Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. CS for CS for SB 2280
Barcode 981072
CHAMBER ACTION
Senate House
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04/04/2006 07:58 PM .
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11 The Committee on Governmental Oversight and Productivity
12 (Argenziano) recommended the following amendment:
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14 Senate Amendment (with title amendment)
15 Delete everything after the enacting clause,
16
17 and insert:
18 Section 1. Effective August 1, 2006, section 322.141,
19 Florida Statutes, is amended to read:
20 322.141 Color or markings of certain licenses or
21 identification cards.--
22 (1) All licenses originally issued or reissued by the
23 department to persons under the age of 21 years for the
24 operation of motor vehicles shall have markings or color which
25 shall be obviously separate and distinct from all other
26 licenses issued by the department for the operation of motor
27 vehicles.
28 (2)(a) All licenses for the operation of motor
29 vehicles originally issued or reissued by the department to
30 persons who have insulin-dependent diabetes may, at the
31 request of the applicant, have distinctive markings separate
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Florida Senate - 2006 COMMITTEE AMENDMENT
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1 and distinct from all other licenses issued by the department.
2 (b) At the time of application for original license or
3 reissue, the department shall require such proof as it deems
4 appropriate that a person has insulin-dependent diabetes.
5 (3) All licenses for the operation of motor vehicles
6 or identification cards originally issued or reissued by the
7 department to persons who are designated as sexual predators
8 under s. 775.21 or subject to registration as sexual offenders
9 under s. 943.0435 or s. 944.607 shall have on the front of the
10 license the following:
11 (a) For a person designated as a sexual predator under
12 s. 775.21, the marking "775.21, F.S."
13 (b) For a person subject to registration as a sexual
14 offender under s. 943.0435 or s. 944.607, the marking
15 "943.0435, F.S."
16 Section 2. Effective February 1, 2007, paragraph (c)
17 is added to subsection (5) of section 322.212, Florida
18 Statutes, to read:
19 322.212 Unauthorized possession of, and other unlawful
20 acts in relation to, driver's license or identification
21 card.--
22 (5)
23 (c) It is unlawful for any person to have in his or
24 her possession a driver's license or identification card upon
25 which the sexual predator or sexual offender markings required
26 by s. 322.141 are not displayed or have been altered.
27 Section 3. Paragraph (f) of subsection (6) of section
28 775.21, Florida Statutes, is amended to read:
29 775.21 The Florida Sexual Predators Act.--
30 (6) REGISTRATION.--
31 (f) Within 48 hours after the registration required
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Florida Senate - 2006 COMMITTEE AMENDMENT
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1 under paragraph (a) or paragraph (e), a sexual predator who is
2 not incarcerated and who resides in the community, including a
3 sexual predator under the supervision of the Department of
4 Corrections, shall register in person at a driver's license
5 office of the Department of Highway Safety and Motor Vehicles
6 and shall present proof of registration. At the driver's
7 license office the sexual predator shall:
8 1. If otherwise qualified, secure a Florida driver's
9 license, renew a Florida driver's license, or secure an
10 identification card. The sexual predator shall identify
11 himself or herself as a sexual predator who is required to
12 comply with this section, provide his or her place of
13 permanent or temporary residence, including a rural route
14 address and a post office box, and submit to the taking of a
15 photograph for use in issuing a driver's license, renewed
16 license, or identification card, and for use by the department
17 in maintaining current records of sexual predators. A post
18 office box shall not be provided in lieu of a physical
19 residential address. If the sexual predator's place of
20 residence is a motor vehicle, trailer, mobile home, or
21 manufactured home, as defined in chapter 320, the sexual
22 predator shall also provide to the Department of Highway
23 Safety and Motor Vehicles the vehicle identification number;
24 the license tag number; the registration number; and a
25 description, including color scheme, of the motor vehicle,
26 trailer, mobile home, or manufactured home. If a sexual
27 predator's place of residence is a vessel, live-aboard vessel,
28 or houseboat, as defined in chapter 327, the sexual predator
29 shall also provide to the Department of Highway Safety and
30 Motor Vehicles the hull identification number; the
31 manufacturer's serial number; the name of the vessel,
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1 live-aboard vessel, or houseboat; the registration number; and
2 a description, including color scheme, of the vessel,
3 live-aboard vessel, or houseboat.
