HB 7103

1
A bill to be entitled
2An act relating to high-risk offenders; amending s.
3322.141, F.S.; requiring distinctive markings for driver's
4licenses and identification cards issued to persons who
5are designated as sexual predators or subject to
6registration 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; requiring sexual predators and sexual offenders
11to obtain an updated or renewed driver's license or
12identification card; amending s. 775.21, F.S.; requiring
13sexual predators to obtain a distinctive driver's license
14or identification card; amending s. 943.0435, F.S.;
15requiring sexual offenders to obtain a distinctive
16driver's license or identification card; amending s.
17944.607, F.S.; requiring specified offenders who are under
18the supervision of the Department of Corrections but are
19not incarcerated to obtain a distinctive driver's license
20or identification card; amending s. 1012.465, F.S.;
21revising background screening requirements for certain
22noninstructional school district employees and
23contractors; creating s. 1012.467, F.S.; adding
24noninstructional contractors to those who must meet the
25screening requirements; defining the terms
26"noninstructional contractor," "convicted," and "school
27grounds"; providing for the submission of fingerprints;
28requiring school districts to screen results of criminal
29records checks; requiring the cost of background screening
30requirements to be borne by certain parties; providing a
31cap on fees that may be charged; authorizing the retention
32of fingerprints; providing a list of violations that such
33persons must not have committed if they are to satisfy the
34screening requirements; providing penalties; providing
35grounds for contesting denial of access to school grounds;
36providing reporting requirements; providing penalties for
37the failure to meet certain requirements; authorizing the
38Department of Law Enforcement to adopt rules; providing
39immunity from civil or criminal liability; creating s.
401012.468, F.S.; specifying exemptions for contractors;
41providing criteria and conditions; providing that exempted
42contractors are subject to a search of certain databases
43that list sexual predators and sexual offenders; providing
44consequences of a failure to meet the screening
45requirements; prohibiting school districts from conducting
46additional criminal history checks; specifying that the
47act does not create a private cause of action or a new
48duty of care or basis of liability; creating s. 1012.321,
49F.S.; creating an exception for certain instructional
50personnel; providing criteria; providing effective dates.
51
52Be It Enacted by the Legislature of the State of Florida:
53
54     Section 1.  Effective August 1, 2007, section 322.141,
55Florida Statutes, is amended to read:
56     322.141  Color or markings of certain licenses or
57identification cards.--
58     (1)  All licenses originally issued or reissued by the
59department to persons under the age of 21 years for the
60operation of motor vehicles shall have markings or color which
61shall be obviously separate and distinct from all other licenses
62issued by the department for the operation of motor vehicles.
63     (2)(a)  All licenses for the operation of motor vehicles
64originally issued or reissued by the department to persons who
65have insulin-dependent diabetes may, at the request of the
66applicant, have distinctive markings separate and distinct from
67all other licenses issued by the department.
68     (b)  At the time of application for original license or
69reissue, the department shall require such proof as it deems
70appropriate that a person has insulin-dependent diabetes.
71     (3)  All licenses for the operation of motor vehicles or
72identification cards originally issued or reissued by the
73department to persons who are designated as sexual predators
74under s. 775.21 or subject to registration as sexual offenders
75under s. 943.0435 or s. 944.607 shall have on the front of the
76license or identification card the following:
77     (a)  For a person designated as a sexual predator under s.
78775.21, the marking "775.21, F.S."
79     (b)  For a person subject to registration as a sexual
80offender under s. 943.0435 or s. 944.607, the marking "943.0435,
81F.S."
82     (4)  Unless previously secured or updated, each sexual
83offender and sexual predator shall report to the department
84during the month of his or her reregistration requirement as
85required under s. 775.21(8), s. 943.0435(14), or s. 944.607(13)
86in order to obtain an updated or renewed driver's license or
87identification card containing the markings required by
88subsection (3).
89     Section 2.  Effective February 1, 2008, paragraphs (c) is
90added to subsection (5) of section 322.212, Florida Statutes, to
91read:
92     322.212  Unauthorized possession of, and other unlawful
93acts in relation to, driver's license or identification card.--
94     (5)
95     (c)  It is unlawful for any person to have in his or her
96possession a driver's license or identification card upon which
97the sexual predator or sexual offender markings required by s.
98322.141 are not displayed or have been altered.
