HB 1185CS

CHAMBER ACTION




1The Committee on Public Safety & Crime Prevention recommends the
2following:
3
4     Committee Substitute
5     Remove the entire bill and insert:
6
A bill to be entitled
7An act relating to water management district security;
8creating s. 373.6055, F.S.; authorizing water management
9districts to conduct criminal history checks of certain
10persons with regular access to restricted access areas;
11requiring such checks to be done according to a water
12management district security plan; requiring checks to be
13conducted at specified intervals; providing procedure for
14filing fingerprints with the Department of Law Enforcement
15and the Federal Bureau of Investigation; providing for
16payment of costs of fingerprinting; requiring the water
17management district security plan to list certain
18convictions which will disqualify certain persons from
19access to restricted access areas; providing that
20procedures for appeals be included in the water management
21district security plan; authorizing access to restricted
22areas under certain circumstances by persons who have been
23convicted of specified offenses; authorizing water
24management districts to develop and implement security
25plans; requiring governing board approval of such plans;
26providing an effective date.
27
28Be It Enacted by the Legislature of the State of Florida:
29
30     Section 1.  Section 373.6055, Florida Statutes, is created
31to read:
32     373.6055  Criminal history checks for certain water
33management district employees and others.--
34     (1)  A water management district is authorized to conduct a
35fingerprint-based criminal history check for any current or
36prospective employee and other persons designated pursuant to
37the water management district security plan if those persons are
38allowed regular access to critical facilities or structures
39defined in the water management district security plan as
40restricted access areas.
41     (2)(a)  The fingerprint-based criminal history check shall
42be performed on any person described in subsection (1) pursuant
43to the applicable water management district security plan. The
44criminal history check shall be performed at least once every 5
45years or at other more frequent intervals as provided by the
46water management district security plan. Each person subject to
47the criminal history check shall file a complete set of
48fingerprints taken in a manner required by the Department of Law
49Enforcement and the water management district security plan.
50Fingerprints shall be submitted to the Department of Law
51Enforcement for state processing and to the Federal Bureau of
52Investigation for federal processing. The results of each
53fingerprint-based check shall be reported to the requesting
54water management district. The costs of the checks, consistent
55with s. 943.053(3), shall be paid by the water management
56district or other employing entity or by the person checked.
57     (b)  Each water management district security plan shall
58identify criminal convictions or other criminal history factors
59consistent with paragraph (c) which shall disqualify a person
60from either initial employment or authorization for regular
61access to facilities or structures defined in the water
62management district security plan as restricted access areas.
63Such factors shall be used to disqualify all applicants for
64employment or others seeking regular access to facilities or
65structures defined in the water management district security
66plan as restricted access areas on or after the effective date
67of the water management district security plan, and may be used
68to disqualify all those employed or authorized for regular
69access on that date. Each water management district security
70plan may establish a procedure to appeal a denial of employment
71or access based upon procedural inaccuracies or discrepancies
72regarding criminal history factors established pursuant to this
73paragraph. A water management district may allow waivers on a
74temporary basis to meet special or emergency needs of the water
75management district or its users. Policies, procedures, and
76criteria for implementation of this subsection shall be included
77in the water management district security plan.
78     (c)  In addition to other requirements for employment or
79access established by any water management district pursuant to
80its water management district security plan, each water
81management district security plan shall provide that:
82     1.  Any person who has within the past 7 years been
83convicted, regardless of whether adjudication was withheld, for
84a forcible felony as defined in s. 776.08; an act of terrorism
85as defined in s. 775.30; planting of a hoax bomb as provided in
86s. 790.165; any violation involving the manufacture, possession,
87sale, delivery, display, use, or attempted or threatened use of
88a weapon of mass destruction or hoax weapon of mass destruction
89as provided in s. 790.166; dealing in stolen property; burglary;
90robbery; any felony violation of s. 812.014; any violation of s.
91790.07; any crime an element of which includes use or possession
92of a firearm; any conviction for any similar offenses under the
93laws of another jurisdiction; or conviction for conspiracy to
94commit any of the listed offenses shall not be qualified for
95initial employment within or regular access to facilities or
96structures defined in the water management district security
97plan as restricted access areas.
98     2.  Any person who has at any time been convicted for any
99of the listed offenses shall not be qualified for initial
100employment within or authorized regular access to facilities or
101structures defined in the water management districts security
102plan as restricted access areas unless, after release from
103incarceration and any supervision imposed as a sentence, the
104person remained free from a subsequent conviction, regardless of
105whether adjudication was withheld, for any of the listed
106offenses for a period of at least 7 years prior to the
107employment or access date under consideration.
108     (3)  Each water management district is authorized to
109develop and implement a security plan to protect facilities and
110structures under the jurisdiction of the water management
111district and deemed critical to the public safety and security.
112Water management district security plans must be reviewed and
113approved by the applicable water management district governing
114board.
115     Section 2.  This act shall take effect upon becoming a law.


CODING: Words stricken are deletions; words underlined are additions.