| 1 | The Juvenile Justice Committee recommends the following: |
| 2 |
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| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to the Department of Juvenile Justice; |
| 7 | amending s. 985.407, F.S.; changing the level of |
| 8 | background screening required for certain department and |
| 9 | provider employees from level 1 to level 2; requiring |
| 10 | federal criminal records checks every 5 years for certain |
| 11 | department and provider employees; providing for |
| 12 | electronic submission of specified fingerprint |
| 13 | information; providing for retention of specified |
| 14 | fingerprint information; providing for searches; requiring |
| 15 | the adoption of rules; providing for an annual fee; |
| 16 | providing for notice of changes in the employment status |
| 17 | of persons whose fingerprint information is retained; |
| 18 | requiring the removal of fingerprint information upon the |
| 19 | occurrence of specified events; providing an effective |
| 20 | date. |
| 21 |
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| 22 | Be It Enacted by the Legislature of the State of Florida: |
| 23 |
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| 24 | Section 1. Subsection (4) of section 985.407, Florida |
| 25 | Statutes, is amended to read: |
| 26 | 985.407 Departmental contracting powers; personnel |
| 27 | standards and screening.-- |
| 28 | (4)(a) For any person employed by the department, or by a |
| 29 | provider under contract with the department, in delinquency |
| 30 | facilities, services, or programs, the department shall require: |
| 31 | 1. A level 2 employment screening pursuant to chapter 435 |
| 32 | prior to employment, using the level 1 standards for screening |
| 33 | set forth in that chapter, for personnel in delinquency |
| 34 | facilities, services, and programs. |
| 35 | 2. A federal criminal records check by the Federal Bureau |
| 36 | of Investigation every 5 years following the date of the |
| 37 | person's employment. |
| 38 | (b) Except for law enforcement, correctional, and |
| 39 | correctional probation officers, to whom s. 943.13(5) applies, |
| 40 | the department shall electronically submit to the Department of |
| 41 | Law Enforcement: |
| 42 | 1. Fingerprint information obtained during the employment |
| 43 | screening required by subparagraph (a)1. |
| 44 | 2. No later than December 15, 2005, fingerprint |
| 45 | information for all persons employed by the department, or by a |
| 46 | provider under contract with the department, in delinquency |
| 47 | facilities, services, or programs if such fingerprint |
| 48 | information has not previously been electronically submitted to |
| 49 | the Department of Law Enforcement under this paragraph. |
| 50 | (c) All fingerprint information electronically submitted |
| 51 | to the Department of Law Enforcement under paragraph (b) shall |
| 52 | be retained by the Department of Law Enforcement and entered |
| 53 | into the statewide automated fingerprint identification system |
| 54 | authorized by s. 943.05(2)(b). Thereafter, such fingerprint |
| 55 | information shall be available for all purposes and uses |
| 56 | authorized for arrest fingerprint information entered into the |
| 57 | statewide automated fingerprint identification system pursuant |
| 58 | to s. 943.051 until the fingerprint information is removed |
| 59 | pursuant to paragraph (e). The Department of Law Enforcement |
| 60 | shall search all arrest fingerprint information received |
| 61 | pursuant to s. 943.051 against the fingerprint information |
| 62 | entered into the statewide automated fingerprint system pursuant |
| 63 | to this subsection. Any arrest records identified as a result of |
| 64 | the search shall be reported to the department in the manner and |
| 65 | timeframe established by the Department of Law Enforcement by |
| 66 | rule. |
| 67 | (d) The department shall pay an annual fee to the |
| 68 | Department of Law Enforcement for its costs resulting from the |
| 69 | fingerprint information retention services required by this |
| 70 | subsection. The amount of the annual fee and procedures for the |
| 71 | submission and retention of fingerprint information and for the |
| 72 | dissemination of search results shall be established by the |
| 73 | Department of Law Enforcement by a rule that is applicable to |
| 74 | the department individually pursuant to this subsection or that |
| 75 | is applicable to the department and other employing agencies |
| 76 | pursuant to rulemaking authority otherwise provided by law. |
| 77 | (e) The department shall notify the Department of Law |
| 78 | Enforcement when a person whose fingerprint information is |
| 79 | retained by the Department of Law Enforcement under this |
| 80 | subsection is no longer employed by the department, or by a |
| 81 | provider under contract with the department, in a delinquency |
| 82 | facility, service, or program. This notice shall be provided by |
| 83 | the department to the Department of Law Enforcement no later |
| 84 | than 6 months after the date of the change in the person's |
| 85 | employment status. Fingerprint information for persons |
| 86 | identified by the department in the notice shall be removed from |
| 87 | the statewide automated fingerprint system. |
| 88 | Section 2. This act shall take effect July 1, 2005. |