Florida Senate - 2022                                    SB 1386
       
       
        
       By Senator Diaz
       
       
       
       
       
       36-01581-22                                           20221386__
    1                        A bill to be entitled                      
    2         An act relating to background screenings for school
    3         personnel; amending s. 1012.32, F.S.; requiring each
    4         employing entity that employs instructional and
    5         noninstructional personnel who have direct contact
    6         with students to submit certain individuals’
    7         fingerprints to the Department of Law Enforcement;
    8         conforming provisions to changes made by the act;
    9         providing that an employing entity has the sole
   10         authority for determining the employment eligibility
   11         of certain personnel; providing an exception;
   12         requiring the Department of Law Enforcement to report
   13         the results from background screenings to the
   14         employing entity; defining the term “employing
   15         entity”; providing an effective date.
   16          
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. Subsection (2) and paragraph (b) of subsection
   20  (3) of section 1012.32, Florida Statutes, are amended, and
   21  subsection (4) is added to that section, to read:
   22         1012.32 Qualifications of personnel.—
   23         (2)(a) Instructional and noninstructional personnel who are
   24  hired or contracted to fill positions that require direct
   25  contact with students in any district school system or
   26  university lab school must, upon employment or engagement to
   27  provide services, undergo background screening as required under
   28  s. 1012.465 or s. 1012.56, whichever is applicable.
   29         (b)1. Instructional and noninstructional personnel who are
   30  hired or contracted to fill positions in a charter school other
   31  than a school of hope as defined in s. 1002.333, and members of
   32  the governing board of such charter school, in compliance with
   33  s. 1002.33(12)(g), upon employment, engagement of services, or
   34  appointment, shall undergo background screening as required
   35  under s. 1012.465 or s. 1012.56, whichever is applicable, by
   36  filing with the employing entity district school board for the
   37  school district in which the charter school is located a
   38  complete set of fingerprints taken by an authorized law
   39  enforcement agency or an employee of the school or school
   40  district who is trained to take fingerprints.
   41         2. Instructional and noninstructional personnel who are
   42  hired or contracted to fill positions in a school of hope as
   43  defined in s. 1002.333, and members of the governing board of
   44  such school of hope, shall file with the school of hope a
   45  complete set of fingerprints taken by an authorized law
   46  enforcement agency, by an employee of the school of hope or
   47  school district who is trained to take fingerprints, or by any
   48  other entity recognized by the Department of Law Enforcement to
   49  take fingerprints.
   50         (c) Instructional and noninstructional personnel who are
   51  hired or contracted to fill positions that require direct
   52  contact with students in an alternative school that operates
   53  under contract with a district school system must, upon
   54  employment or engagement to provide services, undergo background
   55  screening as required under s. 1012.465 or s. 1012.56, whichever
   56  is applicable, by filing with the alternative school district
   57  school board for the school district to which the alternative
   58  school is under contract a complete set of fingerprints taken by
   59  an authorized law enforcement agency or an employee of the
   60  school or school district who is trained to take fingerprints.
   61         (d) Student teachers and persons participating in a field
   62  experience pursuant to s. 1004.04(5) or s. 1004.85 in any
   63  district school system, lab school, or charter school must, upon
   64  engagement to provide services, undergo background screening as
   65  required under s. 1012.56.
   66  
   67  Required fingerprints must be submitted to the Department of Law
   68  Enforcement for statewide criminal and juvenile records checks
   69  and to the Federal Bureau of Investigation for federal criminal
   70  records checks. A person subject to this subsection who is found
   71  ineligible for employment under s. 1012.315, or otherwise found
   72  through background screening to have been convicted of any crime
   73  involving moral turpitude as defined by rule of the State Board
   74  of Education, may shall not be employed, engaged to provide
   75  services, or serve in any position that requires direct contact
   76  with students. Probationary persons subject to this subsection
   77  who are terminated because of their criminal record have the
   78  right to appeal such decisions. Except for a person’s
   79  ineligibility for employment as provided in this section, an
   80  employing entity has the sole authority for determining a
   81  person’s employment eligibility. The cost of the background
   82  screening may be borne by the employing entity district school
   83  board, the charter school, the employee, the contractor, or a
   84  person subject to this subsection. A district school board shall
   85  reimburse a charter school the cost of background screening if
   86  it does not notify the charter school of the eligibility of a
   87  governing board member or instructional or noninstructional
   88  personnel within the earlier of 14 days after receipt of the
   89  background screening results from the Florida Department of Law
   90  Enforcement or 30 days of submission of fingerprints by the
   91  governing board member or instructional or noninstructional
   92  personnel.
   93         (3)
   94         (b) The Department of Law Enforcement shall search all
   95  arrest fingerprints received under s. 943.051 against the
   96  fingerprints retained in the statewide automated biometric
   97  identification system under paragraph (a). Any arrest record
   98  that is identified with the retained fingerprints of a person
   99  subject to the background screening under this section must
  100  shall be reported to the employing entity or contracting school
  101  district or the school district with which the person is
  102  affiliated. Each employing entity school district is required to
  103  participate in this search process by payment of an annual fee
  104  to the Department of Law Enforcement and by informing the
  105  Department of Law Enforcement of any change in the affiliation,
  106  employment, or contractual status or place of affiliation,
  107  employment, or contracting of its instructional and
  108  noninstructional personnel whose fingerprints are retained under
  109  paragraph (a). The Department of Law Enforcement shall adopt a
  110  rule setting the amount of the annual fee to be imposed upon
  111  each employing entity school district for performing these
  112  searches and establishing the procedures for the retention of
  113  instructional and noninstructional personnel fingerprints and
  114  the dissemination of search results. The fee may be borne by the
  115  employing entity district school board, the contractor, or the
  116  person fingerprinted.
  117         (4)For purposes of this section, the term “employing
  118  entity” means a district school board, charter school,
  119  alternative school, or any other entity that requires employees
  120  to complete a background screening pursuant to this section.
  121         Section 2. This act shall take effect July 1, 2022.