4 2. Pay the costs assessed by the Department of Highway
5 Safety and Motor Vehicles for issuing or renewing a driver's
6 license or identification card as required by this section.
7 The driver's license or identification card issued shall
8 comply with s. 322.141(3).
9 3. Provide, upon request, any additional information
10 necessary to confirm the identity of the sexual predator,
11 including a set of fingerprints.
12
13 The sheriff shall promptly provide to the department the
14 information received from the sexual predator.
15 Section 4. Subsection (3) of section 943.0435, Florida
16 Statutes, is amended to read:
17 943.0435 Sexual offenders required to register with
18 the department; penalty.--
19 (3) Within 48 hours after the report required under
20 subsection (2), a sexual offender shall report in person at a
21 driver's license office of the Department of Highway Safety
22 and Motor Vehicles, unless a driver's license or
23 identification card that complies with the requirements of s.
24 322.141(3) was previously secured or updated under s. 944.607.
25 At the driver's license office the sexual offender shall:
26 (a) If otherwise qualified, secure a Florida driver's
27 license, renew a Florida driver's license, or secure an
28 identification card. The sexual offender shall identify
29 himself or herself as a sexual offender who is required to
30 comply with this section and shall provide proof that the
31 sexual offender reported as required in subsection (2). The
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Florida Senate - 2006 COMMITTEE AMENDMENT
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1 sexual offender shall provide any of the information specified
2 in subsection (2), if requested. The sexual offender shall
3 submit to the taking of a photograph for use in issuing a
4 driver's license, renewed license, or identification card, and
5 for use by the department in maintaining current records of
6 sexual offenders.
7 (b) Pay the costs assessed by the Department of
8 Highway Safety and Motor Vehicles for issuing or renewing a
9 driver's license or identification card as required by this
10 section. The driver's license or identification card issued
11 shall comply with s. 322.141(3).
12 (c) Provide, upon request, any additional information
13 necessary to confirm the identity of the sexual offender,
14 including a set of fingerprints.
15 Section 5. Subsection (9) of section 944.607, Florida
16 Statutes, is amended to read:
17 944.607 Notification to Department of Law Enforcement
18 of information on sexual offenders.--
19 (9) A sexual offender, as described in this section,
20 who is under the supervision of the Department of Corrections
21 but who is not incarcerated shall, in addition to the
22 registration requirements provided in subsection (4), register
23 and obtain a distinctive driver's license or identification
24 card in the manner provided in s. 943.0435(3), (4), and (5),
25 unless the sexual offender is a sexual predator, in which case
26 he or she shall register and obtain a distinctive driver's
27 license or identification card as required under s. 775.21. A
28 sexual offender who fails to comply with the requirements of
29 s. 943.0435 is subject to the penalties provided in s.
30 943.0435(9).
31 Section 6. Subsection (1) of section 1012.465, Florida
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Florida Senate - 2006 COMMITTEE AMENDMENT
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1 Statutes, is amended to read:
2 1012.465 Background screening requirements for certain
3 noninstructional school district employees and contractors.--
4 (1) Except as provided in s. 1012.467,
5 noninstructional school district employees or contractual
6 personnel who are permitted access on school grounds when
7 students are present, who have direct contact with students or
8 who have access to or control of school funds must meet level
9 2 screening requirements as described in s. 1012.32.
10 Contractual personnel shall include any vendor, individual, or
11 entity under contract with a school or the school board.
12 Section 7. Section 1012.467, Florida Statutes, is
13 created to read:
14 1012.467 Noninstructional contractors who are
15 permitted access to school grounds when students are present;
16 background screening requirements.--
17 (1) As used in this section, the term:
18 (a) "Noninstructional contractor" means any vendor,
19 individual, or entity under contract with a school or with the
20 school board who receives remuneration for services performed
21 for the school district or a school, but who is not otherwise
22 considered an employee of the school district. The term also
23 includes any employee of a contractor who performs services
24 for the school district or school under the contract and any
25 subcontractor and its employees.
26 (b) "Convicted" has the same meaning as in s.
27 943.0435.