99     Section 3.  Paragraph (f) of subsection (6) of section
100775.21, Florida Statutes, are amended to read:
101     775.21  The Florida Sexual Predators Act.--
102     (6)  REGISTRATION.--
103     (f)  Within 48 hours after the registration required under
104paragraph (a) or paragraph (e), a sexual predator who is not
105incarcerated and who resides in the community, including a
106sexual predator under the supervision of the Department of
107Corrections, shall register in person at a driver's license
108office of the Department of Highway Safety and Motor Vehicles
109and shall present proof of registration. At the driver's license
110office the sexual predator shall:
111     1.  If otherwise qualified, secure a Florida driver's
112license, renew a Florida driver's license, or secure an
113identification card. The sexual predator shall identify himself
114or herself as a sexual predator who is required to comply with
115this section, provide his or her place of permanent or temporary
116residence, including a rural route address and a post office
117box, and submit to the taking of a photograph for use in issuing
118a driver's license, renewed license, or identification card, and
119for use by the department in maintaining current records of
120sexual predators. A post office box shall not be provided in
121lieu of a physical residential address. If the sexual predator's
122place of residence is a motor vehicle, trailer, mobile home, or
123manufactured home, as defined in chapter 320, the sexual
124predator shall also provide to the Department of Highway Safety
125and Motor Vehicles the vehicle identification number; the
126license tag number; the registration number; and a description,
127including color scheme, of the motor vehicle, trailer, mobile
128home, or manufactured home. If a sexual predator's place of
129residence is a vessel, live-aboard vessel, or houseboat, as
130defined in chapter 327, the sexual predator shall also provide
131to the Department of Highway Safety and Motor Vehicles the hull
132identification number; the manufacturer's serial number; the
133name of the vessel, live-aboard vessel, or houseboat; the
134registration number; and a description, including color scheme,
135of the vessel, live-aboard vessel, or houseboat.
136     2.  Pay the costs assessed by the Department of Highway
137Safety and Motor Vehicles for issuing or renewing a driver's
138license or identification card as required by this section. The
139driver's license or identification card issued to the sexual
140predator must be in compliance with s. 322.141(3).
141     3.  Provide, upon request, any additional information
142necessary to confirm the identity of the sexual predator,
143including a set of fingerprints.
144
145The sheriff shall promptly provide to the department the
146information received from the sexual predator.
147     Section 4.  Subsection (3) of section 943.0435, Florida
148Statutes, is amended to read:
149     943.0435  Sexual offenders required to register with the
150department; penalty.--
151     (3)  Within 48 hours after the report required under
152subsection (2), a sexual offender shall report in person at a
153driver's license office of the Department of Highway Safety and
154Motor Vehicles, unless a driver's license or identification card
155that complies with the requirements of s. 322.141(3) was
156previously secured or updated under s. 944.607. At the driver's
157license office the sexual offender shall:
158     (a)  If otherwise qualified, secure a Florida driver's
159license, renew a Florida driver's license, or secure an
160identification card. The sexual offender shall identify himself
161or herself as a sexual offender who is required to comply with
162this section and shall provide proof that the sexual offender
163reported as required in subsection (2). The sexual offender
164shall provide any of the information specified in subsection
165(2), if requested. The sexual offender shall submit to the
166taking of a photograph for use in issuing a driver's license,
167renewed license, or identification card, and for use by the
168department in maintaining current records of sexual offenders.
169     (b)  Pay the costs assessed by the Department of Highway
170Safety and Motor Vehicles for issuing or renewing a driver's
171license or identification card as required by this section. The
172driver's license or identification card issued must be in
173compliance with s. 322.141(3).
174     (c)  Provide, upon request, any additional information
175necessary to confirm the identity of the sexual offender,
176including a set of fingerprints.
177     Section 5.  Subsection (9) of section 944.607, Florida
178Statutes, is amended to read:
179     944.607  Notification to Department of Law Enforcement of
180information on sexual offenders.--
181     (9)  A sexual offender, as described in this section, who
182is under the supervision of the Department of Corrections but
183who is not incarcerated shall, in addition to the registration
184requirements provided in subsection (4), register and obtain a
185distinctive driver's license or identification card in the
186manner provided in s. 943.0435(3), (4), and (5), unless the
187sexual offender is a sexual predator, in which case he or she
188shall register and obtain a distinctive driver's license or
189identification card as required under s. 775.21. A sexual
190offender who fails to comply with the requirements of s.
