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; providing procedures
7for offenders to obtain such licenses or identification
8cards; providing for initial issuance; providing for
9future repeal of a specified provision; amending s.
10322.212, F.S.; prohibiting the alteration of sexual
11predator or sexual offender markings on driver's licenses
12or identification cards; providing criminal penalties;
13amending s. 775.21, F.S.; requiring sexual predators to
14obtain a distinctive driver's license or identification
15card; amending s. 943.0435, F.S.; requiring sexual
16offenders to obtain a distinctive driver's license or
17identification card; amending s. 944.607, F.S.; requiring
18specified offenders who are under the supervision of the
19Department of Corrections but are not incarcerated to
20obtain a distinctive driver's license or identification
21card; amending ss. 1002.33 and 1003.63, F.S.; revising
22cross-references; amending s. 1012.32, F.S.; revising
23provisions relating to background screening of school
24district personnel; revising provisions relating to
25fingerprints; providing procedures for periodic
26rescreening of certain personnel; amending s. 1012.465,
27F.S.; revising provisions relating to background
28screenings of certain noninstructional school district
29employees and other specified individuals; revising
30provisions relating to periodic rescreening of certain
31persons; creating s. 1012.4561, F.S.; providing
32definitions; prohibiting contract workers who are
33designated as sexual predators, subject to registration as
34a sexual offenders, or who appear on the National Sex
35Offender Public Registry from being present on school
36grounds; providing criminal penalties; requiring contract
37workers working on school grounds to be subject to a check
38of Florida driver's licenses or identification cards for
39the purposes of ascertaining their sexual offender and
40sexual predator status and checked against the National
41Sex Offender Public Registry; providing duties for certain
42contract workers; providing penalties; requiring certain
43individuals to report certain offenses; providing
44penalties; providing exceptions; providing that no
45provision of the section shall give rise to private civil
46liability or create a private cause of action for monetary
47damages; providing rulemaking authority to school boards;
48amending s. 1012.56, F.S.; revising provisions relating to
49background screening for educator certification; revising
50provisions relating to periodic rescreening of such
51persons; providing an appropriation; providing effective
52dates.
53
54Be It Enacted by the Legislature of the State of Florida:
55
56     Section 1.  Effective August 1, 2006, subsection (3) is
57added to section 322.141, Florida Statutes, to read:
58     322.141  Color or markings of certain licenses or
59identification cards; procedures for sexual offenders and
60predators to obtain marked licenses or identification cards.--
61     (3)  All licenses for the operation of motor vehicles or
62identification cards originally issued or reissued by the
63department to persons who are designated as sexual predators
64under s. 775.21 or subject to registration as sexual offenders
65under s. 943.0435 or s. 944.607 shall have on the front of the
66license or identification card the following:
67     (a)  For a person designated as a sexual predator under s.
68775.21, the marking "775.21, F.S."
69     (b)  For a person subject to registration as a sexual
70offender under s. 943.0435 or s. 944.607, the marking "943.0435,
71F.S."
72     (c)  Each sexual predator under s. 775.21 or sexual
73offender under s. 943.0435 or s. 944.607 shall report to the
74department during the month of his or her reregistration
75requirement pursuant to s. 775.21(8), s. 943.0435(14), or s.
76944.607(13) to obtain a marked driver's license or
77identification card as required under this subsection unless he
78or she previously secured such a marked driver's license or
79identification card.
80     (d)  Notwithstanding paragraph (c), sexual predators under
81s. 775.21 and sexual offenders under s. 943.0435 or s. 944.607
82whose birth month is January or July must report during the
83month of August 2006, to the sheriff's office in the county in
84which they reside or, if they have no permanent or temporary
85residence, the county in which they are located, to receive
86their marked driver's license or identification card as required
87by s. 322.141(3). This paragraph expires January 1, 2007.
88     Section 2.  Paragraph (c) is added to subsection (5) of
89section 322.212, Florida Statutes, to read:
90     322.212  Unauthorized possession of, and other unlawful
91acts in relation to, driver's license or identification card.--
92     (5)
93     (c)  It is unlawful for any person on or after January 1,
942007, to knowingly have in his or her possession a driver's
95license or identification card upon which the sexual predator or
96sexual offender markings required by s. 322.141(3) are not
97displayed or have been altered.
