1 | The Committee on Public Safety & Crime Prevention recommends the |
2 | following: |
3 |
|
4 | Committee Substitute |
5 | Remove the entire bill and insert: |
6 | A bill to be entitled |
7 | An act relating to water management district security; |
8 | creating s. 373.6055, F.S.; authorizing water management |
9 | districts to conduct criminal history checks of certain |
10 | persons with regular access to restricted access areas; |
11 | requiring such checks to be done according to a water |
12 | management district security plan; requiring checks to be |
13 | conducted at specified intervals; providing procedure for |
14 | filing fingerprints with the Department of Law Enforcement |
15 | and the Federal Bureau of Investigation; providing for |
16 | payment of costs of fingerprinting; requiring the water |
17 | management district security plan to list certain |
18 | convictions which will disqualify certain persons from |
19 | access to restricted access areas; providing that |
20 | procedures for appeals be included in the water management |
21 | district security plan; authorizing access to restricted |
22 | areas under certain circumstances by persons who have been |
23 | convicted of specified offenses; authorizing water |
24 | management districts to develop and implement security |
25 | plans; requiring governing board approval of such plans; |
26 | providing an effective date. |
27 |
|
28 | Be It Enacted by the Legislature of the State of Florida: |
29 |
|
30 | Section 1. Section 373.6055, Florida Statutes, is created |
31 | to read: |
32 | 373.6055 Criminal history checks for certain water |
33 | management district employees and others.-- |
34 | (1) A water management district is authorized to conduct a |
35 | fingerprint-based criminal history check for any current or |
36 | prospective employee and other persons designated pursuant to |
37 | the water management district security plan if those persons are |
38 | allowed regular access to critical facilities or structures |
39 | defined in the water management district security plan as |
40 | restricted access areas. |
41 | (2)(a) The fingerprint-based criminal history check shall |
42 | be performed on any person described in subsection (1) pursuant |
43 | to the applicable water management district security plan. The |
44 | criminal history check shall be performed at least once every 5 |
45 | years or at other more frequent intervals as provided by the |
46 | water management district security plan. Each person subject to |
47 | the criminal history check shall file a complete set of |
48 | fingerprints taken in a manner required by the Department of Law |
49 | Enforcement and the water management district security plan. |
50 | Fingerprints shall be submitted to the Department of Law |
51 | Enforcement for state processing and to the Federal Bureau of |
52 | Investigation for federal processing. The results of each |
53 | fingerprint-based check shall be reported to the requesting |
54 | water management district. The costs of the checks, consistent |
55 | with s. 943.053(3), shall be paid by the water management |
56 | district or other employing entity or by the person checked. |
57 | (b) Each water management district security plan shall |
58 | identify criminal convictions or other criminal history factors |
59 | consistent with paragraph (c) which shall disqualify a person |
60 | from either initial employment or authorization for regular |
61 | access to facilities or structures defined in the water |
62 | management district security plan as restricted access areas. |
63 | Such factors shall be used to disqualify all applicants for |
64 | employment or others seeking regular access to facilities or |
65 | structures defined in the water management district security |
66 | plan as restricted access areas on or after the effective date |
67 | of the water management district security plan, and may be used |
68 | to disqualify all those employed or authorized for regular |
69 | access on that date. Each water management district security |
70 | plan may establish a procedure to appeal a denial of employment |
71 | or access based upon procedural inaccuracies or discrepancies |
72 | regarding criminal history factors established pursuant to this |
73 | paragraph. A water management district may allow waivers on a |
74 | temporary basis to meet special or emergency needs of the water |
75 | management district or its users. Policies, procedures, and |
76 | criteria for implementation of this subsection shall be included |
77 | in the water management district security plan. |
78 | (c) In addition to other requirements for employment or |
79 | access established by any water management district pursuant to |
80 | its water management district security plan, each water |
81 | management district security plan shall provide that: |
82 | 1. Any person who has within the past 7 years been |
83 | convicted, regardless of whether adjudication was withheld, for |
84 | a forcible felony as defined in s. 776.08; an act of terrorism |
85 | as defined in s. 775.30; planting of a hoax bomb as provided in |
86 | s. 790.165; any violation involving the manufacture, possession, |
87 | sale, delivery, display, use, or attempted or threatened use of |
88 | a weapon of mass destruction or hoax weapon of mass destruction |
89 | as provided in s. 790.166; dealing in stolen property; burglary; |
90 | robbery; any felony violation of s. 812.014; any violation of s. |
91 | 790.07; any crime an element of which includes use or possession |
92 | of a firearm; any conviction for any similar offenses under the |
93 | laws of another jurisdiction; or conviction for conspiracy to |
94 | commit any of the listed offenses shall not be qualified for |
95 | initial employment within or regular access to facilities or |
96 | structures defined in the water management district security |
97 | plan as restricted access areas. |
98 | 2. Any person who has at any time been convicted for any |
99 | of the listed offenses shall not be qualified for initial |
100 | employment within or authorized regular access to facilities or |
101 | structures defined in the water management districts security |
102 | plan as restricted access areas unless, after release from |
103 | incarceration and any supervision imposed as a sentence, the |
104 | person remained free from a subsequent conviction, regardless of |
105 | whether adjudication was withheld, for any of the listed |
106 | offenses for a period of at least 7 years prior to the |
107 | employment or access date under consideration. |
108 | (3) Each water management district is authorized to |
109 | develop and implement a security plan to protect facilities and |
110 | structures under the jurisdiction of the water management |
111 | district and deemed critical to the public safety and security. |
112 | Water management district security plans must be reviewed and |
113 | approved by the applicable water management district governing |
114 | board. |
115 | Section 2. This act shall take effect upon becoming a law. |