Senate Bill sb0106c1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for SB 106
By the Committee on Children, Families, and Elder Affairs; and
Senator Hill
586-1870-07
1 A bill to be entitled
2 An act relating to child care facilities;
3 amending s. 402.305, F.S.; requiring electronic
4 submission of fingerprints of child care
5 personnel and retention of fingerprints by the
6 Department of Law Enforcement; requiring that
7 fingerprints retained be searched against
8 arrest records; requiring that records
9 identified with the retained fingerprints be
10 reported to the Department of Children and
11 Family Services; providing for fees; providing
12 rulemaking authority; requiring certain persons
13 to be refingerprinted; requiring level 2
14 screening of each person who is employed in a
15 child care facility every 5 years; providing an
16 effective date.
17
18 Be It Enacted by the Legislature of the State of Florida:
19
20 Section 1. Paragraph (a) of subsection (2) of section
21 402.305, Florida Statutes, is amended to read:
22 402.305 Licensing standards; child care facilities.--
23 (2) PERSONNEL.--Minimum standards for child care
24 personnel shall include minimum requirements as to:
25 (a) Good moral character based upon screening. This
26 screening shall be conducted as provided in chapter 435, using
27 the level 2 standards for screening set forth in that chapter.
28 1. Beginning July 1, 2008, all fingerprints submitted
29 to the Department of Law Enforcement as required by this
30 subsection shall be submitted electronically and shall be
31 retained by the Department of Law Enforcement in a manner
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Florida Senate - 2007 CS for SB 106
586-1870-07
1 provided by rule and entered in the statewide automated
2 fingerprint identification system authorized by s.
3 943.05(2)(b). Such fingerprints shall thereafter be available
4 for all purposes and uses authorized for arrest fingerprint
5 cards entered in the statewide automated fingerprint
6 identification system pursuant to s. 943.051.
7 2. Beginning July 1, 2008, the Department of Law
8 Enforcement shall search all arrest fingerprint cards received
9 under s. 943.051 against the fingerprints retained in the
10 statewide automated fingerprint identification system under
11 subparagraph 1. Any arrest record that is identified with the
12 retained fingerprints of a person subject to the background
13 screening under this section shall be reported to the
14 department. The department shall participate in this search
15 process by paying an annual fee to the Department of Law
16 Enforcement and informing the Department of Law Enforcement of
17 any personnel whose fingerprints are retained under
18 subparagraph 1. who are no longer employed by a facility
19 regulated by the department. The Department of Law Enforcement
20 shall adopt a rule setting the amount of the annual fee to be
21 imposed upon the department for performing these searches and
22 establishing the procedures for the retention of fingerprints
23 and the dissemination of search results. The fee may be borne
24 by the department, the provider, or the person fingerprinted.
25 3. Beginning July 1, 2008, personnel whose
26 fingerprints are not retained by the Department of Law
27 Enforcement under subparagraphs 1. and 2. shall be
28 refingerprinted and must meet level 2 screening requirements
29 as described in this section upon reemployment or reengagement
30 to provide services in order to comply with the requirements
31 of this subsection.
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Florida Senate - 2007 CS for SB 106
586-1870-07
1 4. No later than December 1, 2009, any personnel whose
2 fingerprints are not retained by the Department of Law
3 Enforcement under subparagraphs 1. and 2. shall be
4 refingerprinted and must meet level 2 screening requirements
5 as described in this section.
6 5. Every 5 years each person who is employed in a
7 child care facility must meet level 2 screening requirements
8 as described in s. 435.04. The department shall request the
9 Department of Law Enforcement to forward the fingerprints to
10 the Federal Bureau of Investigation for the level 2 screening.
11 The cost of the state and federal criminal history check
12 required by level 2 screening may be borne by the department,
13 the facility, or the person fingerprinted.
14 Section 2. This act shall take effect July 1, 2007.
15
16 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
17 Senate Bill 106
18
19 Adds a requirement to s. 402.305 relating to child care
facilities requiring that beginning July 1, 2008, fingerprints
20 for level 2 screening of child care personnel be submitted
electronically. The Department of Law Enforcement will retain
21 fingerprints, match them against incoming arrests, and report
matches to the Department of Children and Family Services.
22
Directs the Department of Law Enforcement to adopt a rule
23 setting fees and describing procedures.
24 Requires that beginning July 1, 2008, all child care personnel
who are rehired and whose fingerprints are not already
25 retained by FDLE must be fingerprinted and meet level 2
screening requirements.
26
Requires that beginning December 1, 2009, child care personnel
27 whose fingerprints are not yet retained by FDLE must be
refingerprinted and must meet level 2 screening requirements.
28
Requires that each person employed in a child care facility
29 meet level 2 screening requirements every five years.
30
31
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