98     Section 3.  Paragraph (f) of subsection (6) of section
99775.21, Florida Statutes, is amended to read:
100     775.21  The Florida Sexual Predators Act.--
101     (6)  REGISTRATION.--
102     (f)  Within 48 hours after the registration required under
103paragraph (a) or paragraph (e), a sexual predator who is not
104incarcerated and who resides in the community, including a
105sexual predator under the supervision of the Department of
106Corrections, shall register in person at a driver's license
107office of the Department of Highway Safety and Motor Vehicles
108and shall present proof of registration. At the driver's license
109office the sexual predator shall:
110     1.  If otherwise qualified, secure a Florida driver's
111license, renew a Florida driver's license, or secure an
112identification card. The sexual predator shall identify himself
113or herself as a sexual predator who is required to comply with
114this section, provide his or her place of permanent or temporary
115residence, including a rural route address and a post office
116box, and submit to the taking of a photograph for use in issuing
117a driver's license, renewed license, or identification card, and
118for use by the department in maintaining current records of
119sexual predators. A post office box shall not be provided in
120lieu of a physical residential address. If the sexual predator's
121place of residence is a motor vehicle, trailer, mobile home, or
122manufactured home, as defined in chapter 320, the sexual
123predator shall also provide to the Department of Highway Safety
124and Motor Vehicles the vehicle identification number; the
125license tag number; the registration number; and a description,
126including color scheme, of the motor vehicle, trailer, mobile
127home, or manufactured home. If a sexual predator's place of
128residence is a vessel, live-aboard vessel, or houseboat, as
129defined in chapter 327, the sexual predator shall also provide
130to the Department of Highway Safety and Motor Vehicles the hull
131identification number; the manufacturer's serial number; the
132name of the vessel, live-aboard vessel, or houseboat; the
133registration number; and a description, including color scheme,
134of the vessel, live-aboard vessel, or houseboat.
135     2.  Pay the costs assessed by the Department of Highway
136Safety and Motor Vehicles for issuing or renewing a driver's
137license or identification card as required by this section. The
138driver's license or identification card issued shall comply with
139s. 322.141(3).
140     3.  Provide, upon request, any additional information
141necessary to confirm the identity of the sexual predator,
142including a set of fingerprints.
143
144The sheriff shall promptly provide to the department the
145information received from the sexual predator.
146     Section 4.  Subsection (3) of section 943.0435, Florida
147Statutes, is amended to read:
148     943.0435  Sexual offenders required to register with the
149department; penalty.--
150     (3)  Within 48 hours after the report required under
151subsection (2), a sexual offender shall report in person at a
152driver's license office of the Department of Highway Safety and
153Motor Vehicles, unless a driver's license or identification card
154that complies with the requirements of s. 322.141(3) was
155previously secured or updated under s. 944.607. At the driver's
156license office the sexual offender shall:
157     (a)  If otherwise qualified, secure a Florida driver's
158license, renew a Florida driver's license, or secure an
159identification card. The sexual offender shall identify himself
160or herself as a sexual offender who is required to comply with
161this section and shall provide proof that the sexual offender
162reported as required in subsection (2). The sexual offender
163shall provide any of the information specified in subsection
164(2), if requested. The sexual offender shall submit to the
165taking of a photograph for use in issuing a driver's license,
166renewed license, or identification card, and for use by the
167department in maintaining current records of sexual offenders.
168     (b)  Pay the costs assessed by the Department of Highway
169Safety and Motor Vehicles for issuing or renewing a driver's
170license or identification card as required by this section. The
171driver's license or identification card issued shall comply with
172s. 322.141(3).
173     (c)  Provide, upon request, any additional information
174necessary to confirm the identity of the sexual offender,
175including a set of fingerprints.
176     Section 5.  Subsection (9) of section 944.607, Florida
177Statutes, is amended to read:
178     944.607  Notification to Department of Law Enforcement of
179information on sexual offenders.--
180     (9)  A sexual offender, as described in this section, who
181is under the supervision of the Department of Corrections but
182who is not incarcerated shall, in addition to the registration
183requirements provided in subsection (4), register and obtain a
184distinctive driver's license or identification card in the
185manner provided in s. 943.0435(3), (4), and (5), unless the
186sexual offender is a sexual predator, in which case he or she
187shall register and obtain a distinctive driver's license or
188identification card as required under s. 775.21. A sexual
189offender who fails to comply with the requirements of s.
190943.0435 is subject to the penalties provided in s. 943.0435(9).
