Forfeiture Act. The seizing agency shall make a dil­igent effort to notify any person entitled to notice of the seizure. The preseizure adversarial preliminary hearing provided herein shall be held within 10 days of the filing of the lis pendens or as soon as practicable.

(c) When an adversarial preliminary hearing is held, the court shall review the verified affidavit and any other supporting documents and take any testimony to deter­mine whether there is probable cause to believe that the property was used, is being used, was attempted to be used, or was intended to be used in violation of the Flor­ida Contraband Forfeiture Act. If probable cause is established, the court shall authorize the seizure or con-

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s. 932.703 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s. 932.7055

tinued seizure of the subject contraband. A copy of the findings of the court shall be provided to any person entitled to notice.

(d) If the court determines that probable cause exists to believe that such property was used in violation of the Florida Contraband Forfeiture Act, the court shall order the property restrained by the least restrictive means to protect against disposal, waste, or continued illegal use of such property pending disposition of the forfeiture proceeding. The court may order the claimant to post a bond or other adequate security equivalent to the value of the property.

(3) Neither replevin nor any other action to recover any interest in such property shall be maintained in any court, except as provided in this act; however, such action may be maintained if forteiture proceedings are not initiated within 45 days after the date of seizure. However, if good cause is shown, the court may extend the aforementioned prohibition to 60 days.

(4) In any incident in which possession of any con­traband article defined in s. 932.701(2)(a) constitutes a felony, the vessel, motor vehicle, aircraft, other personal property, or real property in or on which such contra­band article is located at the time of seizure shall be con­traband subject to forfeiture. It shall be presumed in the manner provided in s. 90.302(2) that the vessel, motor vehicle, aircraft, other personal property, or real property in which or on which such contraband article is located at the time of seizure is being used or was attempted or intended to be used in a manner to facilitate the trans­portation, carriage, conveyance, concealment, receipt, possession, purchase, sale, barter, exchange, or giving away of a contraband article defined in s. 932.701 (2).

(5) The court shall order the forfeiture of any other property of a claimant, excluding lienholders, up to the value of any property subject to forfeiture under this sec­tion if any of the property described in this section:

(a) Cannot be located; (b) Has been transferred to, sold to, or deposited

with, a third party; (c) Has been placed beyond the jurisdiction of the

court; (d) Has been substantially diminished in value by

any act or omission of the person in possession of the property; or

(e) Has been commingled with any property which cannot be divided without difficulty.

(6)(a) Property may not be forfeited under the Flor­ida Contraband Forfeiture Act unless the seizing agency establishes by a preponderance of the evidence that the owner either knew, or should have known after a reason­able inquiry, that the property was being employed or was likely to be employed in criminal activity.

(b) A bona fide lienholder's interest that has been perfected in the manner prescribed by law prior to the seizure may not be forfeited under the Florida Contra­band Forfeiture Act unless the seizing agency estab­lishes by a preponderance of the evidence that the lienholder had actual knowledge, at the time the lien was made, that the property was being employed or was likely to be employed in criminal activity. If a lienholder's interest is not subject to forfeiture under the require­ments of this section, such interest shall be preserved

by the court by ordering the lienholder's interest to be paid as provided in s. 932.7055.

(c) Property titled or registered between husband and wife jointly by the use of the conjunctives "and," "and/or," or 'or," in the manner prescribed by law prior to the seizure, may not be forfeited under the Florida Contraband Forfeiture Act unless the seizing agency establishes by a preponderance of the evidence that the coowner either knew or had reason to know, after rea­sonable inquiry, that such property was employed or was likely to be employed in criminal activity.

(d) A vehicle that is rented or leased from a company engaged in the business of renting or leasing vehicles, which vehicle was rented or leased in the manner pre­scribed by law prior to the seizure, may not be forfeited under the Florida Contraband Forfeiture Act unless the seizing agency establishes by preponderance of the evi­dence that the renter or lessor had actual knowledge, at the time the vehicle was rented or leased, that the vehicle was being employed or was likely to be employed in criminal activity. When a vehicle that is rented or leased from a company engaged in the busi­ness of renting or leasing vehicles is seized under the Florida Contraband Forfeiture Act, upon learning the address or phone number of the company, the seizing law enforcement agency shall, as soon as practicable, inform the company that the vehicle has been seized and is available for the company to take possession.

