Senate Bill sb0988c1

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    Florida Senate - 2007                            CS for SB 988

    By the Committee on Criminal Justice; and Senator Argenziano





    604-1995-07

  1                      A bill to be entitled

  2         An act relating to high-risk offenders;

  3         amending s. 322.141, F.S.; requiring

  4         distinctive markings for driver's licenses and

  5         identification cards issued to persons who are

  6         designated as sexual predators or subject to

  7         registration as sexual offenders; amending s.

  8         322.212, F.S.; prohibiting the alteration of

  9         sexual predator or sexual offender markings on

10         driver's licenses or identification cards, for

11         which there are criminal penalties; requiring

12         sexual predators and sexual offenders to obtain

13         an updated or renewed driver's license or

14         identification card; amending s. 775.21, F.S.;

15         requiring sexual predators to obtain a

16         distinctive driver's license or identification

17         card; amending s. 943.0435, F.S.; requiring

18         sexual offenders to obtain a distinctive

19         driver's license or identification card;

20         amending s. 944.607, F.S.; requiring specified

21         offenders who are under the supervision of the

22         Department of Corrections but are not

23         incarcerated to obtain a distinctive driver's

24         license or identification card; amending s.

25         1012.465, F.S.; revising background screening

26         requirements for certain noninstructional

27         school district employees and contractors;

28         creating s. 1012.467, F.S.; adding

29         noninstructional contractors to those who must

30         meet the screening requirements; defining the

31         terms "noninstructional contractor,"

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 1         "convicted," and "school grounds"; providing

 2         for the submission of fingerprints; requiring

 3         school districts to screen results of criminal

 4         records checks; requiring the cost of

 5         background screening requirements to be borne

 6         by certain parties; providing a cap on fees

 7         that may be charged; authorizing the retention

 8         of fingerprints; providing a list of violations

 9         that such persons must not have committed if

10         they are to satisfy the screening requirements;

11         providing penalties; providing grounds for

12         contesting denial of access to school grounds;

13         providing reporting requirements; providing

14         that the failure to meet requirements is a

15         misdemeanor of the first degree; allowing

16         certain educational entities to share

17         information derived from checks of criminal

18         history records; authorizing the Department of

19         Law Enforcement to adopt rules; providing

20         immunity from civil or criminal liability;

21         creating s. 1012.468, F.S.; specifying

22         exemptions for contractors; providing criteria

23         and conditions; providing for rulemaking by the

24         State Board of Education; providing that

25         exempted contractors are subject to a search of

26         certain databases that list sexual predators

27         and sexual offenders; providing consequences of

28         a failure to meet the screening requirements;

29         prohibiting school districts from conducting

30         additional criminal history checks; specifying

31         that the act does not create a private cause of

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 1         action or a new duty of care or basis of

 2         liability; creating s. 1012.321, F.S.; creating

 3         an exception for certain instructional

 4         personnel; providing criteria; providing

 5         effective dates.

 6  

 7  Be It Enacted by the Legislature of the State of Florida:

 8  

 9         Section 1.  Effective August 1, 2007, section 322.141,

10  Florida Statutes, is amended to read:

11         322.141  Color or markings of certain licenses or

12  identification cards.--

13         (1)  All licenses originally issued or reissued by the

14  department to persons under the age of 21 years for the

15  operation of motor vehicles shall have markings or color which

16  shall be obviously separate and distinct from all other

17  licenses issued by the department for the operation of motor

18  vehicles.

19         (2)(a)  All licenses for the operation of motor

20  vehicles originally issued or reissued by the department to

21  persons who have insulin-dependent diabetes may, at the

22  request of the applicant, have distinctive markings separate

23  and distinct from all other licenses issued by the department.

24         (b)  At the time of application for original license or

25  reissue, the department shall require such proof as it deems

26  appropriate that a person has insulin-dependent diabetes.

27         (3)  All licenses for the operation of motor vehicles

28  or identification cards originally issued or reissued by the

29  department to persons who are designated as sexual predators

30  under s. 775.21 or subject to registration as sexual offenders

31  

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 1  under s. 943.0435 or s. 944.607 shall have on the front of the

 2  license the following:

 3         (a)  For a person designated as a sexual predator under

 4  s. 775.21, the marking "775.21, F.S."

 5         (b)  For a person subject to registration as a sexual

 6  offender under s. 943.0435 or s. 944.607, the marking

 7  "943.0435, F.S."

 8         Section 2.  Effective February 1, 2008, paragraphs (c)

 9  and (d) are added to subsection (5) of section 322.212,

10  Florida Statutes, to read:

11         322.212  Unauthorized possession of, and other unlawful

12  acts in relation to, driver's license or identification

13  card.--

14         (5)

15         (c)  It is unlawful for any person to have in his or

16  her possession a driver's license or identification card upon

17  which the sexual predator or sexual offender markings required

18  by s. 322.141 are not displayed or have been altered.

19         (d)  Unless previously secured or updated as required

20  under s. 322.141 or this section, each sexual offender and

21  sexual predator shall report to the department during the

22  month of his or her reregistration requirement as required

23  under s. 775.21(8), s. 943.0435(14), or s. 994.607(13) in

24  order to obtain an updated or renewed driver's license or

25  identification card as required under s. 322.141.

