CODING: Words stricken are deletions; words underlined are additions.
SENATE AMENDMENT
Bill No. SB 2186
Amendment No.
CHAMBER ACTION
Senate House
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11 Senator Silver moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On page 0, delete everything after the enacting clause
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16 and insert:
17 Section 1. It is the intent of the Legislature to
18 provide a means by which the state may develop a coordinated
19 united plan to implement the National Child Protection Act,
20 Pub. L. No. 103-209, as amended by Pub. L. No. 103-322, or as
21 otherwise amended. Toward that end, the Legislature intends to
22 authorize the Division of Criminal Justice Information Systems
23 of the Florida Department of Law Enforcement to establish
24 procedures for providing criminal history background checks on
25 volunteers and employees of organizations subject to the act,
26 consistent with federal law, regulations, and guidelines.
27 Section 2. Section 943.083, Florida Statutes, is
28 created to read:
29 943.083 Criminal history background checks on
30 volunteers and employees subject to National Child Protection
31 Act.--
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SENATE AMENDMENT
Bill No. SB 2186
Amendment No.
1 (1) Notwithstanding any other provision of law
2 requiring preemployment background screening, a religious,
3 charitable, scientific, educational, athletic, or service
4 institution or organization or local governmental entity which
5 provides care, treatment, education, training, instruction,
6 supervision, or recreation to children, elderly persons, or
7 individuals with disabilities may require any person, who
8 applies to work with or have unsupervised access to such
9 children, elderly persons, or individuals with disabilities,
10 as a volunteer or as a paid employee, to do one or more of the
11 following:
12 (a) Agree to the release of all investigative records,
13 including a statewide criminal records correspondence check
14 through the Department of Law Enforcement, to such religious,
15 charitable, scientific, educational, athletic, or service
16 institution or organization or local governmental entity for
17 the purpose of verifying the accuracy of information contained
18 on an application to work for such institution or organization
19 or local governmental entity;
20 (b) Provide a complete set of fingerprints and such
21 other information in a manner approved by the Florida
22 Department of Law Enforcement as is necessary for processing a
23 criminal history record check by the Florida Department of Law
24 Enforcement and the Federal Bureau of Investigation and agree
25 to allow the Florida Department of Law Enforcement to use the
26 information available to verify on behalf of the religious,
27 charitable, scientific, educational, athletic, or service
28 institution or organization or local governmental entity
29 whether the individual appears to have provided substantially
30 accurate and complete information concerning the existence, if
31 any, of prior criminal arrests or convictions; or
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SENATE AMENDMENT
Bill No. SB 2186
Amendment No.
1 (c) Attend a comprehensive training program for the
2 protection of children, elderly persons, or individuals with
3 disabilities which includes training on recognition,
4 disclosure, reporting, and prevention of abuse, and provide
5 necessary information for character, employment, education,
6 and reference checks.
7 (2) When a records check is requested by a charitable
8 or not-for-profit organization that demonstrates that it is
9 eligible to have one conducted under the provisions of this
10 section, fees shall be at the rates established by the Florida
11 Department of Law Enforcement and the Federal Bureau of
12 Investigation in accordance with the National Child Protection
13 Act; provided that the Florida Department of Law Enforcement's
14 fee for charitable or not-for-profit organizations shall be no
15 more than its lowest published rate for records checks of any
16 type.
17 (3) Pursuant to s. 216.262, the Florida Department of
18 Law Enforcement is granted authority to establish positions in
19 excess of the total authorized positions upon submission of a
20 proper request to the Administration Commission. These
21 positions shall be established with funding from the
22 department's Law Enforcement Operating Trust Fund and shall be
23 used to process the increased workload of conducting the
24 criminal history records checks authorized under this section.
25 These positions will be earmarked by the department, and, at
26 such time as they are no longer needed, may be placed in a
27 reserve status for future use.
28 Section 3. This act shall take effect October 1, 1997.
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SENATE AMENDMENT
Bill No. SB 2186
Amendment No.
1 ================ T I T L E A M E N D M E N T ===============
2 And the title is amended as follows:
3 Delete everything before the enacting clause
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5 and insert:
6 A bill to be entitled
7 An act relating to criminal history background
8 checks; providing legislative intent; creating
9 s. 943.083, F.S.; providing that certain
10 religious, charitable, scientific, educational,
11 athletic, or service institutions or
12 organizations or local governmental entities
13 with volunteers or employees or applicants for
14 employment working with, or having regular
15 unsupervised access to, children, elderly
16 persons, or individuals with disabilities may
17 make certain requirements upon such volunteers,
18 employees, or applicants; providing that the
19 volunteer, employee, or applicant may be
20 required to agree to the release of
21 investigative records, provide fingerprints and
22 other information necessary for criminal
23 history records checks by the Florida
24 Department of Law Enforcement and Federal
25 Bureau of Investigation, agree to notification
26 by the department to the institution or
27 organization or local governmental entity
28 regarding certain previous convictions, under
29 specified circumstances, or attend a training
30 program; providing for fees for requested
31 records checks; authorizing additional
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SENATE AMENDMENT
Bill No. SB 2186
Amendment No.
1 positions within the department in excess of
2 the total number of authorized positions
3 provided in the appropriation acts; providing
4 for funding from the Law Enforcement Operating
5 Trust Fund; providing an effective date.
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