HB 39B

1
A bill to be entitled
2An act relating to background screening for
3noninstructional school district employees and
4contractors; providing that individuals required to
5undergo background screening pursuant to the amendments to
6s. 1012.465, F.S., relating to background screening
7requirements for certain noninstructional school district
8employees and contractors, made by s. 21, ch. 2005-28,
9Laws of Florida, are required to meet the required
10screening requirements as soon as reasonably possible and
11shall be and remain in full and continuing compliance no
12later than a specified date; prohibiting contractual
13personnel who have not completed specified screening
14requirements from access to school grounds; prohibiting
15specified individuals from access to school grounds;
16providing an expiration date; providing an effective date.
17
18     WHEREAS, the 2005 Legislature enacted chapter 2005-28, Laws
19of Florida, known as the "Jessica Lunsford Act," in response to
20the horrific murder of a child by a convicted sex offender who
21lived in her neighborhood and worked as a subcontractor at her
22school, and
23     WHEREAS, despite some unintended consequences that have
24resulted in implementation difficulties for school districts,
25the business community, and law enforcement, the new law has
26been applauded by families and communities across the state, and
27     WHEREAS, it is the intent of the Legislature to address the
28law's unintended consequences through the full and deliberative
29committee process afforded by the 2006 Regular Session, and
30     WHEREAS, until that time, it is the intent of the
31Legislature that all persons and entities affected by the new
32law continue to aggressively and relentlessly proceed with its
33implementation, NOW, THEREFORE,
34
35Be It Enacted by the Legislature of the State of Florida:
36
37     Section 1.  (1)  The amendments to s. 1012.465, Florida
38Statutes, in s. 21 of chapter 2005-28, Laws of Florida, are
39effective commencing September 1, 2005, and all contractual
40personnel who were not otherwise subject to s. 1012.465, Florida
41Statutes, prior to that date shall meet the required level 2
42screening requirements as soon as reasonably possible and shall
43be and remain in full and continuing compliance no later than
44July 1, 2006.
45     (2)  All contractual personnel who have not completed the
46screening requirements pursuant to subsection (1) shall be
47denied access to school grounds when students are present until
48the employer has conducted a search of their names or other
49identifying information against the registration information
50regarding sexual predators and sexual offenders maintained by
51the Department of Law Enforcement under s. 943.043, Florida
52Statutes, and the national sex offender public registry
53maintained by the United States Department of Justice.
54     (3)  Any contractual personnel identified as a sexual
55predator or sexual offender in the registry search required in
56subsection (2) shall not be permitted on school grounds when
57students are present.
58     (4)  This section shall expire July 1, 2006.
59     Section 2.  This act shall take effect upon becoming a law.


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