| 1 | The Justice Council recommends the following: |
| 2 |
|
| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to sexual predators and offenders; |
| 7 | amending s. 322.141, F.S.; requiring distinctive markings |
| 8 | for driver's licenses and identification cards issued to |
| 9 | persons who are designated as sexual predators or subject |
| 10 | to registration as sexual offenders; providing procedures |
| 11 | for offenders to obtain such licenses or identification |
| 12 | cards; providing for initial issuance; providing for |
| 13 | future repeal of a specified provision; amending s. |
| 14 | 322.212, F.S.; prohibiting the alteration of sexual |
| 15 | predator or sexual offender markings on driver's licenses |
| 16 | or identification cards; providing criminal penalties; |
| 17 | amending s. 775.21, F.S.; requiring sexual predators to |
| 18 | obtain a distinctive driver's license or identification |
| 19 | card; amending s. 943.0435, F.S.; requiring sexual |
| 20 | offenders to obtain a distinctive driver's license or |
| 21 | identification card; amending s. 944.607, F.S.; requiring |
| 22 | specified offenders who are under the supervision of the |
| 23 | Department of Corrections but are not incarcerated to |
| 24 | obtain a distinctive driver's license or identification |
| 25 | card; amending ss. 1002.33 and 1003.63, F.S.; revising |
| 26 | cross-references; amending s. 1012.32, F.S.; revising |
| 27 | provisions relating to background screening of school |
| 28 | district personnel; revising provisions relating to |
| 29 | fingerprints; providing procedures for periodic |
| 30 | rescreening of certain personnel; amending s. 1012.465, |
| 31 | F.S.; revising provisions relating to background |
| 32 | screenings of certain noninstructional school district |
| 33 | employees and other specified individuals; revising |
| 34 | provisions relating to periodic rescreening of certain |
| 35 | persons; creating s. 1012.4561, F.S.; providing |
| 36 | definitions; prohibiting contract workers who are |
| 37 | designated as sexual predators, subject to registration as |
| 38 | a sexual offenders, or who appear on the National Sex |
| 39 | Offender Public Registry from being present on school |
| 40 | grounds; providing criminal penalties; requiring contract |
| 41 | workers working on school grounds to be subject to a check |
| 42 | of Florida driver's licenses or identification cards for |
| 43 | the purposes of ascertaining their sexual offender and |
| 44 | sexual predator status and checked against the National |
| 45 | Sex Offender Public Registry; providing duties for certain |
| 46 | contract workers; providing penalties; requiring certain |
| 47 | individuals to report certain offenses; providing |
| 48 | penalties; providing exceptions; providing that no |
| 49 | provision of the section shall give rise to private civil |
| 50 | liability or create a private cause of action for monetary |
| 51 | damages; providing rulemaking authority to school boards; |
| 52 | amending s. 1012.56, F.S.; revising provisions relating to |
| 53 | background screening for educator certification; revising |
| 54 | provisions relating to periodic rescreening of such |
| 55 | persons; providing an appropriation; providing effective |
| 56 | dates. |
| 57 |
|
| 58 | Be It Enacted by the Legislature of the State of Florida: |
| 59 |
|
| 60 | Section 1. Effective August 1, 2006, subsection (3) is |
| 61 | added to section 322.141, Florida Statutes, to read: |
| 62 | 322.141 Color or markings of certain licenses or |
| 63 | identification cards; procedures for sexual offenders and |
| 64 | predators to obtain marked licenses or identification cards.-- |
| 65 | (3) All licenses for the operation of motor vehicles or |
| 66 | identification cards originally issued or reissued by the |
| 67 | department to persons who are designated as sexual predators |
| 68 | under s. 775.21 or subject to registration as sexual offenders |
| 69 | under s. 943.0435 or s. 944.607 shall have on the front of the |
| 70 | license or identification card the following: |
| 71 | (a) For a person designated as a sexual predator under s. |
| 72 | 775.21, the marking "775.21, F.S." |
| 73 | (b) For a person subject to registration as a sexual |
| 74 | offender under s. 943.0435 or s. 944.607, the marking "943.0435, |
| 75 | F.S." |
| 76 | (c) Each sexual predator under s. 775.21 or sexual |
| 77 | offender under s. 943.0435 or s. 944.607 shall report to the |
| 78 | department during the month of his or her reregistration |
| 79 | requirement pursuant to s. 775.21(8), s. 943.0435(14), or s. |
