CODING: Words stricken are deletions; words underlined are additions.Senate Bill 0584
Florida Senate - 1998 SB 584
By Senator Silver
38-398-98
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 may be
15 required to agree to the release of
16 investigative records, provide fingerprints and
17 other information necessary for criminal
18 history records checks by the 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, or attend a training program;
25 providing for fees for requested records
26 checks; authorizing additional positions within
27 the department in excess of the total number of
28 authorized positions provided in the
29 appropriation acts; providing for funding from
30 the Law Enforcement Operating Trust Fund;
31 providing an effective date.
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Florida Senate - 1998 SB 584
38-398-98
1 Be It Enacted by the Legislature of the State of Florida:
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3 Section 1. It is the intent of the Legislature to
4 provide a means by which the state may develop a coordinated,
5 united plan to implement the National Child Protection Act,
6 Pub. L. No. 103-209, as amended by Pub. L. No. 103-322, or as
7 otherwise amended. Toward that end, the Legislature intends to
8 authorize the Division of Criminal Justice Information Systems
9 of the Florida Department of Law Enforcement to establish
10 procedures for providing criminal history background checks on
11 volunteers and employees of organizations subject to the act,
12 consistent with federal law, regulations, and guidelines.
13 Section 2. Section 943.083, Florida Statutes, is
14 created to read:
15 943.083 Criminal history background checks on
16 volunteers and employees subject to National Child Protection
17 Act.--
18 (1) Notwithstanding any other provision of law
19 requiring preemployment background screening, a religious,
20 charitable, scientific, educational, athletic, or service
21 institution or organization or local governmental entity that
22 provides care, treatment, education, training, instruction,
23 supervision, or recreation to children, elderly persons, or
24 individuals with disabilities may require any person who works
25 with or applies to work with or have unsupervised access to
26 such children, elderly persons, or individuals with
27 disabilities, as a volunteer or as a paid employee, to do one
28 or more of the following:
29 (a) Agree to the release of all investigative records,
30 including a statewide criminal records correspondence check
31 through the Department of Law Enforcement, to such religious,
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Florida Senate - 1998 SB 584
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1 charitable, scientific, educational, athletic, or service
2 institution or organization or local governmental entity for
3 the purpose of verifying the accuracy of information contained
4 on an application to work for such institution or organization
5 or local governmental entity.
6 (b) Provide a complete set of fingerprints and such
7 other information in a manner approved by the Department of
8 Law Enforcement as is necessary for processing a criminal
9 history record check by the Department of Law Enforcement and
10 the Federal Bureau of Investigation and agree to allow the
11 Department of Law Enforcement to use the information available
12 to verify on behalf of the religious, charitable, scientific,
13 educational, athletic, or service institution or organization
14 or local governmental entity whether the individual appears to
15 have provided substantially accurate and complete information
16 concerning the existence, if any, of prior criminal arrests or
17 convictions.
18 (c) Attend a comprehensive training program for the
19 protection of children, elderly persons, or individuals with
20 disabilities which includes training on recognition,
21 disclosure, reporting, and prevention of abuse, and provide
22 necessary information for character, employment, education,
23 and reference checks.
24 (2) When a records check is requested by a charitable
25 or not-for-profit organization that demonstrates that it is
26 eligible to have one conducted under the provisions of this
27 section, fees shall be at the rates established by the
28 Department of Law Enforcement and the Federal Bureau of
29 Investigation in accordance with the National Child Protection
30 Act.
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Florida Senate - 1998 SB 584
38-398-98
1 (3) Pursuant to s. 216.262, the Department of Law
2 Enforcement may establish positions in excess of the total
3 authorized positions upon submission of a proper request to
4 the Administration Commission. These positions shall be
5 established with funding from the department's Law Enforcement
6 Operating Trust Fund and shall be used to process the
7 increased workload of conducting the criminal history records
8 checks authorized under this section. These positions will be
9 earmarked by the department, and, at such time as they are no
10 longer needed, may be placed in a reserve status for future
11 use.
12 Section 3. This act shall take effect October 1, 1998.
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15 SENATE SUMMARY
16 Provides legislative intent to authorize the Division of
Criminal Justice Information Systems within the
17 Department of Law Enforcement to establish procedures for
providing criminal history background checks of
18 volunteers and employees of organizations subject to the
National Child Protection Act, as amended. Requires that
19 certain religious, charitable, scientific, educational,
athletic, or service institutions or organizations with
20 adult volunteers or employees or applicants for
employment working with, or having regular unsupervised
21 access to, children, elderly persons, or individuals with
disabilities require such volunteers, employees, or
22 applicants to provide fingerprints and other information
necessary for criminal history records checks by the
23 Department of Law Enforcement and the Federal Bureau of
Investigation and agree to the sharing of criminal
24 history records, under specified circumstances.
Authorizes the Department of Law Enforcement to establish
25 additional positions to conduct the criminal history
records checks.
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