HB 7117

1
A bill to be entitled
2An act relating to sexual predators and offenders;
3amending s. 322.141, F.S.; requiring distinctive markings
4for driver's licenses and identification cards issued to
5persons who are designated as sexual predators or subject
6to registration as sexual offenders; amending s. 322.212,
7F.S.; prohibiting the alteration of sexual predator or
8sexual offender markings on driver's licenses or
9identification cards, for which there are criminal
10penalties; amending s. 775.21, F.S.; requiring sexual
11predators to obtain a distinctive driver's license or
12identification card; amending s. 943.0435, F.S.; requiring
13sexual offenders to obtain a distinctive driver's license
14or identification card; amending s. 944.607, F.S.;
15requiring specified offenders who are under the
16supervision of the Department of Corrections but are not
17incarcerated to obtain a distinctive driver's license or
18identification card; amending s. 1012.465, F.S.; revising
19provisions relating to background screenings of certain
20noninstructional school district employees and other
21specified individuals; creating s. 1012.4561, F.S.;
22providing definitions; prohibiting authorized individuals
23who are designated as sexual predators, subject to
24registration as a sexual offenders, or who appear on the
25National Sex Offender Public Registry from being present
26on school grounds; providing criminal penalties; requiring
27authorized individuals working on school grounds to be
28subject to a check of Florida driver's licenses or
29identification cards for the purposes of ascertaining
30their sexual offender and sexual predator status and
31checked against the National Sex Offender Public Registry;
32providing duties for certain authorized individuals;
33providing penalties; allowing school superintendents on a
34case-by-case basis to require certain individuals to
35undergo a fingerprint-based background screening to meet
36specified standards; providing for submission of
37fingerprints; providing for fees; requiring creation of an
38electronic system for sharing screening results among
39school districts; providing for storage, use, and purging
40of fingerprints submitted for background checks; providing
41rulemaking authority to the Department of Law Enforcement;
42requiring certain individuals to report certain offenses;
43providing penalties; providing exceptions; providing that
44no provision of the section shall give rise to private
45civil liability or create a private cause of action for
46monetary damages; providing rulemaking authority to school
47boards; providing effective dates.
48
49Be It Enacted by the Legislature of the State of Florida:
50
51     Section 1.  Effective August 1, 2006, subsection (3) is
52added to section 322.141, Florida Statutes, to read:
53     322.141  Color or markings of certain licenses or
54identification cards.--
55     (3)  All licenses for the operation of motor vehicles or
56identification cards originally issued or reissued by the
57department to persons who are designated as sexual predators
58under s. 775.21 or subject to registration as sexual offenders
59under s. 943.0435 shall have on the front of the license or
60identification card the following:
61     (a)  For a person designated as a sexual predator under s.
62775.21, the marking "775.21, F.S."
63     (b)  For a person subject to registration as a sexual
64offender under s. 943.0435, the marking "943.0435, F.S."
65     Section 2.  Effective August 15, 2006, paragraph (c) is
66added to subsection (5) of section 322.212, Florida Statutes, to
67read:
68     322.212  Unauthorized possession of, and other unlawful
69acts in relation to, driver's license or identification card.--
70     (5)
71     (c)  It is unlawful for any person to have in his or her
72possession a driver's license or identification card upon which
73the sexual predator or sexual offender markings required by s.
74322.141 are not displayed or have been altered.