| 80 | 944.607(13) to obtain a marked driver's license or |
| 81 | identification card as required under this subsection unless he |
| 82 | or she previously secured such a marked driver's license or |
| 83 | identification card. |
| 84 | (d) Notwithstanding paragraph (c), sexual predators under |
| 85 | s. 775.21 and sexual offenders under s. 943.0435 or s. 944.607 |
| 86 | whose birth month is January or July must report during the |
| 87 | month of August 2006, to the sheriff's office in the county in |
| 88 | which they reside or, if they have no permanent or temporary |
| 89 | residence, the county in which they are located, to receive |
| 90 | their marked driver's license or identification card as required |
| 91 | by s. 322.141(3). This paragraph expires January 1, 2007. |
| 92 | Section 2. Paragraph (c) is added to subsection (5) of |
| 93 | section 322.212, Florida Statutes, to read: |
| 94 | 322.212 Unauthorized possession of, and other unlawful |
| 95 | acts in relation to, driver's license or identification card.-- |
| 96 | (5) |
| 97 | (c) It is unlawful for any person on or after January 1, |
| 98 | 2007, to knowingly have in his or her possession a driver's |
| 99 | license or identification card upon which the sexual predator or |
| 100 | sexual offender markings required by s. 322.141(3) are not |
| 101 | displayed or have been altered. |
| 102 | Section 3. Paragraph (f) of subsection (6) of section |
| 103 | 775.21, Florida Statutes, is amended to read: |
| 104 | 775.21 The Florida Sexual Predators Act.-- |
| 105 | (6) REGISTRATION.-- |
| 106 | (f) Within 48 hours after the registration required under |
| 107 | paragraph (a) or paragraph (e), a sexual predator who is not |
| 108 | incarcerated and who resides in the community, including a |
| 109 | sexual predator under the supervision of the Department of |
| 110 | Corrections, shall register in person at a driver's license |
| 111 | office of the Department of Highway Safety and Motor Vehicles |
| 112 | and shall present proof of registration. At the driver's license |
| 113 | office the sexual predator shall: |
| 114 | 1. If otherwise qualified, secure a Florida driver's |
| 115 | license, renew a Florida driver's license, or secure an |
| 116 | identification card. The sexual predator shall identify himself |
| 117 | or herself as a sexual predator who is required to comply with |
| 118 | this section, provide his or her place of permanent or temporary |
| 119 | residence, including a rural route address and a post office |
| 120 | box, and submit to the taking of a photograph for use in issuing |
| 121 | a driver's license, renewed license, or identification card, and |
| 122 | for use by the department in maintaining current records of |
| 123 | sexual predators. A post office box shall not be provided in |
| 124 | lieu of a physical residential address. If the sexual predator's |
| 125 | place of residence is a motor vehicle, trailer, mobile home, or |
| 126 | manufactured home, as defined in chapter 320, the sexual |
| 127 | predator shall also provide to the Department of Highway Safety |
| 128 | and Motor Vehicles the vehicle identification number; the |
| 129 | license tag number; the registration number; and a description, |
| 130 | including color scheme, of the motor vehicle, trailer, mobile |
| 131 | home, or manufactured home. If a sexual predator's place of |
| 132 | residence is a vessel, live-aboard vessel, or houseboat, as |
| 133 | defined in chapter 327, the sexual predator shall also provide |
| 134 | to the Department of Highway Safety and Motor Vehicles the hull |
| 135 | identification number; the manufacturer's serial number; the |
| 136 | name of the vessel, live-aboard vessel, or houseboat; the |
| 137 | registration number; and a description, including color scheme, |
| 138 | of the vessel, live-aboard vessel, or houseboat. |
| 139 | 2. Pay the costs assessed by the Department of Highway |
| 140 | Safety and Motor Vehicles for issuing or renewing a driver's |
| 141 | license or identification card as required by this section. The |
| 142 | driver's license or identification card issued shall comply with |
| 143 | s. 322.141(3). |
| 144 | 3. Provide, upon request, any additional information |
| 145 | necessary to confirm the identity of the sexual predator, |
| 146 | including a set of fingerprints. |
| 147 |
|
| 148 | The sheriff shall promptly provide to the department the |
| 149 | information received from the sexual predator. |
| 150 | Section 4. Subsection (3) of section 943.0435, Florida |
| 151 | Statutes, is amended to read: |
