Senate Bill sb0026B

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    Florida Senate - 2005                                  SB 26-B

    By Senator Argenziano





    3-793-06

  1                      A bill to be entitled

  2         An act relating to background screening of

  3         noninstructional school personnel and

  4         contractors; amending s. 1012.465, F.S.;

  5         requiring that school districts comply with

  6         certain requirements for background screening

  7         for noninstructional personnel and contractors

  8         by a specified date; creating s. 1012.467,

  9         F.S.; defining the term "contractor";

10         authorizing a district school board to exempt a

11         contractor from certain screening requirements

12         if the contractor has only incidental contact

13         with students; requiring that such a contractor

14         is subject to a search of his or her name or

15         other identifying information against

16         registration information of sexual predators

17         and sexual offenders; prohibiting a contractor

18         who is identified as a sexual predator or

19         sexual offender from being on school grounds

20         when students are present; providing an

21         effective date.

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

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25         Section 1.  Subsection (1) of section 1012.465, Florida

26  Statutes, is amended to read:

27         1012.465  Background screening requirements for certain

28  noninstructional school district employees and contractors.--

29         (1)(a)  Except as provided in s. 1012.467,

30  noninstructional school district employees or contractual

31  personnel who are permitted access on school grounds when

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    Florida Senate - 2005                                  SB 26-B
    3-793-06




 1  students are present, who have direct contact with students or

 2  who have access to or control of school funds must meet level

 3  2 screening requirements as described in s. 1012.32.

 4  Contractual personnel shall include any vendor, individual, or

 5  entity under contract with the school board.

 6         (b)  By May 6, 2006, each school district must comply

 7  with the requirements of this subsection which apply to

 8  persons who are permitted access on school grounds when

 9  students are present, but who do not have direct contact with

10  students or access to or control of school funds.

11         Section 2.  Section 1012.467, Florida Statutes, is

12  created to read:

13         1012.467  Noninstructional contractors permitted access

14  to school grounds when students are present; incidental

15  contact; exemptions; screening requirements.--

16         (1)  As used in this section, the term "contractor"

17  means a noninstructional vendor, individual, or entity that is

18  employed under a contract with a school or a district school

19  board.

20         (2)  A district school board may exempt from the

21  screening requirements in s. 1012.465 a contractor who is

22  permitted access to school grounds when students are present

23  and who does not have direct contact with students if the

24  school board determines that the contractor has only

25  incidental contact with students. The district school board

26  shall determine whether the contractor has only incidental

27  contact with students by considering the totality of the

28  following circumstances:

29         (a)  The contractor has limited contact with students.

30         (b)  The contractor is located at a site that is of a

31  distant proximity to students.

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    Florida Senate - 2005                                  SB 26-B
    3-793-06




 1         (c)  The contractor remains at a separate and secure

 2  site that has perimeter fencing on school grounds.

 3         (d)  The contractor is under the direct and constant

 4  supervision of an employee or contractor who has had a

 5  criminal history records check and who meets the screening

 6  requirements of s. 1012.32, s. 1012.465, or s. 1012.56.

 7         (3)  If a district school board determines that a

 8  contractor who is exempt under this section no longer has

 9  incidental contact with students, the contractor may not be

10  permitted on school grounds when students are present and may

11  not have direct contact with students until the contractor

12  meets the screening requirements of s. 1012.465.

13         (4)(a)  A contractor who is exempt under this section

14  from the screening requirements of s. 1012.465 is subject to a

15  search of his or her name or other identifying information

16  against the registration information regarding sexual

17  predators and sexual offenders which is maintained by the

18  Department of Law Enforcement under s. 943.043 and the

19  national public registry of sex offenders which is maintained

20  by the United States Department of Justice. The school

21  district shall conduct the search required under this

22  subsection.

23         (b)  If a contractor is identified as a sexual predator

24  or sexual offender in the search required by this subsection,

25  the contractor may not be permitted on school grounds when

26  students are present.

27         Section 3.  This act shall take effect upon becoming a

28  law.

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    Florida Senate - 2005                                  SB 26-B
    3-793-06




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 2                          SENATE SUMMARY

 3    Requires that school districts comply with certain
      requirements for background screening for
 4    noninstructional personnel and contractors by May 6,
      2006. Authorizes a district school board to exempt a
 5    contractor from certain screening requirements if the
      contractor has only incidental contact with students.
 6    Requires that the contractor is subject to a search of
      his or her name or other identifying information against
 7    registration information of sexual predators and sexual
      offenders. Prohibits a contractor who is identified as a
 8    sexual predator or sexual offender from being on school
      grounds when students are present.
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