HB 0685 2004
1	A bill to be entitled
2	An act relating to school district and charter school
3	employees and contractors; amending s. 1012.32, F.S.;
4	requiring both instructional and noninstructional
5	personnel of charter schools to file fingerprints with the
6	school board of the district within which the charter
7	school is located; providing that contractors have the
8	same probationary status as employees; providing duties of
9	the Department of Law Enforcement with respect to
10	retention of fingerprint records submitted on behalf of
11	school employees and contractors; providing for the
12	availability of such fingerprints; providing an effective
13	date.
14
15	Be It Enacted by the Legislature of the State of Florida:
16
17	Section 1. Subsection (2) of section 1012.32, Florida
18	Statutes, is amended to read:
19	1012.32 Qualifications of personnel.--
20	(2)(a) Instructional and noninstructional personnel who
21	are hired to fill positions requiring direct contact with
22	students in any district school system or university lab school
23	shall, upon employment, file a complete set of fingerprints
24	taken by an authorized law enforcement officer or an employee of
25	the school or district who is trained to take fingerprints.
26	Instructional and noninstructional personnel who are hired or
27	contracted to fill positions in any charter school and members
28	of the governing board of any charter school, in compliance with
29	s. 1002.33(12)(g), shall, upon employment, engagement of
30	services, or appointment, file with the district school board
31	for the district in which the charter school is located a
32	complete set of fingerprints taken by an authorized law
33	enforcement officer or an employee of the school or district who
34	is trained to take fingerprints.These fingerprints shall be
35	submitted to the Department of Law Enforcement for state
36	processing and to the Federal Bureau of Investigation for
37	federal processing. The new employees or contractorsshall be on
38	probationary status pending fingerprint processing and
39	determination of compliance with standards of good moral
40	character. Employees or contractorsfound through fingerprint
41	processing to have been convicted of a crime involving moral
42	turpitude shall not be employed or engaged to provide services
43	in any position requiring direct contact with students.
44	Probationary employees or contractorsterminated because of
45	their criminal record shall have the right to appeal such
46	decisions. The cost of the fingerprint processing may be borne
47	by the district school board, the charter school, orthe
48	employee, or the contractor.
49	(b) Personnel who have been fingerprinted or screened
50	pursuant to this subsection and who have not been unemployed or
51	unengaged to provide services in a public or charter schoolfor
52	more than 90 days shall not be required to be refingerprinted or
53	rescreened in order to comply with the requirements of this
54	subsection.
55	(c) Beginning July 1, 2004, all fingerprints submitted to
56	the Department of Law Enforcement as required by paragraph (a)
57	shall be retained by the Department of Law Enforcement and
58	entered in the statewide automated fingerprint identification
59	system authorized by s. 943.05(2)(b). Such fingerprints must
60	thereafter be available for all purposes and uses authorized for
61	arrest fingerprint cards entered in the statewide automated
62	fingerprint identification system pursuant to s. 943.051.
63	Section 2. This act shall take effect July 1, 2004.