| 152 | 943.0435 Sexual offenders required to register with the |
| 153 | department; penalty.-- |
| 154 | (3) Within 48 hours after the report required under |
| 155 | subsection (2), a sexual offender shall report in person at a |
| 156 | driver's license office of the Department of Highway Safety and |
| 157 | Motor Vehicles, unless a driver's license or identification card |
| 158 | that complies with the requirements of s. 322.141(3) was |
| 159 | previously secured or updated under s. 944.607. At the driver's |
| 160 | license office the sexual offender shall: |
| 161 | (a) If otherwise qualified, secure a Florida driver's |
| 162 | license, renew a Florida driver's license, or secure an |
| 163 | identification card. The sexual offender shall identify himself |
| 164 | or herself as a sexual offender who is required to comply with |
| 165 | this section and shall provide proof that the sexual offender |
| 166 | reported as required in subsection (2). The sexual offender |
| 167 | shall provide any of the information specified in subsection |
| 168 | (2), if requested. The sexual offender shall submit to the |
| 169 | taking of a photograph for use in issuing a driver's license, |
| 170 | renewed license, or identification card, and for use by the |
| 171 | department in maintaining current records of sexual offenders. |
| 172 | (b) Pay the costs assessed by the Department of Highway |
| 173 | Safety and Motor Vehicles for issuing or renewing a driver's |
| 174 | license or identification card as required by this section. The |
| 175 | driver's license or identification card issued shall comply with |
| 176 | s. 322.141(3). |
| 177 | (c) Provide, upon request, any additional information |
| 178 | necessary to confirm the identity of the sexual offender, |
| 179 | including a set of fingerprints. |
| 180 | Section 5. Subsection (9) of section 944.607, Florida |
| 181 | Statutes, is amended to read: |
| 182 | 944.607 Notification to Department of Law Enforcement of |
| 183 | information on sexual offenders.-- |
| 184 | (9) A sexual offender, as described in this section, who |
| 185 | is under the supervision of the Department of Corrections but |
| 186 | who is not incarcerated shall, in addition to the registration |
| 187 | requirements provided in subsection (4), register and obtain a |
| 188 | distinctive driver's license or identification card in the |
| 189 | manner provided in s. 943.0435(3), (4), and (5), unless the |
| 190 | sexual offender is a sexual predator, in which case he or she |
| 191 | shall register and obtain a distinctive driver's license or |
| 192 | identification card as required under s. 775.21. A sexual |
| 193 | offender who fails to comply with the requirements of s. |
| 194 | 943.0435 is subject to the penalties provided in s. 943.0435(9). |
| 195 | Section 6. Paragraph (g) of subsection (12) of section |
| 196 | 1002.33, Florida Statutes, is amended to read: |
| 197 | 1002.33 Charter schools.-- |
| 198 | (12) EMPLOYEES OF CHARTER SCHOOLS.-- |
| 199 | (g) A charter school shall employ or contract with |
| 200 | employees who have undergone background screening as required |
| 201 | under provided in s. 1012.32. Members of the governing board of |
| 202 | the charter school shall also undergo background screening in a |
| 203 | manner similar to that required under provided in s. 1012.32. |
| 204 | Section 7. Paragraph (c) of subsection (7) of section |
| 205 | 1003.63, Florida Statutes, is amended to read: |
| 206 | 1003.63 Deregulated public schools pilot program.-- |
| 207 | (7) EXEMPTION FROM STATUTES.-- |
| 208 | (c) A deregulated public school shall employ or contract |
| 209 | with employees who have been fingerprinted as required under |
| 210 | provided in s. 1012.32. |
| 211 | Section 8. Section 1012.32, Florida Statutes, is amended |
| 212 | to read: |
| 213 | 1012.32 Qualifications of personnel; background screening |
| 214 | requirement.-- |
| 215 | (1) To be eligible for appointment in any position in any |
| 216 | district school system, a person shall be of good moral |
| 217 | character; shall have attained the age of 18 years, if he or she |
| 218 | is to be employed in an instructional capacity; and shall, when |
| 219 | required by law, hold a certificate or license issued under |
| 220 | rules of the State Board of Education or the Department of |
| 221 | Children and Family Services, except when employed pursuant to |
| 222 | s. 1012.55 or under the emergency provisions of s. 1012.24. |
| 223 | Previous residence in this state shall not be required in any |
| 224 | school of the state as a prerequisite for any person holding a |