75     Section 3.  Paragraph (f) of subsection (6) of section
76775.21, Florida Statutes, is amended to read:
77     775.21  The Florida Sexual Predators Act.--
78     (6)  REGISTRATION.--
79     (f)  Within 48 hours after the registration required under
80paragraph (a) or paragraph (e), a sexual predator who is not
81incarcerated and who resides in the community, including a
82sexual predator under the supervision of the Department of
83Corrections, shall register in person at a driver's license
84office of the Department of Highway Safety and Motor Vehicles
85and shall present proof of registration. At the driver's license
86office the sexual predator shall:
87     1.  If otherwise qualified, secure a Florida driver's
88license, renew a Florida driver's license, or secure an
89identification card. The sexual predator shall identify himself
90or herself as a sexual predator who is required to comply with
91this section, provide his or her place of permanent or temporary
92residence, including a rural route address and a post office
93box, and submit to the taking of a photograph for use in issuing
94a driver's license, renewed license, or identification card, and
95for use by the department in maintaining current records of
96sexual predators. A post office box shall not be provided in
97lieu of a physical residential address. If the sexual predator's
98place of residence is a motor vehicle, trailer, mobile home, or
99manufactured home, as defined in chapter 320, the sexual
100predator shall also provide to the Department of Highway Safety
101and Motor Vehicles the vehicle identification number; the
102license tag number; the registration number; and a description,
103including color scheme, of the motor vehicle, trailer, mobile
104home, or manufactured home. If a sexual predator's place of
105residence is a vessel, live-aboard vessel, or houseboat, as
106defined in chapter 327, the sexual predator shall also provide
107to the Department of Highway Safety and Motor Vehicles the hull
108identification number; the manufacturer's serial number; the
109name of the vessel, live-aboard vessel, or houseboat; the
110registration number; and a description, including color scheme,
111of the vessel, live-aboard vessel, or houseboat.
112     2.  Pay the costs assessed by the Department of Highway
113Safety and Motor Vehicles for issuing or renewing a driver's
114license or identification card as required by this section. The
115driver's license or identification card issued shall comply with
116s. 322.141(3).
117     3.  Provide, upon request, any additional information
118necessary to confirm the identity of the sexual predator,
119including a set of fingerprints.
120
121The sheriff shall promptly provide to the department the
122information received from the sexual predator.
123     Section 4.  Subsection (3) of section 943.0435, Florida
124Statutes, is amended to read:
125     943.0435  Sexual offenders required to register with the
126department; penalty.--
127     (3)  Within 48 hours after the report required under
128subsection (2), a sexual offender shall report in person at a
129driver's license office of the Department of Highway Safety and
130Motor Vehicles, unless a driver's license or identification card
131that complies with the requirements of s. 322.141(3) was
132previously secured or updated under s. 944.607. At the driver's
133license office the sexual offender shall:
134     (a)  If otherwise qualified, secure a Florida driver's
135license, renew a Florida driver's license, or secure an
136identification card. The sexual offender shall identify himself
137or herself as a sexual offender who is required to comply with
138this section and shall provide proof that the sexual offender
139reported as required in subsection (2). The sexual offender
140shall provide any of the information specified in subsection
141(2), if requested. The sexual offender shall submit to the
142taking of a photograph for use in issuing a driver's license,
143renewed license, or identification card, and for use by the
144department in maintaining current records of sexual offenders.
145     (b)  Pay the costs assessed by the Department of Highway
146Safety and Motor Vehicles for issuing or renewing a driver's
147license or identification card as required by this section. The
148driver's license or identification card issued shall comply with
149s. 322.141(3).
150     (c)  Provide, upon request, any additional information
151necessary to confirm the identity of the sexual offender,
152including a set of fingerprints.
153     Section 5.  Subsection (9) of section 944.607, Florida
154Statutes, is amended to read:
155     944.607  Notification to Department of Law Enforcement of
156information on sexual offenders.--
157     (9)  A sexual offender, as described in this section, who
158is under the supervision of the Department of Corrections but
159who is not incarcerated shall, in addition to the registration
160requirements provided in subsection (4), register and obtain a
161distinctive driver's license or identification card in the
162manner provided in s. 943.0435(3), (4), and (5), unless the
163sexual offender is a sexual predator, in which case he or she
164shall register and obtain a distinctive driver's license or
165identification card as required under s. 775.21. A sexual
166offender who fails to comply with the requirements of s.
167943.0435 is subject to the penalties provided in s. 943.0435(9).
168     Section 6.  Subsection (1) of section 1012.465, Florida
169Statutes, is amended to read:
170     1012.465  Background screening requirements for certain
171noninstructional school district employees and other specified
172individuals contractors.--
173     (1)  The following individuals Noninstructional school
174district employees or contractual personnel who are permitted
175access on school grounds when students are present, who have
176direct contact with students or who have access to or control of
177school funds must meet level 2 screening requirements as
178described in s. 1012.32:.
179     (a)  Noninstructional school district employees who have
180direct contact with students.
