Senate Bill sb2452
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 SB 2452
By Senator Argenziano
3-987-07
1 A bill to be entitled
2 An act relating to the Department of Juvenile
3 Justice; amending s. 985.644, F.S.; deleting
4 obsolete references to the Department of
5 Children and Family Services; deleting
6 provisions exempting certain volunteers from
7 background-screening requirements; specifying
8 that all positions within the department are
9 positions of special trust or responsibility;
10 requiring drug testing and a background
11 investigation as a condition of employment and
12 continued employment; authorizing the
13 department to collect damages from a contractor
14 that fails to comply with the
15 background-screening requirements; requiring
16 the department to establish by rule fees to
17 cover the cost of retaining fingerprint
18 information of providers under contract with
19 the department; providing an effective date.
20
21 Be It Enacted by the Legislature of the State of Florida:
22
23 Section 1. Section 985.644, Florida Statutes, is
24 amended to read:
25 985.644 Departmental contracting powers; personnel
26 standards and screening.--
27 (1) The department of Juvenile Justice or the
28 Department of Children and Family Services, as appropriate,
29 may contract with the Federal Government, other state
30 departments and agencies, county and municipal governments and
31 agencies, public and private agencies, and private individuals
1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 SB 2452
3-987-07
1 and corporations in carrying out the purposes of, and the
2 responsibilities established in, this chapter.
3 (a) When the department of Juvenile Justice or the
4 Department of Children and Family Services contracts with a
5 provider for any program for children, all personnel,
6 including owners, operators, employees, and volunteers, in the
7 facility must be of good moral character. Each contract
8 entered into by the either department for services delivered
9 on an appointment or intermittent basis by a provider that
10 does not have regular custodial responsibility for children
11 and each contract with a school for before or aftercare
12 services must ensure that the owners, operators, and all
13 personnel who have direct contact with children are of good
14 moral character. A volunteer who assists on an intermittent
15 basis for less than 40 hours per month need not be screened if
16 the volunteer is under direct and constant supervision by
17 persons who meet the screening requirements.
18 (b) The department of Juvenile Justice and the
19 Department of Children and Family Services shall require
20 employment screening pursuant to chapter 435, using the level
21 2 standards set forth in that chapter for personnel in
22 programs for children or youths. All positions within the
23 department are deemed to be positions of special trust or
24 responsibility and, as a condition of continued employment,
25 each employee shall undergo personnel screening, including,
26 but not limited to, drug testing as provided in s. 112.0455
27 and a security background investigation as provided in chapter
28 435, using the level 2 standards for screening set forth in
29 that chapter.
30 (c) The department of Juvenile Justice or the
31 Department of Children and Family Services may grant
2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 SB 2452
3-987-07
1 exemptions from disqualification from working with children as
2 provided in s. 435.07.
3 (2) The department may contract with the Federal
4 Government, other state departments and agencies, county and
5 municipal governments and agencies, public and private
6 agencies, and private individuals and corporations in carrying
7 out the purposes and the responsibilities of the delinquency
8 services and programs of the department.
9 (3) The department shall adopt a rule pursuant to
10 chapter 120 establishing a procedure to provide notice of
11 policy changes that affect contracted delinquency services and
12 programs. A policy is defined as an operational requirement
13 that applies to only the specified contracted delinquency
14 service or program. The procedure shall include:
15 (a) Public notice of policy development.
16 (b) Opportunity for public comment on the proposed
17 policy.
18 (c) Assessment for fiscal impact upon the department
19 and providers.
20 (d) The department's response to comments received.
21 (4) When the department contracts with a provider for
22 any delinquency service or program, all personnel, including
23 all owners, operators, employees, and volunteers in the
24 facility or providing the service or program shall be of good
25 moral character. A volunteer who assists on an intermittent
26 basis for less than 40 hours per month is not required to be
27 screened if the volunteer is under direct and constant
28 supervision by persons who meet the screening requirements.
29 (5)(a) For any person employed by the department, or
30 by a provider under contract with the department, in
31
3
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 SB 2452
3-987-07
1 delinquency facilities, services, or programs, the department
2 shall require:
3 1. A level 2 employment screening pursuant to chapter
4 435 prior to employment.