| 225 | valid Florida certificate or license to serve in an |
| 226 | instructional capacity. |
| 227 | (2)(a) Background screening is required of instructional |
| 228 | and noninstructional personnel who are hired or contracted to |
| 229 | fill positions in any district school system and of other |
| 230 | persons authorized by the school district to perform services |
| 231 | for compensation as follows: |
| 232 | 1.(a) Instructional and noninstructional personnel who are |
| 233 | hired or contracted to fill positions requiring direct contact |
| 234 | with students in any district school system or university lab |
| 235 | school shall, upon employment or engagement to provide services, |
| 236 | undergo background screening as required under s. 1012.465 or s. |
| 237 | 1012.56, whichever is applicable. |
| 238 | 2.(b) Instructional and noninstructional personnel who are |
| 239 | hired or contracted to fill positions in any charter school and |
| 240 | members of the governing board of any charter school, in |
| 241 | compliance with s. 1002.33(12)(g), shall, upon employment, |
| 242 | engagement of services, or appointment, undergo background |
| 243 | screening as required under s. 1012.465 or s. 1012.56, whichever |
| 244 | is applicable, by filing with the district school board for the |
| 245 | school district in which the charter school is located a |
| 246 | complete set of fingerprints taken by an authorized law |
| 247 | enforcement agency or an employee of the school or school |
| 248 | district who is trained to take fingerprints. |
| 249 | 3.(c) Instructional and noninstructional personnel who are |
| 250 | hired or contracted to fill positions requiring direct contact |
| 251 | with students in an alternative school that operates under |
| 252 | contract with a district school system shall, upon employment or |
| 253 | engagement to provide services, undergo background screening as |
| 254 | required under s. 1012.465 or s. 1012.56, whichever is |
| 255 | applicable, by filing with the district school board for the |
| 256 | school district to which the alternative school is under |
| 257 | contract a complete set of fingerprints taken by an authorized |
| 258 | law enforcement agency or an employee of the school or school |
| 259 | district who is trained to take fingerprints. |
| 260 | 4.(d) Student teachers, persons participating in a field |
| 261 | experience pursuant to s. 1004.04(6) or s. 1004.85, and persons |
| 262 | participating in a short-term experience as a teacher assistant |
| 263 | pursuant to s. 1004.04(10) in any district school system, lab |
| 264 | school, or charter school shall, upon engagement to provide |
| 265 | services, undergo background screening as required under s. |
| 266 | 1012.56. |
| 267 | (b)1. Background screening shall be initiated by filing |
| 268 | with the district school board for the school district in which |
| 269 | the school, charter school, or lab school is located or to which |
| 270 | the alternative school is under contract a complete set of |
| 271 | fingerprints taken by an individual authorized to take |
| 272 | fingerprints on behalf of an authorized law enforcement agency, |
| 273 | a private service provider, or the school or school district. |
| 274 | 2. Fingerprints required for a background screening shall |
| 275 | be submitted to the Department of Law Enforcement for state |
| 276 | processing and to the Federal Bureau of Investigation for |
| 277 | national federal processing. The Department of Law Enforcement |
| 278 | shall invoice the department for the fingerprints submitted each |
| 279 | month. The school districts shall screen background results to |
| 280 | determine if an applicant meets licensure or employment |
| 281 | requirements. Persons subject to this subsection found through |
| 282 | fingerprint processing to have been convicted of a crime |
| 283 | involving moral turpitude shall not be employed, engaged to |
| 284 | provide services, or serve in any position requiring direct |
| 285 | contact with students. Probationary persons subject to this |
| 286 | subsection terminated because of their criminal record have the |
| 287 | right to appeal such decisions. |
| 288 | 3. The cost of the background screening may be borne by |
| 289 | the district school board, the charter school, the employee, the |
| 290 | contractor, or a person subject to this subsection. |
| 291 | (c) Persons subject to this subsection found through |
| 292 | fingerprint processing to have been convicted of a crime |
| 293 | involving moral turpitude shall not be employed, engaged to |
