CODING: Words stricken are deletions; words underlined are additions.House Bill 0335
Florida House of Representatives - 1997 HB 335
By Representative Rojas
1 A bill to be entitled
2 An act relating to criminal history background
3 checks; providing legislative intent; creating
4 s. 943.083, F.S.; providing that certain
5 religious, charitable, scientific, educational,
6 athletic, or service institutions or
7 organizations with adult volunteers or
8 employees or applicants for employment working
9 with, or having regular unsupervised access to,
10 children, elderly persons, or individuals with
11 disabilities require such volunteers,
12 employees, or applicants to provide
13 fingerprints and other information necessary
14 for criminal history records checks by the
15 Department of Law Enforcement and Federal
16 Bureau of Investigation and agree to the
17 sharing of criminal history records, under
18 specified circumstances; defining "unsupervised
19 access"; providing for fees, and reductions
20 thereof, for requested records checks;
21 providing an effective date.
22
23 Be It Enacted by the Legislature of the State of Florida:
24
25 Section 1. It is the intent of the Legislature to
26 provide means by which the state may develop a coordinated,
27 united plan to implement the National Child Protection Act,
28 Pub. L. No. 103-209, as amended by Pub. L. 103-322, or as
29 otherwise amended. Toward that end, the Legislature intends
30 to authorize the Division of Criminal Justice Information
31 Systems of the Florida Department of Law Enforcement to
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Florida House of Representatives - 1997 HB 335
218-179A-97
1 establish procedures for providing criminal history background
2 checks on volunteers and employees of organizations subject to
3 the act, consistent with federal law, regulations, and
4 guidelines.
5 Section 2. Section 943.083, Florida Statutes, is
6 created to read:
7 943.083 Criminal history background checks on
8 volunteers and employees subject to National Child Protection
9 Act, as amended.--
10 (1) Notwithstanding any other provision of law
11 requiring preemployment background screening, a religious,
12 charitable, scientific, educational, athletic, or service
13 institution or organization which provides care, treatment,
14 education, training, instruction, supervision, or recreation
15 to children, elderly persons, or individuals with disabilities
16 shall require any person over age 18 who currently works with
17 or applies to work with and have unsupervised access on a
18 regular basis to such persons as a volunteer or as a paid
19 employee to provide a complete set of fingerprints and such
20 other information as is necessary for the processing of a
21 criminal history record check by the Florida Department of Law
22 Enforcement and the Federal Bureau of Investigation, and agree
23 to the sharing of state, multistate, and federal criminal
24 history records, to the maximum extent provided by federal
25 law, with such institution or organization for the purpose of
26 verifying the accuracy of information contained on an
27 application to work for such institution or organization as
28 either a volunteer or paid employee.
29 (2) For the purposes of this section, "unsupervised
30 access" shall be deemed to exist when there is no other person
31 over age 18 present in the same room with a child, elderly
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CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 335
218-179A-97
1 person, or individual with disabilities or, if outdoors,
2 present within a 30-yard radius of the child, elderly person,
3 or individual with disabilities, and/or a relationship of
4 trust is attempted to be established with the child, elderly
5 person, or individual with disabilities.
6 (3) When a record check is requested, fees shall be at
7 the rates established by the Florida Department of Law
8 Enforcement and the Federal Bureau of Investigation in
9 accordance with the National Child Protection Act. However,
10 such fees shall be reduced for recognized charitable or
11 not-for-profit organizations.
12 Section 3. This act shall take effect October 1, 1997.
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15 HOUSE SUMMARY
16
Provides legislative intent to authorize the Division of
17 Criminal Justice Information Systems to establish
procedures for providing criminal history background
18 checks on volunteers and employees of organizations
subject to the National Child Protection Act, as amended.
19 Requires that certain religious, charitable, scientific,
educational, athletic, or service institutions or
20 organizations with adult volunteers or employees or
applicants for employment working with, or having regular
21 unsupervised access to, children, elderly persons, or
individuals with disabilities require such volunteers,
22 employees, or applicants to provide fingerprints and
other information necessary for criminal history records
23 checks by the Department of Law Enforcement and Federal
Bureau of Investigation and agree to the sharing of
24 criminal history records, under specified circumstances.
Defines "unsupervised access." Provides for fees, and
25 reductions thereof, for requested records checks.
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