28 (c) "School grounds" means the buildings and grounds
29 of any public prekindergarten, kindergarten, elementary
30 school, middle school, junior high school, high school, or
31 secondary school, or any combination of grades prekindergarten
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1 through grade 12, together with the school district land on
2 which the buildings are located. The term does not include:
3 1. Any other facility or location where school classes
4 or activities may be located or take place;
5 2. The buildings and grounds of any public
6 prekindergarten, kindergarten, elementary school, middle
7 school, junior high school, high school, or secondary school,
8 or contiguous school district land, during any time period in
9 which students are not permitted access; or
10 3. Any building described in this paragraph during any
11 period in which it is used solely as a career or technical
12 center under part IV of chapter 1004 for postsecondary and
13 adult education.
14 (2)(a) A fingerprint-based criminal history check
15 shall be performed on the noninstructional contractors who are
16 permitted access to school grounds when students are present
17 and who do not have direct contact with students. Criminal
18 history checks shall be performed at least once every 3 years.
19 For the initial criminal history check, each noninstructional
20 contractor who is subject to the criminal history check shall
21 file with the Department of Law Enforcement a complete set of
22 fingerprints taken by an authorized law enforcement agency or
23 an employee of a school district, a public school, or a
24 private company who is trained to take fingerprints. The
25 fingerprints shall be electronically submitted for state
26 processing to the Department of Law Enforcement, which shall
27 in turn submit the fingerprints to the Federal Bureau of
28 Investigation for national processing. The results of each
29 criminal history check shall be reported to the school
30 district in which the individual is seeking access and entered
31 into the shared system described in subsection (7). The school
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1 district shall screen the results using the disqualifying
2 offenses in paragraph (g). The cost of the criminal history
3 check may be borne by the district school board, the school,
4 or the contractor. A fee that is charged by a district school
5 board for such checks may not exceed 30 percent of the total
6 amount charged by the Department of Law Enforcement and the
7 Federal Bureau of Investigation.
8 (b) As authorized by law, the Department of Law
9 Enforcement shall retain the fingerprints submitted by the
10 school districts pursuant to this subsection to the Department
11 of Law Enforcement for a criminal history background screening
12 in a manner provided by rule and enter the fingerprints in the
13 statewide automated fingerprint identification system
14 authorized by s. 943.05(2)(b). The fingerprints shall
15 thereafter be available for all purposes and uses authorized
16 for arrest fingerprint cards entered into the statewide
17 automated fingerprint identification system under s. 943.051.
18 (c) As authorized by law, the Department of Law
19 Enforcement shall search all arrest fingerprint cards received
20 under s. 943.051 against the fingerprints retained in the
21 statewide automated fingerprint identification system under
22 paragraph (b).
23 (d) School districts may participate in the search
24 process described in this subsection by payment of an annual
25 fee to the Department of La Enforcement.
26 (e) A fingerprint retained pursuant to this subsection
27 shall be purged from the automated fingerprint identification
28 system 3 years from the date the fingerprint was initially
29 submitted. The Department of law enforcement shall set the
30 amount of the annual fee to be imposed upon each participating
31 agency for performing these searches and establishing the
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1 procedures for the retention of fingerprints and the
2 dissemination of search results. The fee may be borne as
3 provided by law. Fees may be waived or reduced by the
4 executive director of the Department of Law Enforcement for
5 good cause shown.
6 (f) A noninstructional contractor who is subject to a
7 criminal history check under this section shall inform a
8 school district that he or she has completed a criminal
9 history check in another school district within the last 3
10 years. The school district shall verify the results of the
11 contractor's criminal history check using the shared system
12 described in subsection (7). The school district shall not
13 charge the contractor a fee for verifying the results of his
14 or her criminal history check.
15 (g) A noninstructional contractor for whom a criminal
16 history check is required under this section may not have been
17 convicted of any of the following offenses designated in the
18 Florida Statutes, any similar offense in another jurisdiction,
19 or any similar offense committed in this state that has been
20 redesignated from a former provision of the Florida Statutes
21 to one of the following offenses:
22 1. Any offense listed in s. 943.0435(1)(a)1., relating
23 to the registration of an individual as a sexual offender.
24 2. Section 393.135, relating to sexual misconduct with
25 certain developmentally disabled clients and the reporting of
26 such sexual misconduct.
27 3. Section 394.4593, relating to sexual misconduct
28 with certain mental health patients and the reporting of such
29 sexual misconduct.
30 4. Section 775.30, relating to terrorism.
31 5. Section 782.04, relating to murder.
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1 6. Section 787.01, relating to kidnapping.
2 7. Any offense under chapter 800, relating to lewdness
3 and indecent exposure.