191943.0435 is subject to the penalties provided in s. 943.0435(9).
192     Section 6.  Subsection (1) of section 1012.465, Florida
193Statutes, is amended to read:
194     1012.465  Background screening requirements for certain
195noninstructional school district employees and contractors.--
196     (1)  Except as provided in s. 1012.467 or s. 1012.468,
197noninstructional school district employees or contractual
198personnel who are permitted access on school grounds when
199students are present, who have direct contact with students or
200who have access to or control of school funds must meet level 2
201screening requirements as described in s. 1012.32. Contractual
202personnel shall include any vendor, individual, or entity under
203contract with a school or the school board.
204     Section 7.  Section 1012.467, Florida Statutes, is created
205to read:
206     1012.467  Noninstructional contractors who are permitted
207access to school grounds when students are present; background
208screening requirements.--
209     (1)  As used in this section, the term:
210     (a)  "Noninstructional contractor" means any vendor,
211individual, or entity under contract with a school or with the
212school board who receives remuneration for services performed
213for the school district or a school, but who is not otherwise
214considered an employee of the school district. The term also
215includes any employee of a contractor who performs services for
216the school district or school under the contract and any
217subcontractor and its employees.
218     (b)  "Convicted" has the same meaning as in s. 943.0435.
219     (c)  "School grounds" means the buildings and grounds of
220any public prekindergarten, kindergarten, elementary school,
221middle school, junior high school, high school, or secondary
222school, or any combination of grades prekindergarten through
223grade 12, together with the school district land on which the
224buildings are located. The term does not include:
225     1.  Any other facility or location where school classes or
226activities may be located or take place;
227     2.  The buildings and grounds of any public
228prekindergarten, kindergarten, elementary school, middle school,
229junior high school, high school, or secondary school, or any
230combination of grades prekindergarten through grade 12, or
231contiguous school district land, during any time period in which
232students are not permitted access; or
233     3.  Any building described in this paragraph during any
234period in which it is used solely as a career or technical
235center under part IV of chapter 1004 for postsecondary or adult
236education.
237     (2)(a)  A fingerprint-based criminal history check shall be
238performed on each noninstructional contractor who is permitted
239access to school grounds when students are present, whose
240performance of the contract with the school or school board is
241not anticipated to result in direct contact with students, and
242for whom any unanticipated contact would be infrequent and
243incidental. Criminal history checks shall be performed at least
244once every 5 years. For the initial criminal history check, each
245noninstructional contractor who is subject to the criminal
246history check shall file with the Department of Law Enforcement
247a complete set of fingerprints taken by an authorized law
248enforcement agency or an employee of a school district, a public
249school, or a private company who is trained to take
250fingerprints. The fingerprints shall be electronically submitted
251for state processing to the Department of Law Enforcement, which
252shall in turn submit the fingerprints to the Federal Bureau of
253Investigation for national processing. The results of each
254criminal history check shall be reported to the school district
255in which the individual is seeking access and entered into the
256shared system described in subsection (7). The school district
257shall screen the results using the disqualifying offenses in
258paragraph (g). The cost of the criminal history check may be
259borne by the district school board, the school, or the
260contractor. A fee that is charged by a district school board for
261such checks may not exceed 30 percent of the total amount
262charged by the Department of Law Enforcement and the Federal
263Bureau of Investigation.
264     (b)  As authorized by law, the Department of Law
265Enforcement shall retain the fingerprints submitted by the
266school districts pursuant to this subsection to the Department
267of Law Enforcement for a criminal history background screening
268in a manner provided by rule and enter the fingerprints in the
269statewide automated fingerprint identification system authorized
270by s. 943.05(2)(b). The fingerprints shall thereafter be
271available for all purposes and uses authorized for arrest
272fingerprint cards entered into the statewide automated
273fingerprint identification system under s. 943.051.
274     (c)  As authorized by law, the Department of Law
275Enforcement shall search all arrest fingerprint cards received
276under s. 943.051 against the fingerprints retained in the
277statewide automated fingerprint identification system under
278paragraph (b).
279     (d)  School districts may participate in the search process
280described in this subsection by paying an annual fee to the
281Department of Law Enforcement.