191     Section 6.  Paragraph (g) of subsection (12) of section
1921002.33, Florida Statutes, is amended to read:
193     1002.33  Charter schools.--
194     (12)  EMPLOYEES OF CHARTER SCHOOLS.--
195     (g)  A charter school shall employ or contract with
196employees who have undergone background screening as required
197under provided in s. 1012.32. Members of the governing board of
198the charter school shall also undergo background screening in a
199manner similar to that required under provided in s. 1012.32.
200     Section 7.  Paragraph (c) of subsection (7) of section
2011003.63, Florida Statutes, is amended to read:
202     1003.63  Deregulated public schools pilot program.--
203     (7)  EXEMPTION FROM STATUTES.--
204     (c)  A deregulated public school shall employ or contract
205with employees who have been fingerprinted as required under
206provided in s. 1012.32.
207     Section 8.  Section 1012.32, Florida Statutes, is amended
208to read:
209     1012.32  Qualifications of personnel; background screening
210requirement.--
211     (1)  To be eligible for appointment in any position in any
212district school system, a person shall be of good moral
213character; shall have attained the age of 18 years, if he or she
214is to be employed in an instructional capacity; and shall, when
215required by law, hold a certificate or license issued under
216rules of the State Board of Education or the Department of
217Children and Family Services, except when employed pursuant to
218s. 1012.55 or under the emergency provisions of s. 1012.24.
219Previous residence in this state shall not be required in any
220school of the state as a prerequisite for any person holding a
221valid Florida certificate or license to serve in an
222instructional capacity.
223     (2)(a)  Background screening is required of instructional
224and noninstructional personnel who are hired or contracted to
225fill positions in any district school system and of other
226persons authorized by the school district to perform services
227for compensation as follows:
228     1.(a)  Instructional and noninstructional personnel who are
229hired or contracted to fill positions requiring direct contact
230with students in any district school system or university lab
231school shall, upon employment or engagement to provide services,
232undergo background screening as required under s. 1012.465 or s.
2331012.56, whichever is applicable.
234     2.(b)  Instructional and noninstructional personnel who are
235hired or contracted to fill positions in any charter school and
236members of the governing board of any charter school, in
237compliance with s. 1002.33(12)(g), shall, upon employment,
238engagement of services, or appointment, undergo background
239screening as required under s. 1012.465 or s. 1012.56, whichever
240is applicable, by filing with the district school board for the
241school district in which the charter school is located a
242complete set of fingerprints taken by an authorized law
243enforcement agency or an employee of the school or school
244district who is trained to take fingerprints.
245     3.(c)  Instructional and noninstructional personnel who are
246hired or contracted to fill positions requiring direct contact
247with students in an alternative school that operates under
248contract with a district school system shall, upon employment or
249engagement to provide services, undergo background screening as
250required under s. 1012.465 or s. 1012.56, whichever is
251applicable, by filing with the district school board for the
252school district to which the alternative school is under
253contract a complete set of fingerprints taken by an authorized
254law enforcement agency or an employee of the school or school
255district who is trained to take fingerprints.
256     4.(d)  Student teachers, persons participating in a field
257experience pursuant to s. 1004.04(6) or s. 1004.85, and persons
258participating in a short-term experience as a teacher assistant
259pursuant to s. 1004.04(10) in any district school system, lab
260school, or charter school shall, upon engagement to provide
261services, undergo background screening as required under s.
2621012.56.
263     (b)1.  Background screening shall be initiated by filing
264with the district school board for the school district in which
265the school, charter school, or lab school is located or to which
266the alternative school is under contract a complete set of
267fingerprints taken by an individual authorized to take
268fingerprints on behalf of an authorized law enforcement agency,
269a private service provider, or the school or school district.
270     2.  Fingerprints required for a background screening shall
271be submitted to the Department of Law Enforcement for state
272processing and to the Federal Bureau of Investigation for
273national federal processing. The Department of Law Enforcement
274shall invoice the department for the fingerprints submitted each
275month. The school districts shall screen background results to
276determine if an applicant meets licensure or employment
277requirements. Persons subject to this subsection found through
278fingerprint processing to have been convicted of a crime
279involving moral turpitude shall not be employed, engaged to
280provide services, or serve in any position requiring direct
281contact with students. Probationary persons subject to this
282subsection terminated because of their criminal record have the
283right to appeal such decisions.
284     3.  The cost of the background screening may be borne by
285the district school board, the charter school, the employee, the
286contractor, or a person subject to this subsection.