| 294 | provide services, or serve in any position requiring direct |
| 295 | contact with students. Persons subject to this subsection |
| 296 | terminated because of their criminal record have the right to |
| 297 | appeal such decisions. |
| 298 | (3)(a) Beginning July 1, 2004, All fingerprints submitted |
| 299 | to the Department of Law Enforcement as required by subsection |
| 300 | (2) shall be retained by the Department of Law Enforcement in a |
| 301 | manner provided by rule and entered in the statewide automated |
| 302 | fingerprint identification system authorized by s. 943.05(2)(b). |
| 303 | Such fingerprints shall thereafter be available for all purposes |
| 304 | and uses authorized for arrest fingerprint cards entered in the |
| 305 | statewide automated fingerprint identification system pursuant |
| 306 | to s. 943.051. |
| 307 | (b) Beginning December 15, 2004, The Department of Law |
| 308 | Enforcement shall search all arrest fingerprint cards received |
| 309 | under s. 943.051 against the fingerprints retained in the |
| 310 | statewide automated fingerprint identification system under |
| 311 | paragraph (a). Any arrest record that is identified with the |
| 312 | retained fingerprints of a person subject to the background |
| 313 | screening under this section shall be reported to the employing |
| 314 | or contracting school district or the school district with which |
| 315 | the person is affiliated. Each school district is required to |
| 316 | participate in this search process by payment of an annual fee |
| 317 | to the Department of Law Enforcement and by informing the |
| 318 | Department of Law Enforcement of any change in the affiliation, |
| 319 | employment, or contractual status or place of affiliation, |
| 320 | employment, or contracting of individuals its instructional and |
| 321 | noninstructional personnel whose fingerprints are retained under |
| 322 | paragraph (a). The Department of Law Enforcement shall adopt a |
| 323 | rule setting the amount of the annual fee to be imposed upon |
| 324 | each school district for performing these searches and |
| 325 | establishing the procedures for the retention of instructional |
| 326 | and noninstructional personnel fingerprints and the |
| 327 | dissemination of search results. The fee may be borne by the |
| 328 | district school board, the contractor, or the person |
| 329 | fingerprinted. |
| 330 | (c) Personnel whose fingerprints are not retained by the |
| 331 | Department of Law Enforcement under paragraphs (a) and (b) are |
| 332 | required to be refingerprinted and must meet the applicable |
| 333 | level 2 screening standards requirements as described in this |
| 334 | section upon reemployment or reengagement to provide services in |
| 335 | order to comply with the requirements of this subsection. |
| 336 | (4) For each person subject to background screening under |
| 337 | this section who is required by law to be rescreened |
| 338 | periodically, the district school board shall request the |
| 339 | Department of Law Enforcement to forward the person's |
| 340 | fingerprints for rescreening purposes to the Federal Bureau of |
| 341 | Investigation for national processing. If the person's |
| 342 | fingerprints were not retained by the Department of Law |
| 343 | Enforcement after the initial screening, the person must file a |
| 344 | complete set of fingerprints. Upon submission of fingerprints |
| 345 | for this purpose, the district school board shall request the |
| 346 | Department of Law Enforcement to forward the fingerprints to the |
| 347 | Federal Bureau of Investigation for national processing, and the |
| 348 | fingerprints shall be retained by the Department of Law |
| 349 | Enforcement under paragraphs (3)(a) and (b). The cost of the |
| 350 | rescreening may be borne by the district school board, the |
| 351 | charter school, the employee, the contractor, or any other |
| 352 | person subject to rescreening as specified in this subsection. |
| 353 | Section 9. Section 1012.465, Florida Statutes, is amended |
| 354 | to read: |
| 355 | 1012.465 Background screening requirements for certain |
| 356 | noninstructional school district employees and other specified |
| 357 | individuals contractors.-- |
| 358 | (1) For purposes of s. 1012.32, the following individuals |
| 359 | Noninstructional school district employees or contractual |
| 360 | personnel who are permitted access on school grounds when |
| 361 | students are present, who have direct contact with students or |
| 362 | who have access to or control of school funds must meet the |
