Senate Bill sb1854e1
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CS for SB 1854 First Engrossed
1 A bill to be entitled
2 An act relating to school personnel; creating
3 s. 1012.47, F.S.; requiring certain personnel
4 in an alternative school that operates under
5 contract with a district school system to file
6 a set of fingerprints; requiring personnel to
7 be subject to state and federal rules and
8 regulations; amending s. 1012.32, F.S.;
9 requiring both instructional and
10 noninstructional personnel of charter schools
11 to file fingerprints with the school board of
12 the district within which the charter school is
13 located; providing that contractors have the
14 same probationary status as employees;
15 providing duties of the Department of Law
16 Enforcement with respect to retention and
17 search of fingerprint records submitted on
18 behalf of school employees and contractors;
19 providing duties of school districts and
20 charter schools; providing for fees; providing
21 an effective date.
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23 Be It Enacted by the Legislature of the State of Florida:
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25 Section 1. Section 1012.47, Florida Statutes, is
26 created to read:
27 1012.47 Employment of alternative school
28 personnel.--All instructional and noninstructional personnel
29 who are hired to fill positions requiring direct contact with
30 students in an alternative school that operates under contract
31 with a district school system shall, upon employment and
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CS for SB 1854 First Engrossed
1 according to conditions of the contract, file a complete set
2 of fingerprints as required in s. 1012.32. Such personnel
3 shall be subject to state and federal rules and regulations
4 that govern public school personnel.
5 Section 2. Subsection (2) of section 1012.32, Florida
6 Statutes, is amended to read:
7 1012.32 Qualifications of personnel.--
8 (2)(a) Instructional and noninstructional personnel
9 who are hired to fill positions requiring direct contact with
10 students in any district school system or university lab
11 school shall, upon employment, file a complete set of
12 fingerprints taken by an authorized law enforcement officer or
13 an employee of the school or district who is trained to take
14 fingerprints. Instructional and noninstructional personnel who
15 are hired or contracted to fill positions in any charter
16 school and members of the governing board of any charter
17 school, in compliance with s. 1002.33(12)(g), shall, upon
18 employment, engagement of services, or appointment, file with
19 the district school board for the district in which the
20 charter school is located a complete set of fingerprints taken
21 by an authorized law enforcement officer or an employee of the
22 school or district who is trained to take fingerprints. These
23 fingerprints shall be submitted to the Department of Law
24 Enforcement for state processing and to the Federal Bureau of
25 Investigation for federal processing. The new employees or
26 contractors shall be on probationary status pending
27 fingerprint processing and determination of compliance with
28 standards of good moral character. Employees or contractors
29 found through fingerprint processing to have been convicted of
30 a crime involving moral turpitude shall not be employed or
31 engaged to provide services in any position requiring direct
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1 contact with students. Probationary employees or contractors
2 terminated because of their criminal record shall have the
3 right to appeal such decisions. The cost of the fingerprint
4 processing may be borne by the district school board, the
5 charter school, or the employee, or the contractor.
6 (b) Personnel who have been fingerprinted or screened
7 pursuant to this subsection and who have not been unemployed
8 or unengaged to provide services in a public or charter school
9 for more than 90 days shall not be required to be
10 refingerprinted or rescreened in order to comply with the
11 requirements of this subsection.
12 (c) Beginning July 1, 2003, all fingerprints submitted
13 to the Department of Law Enforcement as required by paragraph
14 (a), shall be retained by the Department of Law Enforcement
15 and entered in the statewide automated fingerprint
16 identification system authorized by s. 943.05(2)(b). Such
17 fingerprints shall thereafter be available for all purposes
18 and uses authorized for arrest fingerprint cards entered in
19 the statewide automated fingerprint identification system
20 pursuant to s. 943.051.
21 Section 3. This act shall take effect July 1, 2003.
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