282     (e)  A fingerprint retained pursuant to this subsection
283shall be purged from the automated fingerprint identification
284system 5 years following the date the fingerprint was initially
285submitted. The Department of Law Enforcement shall set the
286amount of the annual fee to be imposed upon each participating
287agency for performing these searches and establishing the
288procedures for retaining fingerprints and disseminating search
289results. The fee may be borne as provided by law. Fees may be
290waived or reduced by the executive director of the Department of
291Law Enforcement for good cause shown.
292     (f)  A noninstructional contractor who is subject to a
293criminal history check under this section shall inform a school
294district that he or she has completed a criminal history check
295in another school district within the last 5 years. The school
296district shall verify the results of the contractor's criminal
297history check using the shared system described in subsection
298(7). The school district may not charge the contractor a fee for
299verifying the results of his or her criminal history check.
300     (g)  A noninstructional contractor for whom a criminal
301history check is required under this section may not have been
302convicted of any of the following offenses designated in the
303Florida Statutes, any similar offense in another jurisdiction,
304or any similar offense committed in this state which has been
305redesignated from a former provision of the Florida Statutes to
306one of the following offenses:
307     1.  Any offense listed in s. 943.0435(1)(a)1., relating to
308the registration of an individual as a sexual offender.
309     2.  Section 393.135, relating to sexual misconduct with
310certain developmentally disabled clients and the reporting of
311such sexual misconduct.
312     3.  Section 394.4593, relating to sexual misconduct with
313certain mental health patients and the reporting of such sexual
314misconduct.
315     4.  Section 775.30, relating to terrorism.
316     5.  Section 782.04, relating to murder.
317     6.  Section 787.01, relating to kidnapping.
318     7.  Any offense under chapter 800, relating to lewdness and
319indecent exposure.
320     8.  Section 826.04, relating to incest.
321     9.  Section 827.03, relating to child abuse, aggravated
322child abuse, or neglect of a child.
323     (3)  If it is found that a noninstructional contractor has
324been convicted of any of the offenses listed in paragraph
325(2)(g), the individual shall be immediately suspended from
326having access to school grounds and shall remain suspended
327unless and until the conviction is set aside in any
328postconviction proceeding.
329     (4)  A noninstructional contractor who has been convicted
330of any of the offenses listed in paragraph (2)(g) may not be
331permitted on school grounds when students are present unless the
332contractor has received a full pardon or has had his or her
333civil rights restored. A noninstructional contractor who is
334present on school grounds in violation of this subsection
335commits a felony of the third degree, punishable as provided in
336s. 775.082 or s. 775.083.
337     (5)  If a school district has reasonable cause to believe
338that grounds exist for the denial of a contractor's access to
339school grounds when students are present, it shall notify the
340contractor in writing, stating the specific record that
341indicates noncompliance with the standards set forth in this
342section. It is the responsibility of the affected contractor to
343contest his or her denial. The only basis for contesting the
344denial is proof of mistaken identity or that an offense from
345another jurisdiction is not disqualifying under paragraph
346(2)(g).
347     (6)  Each contractor who is subject to the requirements of
348this section shall agree to inform his or her employer or the
349party to whom he or she is under contract and the school
350district within 48 hours if he or she is arrested for any of the
351disqualifying offenses in paragraph (2)(g). A contractor who
352willfully fails to comply with this subsection commits a felony
353of the third degree, punishable as provided in s. 775.082 or s.
354775.083. If the employer of a contractor or the party to whom
355the contractor is under contract knows the contractor has been
356arrested for any of the disqualifying offenses in paragraph
357(2)(g) and authorizes the contractor to be present on school
358grounds when students are present, such employer or such party
359commits a felony of the third degree, punishable as provided in
360s. 775.082 or s. 775.083.
361     (7)(a)  The Department of Law Enforcement shall implement a
362system that allows for the results of a criminal history check
363provided to a school district to be shared with other school
364districts through a secure Internet website or other secure
365electronic means. The Department of Law Enforcement may adopt
366rules under ss. 120.536(1) and 120.54 to implement this
367paragraph.
368     (b)  An employee of a school district, a charter school, a
369lab school, a charter lab school, or the Florida School for the
370Deaf and the Blind who requests or shares criminal history
371information under this section is immune from civil or criminal
372liability for any good-faith conduct that occurs during the
373performance of and within the scope of responsibilities related
374to the record check.