(7) Any interest in, title to, or right to property titled or registered jointly by the use of the conjunctives "and," "and/or," or "or" held by a coowner, other than property held jointly between husband and wife, may not be for­feited unless the seizing agency establishes by a pre­ponderance of the evidence that the coowner either knew, or had reason to know, after reasonable inquiry, that the property was employed or was likely to be employed in criminal activity. When the interests of each culpable coowner are forfeited, any remaining coowners shall be afforded the opportunity to purchase the for­feited interest in, title to, or right to the property from the seizing law enforcement agency. If any remaining coowner does not purchase such interest, the seizing agency may hold the property in coownership, sell its interest in the property, liquidate its interest in the prop­erty, or dispose of its interest in the property in any other reasonable manner.

(8) It is an affirmative defense to a forfeiture pro­ceeding that the nexus between the property sought to be forfeited and the commission of any underlying viola­tion was incidental or entirely accidental. The value of the property sought to be forfeited in proportion to any other factors must not be considered in any determina­tion as to this affirmative defense.

Hiatory.-s. 3, ch. 74-385; s. 3, ch. 80-68; s. 496, ch. 81-259; s. 1, ch. 85-316; s. 3, ch 89-148; s. 3, ch. 92-54; s. 3, ch. 95-265; s. 32, ch. 96-247.

Note.-Former s 943.43

932.7055 Disposition of liens and forfeited prop­erty.-

(1) When a seizing agency obtains a final judgment granting forfeiture of real property or personal property, it may elect to:

(a) Retain the property for the agency's use;

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s. 932.7055 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s. 932.7055

(b) Sell the property at public auction or by sealed bid to the highest bidder, except for real property which should be sold in a commercially reasonable manner after appraisal by listing on the market; or

(c) Salvage, trade, or transfer the property to any public or nonprofit organization.

(2) If the forfeited property is subject to a lien pre­served by the court as provided in s. 932.703(6)(b), the agency shall:

(a) Sell the property with the proceeds being used towards satisfaction of any liens; or

(b) Have the lien satisfied prior to taking any action authorized by subsection (1 ).

(3) The proceeds from the sale of forfeited property shall be disbursed in the following priority:

(a) Payment of the balance due on any lien pre­served by the court in the forfeiture proceedings.

(b) Payment of the cost incurred by the seizing agency in connection with the storage, maintenance, security, and forfeiture of such property.

(c) Payment of court costs incurred in the forfeiture proceeding.

(4)(a) If the seizing agency is a county or municipal agency, the remaining proceeds shall be deposited in a special law enforcement trust fund established by the board of county commissioners or the governing body of the municipality. Such proceeds and interest earned therefrom shall be used for school resource officer, crime prevention, safe neighborhood, drug abuse edu­cation and prevention programs, or for other law enforcement purposes, which include defraying the cost of protracted or complex investigations, providing addi­tional equipment or expertise and providing matching funds to obtain federal grants. The proceeds and inter­est may not be used to meet normal operating expenses of the law enforcement agency.

(b) These funds may be expended upon request by the sheriff to the board of county commissioners or by the chief of police to the governing body of the munici­pality, accompanied by a written certification that' the request complies with the provisions of this subsection, and only upon appropriation to the sheriff's office or police department by the board of county commission­ers or the governing body of the municipality.

(c) An agency or organization, other than the seizing agency, that wishes to receive such funds shall apply to the sheriff or chief of police for an appropriation and its application shall be accompanied by a written certifica­tion that the moneys will be used for an authorized pur­pose. Such requests for expenditures shall include a statement describing anticipated recurring costs for the agency for subsequent fiscal years. An agency or orga­nization that receives money pursuant to this subsection shall provide an accounting for such moneys and shall furnish the same reports as an agency of the county or municipality that receives public funds. Such funds may be expended in accordance with the following proce· dures:

1. Such funds may be used only for school resource officer, crime prevention, safe neighborhood, drug abuse education, or drug prevention programs or such other law enforcement purposes as the board of county commissioners or governing body of the municipality deems appropriate.