| 363 | level 2 screening standards in s. 435.04: requirements as |
| 364 | described in s. 1012.32. |
| 365 | (a) Noninstructional school district employees who have |
| 366 | direct, unsupervised contact with students or who have access to |
| 367 | or control of school funds. |
| 368 | (b) Other individuals who are authorized by the school |
| 369 | district to perform services for compensation and that involve |
| 370 | access to or control of school funds. |
| 371 | (c) Other individuals who are authorized by the school |
| 372 | district to perform services for compensation that involve |
| 373 | direct, unsupervised contact with students. This paragraph does |
| 374 | not apply to any individual who, by law due to the nature of his |
| 375 | or her occupation or business, is required to submit to a state |
| 376 | and national criminal history check for licensing or other |
| 377 | purposes, if such license or other certificate is current and in |
| 378 | good standing and the individual submits proof of good standing |
| 379 | to the school district. Contractual personnel shall include any |
| 380 | vendor, individual, or entity under contract with the school |
| 381 | board. |
| 382 | (2) The Department of Law Enforcement shall implement a |
| 383 | system that allows for criminal history record information |
| 384 | provided under paragraph (1)(c) to a school district to be |
| 385 | shared with other school districts through a secure website or |
| 386 | other electronic means. |
| 387 | (3) An individual subject to paragraph (1)(c) shall inform |
| 388 | a school district if he or she has had a criminal history check |
| 389 | in another school district within the last 5 years. If he or she |
| 390 | has had such a check, the school district shall verify the |
| 391 | results of the contractor's criminal history check using the |
| 392 | shared system implemented under paragraph (2). The school |
| 393 | district shall not charge the individual a fee for verifying the |
| 394 | results of his or her criminal history check. |
| 395 | (4)(a)(2) In accordance with s. 1012.32(4), every 5 years |
| 396 | following employment or entry into a contract in a capacity |
| 397 | described in subsection (1), each person who is so employed or |
| 398 | under contract with the school district must meet the level 2 |
| 399 | screening standards of s. 435.04 requirements as described in s. |
| 400 | 1012.32, at which time the school district shall request the |
| 401 | Department of Law Enforcement to forward the fingerprints to the |
| 402 | Federal Bureau of Investigation for the level 2 screening. If, |
| 403 | for any reason following employment or entry into a contract in |
| 404 | a capacity described in subsection (1), the fingerprints of a |
| 405 | person who is so employed or under contract with the school |
| 406 | district are not retained by the Department of Law Enforcement |
| 407 | under s. 1012.32(3)(a) and (b), the person must file a complete |
| 408 | set of fingerprints with the district school superintendent of |
| 409 | the employing or contracting school district. Upon submission of |
| 410 | fingerprints for this purpose, the school district shall request |
| 411 | the Department of Law Enforcement to forward the fingerprints to |
| 412 | the Federal Bureau of Investigation for the level 2 screening, |
| 413 | and the fingerprints shall be retained by the Department of Law |
| 414 | Enforcement under s. 1012.32(3)(a) and (b). The cost of the |
| 415 | state and federal criminal history check required by level 2 |
| 416 | screening may be borne by the district school board, the |
| 417 | contractor, or the person fingerprinted. |
| 418 | (b) Under penalty of perjury, each person who is employed |
| 419 | or under contract in a capacity described in subsection (1) must |
| 420 | agree to inform his or her employer or the party with whom he or |
| 421 | she is under contract within 48 hours if convicted of any |
| 422 | disqualifying offense while he or she is employed or under |
| 423 | contract in that capacity. |
| 424 | (5)(3) If it is found that a person who is employed or |
| 425 | under contract in a capacity described in subsection (1) does |
| 426 | not meet the level 2 screening standards of s. 435.04 |
| 427 | requirements, the person shall be immediately suspended from |
| 428 | working in that capacity and shall remain suspended until final |
| 429 | resolution of any appeals. |
| 430 | Section 10. Section 1012.4561, Florida Statutes, is |
| 431 | created to read: |
| 432 | 1012.4561 Contractors and contract workers having access |
