Senate Bill sb2512
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Florida Senate - 2006 SB 2512
By Senator Haridopolos
26-1627-06 See HB
1 A bill to be entitled
2 An act relating to sexual predators and
3 offenders; amending s. 322.141, F.S.; requiring
4 distinctive markings for driver's licenses and
5 identification cards issued to persons who are
6 designated as sexual predators or subject to
7 registration as sexual offenders; amending s.
8 322.212, F.S.; prohibiting the alteration of
9 sexual predator or sexual offender markings on
10 driver's licenses or identification cards, for
11 which there are criminal penalties; amending s.
12 775.21, F.S.; requiring sexual predators to
13 obtain a distinctive driver's license or
14 identification card; requiring sexual predators
15 to carry such a license or card in public and
16 present it upon request by certain persons;
17 providing criminal penalties for violations;
18 amending s. 943.0435, F.S.; requiring sexual
19 offenders to obtain a distinctive driver's
20 license or identification card; requiring
21 offenders to carry such a license or card in
22 public and present it upon request by certain
23 persons; providing criminal penalties for
24 violations; amending s. 921.0022, F.S.;
25 including offenses relating to the possession
26 and presentation of driver's licenses and
27 identification cards by sexual predators and
28 offenders within the offense severity ranking
29 chart of the Criminal Punishment Code; amending
30 s. 1012.465, F.S.; deleting references to
31 contractual personnel; providing definitions;
1
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Florida Senate - 2006 SB 2512
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1 requiring contractual personnel working on
2 school grounds during instructional hours to be
3 subject to a check of Florida driver's licenses
4 or identification cards for the purposes of
5 ascertaining their sexual offender and sexual
6 predator status; providing duties for such
7 personnel; providing an exception; providing an
8 effective date.
9
10 Be It Enacted by the Legislature of the State of Florida:
11
12 Section 1. Section 322.141, Florida Statutes, is
13 amended to read:
14 322.141 Color or markings of certain licenses or
15 identification cards.--
16 (1) All licenses originally issued or reissued by the
17 department to persons under the age of 21 years for the
18 operation of motor vehicles shall have markings or color which
19 shall be obviously separate and distinct from all other
20 licenses issued by the department for the operation of motor
21 vehicles.
22 (2)(a) All licenses for the operation of motor
23 vehicles originally issued or reissued by the department to
24 persons who have insulin-dependent diabetes may, at the
25 request of the applicant, have distinctive markings separate
26 and distinct from all other licenses issued by the department.
27 (b) At the time of application for original license or
28 reissue, the department shall require such proof as it deems
29 appropriate that a person has insulin-dependent diabetes.
30 (3) All licenses for the operation of motor vehicles
31 or identification cards originally issued or reissued by the
2
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Florida Senate - 2006 SB 2512
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1 department to persons who are designated as sexual predators
2 under s. 775.21 or subject to registration as sexual offenders
3 under s. 943.0435 shall have on the front of the license the
4 following:
5 (a) For a person designated as a sexual predator under
6 s. 775.21, the marking "775.21, F.S."
7 (b) For a person subject to registration as a sexual
8 offender under s. 943.0435, the marking "943.0435, F.S."
9 Section 2. Paragraph (c) is added to subsection (5) of
10 section 322.212, Florida Statutes, to read:
11 322.212 Unauthorized possession of, and other unlawful
12 acts in relation to, driver's license or identification
13 card.--
14 (5)
15 (c) It is unlawful for any person to have in his or
16 her possession a driver's license or identification card upon
17 which the sexual predator or sexual offender markings required
18 by s. 322.141 have been altered.