287     (c)  Persons subject to this subsection found through
288fingerprint processing to have been found guilty of, regardless
289of adjudication, or entered a plea of nolo contendere to a crime
290involving moral turpitude or any offense set forth in s. 435.04
291shall not be employed, engaged to provide services, or serve in
292any position requiring direct contact with students. Persons
293subject to this subsection terminated because of their criminal
294record have the right to appeal such decisions.
295     (3)(a)  Beginning July 1, 2004, All fingerprints submitted
296to the Department of Law Enforcement as required by subsection
297(2) shall be retained by the Department of Law Enforcement in a
298manner provided by rule and entered in the statewide automated
299fingerprint identification system authorized by s. 943.05(2)(b).
300Such fingerprints shall thereafter be available for all purposes
301and uses authorized for arrest fingerprint cards entered in the
302statewide automated fingerprint identification system pursuant
303to s. 943.051.
304     (b)  Beginning December 15, 2004, The Department of Law
305Enforcement shall search all arrest fingerprint cards received
306under s. 943.051 against the fingerprints retained in the
307statewide automated fingerprint identification system under
308paragraph (a). Any arrest record that is identified with the
309retained fingerprints of a person subject to the background
310screening under this section shall be reported to the employing
311or contracting school district or the school district with which
312the person is affiliated. Each school district is required to
313participate in this search process by payment of an annual fee
314to the Department of Law Enforcement and by informing the
315Department of Law Enforcement of any change in the affiliation,
316employment, or contractual status or place of affiliation,
317employment, or contracting of individuals its instructional and
318noninstructional personnel whose fingerprints are retained under
319paragraph (a). The Department of Law Enforcement shall adopt a
320rule setting the amount of the annual fee to be imposed upon
321each school district for performing these searches and
322establishing the procedures for the retention of instructional
323and noninstructional personnel fingerprints and the
324dissemination of search results. The fee may be borne by the
325district school board, the contractor, or the person
326fingerprinted.
327     (c)  Personnel whose fingerprints are not retained by the
328Department of Law Enforcement under paragraphs (a) and (b) are
329required to be refingerprinted and must meet the applicable
330level 2 screening standards requirements as described in this
331section upon reemployment or reengagement to provide services in
332order to comply with the requirements of this subsection.
333     (4)  For each person subject to background screening under
334this section who is required by law to be rescreened
335periodically, the district school board shall request the
336Department of Law Enforcement to forward the person's
337fingerprints for rescreening purposes to the Federal Bureau of
338Investigation for national processing. If the person's
339fingerprints were not retained by the Department of Law
340Enforcement after the initial screening, the person must file a
341complete set of fingerprints. Upon submission of fingerprints
342for this purpose, the district school board shall request the
343Department of Law Enforcement to forward the fingerprints to the
344Federal Bureau of Investigation for national processing, and the
345fingerprints shall be retained by the Department of Law
346Enforcement under paragraphs (3)(a) and (b). The cost of the
347rescreening may be borne by the district school board, the
348charter school, the employee, the contractor, or any other
349person subject to rescreening as specified in this subsection.
350     Section 9.  Section 1012.465, Florida Statutes, is amended
351to read:
352     1012.465  Background screening requirements for certain
353noninstructional school district employees and other specified
354individuals contractors.--
355     (1)  For purposes of s. 1012.32, the following individuals
356Noninstructional school district employees or contractual
357personnel who are permitted access on school grounds when
358students are present, who have direct contact with students or
359who have access to or control of school funds must meet the
360level 2 screening standards in s. 435.04 and must not have been
361found guilty of, regardless of adjudication, or entered a plea
362of nolo contendere or guilty to a crime involving moral
363turpitude: requirements as described in s. 1012.32.
364     (a)  Noninstructional school district employees who have
365direct, unsupervised contact with students or who have access to
366or control of school funds.
367     (b)  Other individuals who are authorized by the school
368district to perform services for compensation and that involve
369access to or control of school funds.
370     (c)  Other individuals who are authorized by the school
371district to perform services for compensation that involve
372direct, unsupervised contact with students. This paragraph does
373not apply to any individual who, by law due to the nature of his
374or her occupation or business, is required to submit to a state
375and national criminal history check for licensing or other
376purposes, if such license or other certificate is current and in
377good standing and the individual submits proof of good standing
378to the school district. Contractual personnel shall include any
379vendor, individual, or entity under contract with the school
380board.
381     (2)  The Department of Law Enforcement shall implement a
382system that allows for criminal history record information
383provided under paragraph (1)(c) to a school district to be
384shared with other school districts through a secure website or
385other electronic means.