5 2. A federal criminal records check by the Federal
6 Bureau of Investigation every 5 years following the date of
7 the person's employment.
8 (b) Except for law enforcement, correctional, and
9 correctional probation officers, to whom s. 943.13(5) applies,
10 the department shall electronically submit to the Department
11 of Law Enforcement:
12 1. Fingerprint information obtained during the
13 employment screening required by subparagraph (a)1.
14 2. Beginning on December 15, 2005, fingerprint
15 information for all persons employed by the department, or by
16 a provider under contract with the department, in delinquency
17 facilities, services, or programs if such fingerprint
18 information has not previously been electronically submitted
19 to the Department of Law Enforcement under this paragraph.
20 (c) If a provider under contract with the department
21 fails to comply with the background screening requirements set
22 forth in chapter 435 and paragraph (a), the department may
23 impose and collect a payment of liquidated damages for
24 noncompliance with the contract, which the department may use
25 as other similar funds.
26 (d)(c) All fingerprint information electronically
27 submitted to the Department of Law Enforcement under paragraph
28 (b) shall be retained by the Department of Law Enforcement and
29 entered into the statewide automated fingerprint
30 identification system authorized by s. 943.05(2)(b).
31 Thereafter, such fingerprint information shall be available
4
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 SB 2452
3-987-07
1 for all purposes and uses authorized for arrest fingerprint
2 information entered into the statewide automated fingerprint
3 identification system pursuant to s. 943.051 until the
4 fingerprint information is removed pursuant to paragraph (f)
5 (e). The Department of Law Enforcement shall search all arrest
6 fingerprint information received pursuant to s. 943.051
7 against the fingerprint information entered into the statewide
8 automated fingerprint system pursuant to this subsection. Any
9 arrest records identified as a result of the search shall be
10 reported to the department in the manner and timeframe
11 established by the Department of Law Enforcement by rule.
12 (e)(d) The department shall pay an annual fee to the
13 Department of Law Enforcement for its costs resulting from the
14 fingerprint information retention services required by this
15 subsection. The amount of the annual fee and procedures for
16 the submission and retention of fingerprint information and
17 for the dissemination of search results shall be established
18 by the Department of Law Enforcement by a rule that is
19 applicable to the department individually pursuant to this
20 subsection or that is applicable to the department and other
21 employing agencies pursuant to rulemaking authority otherwise
22 provided by law. The costs of retaining fingerprint
23 information associated with a provider under contract with the
24 department shall be borne by that provider. The department
25 shall establish the amount of the annual fee by rule, based on
26 information provided by the Department of Law Enforcement and
27 the actual cost of collecting the fee from all providers under
28 contract with the department.
29 (f)(e) The department shall notify the Department of
30 Law Enforcement when a person whose fingerprint information is
31 retained by the Department of Law Enforcement under this
5
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 SB 2452
3-987-07
1 subsection is no longer employed by the department, or by a
2 provider under contract with the department, in a delinquency
3 facility, service, or program. This notice shall be provided
4 by the department to the Department of Law Enforcement no
5 later than 6 months after the date of the change in the
6 person's employment status. Fingerprint information for
7 persons identified by the department in the notice shall be
8 removed from the statewide automated fingerprint system.
9 (6) The department may grant exemptions from
10 disqualification from working with children as provided in s.
11 435.07.
12 Section 2. This act shall take effect October 1, 2007.
13
14 *****************************************
15 SENATE SUMMARY
16 Revises provisions governing personnel requirements for
the Department of Juvenile Justice. Deletes provisions
17 exempting volunteers from screening requirements if they
assist for less than 40 hours per month. Provides that
18 all positions within the department are positions of
special trust or responsibility and employees are subject
19 to drug testing and a background investigation as a
condition of employment and continued employment.
20 Authorizes the department to collect damages from a
contractor that fails to comply with the requirements for
21 background screening. Requires the department to
establish by rule fees to cover the cost of retaining
22 fingerprint information of providers under contract with
the department.
23
24
25
26
27
28
29
30
31
6
CODING: Words stricken are deletions; words underlined are additions.