19 Section 3. Paragraph (f) of subsection (6) of section
20 775.21, Florida Statutes, is amended, paragraph (m) is added
21 to that subsection, and paragraph (h) is added to subsection
22 (10) of that section, to read:
23 775.21 The Florida Sexual Predators Act.--
24 (6) REGISTRATION.--
25 (f) Within 48 hours after the registration required
26 under paragraph (a) or paragraph (e), a sexual predator who is
27 not incarcerated and who resides in the community, including a
28 sexual predator under the supervision of the Department of
29 Corrections, shall register in person at a driver's license
30 office of the Department of Highway Safety and Motor Vehicles
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1 and shall present proof of registration. At the driver's
2 license office the sexual predator shall:
3 1. If otherwise qualified, secure a Florida driver's
4 license, renew a Florida driver's license, or secure an
5 identification card. The sexual predator shall identify
6 himself or herself as a sexual predator who is required to
7 comply with this section, provide his or her place of
8 permanent or temporary residence, including a rural route
9 address and a post office box, and submit to the taking of a
10 photograph for use in issuing a driver's license, renewed
11 license, or identification card, and for use by the department
12 in maintaining current records of sexual predators. A post
13 office box shall not be provided in lieu of a physical
14 residential address. If the sexual predator's place of
15 residence is a motor vehicle, trailer, mobile home, or
16 manufactured home, as defined in chapter 320, the sexual
17 predator shall also provide to the Department of Highway
18 Safety and Motor Vehicles the vehicle identification number;
19 the license tag number; the registration number; and a
20 description, including color scheme, of the motor vehicle,
21 trailer, mobile home, or manufactured home. If a sexual
22 predator's place of residence is a vessel, live-aboard vessel,
23 or houseboat, as defined in chapter 327, the sexual predator
24 shall also provide to the Department of Highway Safety and
25 Motor Vehicles the hull identification number; the
26 manufacturer's serial number; the name of the vessel,
27 live-aboard vessel, or houseboat; the registration number; and
28 a description, including color scheme, of the vessel,
29 live-aboard vessel, or houseboat.
30 2. Pay the costs assessed by the Department of Highway
31 Safety and Motor Vehicles for issuing or renewing a driver's
4
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1 license or identification card as required by this section.
2 The driver's license or identification card issued shall
3 comply with s. 322.141(3).
4 3. Provide, upon request, any additional information
5 necessary to confirm the identity of the sexual predator,
6 including a set of fingerprints.
7 (m) A sexual predator shall carry the driver's license
8 or identification card issued under paragraph (f) on his or
9 her person at all times while in public. A sexual predator in
10 public must present his or her driver's license or
11 identification card when requested by any employee of the
12 department or any law enforcement officer.
13
14 The sheriff shall promptly provide to the department the
15 information received from the sexual predator.
16 (10) PENALTIES.--
17 (h) A sexual predator who fails to carry or present a
18 driver's license or identification card in violation of
19 paragraph (6)(m) commits:
20 1. For a first or second offense, a misdemeanor of the
21 first degree, punishable as provided in s. 775.082 or s.
22 775.083.
23 2. For a third or subsequent offense, a felony of the
24 third degree, punishable as provided in s. 775.082, s.
25 775.083, or s. 775.084.
26 Section 4. Subsection (3) and paragraph (a) of
27 subsection (9) of section 943.0435, Florida Statutes, are
28 amended to read:
29 943.0435 Sexual offenders required to register with
30 the department; penalty.--
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1 (3) Within 48 hours after the report required under
2 subsection (2), a sexual offender shall report in person at a
3 driver's license office of the Department of Highway Safety
4 and Motor Vehicles, unless a driver's license or
5 identification card that complies with the requirements of s.
6 322.141(3) was previously secured or updated under s. 944.607.
7 At the driver's license office the sexual offender shall:
8 (a) If otherwise qualified, secure a Florida driver's
9 license, renew a Florida driver's license, or secure an
10 identification card. The sexual offender shall identify
11 himself or herself as a sexual offender who is required to
12 comply with this section and shall provide proof that the
13 sexual offender reported as required in subsection (2). The
14 sexual offender shall provide any of the information specified
15 in subsection (2), if requested. The sexual offender shall
16 submit to the taking of a photograph for use in issuing a
17 driver's license, renewed license, or identification card, and
18 for use by the department in maintaining current records of
19 sexual offenders.