4 8. Section 826.04, relating to incest.
5 9. Section 827.03, relating to child abuse, aggravated
6 child abuse, or neglect of a child.
7 (3) If it is found that a noninstructional contractor
8 has been convicted of any of the offenses listed in paragraph
9 (g), the individual shall be immediately suspended from having
10 access to school grounds and shall remain suspended unless and
11 until the conviction has been set aside in any postconviction
12 proceeding.
13 (4) A noninstructional contractor who has been
14 convicted of any of the offenses listed in paragraph (2)(g)
15 may not be permitted on school grounds when students are
16 present, unless the contractor has received a full pardon or
17 has had his or her civil rights restored.
18 (5) If a school district has reasonable cause to
19 believe that grounds exist for the denial of a contractor's
20 access to school grounds when students are present, it shall
21 notify the contractor in writing, stating the specific record
22 that indicates noncompliance with the standards set forth in
23 this section. It is the responsibility of the affected
24 contractor to contest his or her denial. The only basis for
25 contesting the denial is proof of mistaken identity.
26 (6) Each contractor who is subject to the requirements
27 of this section shall agree to inform his or her employer or
28 the party to whom he or she is under contract and the school
29 district within 48 hours if he or she is arrested for any of
30 the disqualifying offenses in paragraph (2)(g). A contractor
31 who willfully fails to comply with this subsection commits a
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1 misdemeanor of the first degree, punishable as provided in s.
2 775.082 or s. 775.083.
3 (7)(a) The Department of Law Enforcement shall
4 implement a system that allows for the results of a criminal
5 history check provided to a school district to be shared with
6 other school districts through a secure Internet website or
7 other secure electronic means. The Department of Law
8 Enforcement may adopt rules under ss. 120.536(1) and 120.54 to
9 implement this provision.
10 (b) An employee of a school district, a charter
11 school, a lab school, a charter lab school, or the Florida
12 School for the Deaf and the Blind who requests or shares
13 criminal history information under this section is immune from
14 civil or criminal liability for any good-faith conduct that
15 occurs during the performance of and within the scope of
16 responsibilities related to the record check.
17 Section 8. Section 1012.468, Florida Statutes, is
18 created to read:
19 1012.468 Exceptions to certain fingerprinting and
20 criminal history checks.--
21 (1) As used in this section, the term
22 "noninstructional contractor" means any vendor, individual, or
23 entity under contract with a school or with the school board
24 who receives remuneration for services performed for the
25 school district or a school, but who is not otherwise
26 considered an employee of the school district. The term also
27 includes any employee of a contractor who performs services
28 for the school district or school under the contract and any
29 subcontractor and its employees.
30 (2) A district school board shall exempt from the
31 screening requirements set forth in ss. 1012.465 and 1012.467
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1 the following noninstructional contractors:
2 (a)1. Noninstructional contractors who are under the
3 direct supervision of a school district employee or contractor
4 who has had a criminal history check and meets the screening
5 requirements under s. 1012.32, s. 1012.465, s. 1012.467, or s.
6 1012.56. For purposes of this paragraph, the term "direct
7 supervision" means that a school district employee or
8 contractor is physically present with a noninstructional
9 contractor when the contractor has access to a student and the
10 access remains in the school district employee's or the
11 contractor's line of sight.
12 2. If a noninstructional contractor who is exempt
13 under this subsection no longer is under direct supervision as
14 specified in subparagraph 1., the contractor is not permitted
15 on school grounds when students are present until the
16 contractor meets the screening requirements in s. 1012.465 or
17 s. 1012.467.
18 (b) Noninstructional contractors who are required by
19 law to undergo a level 2 background screening pursuant to s.
20 435.04 for licensure, certification, employment, or other
21 purposes and who submit evidence of meeting the following
22 criteria:
23 1. The contractor meets the screening standards in s.
24 435.04;
25 2. The contractor's license or certificate is active
26 and in good standing, if the contractor is a licensee or
27 certificateholder; and
28 3. The contractor completed the criminal history check
29 within the 5 years prior to seeking access to school grounds
30 when students are present.
31 (c) A law enforcement officer, as defined in s.
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1 943.10, who is assigned or dispatched to school grounds by his
2 or her employer.
3 (d) A noninstructional contractor who remains at a
4 separate and secure site that has perimeter fencing on school
5 grounds.