| 433 | to school grounds when students are present; exclusions.-- |
| 434 | (1) As used in this section, the term: |
| 435 | (a) "Contractor" means a person who is engaged by the |
| 436 | school district to provide goods or services for compensation |
| 437 | that do not involve direct, unsupervised contact with students |
| 438 | and who employs contract workers or subcontracts with a person |
| 439 | who employs contract workers to provide such goods or services. |
| 440 | "Contractor" also means an individual who is engaged by a school |
| 441 | district to provide such goods or services for compensation. |
| 442 | (b) "Contract worker" means a contractor or any |
| 443 | individual, other than an individual described in s. 1012.465(1) |
| 444 | or s. 1012.56, who has access to school grounds for business or |
| 445 | employment purposes of a contractor for compensation when |
| 446 | students are present. |
| 447 | (c) "School grounds" means the buildings and grounds of |
| 448 | any public prekindergarten, kindergarten, elementary school, |
| 449 | middle school, junior high school, high school, or secondary |
| 450 | school, together with the school district land on which the |
| 451 | buildings are located. The term "school grounds" does not |
| 452 | include: |
| 453 | 1. Any other facility or location where school classes or |
| 454 | activities may be located or take place; |
| 455 | 2. Any buildings or grounds described in this paragraph |
| 456 | during any time period in which students are not permitted |
| 457 | access; or |
| 458 | 3. Any building described in this paragraph during any |
| 459 | period in which it is used as an adult, career, or technical |
| 460 | center under part IV of chapter 1004. |
| 461 | (2) A contract worker who is designated as a sexual |
| 462 | predator under s. 775.21, who is subject to registration as a |
| 463 | sexual offender under s. 943.0435, or who appears on the |
| 464 | National Sex Offender Public Registry maintained by the United |
| 465 | States Department of Justice may not be on school grounds. A |
| 466 | contract worker who is present on school grounds in violation of |
| 467 | this subsection commits a misdemeanor of the first degree, |
| 468 | punishable as provided in s. 775.082 or s. 775.083. |
| 469 | (3)(a) Before allowing a contract worker to have access to |
| 470 | school grounds, a contractor must provide the school district |
| 471 | with certification that the contractor has: |
| 472 | 1. For an individual who holds a Florida driver's license |
| 473 | or identification card, examined the contract worker's license |
| 474 | or identification card and confirmed that it does not have the |
| 475 | markings required by s. 322.141(3). The requirements of this |
| 476 | subparagraph do not apply to certifications made before January |
| 477 | 1, 2007. |
| 478 | 2. Checked and confirmed that the individual is not on the |
| 479 | National Sex Offender Public Registry. |
| 480 |
|
| 481 | The contractor shall make its records supporting the |
| 482 | certification available for inspection at the request of a |
| 483 | school district employee. |
| 484 | (b)1. Each contract worker who has been issued a Florida |
| 485 | driver's license or identification card shall possess the card |
| 486 | at all times while working on school grounds and shall show it |
| 487 | to any school district employee upon request. |
| 488 | 2. Each contract worker who has not been issued or does |
| 489 | not have in his or her possession a Florida driver's license or |
| 490 | identification card shall submit to a check against the National |
| 491 | Sex Offender Public Registry upon the request of any school |
| 492 | district employee. |
| 493 | (c) Any person who knowingly and willfully violates this |
| 494 | subsection and who holds a professional license under chapter |
| 495 | 455 commits an act constituting grounds for discipline as |
| 496 | described in s. 455.227(1)(a). Any person who knowingly and |
| 497 | willfully violates this subsection and who holds a professional |
| 498 | license under chapter 456 commits an act constituting grounds |
| 499 | for discipline as described in s. 456.072(1)(a). |
| 500 | (d) An contract worker must inform the contractor within |
| 501 | 48 hours if he or she is arrested for an offense for which a |
| 502 | conviction could lead to the person being designated as a sexual |
| 503 | predator under s. 775.21 or subject to registration as a sexual |
| 504 | offender under s. 943.0435. A person who willfully fails to |