20 (b) Pay the costs assessed by the Department of
21 Highway Safety and Motor Vehicles for issuing or renewing a
22 driver's license or identification card as required by this
23 section. The driver's license or identification card issued
24 shall comply with s. 322.141(3).
25 (c) Provide, upon request, any additional information
26 necessary to confirm the identity of the sexual offender,
27 including a set of fingerprints.
28
29 A sexual offender shall carry the driver's license or
30 identification card issued under this subsection on his or her
31 person at all times while in public. A sexual offender in
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1 public must present his or her driver's license or
2 identification card when requested by any employee of the
3 department or any law enforcement officer.
4 (9)(a)1. Except as provided in subparagraph 2., a
5 sexual offender who does not comply with the requirements of
6 this section commits a felony of the third degree, punishable
7 as provided in s. 775.082, s. 775.083, or s. 775.084.
8 2. A sexual offender who fails to carry or present a
9 driver's license or identification card in violation of
10 subsection (3) commits:
11 a. For a first or second offense, a misdemeanor of the
12 first degree, punishable as provided in s. 775.082 or s.
13 775.083.
14 b. For a third or subsequent offense, a felony of the
15 third degree, punishable as provided in s. 775.082, s.
16 775.083, or s. 775.084.
17 Section 5. Paragraph (g) of subsection (3) of section
18 921.0022, Florida Statutes, is amended to read:
19 921.0022 Criminal Punishment Code; offense severity
20 ranking chart.--
21 (3) OFFENSE SEVERITY RANKING CHART
22
23 Florida Felony
24 Statute Degree Description
25
26
27 (g) LEVEL 7
28 316.027(1)(b) 2nd Accident involving death, failure
29 to stop; leaving scene.
30 316.193(3)(c)2. 3rd DUI resulting in serious bodily
31 injury.
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1 316.1935(3)(b) 1st Causing serious bodily injury or
2 death to another person; driving
3 at high speed or with wanton
4 disregard for safety while
5 fleeing or attempting to elude
6 law enforcement officer who is in
7 a patrol vehicle with siren and
8 lights activated.
9 327.35(3)(c)2. 3rd Vessel BUI resulting in serious
10 bodily injury.
11 402.319(2) 2nd Misrepresentation and negligence
12 or intentional act resulting in
13 great bodily harm, permanent
14 disfiguration, permanent
15 disability, or death.
16 409.920(2) 3rd Medicaid provider fraud.
17 456.065(2) 3rd Practicing a health care
18 profession without a license.
19 456.065(2) 2nd Practicing a health care
20 profession without a license
21 which results in serious bodily
22 injury.
23 458.327(1) 3rd Practicing medicine without a
24 license.
25 459.013(1) 3rd Practicing osteopathic medicine
26 without a license.
27 460.411(1) 3rd Practicing chiropractic medicine
28 without a license.
29 461.012(1) 3rd Practicing podiatric medicine
30 without a license.
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1 462.17 3rd Practicing naturopathy without a
2 license.
3 463.015(1) 3rd Practicing optometry without a
4 license.
5 464.016(1) 3rd Practicing nursing without a
6 license.
7 465.015(2) 3rd Practicing pharmacy without a
8 license.
9 466.026(1) 3rd Practicing dentistry or dental
10 hygiene without a license.
11 467.201 3rd Practicing midwifery without a
12 license.
13 468.366 3rd Delivering respiratory care
14 services without a license.
15 483.828(1) 3rd Practicing as clinical laboratory
16 personnel without a license.
17 483.901(9) 3rd Practicing medical physics
18 without a license.
19 484.013(1)(c) 3rd Preparing or dispensing optical
20 devices without a prescription.
21 484.053 3rd Dispensing hearing aids without a
22 license.
23 494.0018(2) 1st Conviction of any violation of
24 ss. 494.001-494.0077 in which the
25 total money and property
26 unlawfully obtained exceeded
27 $50,000 and there were five or
28 more victims.