181     (b)  Other individuals who are specifically authorized by
182the school district to perform services for compensation that
183involve direct contact with students.
184     (c)  Noninstructional school district personnel who have
185access to or control of school funds.
186     (d)  Any other individuals who, for compensation, are
187authorized to have access to or control of school funds.
188Contractual personnel shall include any vendor, individual, or
189entity under contract with the school board.
190     Section 7.  Section 1012.4561, Florida Statutes, is created
191to read:
192     1012.4561  Individuals permitted access to school grounds
193for business or employment purposes when students are present;
194exclusions.--
195     (1)  As used in this section, the term:
196     (a)  "Authorized individual" means any individual who is
197authorized to have access to school grounds for business or
198employment purposes when students are present, other than a
199school district employee or any other individual referred to in
200s. 1012.465(1).
201     (b)  "Contractor" means a person or an entity, regardless
202of form, that is engaged by the school district to provide goods
203or services and that, in furtherance of such engagement, employs
204authorized individuals or subcontracts with others who employ
205authorized individuals. The term "contractor" also includes an
206authorized individual who is directly engaged by the school
207district to provide goods or services.
208     (c)  "School grounds" means the buildings and grounds of
209any public prekindergarten, kindergarten, elementary school,
210middle school, junior high school, high school, or secondary
211school, together with the school district land on which the
212buildings are located. The term "school grounds" does not
213include:
214     1.  Any other facility or location where school classes or
215activities may be located or take place;
216     2.  The buildings and grounds of any public
217prekindergarten, kindergarten, elementary school, middle school,
218junior high school, high school, or secondary school or
219contiguous school district land during any time period in which
220students are not permitted access; or
221     3.  Any building described in this paragraph during any
222period in which it is used solely as a career or technical
223center under part IV of chapter 1004.
224     (2)  An authorized individual who is designated as a sexual
225predator under s. 775.21, who is subject to registration as a
226sexual offender under s. 943.0435, or who appears on the
227National Sex Offender Public Registry maintained by the United
228States Department of Justice shall not be entitled to be present
229on school grounds. An authorized individual who is present on
230school grounds in violation of this subsection commits a
231misdemeanor of the first degree, punishable as provided in s.
232775.082 or s. 775.083.
233     (3)(a)  Before allowing an authorized individual to have
234access to school grounds, a contractor must provide the school
235district with certification that the contractor has:
236     1.  For an individual who holds a Florida driver's license
237or identification card, examined the individual's driver's
238license or identification card and confirmed that the driver's
239license or identification card does not have the markings
240required by s. 322.141, indicating that the person is a sexual
241predator or subject to registration as a sexual offender.
242     2.  Checked the individual against the National Sex
243Offender Public Registry and confirmed that nothing in the
244registry requires that the individual be denied access to school
245grounds.
246
247The contractor shall make its records supporting the
248certification available for inspection at the request of the
249school district.
250     (b)1.  Each authorized individual who has been issued a
251Florida driver's license or identification card shall possess
252the card at all times while working on school grounds and shall
253show it to any school district employee upon request.
254     2.  Each authorized individual who has not been issued or
255does not have in his or her possession a Florida driver's
256license or identification card shall submit to a check against
257the National Sex Offender Public Registry upon request of any
258school district employee to confirm that nothing in that
259registry requires that the individual be denied access to school
260grounds.
261     (c)  Any person who knowingly and willfully violates this
262subsection and who holds a professional license under chapter
263455 commits an act constituting grounds for discipline as
264described in s. 455.227(1)(a). Any person who knowingly and
265willfully violates this subsection and who holds a professional
266license under chapter 456 commits an act constituting grounds
267for discipline as described in s. 456.072(1)(a).
268     (d)  Each authorized individual must inform his or her
269employer or the party with whom he or she is under contract
270within 48 hours if charged, while he or she is employed or under
271contract in that capacity, with an offense for which a
272conviction could lead to the person being designated as a sexual
273predator under s. 775.21 or subject to registration as a sexual
274offender under s. 943.0435. A person who willfully fails to
275comply with this paragraph commits a felony of the third degree,
276punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
277     (4)  On a case-by-case basis, a superintendent may require
278any authorized individual to undergo a fingerprint-based
279background screening and meet level 2 screening requirements as
280described in s. 1012.32. A recheck of such authorized individual
281shall be performed at least once every 3 years.