| 505 | comply with this paragraph commits a misdemeanor of the first |
| 506 | degree, punishable as provided in s. 775.082 or s. 775.083. |
| 507 | (4) This section does not apply to law enforcement |
| 508 | officers, as defined in s. 943.10, assigned by their employing |
| 509 | agencies to work on school grounds as part of their official |
| 510 | duties or first responder personnel responding to a request for |
| 511 | assistance. For purposes of this subsection, the term "first |
| 512 | responder personnel" includes law enforcement officers, as |
| 513 | defined in s. 943.10, emergency medical technicians, paramedics, |
| 514 | and firefighters. |
| 515 | (5) This section may not give rise to any private civil |
| 516 | liability nor be construed to create a private cause of action |
| 517 | for monetary damages. |
| 518 | (6) A school board may adopt rules under ss. 120.536(1) |
| 519 | and 120.54 to implement the provisions of this section. |
| 520 | Section 11. Subsection (9) of section 1012.56, Florida |
| 521 | Statutes, is amended to read: |
| 522 | 1012.56 Educator certification requirements.-- |
| 523 | (9) BACKGROUND SCREENING REQUIRED, INITIALLY AND |
| 524 | PERIODICALLY.-- |
| 525 | (a) For purposes of s. 1012.32, each person who seeks |
| 526 | certification under this chapter must meet the level 2 screening |
| 527 | standards of s. 435.04 requirements as described in s. 1012.32 |
| 528 | unless a level 2 screening has been conducted by a district |
| 529 | school board or the Department of Education within 12 months |
| 530 | before the date the person initially obtains certification under |
| 531 | this chapter, the results of which are submitted to the district |
| 532 | school board or to the Department of Education. |
| 533 | (b)1. A person may not receive a certificate under this |
| 534 | chapter until the level 2 screening under s. 435.04 has been |
| 535 | completed and the results have been submitted to the Department |
| 536 | of Education or to the district school superintendent of the |
| 537 | school district that employs the person. |
| 538 | 2. In accordance with s. 1012.32(4), every 5 years after |
| 539 | obtaining initial certification, each person who is required to |
| 540 | be certified under this chapter must meet the level 2 screening |
| 541 | standards of s. 435.04 requirements as described in s. 1012.32, |
| 542 | at which time the school district shall request the Department |
| 543 | of Law Enforcement to forward the fingerprints to the Federal |
| 544 | Bureau of Investigation for the level 2 screening. If, for any |
| 545 | reason after obtaining initial certification, the fingerprints |
| 546 | of a person who is required to be certified under this chapter |
| 547 | are not retained by the Department of Law Enforcement under s. |
| 548 | 1012.32(3)(a) and (b), the person must file a complete set of |
| 549 | fingerprints with the district school superintendent of the |
| 550 | employing school district. Upon submission of fingerprints for |
| 551 | this purpose, the school district shall request the Department |
| 552 | of Law Enforcement to forward the fingerprints to the Federal |
| 553 | Bureau of Investigation for the level 2 screening, and the |
| 554 | fingerprints shall be retained by the Department of Law |
| 555 | Enforcement under s. 1012.32(3)(a) and (b). The cost of the |
| 556 | state and federal criminal history check required by level 2 |
| 557 | screening may be borne by the district school board or the |
| 558 | employee. |
| 559 | 3. Under penalty of perjury, each person who is certified |
| 560 | under this chapter must agree to inform his or her employer |
| 561 | within 48 hours if convicted of any disqualifying offense while |
| 562 | he or she is employed in a position for which such certification |
| 563 | is required. |
| 564 | (c) If it is found under s. 1012.796 that a person who is |
| 565 | employed in a position requiring certification under this |
| 566 | chapter does not meet the level 2 screening standards of s. |
| 567 | 435.04 requirements, the person's certification shall be |
| 568 | immediately revoked or suspended and he or she shall be |
| 569 | immediately suspended from the position requiring certification. |
| 570 | Section 12. The sum of $30,000 is appropriated from the |
| 571 | Highway Safety Operating Trust Fund to the Department of Highway |
| 572 | Safety and Motor Vehicles for the 2006-2007 fiscal year for |
| 573 | computer programming costs related to this act. |
| 574 | Section 13. Except as otherwise expressly provided in this |
| 575 | act, this act shall take effect July 1, 2006. |