29
30
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Florida Senate - 2006 SB 2512
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1 560.123(8)(b)1. 3rd Failure to report currency or
2 payment instruments exceeding
3 $300 but less than $20,000 by
4 money transmitter.
5 560.125(5)(a) 3rd Money transmitter business by
6 unauthorized person, currency or
7 payment instruments exceeding
8 $300 but less than $20,000.
9 655.50(10)(b)1. 3rd Failure to report financial
10 transactions exceeding $300 but
11 less than $20,000 by financial
12 institution.
13 775.21(10)(a) 3rd Sexual predator; failure to
14 register; failure to renew
15 driver's license or
16 identification card; other
17 registration violations.
18 775.21(10)(b) 3rd Sexual predator working where
19 children regularly congregate.
20 775.21(10)(g) 3rd Failure to report or providing
21 false information about a sexual
22 predator; harbor or conceal a
23 sexual predator.
24 775.21(10)(h)2. 3rd Failure of sexual predator to
25 carry or present driver's license
26 or identification card.
27 782.051(3) 2nd Attempted felony murder of a
28 person by a person other than the
29 perpetrator or the perpetrator of
30 an attempted felony.
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1 782.07(1) 2nd Killing of a human being by the
2 act, procurement, or culpable
3 negligence of another
4 (manslaughter).
5 782.071 2nd Killing of human being or viable
6 fetus by the operation of a motor
7 vehicle in a reckless manner
8 (vehicular homicide).
9 782.072 2nd Killing of a human being by the
10 operation of a vessel in a
11 reckless manner (vessel
12 homicide).
13 784.045(1)(a)1. 2nd Aggravated battery; intentionally
14 causing great bodily harm or
15 disfigurement.
16 784.045(1)(a)2. 2nd Aggravated battery; using deadly
17 weapon.
18 784.045(1)(b) 2nd Aggravated battery; perpetrator
19 aware victim pregnant.
20 784.048(4) 3rd Aggravated stalking; violation of
21 injunction or court order.
22 784.048(7) 3rd Aggravated stalking; violation of
23 court order.
24 784.07(2)(d) 1st Aggravated battery on law
25 enforcement officer.
26 784.074(1)(a) 1st Aggravated battery on sexually
27 violent predators facility staff.
28 784.08(2)(a) 1st Aggravated battery on a person 65
29 years of age or older.
30 784.081(1) 1st Aggravated battery on specified
31 official or employee.
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1 784.082(1) 1st Aggravated battery by detained
2 person on visitor or other
3 detainee.
4 784.083(1) 1st Aggravated battery on code
5 inspector.
6 790.07(4) 1st Specified weapons violation
7 subsequent to previous conviction
8 of s. 790.07(1) or (2).
9 790.16(1) 1st Discharge of a machine gun under
10 specified circumstances.
11 790.165(2) 2nd Manufacture, sell, possess, or
12 deliver hoax bomb.
13 790.165(3) 2nd Possessing, displaying, or
14 threatening to use any hoax bomb
15 while committing or attempting to
16 commit a felony.
17 790.166(3) 2nd Possessing, selling, using, or
18 attempting to use a hoax weapon
19 of mass destruction.
20 790.166(4) 2nd Possessing, displaying, or
21 threatening to use a hoax weapon
22 of mass destruction while
23 committing or attempting to
24 commit a felony.
25 796.03 2nd Procuring any person under 16
26 years for prostitution.
27 800.04(5)(c)1. 2nd Lewd or lascivious molestation;
28 victim less than 12 years of age;
29 offender less than 18 years.
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1 800.04(5)(c)2. 2nd Lewd or lascivious molestation;
2 victim 12 years of age or older
3 but less than 16 years; offender
4 18 years or older.
5 806.01(2) 2nd Maliciously damage structure by
6 fire or explosive.
7 810.02(3)(a) 2nd Burglary of occupied dwelling;
8 unarmed; no assault or battery.
9 810.02(3)(b) 2nd Burglary of unoccupied dwelling;
10 unarmed; no assault or battery.