282     (a)  For the initial check of each individual subject to
283the background criminal history check requirements in this
284subsection, the individual shall file a complete set of
285fingerprints. Fingerprints shall be submitted to the Department
286of Law Enforcement for state processing and to the Federal
287Bureau of Investigation for federal processing.
288     (b)  The results of each fingerprint-based background
289screening shall be reported to the requesting district.
290     (c)  The cost of the initial check of state and federal
291criminal history and a recheck every 3 years may be borne by the
292district school board, the individual fingerprinted, or the
293individual's employer. Any fee for the initial check of state
294and federal criminal history and a recheck every 3 years per
295person fingerprinted charged by a district school board may not
296exceed the sum of fees charged by the Department of Law
297Enforcement, the Federal Bureau of Investigation, and the
298Department of Education, plus an additional administrative fee
299specified by the school board, which shall not exceed 25 percent
300of the sum of the other fees specified in this paragraph.
301     (d)  For any required checks during the 3-year period
302subsequent to the initial check or the 3-year period subsequent
303to a recheck, the individual shall inform the district school
304board requiring the check that he or she has already completed a
305current records check and that district shall, without charge to
306the individual, check the individual's history using the shared
307system provided in subsection (5).
308     (e)  An authorized individual who is subject to the case-
309by-case screening provisions of this subsection must inform the
310contractor and the school district within 48 hours if he or she
311is charged with any offense that would require him or her to be
312barred from school grounds under subsection (2). A person who
313willfully fails to comply with this paragraph commits a felony
314of the third degree, punishable as provided in s. 775.082, s.
315775.083, or s. 775.084.
316     (5)(a)  The Department of Law Enforcement shall implement a
317system that allows for criminal history record information
318provided to a school district to be shared with other school
319districts through a secure website or other electronic means.
320     (b)  As authorized by law, the Department of Law
321Enforcement shall retain the fingerprints submitted by the
322school districts pursuant to this subsection to the Department
323of Law Enforcement for a criminal history background screening
324in a manner provided by rule and enter the fingerprints in the
325statewide automated fingerprint identification system authorized
326by s. 943.05(2)(b). The fingerprints shall thereafter be
327available for all purposes and uses authorized for arrest
328fingerprint cards entered into the statewide automated
329fingerprint identification system under s. 943.051.
330     (c)  As authorized by law, the Department of Law
331Enforcement shall search all arrest fingerprint cards received
332under s. 943.051 against the fingerprints retained in the
333statewide automated fingerprint identification system under
334paragraph (b).
335     (d)  School districts may participate in the search process
336described in this subsection by payment of an annual fee to the
337Department of Law Enforcement.
338     (e)  A fingerprint retained pursuant to this subsection
339shall be purged from the automated fingerprint identification
340system 3 years from the date the fingerprint was initially
341submitted. The Department of Law Enforcement shall set the
342amount of the annual fee to be imposed upon each participating
343agency for performing these searches and establishing the
344procedures for the retention of fingerprints and the
345dissemination of search results. The fee may be borne as
346provided by law. Fees may be waived or reduced by the executive
347director of the Department of Law Enforcement for good cause
348shown.
349     (f)  The Department of Law Enforcement may adopt rules
350under ss. 120.536(1) and 120.54 to implement the provisions of
351this subsection.
352     (6)  This section does not apply to law enforcement
353officers, as defined in s. 943.10, assigned by their employing
354agencies to work on school grounds as part of their official
355duties or first responder personnel responding to a request for
356assistance. For purposes of this subsection, the term "first
357responder personnel" includes law enforcement officers, as
358defined in s. 943.10, emergency medical technicians, paramedics,
359and firefighters.
360     (7)  No provision of this section shall give rise to any
361private civil liability, nor shall this section be construed to
362create a private cause of action for monetary damages.
363     (8)  A school board may adopt rules under ss. 120.536(1)
364and 120.54 to implement the provisions of this section.
365     Section 8.  Except as otherwise expressly provided in this
366act, this act shall take effect July 1, 2006.


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