Bill Text: FL S0906 | 2011 | Regular Session | Introduced


Bill Title: Background Screening Requirements/School Districts

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [S0906 Detail]

Download: Florida-2011-S0906-Introduced.html
       Florida Senate - 2011                                     SB 906
       
       
       
       By Senator Dean
       
       
       
       
       3-00949-11                                             2011906__
    1                        A bill to be entitled                      
    2         An act relating to background screening requirements
    3         for certain noninstructional school district employees
    4         and contractors; amending s. 1012.465, F.S.;
    5         authorizing the Department of Agriculture and Consumer
    6         Services, rather than the Department of Law
    7         Enforcement, to take fingerprints, conduct background
    8         checks through the Department of Law Enforcement, and
    9         issue statewide certificates signifying that a person
   10         has met the uniform, statewide qualifications
   11         necessary for noninstructional school district
   12         employees or contractual personnel to have access to
   13         school grounds when students are present, have direct
   14         contact with students, or have access to or control of
   15         school funds; specifying the criteria to receive a
   16         certificate; requiring school district employees or
   17         contractual personnel to possess a valid certificate
   18         issued to the school district by the Department of
   19         Agriculture and Consumer Services; requiring the
   20         school district employee or contractual personnel to
   21         bear the cost of the state and federal criminal
   22         history check required by the screening; requiring
   23         each person employed or under contract to inform his
   24         or her employer within 48 hours if the employee is
   25         convicted of a disqualifying offense; requiring the
   26         Department of Agriculture and Consumer Services to
   27         maintain a database of certificateholders and to
   28         compare that database to the Florida Criminal
   29         Information Center database at least once every 3
   30         months; requiring the Department of Agriculture and
   31         Consumer Services to notify the contractor and school
   32         district if any person who is employed by or under
   33         contract with, a school district is found to be a
   34         disqualified employee; requiring the school district
   35         employee or contractual personnel to possess the
   36         certificate whenever he or she is on school grounds;
   37         providing for a noncriminal penalty for failing to
   38         possess or display the certificate when on school
   39         grounds; providing an effective date.
   40  
   41  Be It Enacted by the Legislature of the State of Florida:
   42  
   43         Section 1. Section 1012.465, Florida Statutes, is amended
   44  to read:
   45         1012.465 Background screening requirements for certain
   46  noninstructional school district employees and contractors.—
   47         (1) Except as provided in s. 1012.467 or s. 1012.468,
   48  noninstructional school district employees or contractual
   49  personnel who are permitted access on school grounds when
   50  students are present, who have direct contact with students or
   51  who have access to or control of school funds must meet level 2
   52  screening requirements as described in s. 1012.32. Contractual
   53  personnel shall include any vendor, individual, or entity under
   54  contract with a school or the school board.
   55         (2) The Department of Agriculture and Consumer Services may
   56  take fingerprints, conduct background checks through the
   57  Department of Law Enforcement, and issue statewide certificates
   58  signifying that a person has met the uniform, statewide
   59  qualifications required under level 2 screening requirements as
   60  described in s. 1012.32.
   61         (3) The Department of Agriculture and Consumer Services
   62  shall issue a certificate if the applicant:
   63         (a) Is a resident of the United States and a citizen of the
   64  United States or a permanent resident alien of the United
   65  States, as determined by the United States Bureau of Citizenship
   66  and Immigration Services;
   67         (b) Is 18 years or older; and
   68         (c) Meets the screening standards of s. 435.04.
   69         (4)(2) Every 5 years following employment or entry into a
   70  contract in a capacity described in subsection (1), each person
   71  who is so employed or under contract with the school district
   72  must meet level 2 screening requirements as described in s.
   73  1012.32, and shall possess a valid certificate issued to the
   74  school district by the Department of Agriculture and Consumer
   75  Services. The cost of the state and federal criminal history
   76  check required by level 2 screening shall be borne by the person
   77  screened. Under penalty of perjury, each person who is employed
   78  or under contract in a capacity described in subsection (1) must
   79  inform his or her employer within 48 hours if he or she is
   80  convicted of a disqualifying offense. at which time the school
   81  district shall request the Department of Law Enforcement to
   82  forward the fingerprints to the Federal Bureau of Investigation
   83  for the level 2 screening. If, for any reason following
   84  employment or entry into a contract in a capacity described in
   85  subsection (1), the fingerprints of a person who is so employed
   86  or under contract with the school district are not retained by
   87  the Department of Law Enforcement under s. 1012.32(3)(a) and
   88  (b), the person must file a complete set of fingerprints with
   89  the district school superintendent of the employing or
   90  contracting school district. Upon submission of fingerprints for
   91  this purpose, the school district shall request the Department
   92  of Law Enforcement to forward the fingerprints to the Federal
   93  Bureau of Investigation for the level 2 screening, and the
   94  fingerprints shall be retained by the Department of Law
   95  Enforcement under s. 1012.32(3)(a) and (b). The cost of the
   96  state and federal criminal history check required by level 2
   97  screening may be borne by the district school board, the
   98  contractor, or the person fingerprinted. Under penalty of
   99  perjury, each person who is employed or under contract in a
  100  capacity described in subsection (1) must agree to inform his or
  101  her employer or the party with whom he or she is under contract
  102  within 48 hours if convicted of any disqualifying offense while
  103  he or she is employed or under contract in that capacity.
  104         (5) The Department of Agriculture and Consumer Services
  105  shall maintain a database of certificateholders and compare that
  106  database to the Florida Criminal Information Center database at
  107  least once every 3 months throughout the term of the
  108  certificate. If a person employed by or under contract with a
  109  school district is found to be disqualified under the provisions
  110  of this section, the Department of Agriculture and Consumer
  111  Services shall notify the contractor and school district that
  112  such person no longer meets the level 2 screening requirements
  113  as described in s. 1012.32.
  114         (6) Certificates issued by the Department of Agriculture
  115  and Consumer Services must bear a color photograph of the
  116  certificateholder. The certificateholder must carry the
  117  certificate, together with valid identification, at all times
  118  that the certificateholder is on school grounds and must display
  119  the certificate and proper identification upon demand by a duly
  120  authorized school system employee. A person under contract with
  121  or employed by a school district who violates this subsection
  122  commits a noncriminal violation as defined in s. 775.08,
  123  punishable by a fine of $25, payable to the school district.
  124         (7)(3) If it is found that a person who is employed or
  125  under contract in a capacity described in subsection (1) does
  126  not meet the level 2 requirements, the person shall be
  127  immediately suspended from working in that capacity and shall
  128  remain suspended until final resolution of any appeals.
  129         Section 2. This act shall take effect July 1, 2011.

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