11 810.02(3)(d) 2nd Burglary of occupied conveyance;
12 unarmed; no assault or battery.
13 812.014(2)(a)1. 1st Property stolen, valued at
14 $100,000 or more; property stolen
15 while causing other property
16 damage; 1st degree grand theft.
17 812.014(2)(b)2. 2nd Property stolen, cargo valued at
18 less than $50,000, grand theft in
19 2nd degree.
20 812.014(2)(b)3. 2nd Property stolen, emergency
21 medical equipment; 2nd degree
22 grand theft.
23 812.0145(2)(a) 1st Theft from person 65 years of age
24 or older; $50,000 or more.
25 812.019(2) 1st Stolen property; initiates,
26 organizes, plans, etc., the theft
27 of property and traffics in
28 stolen property.
29 812.131(2)(a) 2nd Robbery by sudden snatching.
30 812.133(2)(b) 1st Carjacking; no firearm, deadly
31 weapon, or other weapon.
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1 817.234(8)(a) 2nd Solicitation of motor vehicle
2 accident victims with intent to
3 defraud.
4 817.234(9) 2nd Organizing, planning, or
5 participating in an intentional
6 motor vehicle collision.
7 817.234(11)(c) 1st Insurance fraud; property value
8 $100,000 or more.
9 817.2341(2)(b)&
10 (3)(b) 1st Making false entries of material
11 fact or false statements
12 regarding property values
13 relating to the solvency of an
14 insuring entity which are a
15 significant cause of the
16 insolvency of that entity.
17 825.102(3)(b) 2nd Neglecting an elderly person or
18 disabled adult causing great
19 bodily harm, disability, or
20 disfigurement.
21 825.103(2)(b) 2nd Exploiting an elderly person or
22 disabled adult and property is
23 valued at $20,000 or more, but
24 less than $100,000.
25 827.03(3)(b) 2nd Neglect of a child causing great
26 bodily harm, disability, or
27 disfigurement.
28 827.04(3) 3rd Impregnation of a child under 16
29 years of age by person 21 years
30 of age or older.
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1 837.05(2) 3rd Giving false information about
2 alleged capital felony to a law
3 enforcement officer.
4 838.015 2nd Bribery.
5 838.016 2nd Unlawful compensation or reward
6 for official behavior.
7 838.021(3)(a) 2nd Unlawful harm to a public
8 servant.
9 838.22 2nd Bid tampering.
10 847.0135(3) 3rd Solicitation of a child, via a
11 computer service, to commit an
12 unlawful sex act.
13 872.06 2nd Abuse of a dead human body.
14 893.13(1)(c)1. 1st Sell, manufacture, or deliver
15 cocaine (or other drug prohibited
16 under s. 893.03(1)(a), (1)(b),
17 (1)(d), (2)(a), (2)(b), or
18 (2)(c)4.) within 1,000 feet of a
19 child care facility, school, or
20 state, county, or municipal park
21 or publicly owned recreational
22 facility or community center.
23 893.13(1)(e)1. 1st Sell, manufacture, or deliver
24 cocaine or other drug prohibited
25 under s. 893.03(1)(a), (1)(b),
26 (1)(d), (2)(a), (2)(b), or
27 (2)(c)4., within 1,000 feet of
28 property used for religious
29 services or a specified business
30 site.
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1 893.13(4)(a) 1st Deliver to minor cocaine (or
2 other s. 893.03(1)(a), (1)(b),
3 (1)(d), (2)(a), (2)(b), or
4 (2)(c)4. drugs).
5 893.135(1)(a)1. 1st Trafficking in cannabis, more
6 than 25 lbs., less than 2,000
7 lbs.
8 893.135
9 (1)(b)1.a. 1st Trafficking in cocaine, more than
10 28 grams, less than 200 grams.
11 893.135
12 (1)(c)1.a. 1st Trafficking in illegal drugs,
13 more than 4 grams, less than 14
14 grams.