6 (3)(a) A noninstructional contractor who is exempt
7 under this section from the screening requirements set forth
8 in s. 1012.465 or s. 1012.467 is subject to a search of his or
9 her name or other identifying information against the
10 registration information regarding sexual predators and sexual
11 offenders maintained by the Department of Law Enforcement
12 under s. 943.043 and the national sex offender public registry
13 maintained by the United States Department of Justice. The
14 school district shall conduct the search required under this
15 subsection.
16 (b) A noninstructional contractor who is identified as
17 a sexual predator or sexual offender in the registry search
18 required in paragraph (a) is not permitted on school grounds
19 when students are present.
20 (4) A school district may not subject a contractor who
21 meets the requirements in subsection (2) to an additional
22 criminal history check. Upon submission of evidence and
23 verification by the school district, the school district must
24 accept the results of the criminal history check for the
25 contractor.
26 Section 9. Section 1012.321, Florida Statutes, is
27 created to read:
28 1012.321 Exceptions for certain instructional
29 personnel from background screening
30 requirements.--Instructional personnel who are required to
31 undergo level 2 background screening under s. 393.0655 or s.
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1 402.305 and who meet the level 2 screening standards in s.
2 435.04 are not required to be rescreened in order to satisfy
3 the screening requirements in s. 1012.32 if the instructional
4 personnel:
5 (1) Have completed the criminal history check within 5
6 years prior to having direct contact with students;
7 (2) Are rescreened every 5 years and meet the level 2
8 screening standards; and
9 (3) Have their prints retained by the Department of
10 Law Enforcement.
11 Section 10. Except as otherwise expressly provided in
12 this act, this act shall take effect July 1, 2006.
13
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15 ================ T I T L E A M E N D M E N T ===============
16 And the title is amended as follows:
17 Delete everything before the enacting clause,
18
19 and insert:
20 A bill to be entitled
21 An act relating to high-risk offenders;
22 amending s. 322.141, F.S.; requiring
23 distinctive markings for driver's licenses and
24 identification cards issued to persons who are
25 designated as sexual predators or subject to
26 registration as sexual offenders; amending s.
27 322.212, F.S.; prohibiting the alteration of
28 sexual predator or sexual offender markings on
29 driver's licenses or identification cards, for
30 which there are criminal penalties; amending s.
31 775.21, F.S.; requiring sexual predators to
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1 obtain a distinctive driver's license or
2 identification card; amending s. 943.0435,
3 F.S.; requiring sexual offenders to obtain a
4 distinctive driver's license or identification
5 card; amending s. 944.607, F.S.; requiring
6 specified offenders who are under the
7 supervision of the Department of Corrections
8 but are not incarcerated to obtain a
9 distinctive driver's license or identification
10 card; amending s. 1012.465, F.S.; amending
11 background screening requirements for certain
12 noninstructional school district employees and
13 contractors; adding noninstructional
14 contractors to those who must meet the
15 screening requirements; defining the terms
16 "noninstructional contractor," "convicted," and
17 "school grounds"; creating s. 1012.467, F.S.;
18 providing for the submission of fingerprints;
19 requiring school districts to screen results of
20 criminal records checks; requiring the cost of
21 background screening requirements to be borne
22 by certain parties; providing a cap on fees
23 that may be charged; authorizing the retention
24 of fingerprints; providing a list of violations
25 that such persons must not have committed if
26 they are to satisfy the screening requirements;
27 providing sanctions for failure to meet
28 requirements; providing grounds for contesting
29 denial of access to school grounds; providing
30 reporting requirements; providing that the
31 failure to meet requirements is a misdemeanor
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1 of the first degree; allowing certain
2 educational entities to share information
3 derived from checks of criminal history
4 records; authorizing the Department of Law
5 Enforcement to adopt rules; providing immunity
6 from civil or criminal liability; creating s.
7 1012.468, F.S.; specifying exemptions for
8 contractors; providing criteria and conditions;
9 providing that exempted contractors are subject
10 to a search of certain databases that list
11 sexual predators and sexual offenders;
12 providing consequences of a failure to meet the
13 screening requirements; prohibiting school
14 districts from conducting additional criminal
15 history checks; creating s. 1012.321, F.S.;
16 creating an exception for certain instructional
17 personnel; providing criteria; providing
18 effective dates.
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