386     (3)  An individual subject to paragraph (1)(c) shall inform
387a school district if he or she has had a criminal history check
388in another school district within the last 5 years. If he or she
389has had such a check, the school district shall verify the
390results of the contractor's criminal history check using the
391shared system implemented under paragraph (2). The school
392district shall not charge the individual a fee for verifying the
393results of his or her criminal history check.
394     (4)(a)(2)  In accordance with s. 1012.32(4), every 5 years
395following employment or entry into a contract in a capacity
396described in subsection (1), each person who is so employed or
397under contract with the school district must meet the level 2
398screening standards of s. 435.04 requirements as described in s.
3991012.32, at which time the school district shall request the
400Department of Law Enforcement to forward the fingerprints to the
401Federal Bureau of Investigation for the level 2 screening. If,
402for any reason following employment or entry into a contract in
403a capacity described in subsection (1), the fingerprints of a
404person who is so employed or under contract with the school
405district are not retained by the Department of Law Enforcement
406under s. 1012.32(3)(a) and (b), the person must file a complete
407set of fingerprints with the district school superintendent of
408the employing or contracting school district. Upon submission of
409fingerprints for this purpose, the school district shall request
410the Department of Law Enforcement to forward the fingerprints to
411the Federal Bureau of Investigation for the level 2 screening,
412and the fingerprints shall be retained by the Department of Law
413Enforcement under s. 1012.32(3)(a) and (b). The cost of the
414state and federal criminal history check required by level 2
415screening may be borne by the district school board, the
416contractor, or the person fingerprinted.
417     (b)  Under penalty of perjury, each person who is employed
418or under contract in a capacity described in subsection (1) must
419agree to inform his or her employer or the party with whom he or
420she is under contract within 48 hours if convicted of any
421disqualifying offense while he or she is employed or under
422contract in that capacity.
423     (5)(3)  If it is found that a person who is employed or
424under contract in a capacity described in subsection (1) does
425not meet the level 2 screening standards of s. 435.04
426requirements, the person shall be immediately suspended from
427working in that capacity and shall remain suspended until final
428resolution of any appeals.
429     Section 10.  Section 1012.4561, Florida Statutes, is
430created to read:
431     1012.4561  Contractors and contract workers having access
432to school grounds when students are present; exclusions.--
433     (1)  As used in this section, the term:
434     (a)  "Contractor" means a person who is engaged by the
435school district to provide goods or services for compensation
436that do not involve direct, unsupervised contact with students
437and who employs contract workers or subcontracts with a person
438who employs contract workers to provide such goods or services.
439"Contractor" also means an individual who is engaged by a school
440district to provide such goods or services for compensation.
441     (b)  "Contract worker" means a contractor or any
442individual, other than an individual described in s. 1012.465(1)
443or s. 1012.56, who has access to school grounds for business or
444employment purposes of a contractor for compensation when
445students are present.
446     (c)  "School grounds" means the buildings and grounds of
447any public prekindergarten, kindergarten, elementary school,
448middle school, junior high school, high school, or secondary
449school, together with the school district land on which the
450buildings are located. The term "school grounds" does not
451include:
452     1.  Any other facility or location where school classes or
453activities may be located or take place;
454     2.  Any buildings or grounds described in this paragraph
455during any time period in which students are not permitted
456access; or
457     3.  Any building described in this paragraph during any
458period in which it is used as an adult, career, or technical
459center under part IV of chapter 1004.
460     (2)  A contract worker who is designated as a sexual
461predator under s. 775.21, who is subject to registration as a
462sexual offender under s. 943.0435, or who appears on the
463National Sex Offender Public Registry maintained by the United
464States Department of Justice may not be on school grounds. A
465contract worker who is present on school grounds in violation of
466this subsection commits a misdemeanor of the first degree,
467punishable as provided in s. 775.082 or s. 775.083.
468     (3)(a)  Before allowing a contract worker to have access to
469school grounds, a contractor must provide the school district
470with certification that the contractor has:
471     1.  For an individual who holds a Florida driver's license
472or identification card, examined the contract worker's license
473or identification card and confirmed that it does not have the
474markings required by s. 322.141(3). The requirements of this
475subparagraph do not apply to certifications made before January
4761, 2007.
477     2.  Checked and confirmed that the individual is not on the
478National Sex Offender Public Registry.
479
480The contractor shall make its records supporting the
481certification available for inspection at the request of a
482school district employee.
483     (b)1.  Each contract worker who has been issued a Florida
484driver's license or identification card shall possess the card
485at all times while working on school grounds and shall show it
486to any school district employee upon request.