2. Such funds shall not be a source of revenue to meet normal operating needs of the law enforcement agency.

3. After July 1, 1992, and during every fiscal year thereafter. any local law enforcement agency that acquires at least $15,000 pursuant to the Florida Contra­band Forfeiture Act within a fiscal year must expend or donate no less than 15 percent of such proceeds tor the support or operation of any drug treatment, drug abuse education, drug prevention, crime prevention, safe neighborhood, or school resource officer program(s). The local law enforcement agency has the discretion to determine which program(s) will receive the designated proceeds.

Notwithstanding the drug abuse education, drug treat­ment, drug prevention, crime prevention, safe neighbor­hood, or school resource officer minimum expenditures or donations, the sheriff and the board of county com­missioners or the chief of police and the governing body of the municipality may agree to expend or donate such funds over a period of years if the expenditure or dona­tion of such minimum amount in any given fiscal year would exceed the needs of the county or municipality for such program(s). Nothing in this section precludes the expenditure or donation of forfeiture proceeds in excess of the minimum amounts established herein.

(5) If the seizing agency is a state agency, all remaining proceeds shall be deposited into the General Revenue Fund. However, if the seizing agency is:

(a) The Department of Law Enforcement, the pro­ceeds accrued pursuant to the provisions of the Florida Contraband Forfeiture Act shall be deposited into the Forfeiture and Investigative Support Trust Fund.

(b) The Department of Environmental Protection, the proceeds accrued pursuant to the provisions of the Flor­ida Contraband Forfeiture Act shall be deposited into the Marine Resources Conservation Trust Fund to be used for law enforcement purposes.

(c) The Division of Alcoholic Beverages and Tobacco, the proceeds accrued pursuant to the Florida Contraband Forfeiture Act shall be deposited into the Alcoholic Beverage and Tobacco Trust Fund.

(d) The Department of Highway Safety and Motor Vehicles, the proceeds accrued pursuant to the Florida Contraband Forfeiture Act shall be deposited into the Department of Highway Safety and Motor Vehicles Trust Fund.

(e) The Game and Fresh Water Fish Commission, the proceeds accrued pursuant to the provisions of the Florida Contraband Forfeiture Act shall be deposited into the State Game Trust Fund.

(f) A state attorney's office acting within its judicial circuit, the proceeds accrued pursuant to the provisions of the Florida Contraband Forfeiture Act shall be depos­ited into the State Attorney's Forfeiture and Investiga­tive Support Trust Fund to be used for the investigation of crime and prosecution of criminals within the judicial circuit.

(g) A school board security agency employing law enforcement officers, the proceeds accrued pursuant to the provisions of the Florida Contraband Forfeiture Act shall be deposited into the School Board Law Enforce­ment Trust Fund.

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s. 932.7055 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s. 937.024

(h) One of the State University System police departments acting within the jurisdiction of its employ­ing state university. the proceeds accrued pursuant to the provisions of the Florida Contraband Forfeiture Act shall be deposited into that state university's special law enforcement trust fund.

(i) The Department of Agriculture and Consumer Services, the proceeds accrued pursuant to the provi­sions of the Florida Contraband Forfeiture Act shall be deposited into the Agricultural Law Enforcement Trust Fund.

UJ The Department of Military Affairs, the proceeds accrued from federal forleitu re sharing pursuant to 21 U.S.C. ss. 881(e)(1)(A) and (3), 18 U.S.C. s. 9B1(e)(2), and 19 U.S.C. s. 1616a shall be deposited into the Armory Board Trust Fund and used for purposes author­ized by such federal provisions based on the depart­ment's budgetary authority.

(6) If more than one law enforcement agency is act­ing substantially to elfect the forfeiture, the court having jurisdiction over the forfeiture proceedings shall, upon motion, equitably distribute all proceeds and other prop­erty among the seizing agencies.

