Senate Bill sb1914c1

    Florida Senate - 2005                           CS for SB 1914

    By the Committee on Criminal Justice; and Senator Argenziano





    591-1965-05

  1                      A bill to be entitled

  2         An act relating to juvenile justice; amending

  3         s. 985.407, F.S.; revising employee-screening

  4         procedures of the Department of Juvenile

  5         Justice; requiring the department to provide

  6         fingerprint information to the Department of

  7         Law Enforcement and pay an annual fee;

  8         providing an effective date.

  9  

10  Be It Enacted by the Legislature of the State of Florida:

11  

12         Section 1.  Subsection (4) of section 985.407, Florida

13  Statutes, is amended to read:

14         985.407  Departmental contracting powers; personnel

15  standards and screening.--

16         (4)(a)  For any reason employed by the department, or

17  by a provider under contract with the department, in

18  delinquency facilities, services, or programs, the department

19  shall require:

20         1.  A level 2 employment screening pursuant to chapter

21  435 prior to employment; and, using the level 1 standards for

22  screening set forth in that chapter, for personnel in

23  delinquency facilities, services, or programs.

24         2.  A federal criminal records check by the Federal

25  Bureau of Investigation every 5 years following the date of

26  the person's employment.

27         (b)  Except for law enforcement, correctional, and

28  correctional probation officers, to whom s. 943.13(5) applies,

29  the department shall electronically submit to the Department

30  of Law Enforcement:

31  

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






    Florida Senate - 2005                           CS for SB 1914
    591-1965-05




 1         1.  Fingerprint information obtained during the

 2  employment screening required by subparagraph (a)1.; and

 3         2.  No later than December 15, 2005, fingerprint

 4  information for all persons employed by the department, or by

 5  a provider under contract with the department, in delinquency

 6  facilities, services, or programs if such fingerprint

 7  information has not previously been electronically submitted

 8  to the Department of Law Enforcement under this paragraph.

 9         (c)  All fingerprint information electronically

10  submitted to the Department of Law Enforcement under paragraph

11  (b) shall be retained by the Department of Law Enforcement and

12  entered into the statewide automated fingerprint

13  identification system authorized by s. 943.05(2)(b) and shall

14  thereafter be available for all purposes and uses authorized

15  for arrest fingerprint information entered into the statewide

16  automated fingerprint identification system pursuant to s.

17  943.051 until the fingerprint information is removed pursuant

18  to paragraph (e). The Department of Law Enforcement shall

19  search all arrest fingerprint information received pursuant to

20  s. 943.051 against the fingerprint information entered into

21  the statewide automated fingerprint system pursuant to this

22  subsection. Any arrest records identified as a result of the

23  search shall be reported to the department in the manner and

24  timeframe established by rule of the Department of Law

25  Enforcement.

26         (d)  The department shall pay an annual fee to the

27  Department of Law Enforcement for its costs resulting from the

28  fingerprint-information-retention services required by this

29  subsection. The amount of the annual fee and procedures for

30  the submission and retention of fingerprint information and

31  for the dissemination of search results shall be established

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






    Florida Senate - 2005                           CS for SB 1914
    591-1965-05




 1  by rule of the Department of Law Enforcement which is

 2  applicable to the department individually pursuant to this

 3  subsection or is applicable to the department and other

 4  employing agencies pursuant to rulemaking authority otherwise

 5  provided by law.

 6         (e)  The department shall notify the Department of Law

 7  Enforcement when a person whose fingerprint information is

 8  retained by the Department of Law Enforcement under this

 9  subsection is no longer employed by the department, or by a

10  provider under contract with the department, in a delinquency

11  facility, service, or program. This notice shall be provided

12  by the department to the Department of Law Enforcement no

13  later than 6 months after the date of the change in the

14  person's employment status. Fingerprint information for

15  persons identified by the department in the notice shall be

16  removed from the statewide automated fingerprint system.

17         Section 2.  This act shall take effect July 1, 2005.

18  

19          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
20                         Senate Bill 1914

21                                 

22  -    Requires a federal criminal records check by the Federal
         Bureau of Investigation every five years following the
23       date of the person's employment.

24  -    Requires the department to notify FDLE when a person,
         whose fingerprint information is retained, is no longer
25       employed by the department, or by a provider under
         contract with the department.
26  

27  

28  

29  

30  

31  

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