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House Bill 0335c1

Florida House of Representatives - 1997 CS/HB 335 By the Committee on Governmental Operations and 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 or local governmental entities 8 with volunteers or employees or applicants for 9 employment working with, or having regular 10 unsupervised access to, children, elderly 11 persons, or individuals with disabilities may 12 make certain requirements upon such volunteers, 13 employees, or applicants; providing that the 14 volunteer, employee, or applicant be required 15 to agree to the release of investigative 16 records, provide fingerprints and other 17 information necessary for criminal history 18 records checks by the Florida Department of Law 19 Enforcement and Federal Bureau of 20 Investigation, agree to notification by the 21 department to the institution or organization 22 or local governmental entity regarding certain 23 previous convictions, under specified 24 circumstances, and attend a training program; 25 providing for fees for requested records 26 checks; permitting parents or guardians to 27 submit written request for such state and 28 national criminal history records checks, under 29 specified circumstances; providing for payment 30 by the parent or legal guardian for the 31 requested records checks; authorizing 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 335 192-934-97 1 additional positions within the department in 2 excess of the total number of authorized 3 positions provided in the appropriation acts; 4 providing for funding from the Law Enforcement 5 Operating Trust Fund; providing an effective 6 date. 7 8 Be It Enacted by the Legislature of the State of Florida: 9 10 Section 1. It is the intent of the Legislature to 11 provide a means by which the state may develop a coordinated 12 united plan to implement the National Child Protection Act, 13 Pub. L. No. 103-209, as amended by Pub. L. No. 103-322, or as 14 otherwise amended. Toward that end, the Legislature intends to 15 authorize the Division of Criminal Justice Information Systems 16 of the Florida Department of Law Enforcement to establish 17 procedures for providing criminal history background checks on 18 volunteers and employees of organizations subject to the act, 19 consistent with federal law, regulations, and guidelines. 20 Section 2. Section 943.083, Florida Statutes, is 21 created to read: 22 943.083 Criminal history background checks on 23 volunteers and employees subject to National Child Protection 24 Act.-- 25 (1) Notwithstanding any other provision of law 26 requiring preemployment background screening, a religious, 27 charitable, scientific, educational, athletic, or service 28 institution or organization or local governmental entity which 29 provides care, treatment, education, training, instruction, 30 supervision, or recreation to children, elderly persons, or 31 individuals with disabilities may require any person, who 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 335 192-934-97 1 applies to work with or have unsupervised access to such 2 children, elderly persons, or individuals with disabilities, 3 as a volunteer or as a paid employee, to do one or more of the 4 following: 5 (a) Agree to the release of all investigative records, 6 including a statewide criminal records correspondence check 7 through the Department of Law Enforcement, to such religious, 8 charitable, scientific, educational, athletic, or service 9 institution or organization or local governmental entity for 10 the purpose of verifying the accuracy of information contained 11 on an application to work for such institution or organization 12 or local governmental entity; 13 (b) Provide a complete set of fingerprints and such 14 other information as is necessary for the processing of a 15 criminal history records check by the Florida Department of 16 Law Enforcement and the Federal Bureau of Investigation, and 17 agree to allow the Florida Department of Law Enforcement to 18 notify the religious, charitable, scientific, educational, 19 athletic, or service institution or organization or local 20 governmental entity if the individual has been convicted of a 21 felony or misdemeanor offense under any of the following laws 22 or comparable laws of other states: stalking as defined in s. 23 784.048, prostitution as defined in s. 796.07, unnatural or 24 lascivious act as defined in s. 800.02, exposure of sexual 25 organs as defined in s. 800.03, child abuse as defined in 26 former s. 827.04, child abuse, aggravated child abuse, or 27 neglect of a child as defined in s. 827.03 or former s. 28 827.05, contributing to the delinquency or dependency of a 29 child as defined in s. 827.04, sale or possession of obscene 30 material as defined in s. 847.011, violation of a domestic 31 violence injunction as provided for in s. 741.30, or violation 3 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 335 192-934-97 1 of a repeat violence injunction as provided for in s. 784.047; 2 or 3 (c) Attend a comprehensive training program for the 4 protection of children, elderly persons, or individuals with 5 disabilities which includes training on recognition, 6 disclosure, reporting, and prevention of abuse, and provide 7 necessary information for character, employment, education, 8 and reference checks. 9 (2)(a) A parent or legal guardian shall submit in 10 writing to the religious, charitable, scientific, educational, 11 athletic, or service institution or organization or local 12 governmental entity a request that an employee or volunteer 13 who works with or has unsupervised access to that parent's or 14 legal guardian's child have a state and national criminal 15 history records check, as provided in paragraph (1)(b). The 16 decision on whether to conduct such a records check shall be 17 made by the institution or organization or local governmental 18 entity. 19 (b) Should the institution or organization or local 20 governmental entity decide to conduct the records check, the 21 requesting parent or legal guardian shall pay all expenses 22 related to this records check. 23 (c) If a request is submitted for a records check for 24 an employee or volunteer on whom a records check already has 25 been performed within the preceding 36 months, those existing 26 records check results shall be deemed sufficient for purposes 27 of this act. 28 (3) When a records check is requested by a charitable 29 or not-for-profit organization that demonstrates that it is 30 eligible to have one conducted under the provisions of this 31 section, fees shall be at the rates established by the Florida 4 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 335 192-934-97 1 Department of Law Enforcement and the Federal Bureau of 2 Investigation in accordance with the National Child Protection 3 Act. 4 (4) Pursuant to s. 216.262, the Florida Department of 5 Law Enforcement is granted authority to establish positions in 6 excess of the total authorized positions upon submission of a 7 proper request to the Administration Commission. These 8 positions shall be established with funding from the 9 department's Law Enforcement Operating Trust Fund and shall be 10 used to process the increased workload of conducting the 11 criminal history records checks authorized under this section. 12 These positions will be earmarked by the department, and, at 13 such time as they are no longer needed, may be placed in a 14 reserve status for future use. 15 Section 3. This act shall take effect October 1, 1997. 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 5