(7) Upon the sale of any motor vehicle, vessel, air­craft, real property, or other property requiring a title, the appropriate agency shall issue a title certificate to the purchaser. Upon the request of any law enforcement agency which elects to retain titled property after forfeit­ure, the appropriate state agency shall issue a title cer­tificate for such property to said law enforcement agency.

(8)(a) Every law enforcement agency shall submit semiannual reports to the Department of Law Enforce­ment indicating whether the agency has seized or for­feited property under the Florida Contraband Forfeiture Act. Any law enforcement agency receiving or expend­ing forfeited property or proceeds from the sale of for­feited property in accordance with the Florida Contra­band Forfeiture Act shall submit completed semiannual reports, by April 10, and October 10, documenting the receipts and expenditures, on forms promulgated by the Department of Law Enforcement, to the entity which has budgetary authority over such agency and to the Department of Law Enforcement. The semiannual report shall specify the type, approximate value, any court case number, type of offense, disposition of the prop­erty received, and the amount of any proceeds received or expended.

(b) The Department of Law Enforcement shall sub­mit an annual report to the criminal justice committees of the House of Representatives and of the Senate com­piling the information and data related in the semiannual reports submitted by the law enforcement agencies. The annual report shall also contain a list of law enforce­ment agencies which have failed to meet the reporting requirements and a summary of any action which has been taken against the noncomplying agency by the Office of the Comptroller.

(c) Neither the law enforcement agency nor the entity having budgetary control over the law enforce­ment agency shall anticipate future forfeitures or pro­ceeds therefrom in the adoption and approval of the budget for the law enforcement agency.

Hislofy.--s. 5, oh. 92-54; s. 2, ch, 92-290; s. 21, ch. 94-265: s. 479, ch. 94-356; s. 5, ch. 95-265; s. 72, ch. 96-321; s. 41, ch. 96-41ff.

CHAPTER 937

MISSING PERSON INVESTIGATIONS

937.024 Birth records of missing children; registrars' duties.

937.025 Missing children; student records; reporting requirements; penalties.

937.028 Fingerprints; missing children.

937 .024 Birth records of missing children; regis­trars' duties.-

( 1) The Office of Vital Statistics shall: (a) Collect each month a list of missing children as

provided by the Department of Law Enforcement. The list shall be designed to include such information as the Office of Vital Statistics deems necessary for the identifi· cation of missing children born in this state.

(b) Compile from the information collected pursuant to paragraph (a) a list of missing children born in this state.

(c) In its centralized records in Jacksonville, flag the birth certificate or birth record of each identified missing child in such a manner that all employees of the office shall know that the certificate or record is that of a child reported as missing.

(d) Recall each missing child's birth certificate or birth record from the local registrar of vital statistics in the county of the missing child's birth.

(e) Collect each month a list of missing children who have been located, as provided by the Department of Law Enforcement's Florida Crime Information Center; identify which, if any, of the located children were born in this state; and remove its flags lrom the birth certifi­cates or birth records of such children accordingly.

(2)(a) A copy of the birth certificate or information concerning the birth record of any child whose record has been flagged or recalled pursuant to paragraph (1)(c) or paragraph (1)(d) may not be provided by the State Registrar or any local registrar in response to any inquiry, unless the flag has been removed pursuant to paragraph (1 )( e ).

(b) When a copy of the birth certificate or information concerning the birth record of a child whose record has been flagged or recalled is requested in person, the per­son accepting the request shall immediately notify his or her supervisor. The person making the request shall complete a form supplying his or her name, address, telephone number, social security number, and relation· ship to the missing child and the name, address, and birth date of the missing child. The driver's license of the person making the request, if available, or some other proper form of identification, shall be photocopied and returned to the person. The person shall be informed that a copy of the certificate will be delivered to the per­son by mail. The registrar's personnel shall note the physical description of the person making the request, and, when the person leaves the registrar's office, the supervisor shall immediately notify the Department of Law Enforcement's Missing Children Information Clear­inghouse, which must then notify the local law enforce-

2292