375     Section 8.  Section 1012.468, Florida Statutes, is created
376to read:
377     1012.468  Exceptions to certain fingerprinting and criminal
378history checks.--
379     (1)  As used in this section, the term "noninstructional
380contractor" means any vendor, individual, or entity under
381contract with a school or with the school board who receives
382remuneration for services performed for the school district or a
383school, but who is not otherwise considered an employee of the
384school district. The term also includes any employee of a
385contractor who performs services for the school district or
386school under the contract and any subcontractor and its
387employees.
388     (2)  A district school board shall exempt from the
389screening requirements set forth in ss. 1012.465 and 1012.467
390the following noninstructional contractors:
391     (a)1.  Noninstructional contractors who are under the
392direct supervision of a school district employee or contractor
393who has had a criminal history check and meets the screening
394requirements under s. 1012.32, s. 1012.465, s. 1012.467, or s.
3951012.56. For purposes of this paragraph, the term "direct
396supervision" means that a school district employee or contractor
397is physically present with a noninstructional contractor when
398the contractor has access to a student and the access remains in
399the school district employee's or the contractor's line of
400sight.
401     2.  If a noninstructional contractor who is exempt under
402this subsection is no longer under direct supervision as
403specified in subparagraph 1., the contractor may not be
404permitted on school grounds when students are present until the
405contractor meets the screening requirements in s. 1012.465 or s.
4061012.467.
407     (b)  Noninstructional contractors who are required by law
408to undergo a level 2 background screening pursuant to s. 435.04
409for licensure, certification, employment, or other purposes and
410who submit evidence of meeting the following criteria:
411     1.  The contractor meets the screening standards in s.
412435.04;
413     2.  The contractor's license or certificate is active and
414in good standing, if the contractor is a licensee or
415certificateholder; and
416     3.  The contractor completed the criminal history check
417within 5 years prior to seeking access to school grounds when
418students are present.
419     (c)  A law enforcement officer, as defined in s. 943.10,
420who is assigned or dispatched to school grounds by his or her
421employer.
422     (d)  An employee or medical director of an ambulance
423provider, licensed pursuant to chapter 401, who is providing
424services within the scope of part III of chapter 401 on behalf
425of such ambulance provider.
426     (e)  Noninstructional contractors who remain at a site
427where students are not permitted if the site is separated from
428the remainder of the school grounds by a single chain-link fence
429of 6 feet in height.
430     (f)  A noninstructional contractor who provides pick-up or
431delivery services and those services involve brief visits on
432school grounds when students are present.
433     (3)(a)  A noninstructional contractor who is exempt under
434this section from the screening requirements set forth in s.
4351012.465 or s. 1012.467 is subject to a search of his or her
436name or other identifying information against the registration
437information regarding sexual predators and sexual offenders
438maintained by the Department of Law Enforcement under s. 943.043
439and the national sex offender public registry maintained by the
440United States Department of Justice. The school district shall
441conduct the search required under this subsection without charge
442or fee to the contractor.
443     (b)  A noninstructional contractor who is identified as a
444sexual predator or sexual offender in the registry search
445required in paragraph (a) may not be permitted on school grounds
446when students are present. Upon determining that a
447noninstructional contractor may not be permitted on school
448grounds pursuant to this subsection, the school district shall
449notify the vendor, individual, or entity under contract within 3
450business days.
451     (4)  A school district may not subject a contractor who
452meets the requirements in subsection (2) to an additional
453criminal history check. Upon submission of evidence and
454verification by the school district, the school district must
455accept the results of the criminal history check for the
456contractor.
457     (5)  This section and ss. 1012.465 and 1012.467 do not
458create or imply any private cause of action for a violation of
459these sections and do not create any new duty of care or basis
460of liability.
461     Section 9.  Section 1012.321, Florida Statutes, is created
462to read:
463     1012.321  Exceptions for certain instructional personnel
464from background screening requirements.--Instructional personnel
465who are required to undergo level 2 background screening under
466s. 393.0655 or s. 402.305 and who meet the level 2 screening
467standards in s. 435.04 are not required to be rescreened in
468order to satisfy the screening requirements in s. 1012.32 if the
469instructional personnel:
470     (1)  Have completed the criminal history check within 5
471years prior to having direct contact with students;
472     (2)  Are rescreened every 5 years and meet the level 2
473screening standards; and
474     (3)  Have their fingerprints retained by the Department of
475Law Enforcement.
476     Section 10.  Except as otherwise expressly provided in this
477act, this act shall take effect July 1, 2007.


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