15 893.135
16 (1)(d)1. 1st Trafficking in phencyclidine,
17 more than 28 grams, less than 200
18 grams.
19 893.135(1)(e)1. 1st Trafficking in methaqualone, more
20 than 200 grams, less than 5
21 kilograms.
22 893.135(1)(f)1. 1st Trafficking in amphetamine, more
23 than 14 grams, less than 28
24 grams.
25 893.135
26 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4
27 grams or more, less than 14
28 grams.
29
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1 893.135
2 (1)(h)1.a. 1st Trafficking in
3 gamma-hydroxybutyric acid (GHB),
4 1 kilogram or more, less than 5
5 kilograms.
6 893.135
7 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1
8 kilogram or more, less than 5
9 kilograms.
10 893.135
11 (1)(k)2.a. 1st Trafficking in Phenethylamines,
12 10 grams or more, less than 200
13 grams.
14 896.101(5)(a) 3rd Money laundering, financial
15 transactions exceeding $300 but
16 less than $20,000.
17 896.104(4)(a)1. 3rd Structuring transactions to evade
18 reporting or registration
19 requirements, financial
20 transactions exceeding $300 but
21 less than $20,000.
22 943.0435(4)(c) 2nd Sexual offender vacating
23 permanent residence; failure to
24 comply with reporting
25 requirements.
26 943.0435(8) 2nd Sexual offender; remains in state
27 after indicating intent to leave;
28 failure to comply with reporting
29 requirements.
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1 943.0435(9)(a) 3rd Sexual offender; failure to
2 comply with reporting
3 requirements.
4 943.0435(9)(a)2.b. 3rd Failure of a sexual offender to
5 carry or present driver's license
6 or identification card.
7 943.0435(13) 3rd Failure to report or providing
8 false information about a sexual
9 offender; harbor or conceal a
10 sexual offender.
11 943.0435(14) 3rd Sexual offender; failure to
12 report and reregister; failure to
13 respond to address verification.
14 944.607(9) 3rd Sexual offender; failure to
15 comply with reporting
16 requirements.
17 944.607(10)(a) 3rd Sexual offender; failure to
18 submit to the taking of a
19 digitized photograph.
20 944.607(12) 3rd Failure to report or providing
21 false information about a sexual
22 offender; harbor or conceal a
23 sexual offender.
24 944.607(13) 3rd Sexual offender; failure to
25 report and reregister; failure to
26 respond to address verification.
27 Section 6. Section 1012.465, Florida Statutes, is
28 amended to read:
29 1012.465 Background screening requirements for certain
30 noninstructional school district employees and contractors.--
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1 (1) Noninstructional school district employees or
2 contractual personnel who are permitted access on school
3 grounds when students are present, who have direct contact
4 with students or who have access to or control of school funds
5 must meet level 2 screening requirements as described in s.
6 1012.32. Contractual personnel shall include any vendor,
7 individual, or entity under contract with the school board.
8 (2) Every 5 years following employment or entry into a
9 contract in a capacity described in subsection (1), each
10 person who is so employed or under contract with the school
11 district must meet level 2 screening requirements as described
12 in s. 1012.32, at which time the school district shall request
13 the Department of Law Enforcement to forward the fingerprints
14 to the Federal Bureau of Investigation for the level 2
15 screening. If, for any reason following employment or entry
16 into a contract in a capacity described in subsection (1), the
17 fingerprints of a person who is so employed or under contract
18 with the school district are not retained by the Department of
19 Law Enforcement under s. 1012.32(3)(a) and (b), the person
20 must file a complete set of fingerprints with the district
21 school superintendent of the employing or contracting school
22 district. Upon submission of fingerprints for this purpose,
23 the school district shall request the Department of Law
24 Enforcement to forward the fingerprints to the Federal Bureau
25 of Investigation for the level 2 screening, and the
26 fingerprints shall be retained by the Department of Law
27 Enforcement under s. 1012.32(3)(a) and (b). The cost of the
28 state and federal criminal history check required by level 2
29 screening may be borne by the district school board, the
30 contractor, or the person fingerprinted. Under penalty of
31 perjury, each person who is employed or under contract in a
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1 capacity described in subsection (1) must agree to inform his
2 or her employer or the party with whom he or she is under
3 contract within 48 hours if convicted of any disqualifying
4 offense while he or she is employed or under contract in that
5 capacity.
