HB 0473

1	A bill to be entitled
2	An act relating to water management district security;
3	creating s. 373.6055, F.S.; requiring water management
4	districts with structures or facilities identified as
5	critical infrastructure to conduct criminal history checks
6	of certain persons; authorizing water management districts
7	with structures or facilities that are not identified as
8	critical infrastructure to conduct criminal history checks
9	of certain persons; providing requirements for criminal
10	history checks; requiring submission of fingerprints to
11	the Department of Law Enforcement and the Federal Bureau
12	of Investigation; providing for payment of criminal
13	history check costs; requiring the water management
14	district security's plan to identify criminal history
15	convictions or factors that disqualify applicants for
16	employment and restricted area access; authorizing the use
17	of such factors to disqualify certain employees and other
18	persons; authorizing water management districts to
19	establish appeal procedures; authorizing water management
20	districts to grant temporary waivers; providing offenses
21	that disqualify a person from employment or access to a
22	restricted access area; providing an exception to
23	disqualification; providing an effective date.
24
25	Be It Enacted by the Legislature of the State of Florida:
26
27	Section 1.  Section 373.6055, Florida Statutes, is created
28	to read:
29	373.6055  Criminal history checks for certain water
30	management district employees and others.--
31	(1)  A water management district that has structures or
32	facilities identified as critical infrastructure by the Regional
33	Domestic Security Task Force created pursuant to s. 943.0312
34	shall conduct a fingerprint-based criminal history check for any
35	current or prospective employee and other persons designated
36	pursuant to the water management district's security plan for
37	buildings, facilities, and structures if those persons are
38	allowed regular access to those buildings, facilities, or
39	structures defined in the water management district's security
40	plan as restricted access areas.
41	(2)  A water management district that has structures or
42	facilities that are not identified as critical infrastructure by
43	the Regional Domestic Security Task Force may conduct a
44	fingerprint-based criminal history check for any current or
45	prospective employee and others designated pursuant to the water
46	management district's security plan for buildings, facilities,
47	and structures if those persons are allowed regular access to
48	critical buildings, facilities, or structures defined in the
49	water management district's security plan as restricted access
50	areas.
51	(3)(a)  The fingerprint-based criminal history check shall
52	be performed on any person described in subsection (1) pursuant
53	to the applicable water management district's security plan for
54	buildings, facilities, and structures. With respect to employees
55	or others with regular access, such checks shall be performed at
56	least once every 5 years or at other more frequent intervals as
57	provided by the water management district's security plan for
58	buildings, facilities, and structures. Each individual subject
59	to the criminal history check shall file a complete set of
60	fingerprints which are taken in a manner required by the
61	Department of Law Enforcement and the water management district
62	security plan. Fingerprints shall be submitted to the Department
63	of Law Enforcement for state processing and to the Federal
64	Bureau of Investigation for federal processing. The results of
65	each fingerprint-based check shall be reported to the requesting
66	water management district. The costs of the checks, consistent
67	with s. 943.053(3), shall be paid by the water management
68	district or other employing entity or by the individual checked.
69	(b)  Each water management district's security plan for
70	buildings, facilities, and structures shall identify criminal
71	convictions or other criminal history factors consistent with
72	paragraph (c) which shall disqualify a person from initial
73	employment or authorization for regular access to buildings,
74	facilities, or structures defined in the water management
75	district's security plan as restricted access areas. Such
76	factors shall be used to disqualify all applicants for
77	employment or others seeking regular access to buildings,
78	facilities or structures defined in the water management
79	district's security plan as restricted access areas on or after
80	the effective date of the water management district's security
81	plan for buildings, facilities, and structures, and may be used
82	to disqualify all those employed or authorized for regular
83	access as of that date. Each water management district may
84	establish a procedure to appeal a denial of employment or access
85	based upon procedural inaccuracies or discrepancies regarding
86	criminal history factors established pursuant to this paragraph.
87	A water management district may allow waivers on a temporary
88	basis to meet special or emergency needs of the water management
89	district or its users. Policies, procedures, and criteria for
90	implementation of this subsection shall be included in the water
91	management district's security plan for buildings, facilities,
92	and structures.
93	(c)  In addition to other requirements for employment or
94	access established by any water management district pursuant to
95	its water management district's security plan for buildings,
96	facilities, and structures, each water management district's
97	security plan shall provide that:
98	1.  Any person who has within the past 7 years been
99	convicted, regardless of whether adjudication was withheld, for
100	a forcible felony as defined in s. 776.08; an act of terrorism
101	as defined in s. 775.30; planting of a hoax bomb as provided in
102	s. 790.165; any violation involving the manufacture, possession,
103	sale, delivery, display, use, or attempted or threatened use of
104	a weapon of mass destruction or hoax weapon of mass destruction
105	as provided in s. 790.166; dealing in stolen property; any
106	violation of s. 893.135; any violation involving the sale,
107	manufacturing, delivery, or possession with intent to sell,
108	manufacture, or deliver a controlled substance; burglary;
109	robbery; any felony violation of s. 812.014; any violation of s.
110	790.07; any crime an element of which includes use or possession
111	of a firearm; any conviction for any similar offenses under the
112	laws of another jurisdiction; or conviction for conspiracy to
113	commit any of the listed offenses may not be qualified for
114	initial employment within or authorized regular access to
115	buildings, facilities, or structures defined in the water
116	management district's security plan as restricted access areas.
117	2.  Any person who has at any time been convicted of any of
118	the offenses listed in subparagraph 1. may not be qualified for
119	initial employment within or authorized regular access to
120	buildings, facilities, or structures defined in the water
121	management district's security plan as restricted access areas
122	unless, after release from incarceration and any supervision
123	imposed as a sentence, the person remained free from a
124	subsequent conviction, regardless of whether adjudication was
125	withheld, for any of the listed offenses for a period of at
126	least 7 years prior to the employment or access date under
127	consideration.
128	Section 2.  This act shall take effect upon becoming a law.

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