| 1 | Representative(s) Llorente offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | Between lines 1682 and 1683, insert: |
| 5 | Section 26. Subsection (4) of section 985.407, Florida |
| 6 | Statutes, is amended to read: |
| 7 | 985.407 Departmental contracting powers; personnel |
| 8 | standards and screening.-- |
| 9 | (4)(a) For any person employed by the department, or by a |
| 10 | provider under contract with the department, in delinquency |
| 11 | facilities, services, or programs, the department shall require: |
| 12 | 1. A level 2 employment screening pursuant to chapter 435 |
| 13 | prior to employment, using the level 1 standards for screening |
| 14 | set forth in that chapter, for personnel in delinquency |
| 15 | facilities, services, and programs. |
| 16 | 2. A federal criminal records check by the Federal Bureau |
| 17 | of Investigation every 5 years following the date of the |
| 18 | person's employment. |
| 19 | (b) Except for law enforcement, correctional, and |
| 20 | correctional probation officers, to whom s. 943.13(5) applies, |
| 21 | the department shall electronically submit to the Department of |
| 22 | Law Enforcement: |
| 23 | 1. Fingerprint information obtained during the employment |
| 24 | screening required by subparagraph (a)1. |
| 25 | 2. Beginning on December 15, 2005, fingerprint information |
| 26 | for all persons employed by the department, or by a provider |
| 27 | under contract with the department, in delinquency facilities, |
| 28 | services, or programs if such fingerprint information has not |
| 29 | previously been electronically submitted to the Department of |
| 30 | Law Enforcement under this paragraph. |
| 31 | (c) All fingerprint information electronically submitted |
| 32 | to the Department of Law Enforcement under paragraph (b) shall |
| 33 | be retained by the Department of Law Enforcement and entered |
| 34 | into the statewide automated fingerprint identification system |
| 35 | authorized by s. 943.05(2)(b). Thereafter, such fingerprint |
| 36 | information shall be available for all purposes and uses |
| 37 | authorized for arrest fingerprint information entered into the |
| 38 | statewide automated fingerprint identification system pursuant |
| 39 | to s. 943.051 until the fingerprint information is removed |
| 40 | pursuant to paragraph (e). The Department of Law Enforcement |
| 41 | shall search all arrest fingerprint information received |
| 42 | pursuant to s. 943.051 against the fingerprint information |
| 43 | entered into the statewide automated fingerprint system pursuant |
| 44 | to this subsection. Any arrest records identified as a result of |
| 45 | the search shall be reported to the department in the manner and |
| 46 | timeframe established by the Department of Law Enforcement by |
| 47 | rule. |
| 48 | (d) The department shall pay an annual fee to the |
| 49 | Department of Law Enforcement for its costs resulting from the |
| 50 | fingerprint information retention services required by this |
| 51 | subsection. The amount of the annual fee and procedures for the |
| 52 | submission and retention of fingerprint information and for the |
| 53 | dissemination of search results shall be established by the |
| 54 | Department of Law Enforcement by a rule that is applicable to |
| 55 | the department individually pursuant to this subsection or that |
| 56 | is applicable to the department and other employing agencies |
| 57 | pursuant to rulemaking authority otherwise provided by law. |
| 58 | (e) The department shall notify the Department of Law |
| 59 | Enforcement when a person whose fingerprint information is |
| 60 | retained by the Department of Law Enforcement under this |
| 61 | subsection is no longer employed by the department, or by a |
| 62 | provider under contract with the department, in a delinquency |
| 63 | facility, service, or program. This notice shall be provided by |
| 64 | the department to the Department of Law Enforcement no later |
| 65 | than 6 months after the date of the change in the person's |
| 66 | employment status. Fingerprint information for persons |
| 67 | identified by the department in the notice shall be removed from |
| 68 | the statewide automated fingerprint system. |
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| 70 |
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| 71 | ================ T I T L E A M E N D M E N T ============= |
| 72 | Remove line 95 and insert: |
| 73 | F.S., in reference thereto; amending s. 985.407, F.S.; changing |
| 74 | the level of background screening required for certain |
| 75 | department and provider employees from level 1 to level 2; |
| 76 | requiring federal criminal records checks every 5 years for |
| 77 | certain department and provider employees; providing for |
| 78 | electronic submission of specified fingerprint information; |
| 79 | providing for retention of specified fingerprint information; |
| 80 | providing for searches; requiring the adoption of rules; |
| 81 | providing for an annual fee; providing for notice of changes in |
| 82 | the employment status of persons whose fingerprint information |
| 83 | is retained; requiring the removal of fingerprint information |
| 84 | upon the occurrence of specified events; providing an effective |
| 85 | date. |