6 (3) If it is found that a person who is employed or
7 under contract in a capacity described in subsection (1) does
8 not meet the level 2 requirements, the person shall be
9 immediately suspended from working in that capacity and shall
10 remain suspended until final resolution of any appeals.
11 Section 7. Contractual personnel; sexual predator and
12 offender exclusion.--
13 (1) As used in this section, the term:
14 (a) "Contractual personnel" includes the personnel of
15 any vendor, individual, or entity under contract with the
16 school board who are not instructional personnel, as defined
17 in s. 1012.01, Florida Statutes, and who are not subject to
18 background checks under s. 1012.465, Florida Statutes.
19 (b) "School grounds" means the buildings of any public
20 prekindergarten, kindergarten, elementary school, middle
21 school, junior high school, or secondary school and the real
22 property on which the buildings are located. The term "school
23 grounds" does not include any other facilities or locations
24 where school classes or activities may be located or take
25 place.
26 (2)(a) Contractual personnel who are permitted access
27 on school grounds during instructional hours must comply with
28 the following requirements:
29 1. Contractual personnel who are designated as sexual
30 predators under s. 775.21, Florida Statutes, or subject to
31 registration as sexual offenders under s. 943.0435, Florida
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1 Statutes, shall not be on school grounds during instructional
2 hours.
3 2. Each one of the contractual personnel who has been
4 issued a Florida driver's license or identification card
5 shall:
6 a. Show the card to a school district employee prior
7 to commencing work. The employee shall examine it to confirm
8 that it does not have the markings required by s. 322.141,
9 Florida Statutes, that would indicate that the person is a
10 sexual predator under s. 775.21, Florida Statutes, or subject
11 to registration as a sexual offender under s. 943.0435,
12 Florida Statutes.
13 b. Possess the card at all times while working on
14 school grounds and shall show it to any school district
15 employee upon request.
16 3. Contractual personnel who have not been issued or
17 do not have in their possession a Florida driver's license or
18 identification card shall be under the immediate supervision
19 of a school district employee at all times while on school
20 grounds.
21 (b)1. A contractor whose personnel are subject to this
22 section may exempt its personnel from the requirements of
23 sub-subparagraph (a)2.a. by providing the school district with
24 an affidavit under oath certifying that the contractor has
25 examined the Florida driver's license or identification card
26 of each employee who possesses one and that only employees who
27 have been so examined and who comply with subparagraph (a)1.
28 will be working on school grounds during instructional hours.
29 Such an affidavit shall be valid for no longer than the period
30 covered by the contractor's contract with the school district
31 or 1 year, whichever is shorter.
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1 2. In addition to any other penalties, a contractor
2 who violates this paragraph and who holds a professional
3 license subject to either chapter 455, Florida Statutes, or
4 chapter 456, Florida Statutes, commits a violation of s.
5 455.227(1)(a), Florida Statutes, or s. 456.072(1)(a), Florida
6 Statutes, respectively.
7 (c) Each person employed by or under contract with a
8 contractor subject to this section must agree to inform his or
9 her employer or the party with whom he or she is under
10 contract within 48 hours if charged, while he or she is
11 employed or under contract in that capacity, with an offense
12 for which a conviction could lead to the person being
13 designated as a sexual predator under s. 775.21, Florida
14 Statutes, or subject to registration as a sexual offender
15 under s. 943.0435, Florida Statutes.
16 (3) This section does not apply to law enforcement
17 officers, as defined in s. 943.10, Florida Statutes, assigned
18 by their employing agencies to work on school grounds as part
19 of their official duties.
20 Section 8. This act shall take effect July 1, 2006.
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