| 1 | A bill to be entitled |
| 2 | An act relating to the Department of Juvenile Justice; |
| 3 | amending s. 985.407, F.S.; changing the level of |
| 4 | background screening required for certain department |
| 5 | employees from level 1 to level 2; providing for |
| 6 | electronic submission of fingerprint information; |
| 7 | providing for retention of fingerprint information; |
| 8 | providing for searches; providing for an annual fee; |
| 9 | providing for notice of changes in the employment or |
| 10 | contractual status of the personnel whose fingerprint |
| 11 | information is retained, as well as changes in place of |
| 12 | employment or place where contractual services are |
| 13 | provided by such personnel; providing an effective date. |
| 14 |
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| 15 | Be It Enacted by the Legislature of the State of Florida: |
| 16 |
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| 17 | Section 1. Subsection (4) of section 985.407, Florida |
| 18 | Statutes, is amended is added to read: |
| 19 | 985.407 Departmental contracting powers; personnel |
| 20 | standards and screening.-- |
| 21 | (4) The department shall require level 2 employment |
| 22 | screening pursuant to chapter 435, using the level 1 standards |
| 23 | for screening set forth in that chapter, for personnel employed |
| 24 | or contracted in delinquency facilities, services, and programs. |
| 25 | The department shall electronically submit fingerprints obtained |
| 26 | during the background screening to the Department of Law |
| 27 | Enforcement. |
| 28 | (a) By December 15, 2005, the department shall submit |
| 29 | fingerprint information electronically for all current personnel |
| 30 | employed or contracted in delinquency facilities, services, and |
| 31 | programs to the Department of Law Enforcement, except for law |
| 32 | enforcement, correctional, or correctional probation officers, |
| 33 | as to whom s. 943.13(5) shall apply. The fingerprint information |
| 34 | submitted shall be retained by the Department of Law Enforcement |
| 35 | and entered in the statewide automated fingerprint |
| 36 | identification system authorized by s. 943.05(2)(b) and shall |
| 37 | thereafter be available for all purposes and uses authorized for |
| 38 | arrest fingerprint information entered in the statewide |
| 39 | automated fingerprint identification system pursuant to s. |
| 40 | 943.051. The Department of Law Enforcement shall search all |
| 41 | arrest fingerprint information received pursuant to s. 943.051 |
| 42 | against the fingerprints retained in the statewide automated |
| 43 | fingerprint identification system pursuant to this section on an |
| 44 | ongoing basis. Any arrest records that are identified with the |
| 45 | retained employee fingerprint information shall be reported to |
| 46 | the department. |
| 47 | (b) The department shall pay an annual fee to the |
| 48 | Department of Law Enforcement according to the rule adopted by |
| 49 | the Department of Law Enforcement that establishes the |
| 50 | procedures for the retention of fingerprints submitted by |
| 51 | employing agencies and the dissemination of search results to |
| 52 | them. The department shall inform the Department of Law |
| 53 | Enforcement of any change in the employment or contractual |
| 54 | status of the personnel whose fingerprint information is |
| 55 | retained under this subsection, as well as any change in the |
| 56 | place of employment or in the place where contractual services |
| 57 | are provided by such personnel. |
| 58 | Section 2. This act shall take effect July 1, 2005. |