487     2.  Each contract worker who has not been issued or does
488not have in his or her possession a Florida driver's license or
489identification card shall submit to a check against the National
490Sex Offender Public Registry upon the request of any school
491district employee.
492     (c)  Any person who knowingly and willfully violates this
493subsection and who holds a professional license under chapter
494455 commits an act constituting grounds for discipline as
495described in s. 455.227(1)(a). Any person who knowingly and
496willfully violates this subsection and who holds a professional
497license under chapter 456 commits an act constituting grounds
498for discipline as described in s. 456.072(1)(a).
499     (d)  An contract worker must inform the contractor within
50048 hours if he or she is arrested for an offense for which a
501conviction could lead to the person being designated as a sexual
502predator under s. 775.21 or subject to registration as a sexual
503offender under s. 943.0435. A person who willfully fails to
504comply with this paragraph commits a misdemeanor of the first
505degree, punishable as provided in s. 775.082 or s. 775.083.
506     (4)  This section does not apply to law enforcement
507officers, as defined in s. 943.10, assigned by their employing
508agencies to work on school grounds as part of their official
509duties or first responder personnel responding to a request for
510assistance. For purposes of this subsection, the term "first
511responder personnel" includes law enforcement officers, as
512defined in s. 943.10, emergency medical technicians, paramedics,
513and firefighters.
514     (5)  This section may not give rise to any private civil
515liability nor be construed to create a private cause of action
516for monetary damages.
517     (6)  A school board may adopt rules under ss. 120.536(1)
518and 120.54 to implement the provisions of this section.
519     Section 11.  Subsection (9) of section 1012.56, Florida
520Statutes, is amended to read:
521     1012.56  Educator certification requirements.--
522     (9)  BACKGROUND SCREENING REQUIRED, INITIALLY AND
523PERIODICALLY.--
524     (a)  For purposes of s. 1012.32, each person who seeks
525certification under this chapter must meet the level 2 screening
526standards of s. 435.04 requirements as described in s. 1012.32
527unless a level 2 screening has been conducted by a district
528school board or the Department of Education within 12 months
529before the date the person initially obtains certification under
530this chapter, the results of which are submitted to the district
531school board or to the Department of Education and must not have
532been found guilty of, regardless of adjudication, or entered a
533plea of nolo contendere or guilty to a crime involving moral
534turpitude.
535     (b)1.  A person may not receive a certificate under this
536chapter until the level 2 screening under s. 435.04 has been
537completed and the results have been submitted to the Department
538of Education or to the district school superintendent of the
539school district that employs the person.
540     2.  In accordance with s. 1012.32(4), every 5 years after
541obtaining initial certification, each person who is required to
542be certified under this chapter must meet the level 2 screening
543standards of s. 435.04 requirements as described in s. 1012.32,
544at which time the school district shall request the Department
545of Law Enforcement to forward the fingerprints to the Federal
546Bureau of Investigation for the level 2 screening. If, for any
547reason after obtaining initial certification, the fingerprints
548of a person who is required to be certified under this chapter
549are not retained by the Department of Law Enforcement under s.
5501012.32(3)(a) and (b), the person must file a complete set of
551fingerprints with the district school superintendent of the
552employing school district. Upon submission of fingerprints for
553this purpose, the school district shall request the Department
554of Law Enforcement to forward the fingerprints to the Federal
555Bureau of Investigation for the level 2 screening, and the
556fingerprints shall be retained by the Department of Law
557Enforcement under s. 1012.32(3)(a) and (b). The cost of the
558state and federal criminal history check required by level 2
559screening may be borne by the district school board or the
560employee.
561     3.  Under penalty of perjury, each person who is certified
562under this chapter must agree to inform his or her employer
563within 48 hours if convicted of any disqualifying offense while
564he or she is employed in a position for which such certification
565is required.
566     (c)  If it is found under s. 1012.796 that a person who is
567employed in a position requiring certification under this
568chapter does not meet the level 2 screening standards of s.
569435.04 requirements, the person's certification shall be
570immediately revoked or suspended and he or she shall be
571immediately suspended from the position requiring certification.
572     Section 12.  The sum of $30,000 is appropriated from the
573Highway Safety Operating Trust Fund to the Department of Highway
574Safety and Motor Vehicles for the 2006-2007 fiscal year for
575computer programming costs related to this act.
576     Section 13.  Except as otherwise expressly provided in this
577act, this act shall take effect July 1, 2006.


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