HB 0473

1
A bill to be entitled
2An act relating to water management district security;
3creating s. 373.6055, F.S.; requiring water management
4districts with structures or facilities identified as
5critical infrastructure to conduct criminal history checks
6of certain persons; authorizing water management districts
7with structures or facilities that are not identified as
8critical infrastructure to conduct criminal history checks
9of certain persons; providing requirements for criminal
10history checks; requiring submission of fingerprints to
11the Department of Law Enforcement and the Federal Bureau
12of Investigation; providing for payment of criminal
13history check costs; requiring the water management
14district security's plan to identify criminal history
15convictions or factors that disqualify applicants for
16employment and restricted area access; authorizing the use
17of such factors to disqualify certain employees and other
18persons; authorizing water management districts to
19establish appeal procedures; authorizing water management
20districts to grant temporary waivers; providing offenses
21that disqualify a person from employment or access to a
22restricted access area; providing an exception to
23disqualification; providing an effective date.
24
25Be It Enacted by the Legislature of the State of Florida:
26
27     Section 1.  Section 373.6055, Florida Statutes, is created
28to read:
29     373.6055  Criminal history checks for certain water
30management district employees and others.--
31     (1)  A water management district that has structures or
32facilities identified as critical infrastructure by the Regional
33Domestic Security Task Force created pursuant to s. 943.0312
34shall conduct a fingerprint-based criminal history check for any
35current or prospective employee and other persons designated
36pursuant to the water management district's security plan for
37buildings, facilities, and structures if those persons are
38allowed regular access to those buildings, facilities, or
39structures defined in the water management district's security
40plan as restricted access areas.
41     (2)  A water management district that has structures or
42facilities that are not identified as critical infrastructure by
43the Regional Domestic Security Task Force may conduct a
44fingerprint-based criminal history check for any current or
45prospective employee and others designated pursuant to the water
46management district's security plan for buildings, facilities,
47and structures if those persons are allowed regular access to
48critical buildings, facilities, or structures defined in the
49water management district's security plan as restricted access
50areas.
51     (3)(a)  The fingerprint-based criminal history check shall
52be performed on any person described in subsection (1) pursuant
53to the applicable water management district's security plan for
54buildings, facilities, and structures. With respect to employees
55or others with regular access, such checks shall be performed at
56least once every 5 years or at other more frequent intervals as
57provided by the water management district's security plan for
58buildings, facilities, and structures. Each individual subject
59to the criminal history check shall file a complete set of
60fingerprints which are taken in a manner required by the
61Department of Law Enforcement and the water management district
62security plan. Fingerprints shall be submitted to the Department
63of Law Enforcement for state processing and to the Federal
64Bureau of Investigation for federal processing. The results of
65each fingerprint-based check shall be reported to the requesting
66water management district. The costs of the checks, consistent
67with s. 943.053(3), shall be paid by the water management
68district or other employing entity or by the individual checked.
69     (b)  Each water management district's security plan for
70buildings, facilities, and structures shall identify criminal
71convictions or other criminal history factors consistent with
72paragraph (c) which shall disqualify a person from initial
73employment or authorization for regular access to buildings,
74facilities, or structures defined in the water management
75district's security plan as restricted access areas. Such
76factors shall be used to disqualify all applicants for
77employment or others seeking regular access to buildings,
78facilities or structures defined in the water management
79district's security plan as restricted access areas on or after
80the effective date of the water management district's security
81plan for buildings, facilities, and structures, and may be used
82to disqualify all those employed or authorized for regular
83access as of that date. Each water management district may
84establish a procedure to appeal a denial of employment or access
85based upon procedural inaccuracies or discrepancies regarding
86criminal history factors established pursuant to this paragraph.
87A water management district may allow waivers on a temporary
88basis to meet special or emergency needs of the water management
89district or its users. Policies, procedures, and criteria for
90implementation of this subsection shall be included in the water
91management district's security plan for buildings, facilities,
92and structures.
93     (c)  In addition to other requirements for employment or
94access established by any water management district pursuant to
95its water management district's security plan for buildings,
96facilities, and structures, each water management district's
97security plan shall provide that:
98     1.  Any person who has within the past 7 years been
99convicted, regardless of whether adjudication was withheld, for
100a forcible felony as defined in s. 776.08; an act of terrorism
101as defined in s. 775.30; planting of a hoax bomb as provided in
102s. 790.165; any violation involving the manufacture, possession,
103sale, delivery, display, use, or attempted or threatened use of
104a weapon of mass destruction or hoax weapon of mass destruction
105as provided in s. 790.166; dealing in stolen property; any
106violation of s. 893.135; any violation involving the sale,
107manufacturing, delivery, or possession with intent to sell,
108manufacture, or deliver a controlled substance; burglary;
109robbery; any felony violation of s. 812.014; any violation of s.
110790.07; any crime an element of which includes use or possession
111of a firearm; any conviction for any similar offenses under the
112laws of another jurisdiction; or conviction for conspiracy to
113commit any of the listed offenses may not be qualified for
114initial employment within or authorized regular access to
115buildings, facilities, or structures defined in the water
116management district's security plan as restricted access areas.
117     2.  Any person who has at any time been convicted of any of
118the offenses listed in subparagraph 1. may not be qualified for
119initial employment within or authorized regular access to
120buildings, facilities, or structures defined in the water
121management district's security plan as restricted access areas
122unless, after release from incarceration and any supervision
123imposed as a sentence, the person remained free from a
124subsequent conviction, regardless of whether adjudication was
125withheld, for any of the listed offenses for a period of at
126least 7 years prior to the employment or access date under
127consideration.
128     Section 2.  This act shall take effect upon becoming a law.


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