26         Section 3.  Paragraph (f) of subsection (6) of section

27  775.21, Florida Statutes, are amended to read:

28         775.21  The Florida Sexual Predators Act.--

29         (6)  REGISTRATION.--

30         (f)  Within 48 hours after the registration required

31  under paragraph (a) or paragraph (e), a sexual predator who is

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 1  not incarcerated and who resides in the community, including a

 2  sexual predator under the supervision of the Department of

 3  Corrections, shall register in person at a driver's license

 4  office of the Department of Highway Safety and Motor Vehicles

 5  and shall present proof of registration. At the driver's

 6  license office the sexual predator shall:

 7         1.  If otherwise qualified, secure a Florida driver's

 8  license, renew a Florida driver's license, or secure an

 9  identification card. The sexual predator shall identify

10  himself or herself as a sexual predator who is required to

11  comply with this section, provide his or her place of

12  permanent or temporary residence, including a rural route

13  address and a post office box, and submit to the taking of a

14  photograph for use in issuing a driver's license, renewed

15  license, or identification card, and for use by the department

16  in maintaining current records of sexual predators. A post

17  office box shall not be provided in lieu of a physical

18  residential address. If the sexual predator's place of

19  residence is a motor vehicle, trailer, mobile home, or

20  manufactured home, as defined in chapter 320, the sexual

21  predator shall also provide to the Department of Highway

22  Safety and Motor Vehicles the vehicle identification number;

23  the license tag number; the registration number; and a

24  description, including color scheme, of the motor vehicle,

25  trailer, mobile home, or manufactured home. If a sexual

26  predator's place of residence is a vessel, live-aboard vessel,

27  or houseboat, as defined in chapter 327, the sexual predator

28  shall also provide to the Department of Highway Safety and

29  Motor Vehicles the hull identification number; the

30  manufacturer's serial number; the name of the vessel,

31  live-aboard vessel, or houseboat; the registration number; and

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 1  a description, including color scheme, of the vessel,

 2  live-aboard vessel, or houseboat.

 3         2.  Pay the costs assessed by the Department of Highway

 4  Safety and Motor Vehicles for issuing or renewing a driver's

 5  license or identification card as required by this section.

 6  The driver's license or identification card issued to the

 7  sexual predator must be in compliance with s. 322.141(3).

 8         3.  Provide, upon request, any additional information

 9  necessary to confirm the identity of the sexual predator,

10  including a set of fingerprints.

11  

12  The sheriff shall promptly provide to the department the

13  information received from the sexual predator.

14         Section 4.  Subsection (3) of section 943.0435, Florida

15  Statutes, is amended to read:

16         943.0435  Sexual offenders required to register with

17  the department; penalty.--

18         (3)  Within 48 hours after the report required under

19  subsection (2), a sexual offender shall report in person at a

20  driver's license office of the Department of Highway Safety

21  and Motor Vehicles, unless a driver's license or

22  identification card that complies with the requirements of s.

23  322.141(3) was previously secured or updated under s. 944.607.

24  At the driver's license office the sexual offender shall:

25         (a)  If otherwise qualified, secure a Florida driver's

26  license, renew a Florida driver's license, or secure an

27  identification card. The sexual offender shall identify

28  himself or herself as a sexual offender who is required to

29  comply with this section and shall provide proof that the

30  sexual offender reported as required in subsection (2). The

31  sexual offender shall provide any of the information specified

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 1  in subsection (2), if requested. The sexual offender shall

 2  submit to the taking of a photograph for use in issuing a

 3  driver's license, renewed license, or identification card, and

 4  for use by the department in maintaining current records of

 5  sexual offenders.

 6         (b)  Pay the costs assessed by the Department of

 7  Highway Safety and Motor Vehicles for issuing or renewing a

 8  driver's license or identification card as required by this

 9  section. The driver's license or identification card issued

10  must be in compliance with s. 322.141(3).

11         (c)  Provide, upon request, any additional information

12  necessary to confirm the identity of the sexual offender,

13  including a set of fingerprints.

14         Section 5.  Subsection (9) of section 944.607, Florida

15  Statutes, is amended to read:

16         944.607  Notification to Department of Law Enforcement

17  of information on sexual offenders.--

18         (9)  A sexual offender, as described in this section,

19  who is under the supervision of the Department of Corrections

20  but who is not incarcerated shall, in addition to the

21  registration requirements provided in subsection (4), register

22  and obtain a distinctive driver's license or identification

23  card in the manner provided in s. 943.0435(3), (4), and (5),

24  unless the sexual offender is a sexual predator, in which case

25  he or she shall register and obtain a distinctive driver's

26  license or identification card as required under s. 775.21. A

27  sexual offender who fails to comply with the requirements of

28  s. 943.0435 is subject to the penalties provided in s.

29  943.0435(9).

30         Section 6.  Subsection (1) of section 1012.465, Florida

31  Statutes, is amended to read:

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 1         1012.465  Background screening requirements for certain

 2  noninstructional school district employees and contractors.--

 3         (1)  Except as provided in s. 1012.467 or s. 1012.468,

 4  noninstructional school district employees or contractual

 5  personnel who are permitted access on school grounds when

 6  students are present, who have direct contact with students or

 7  who have access to or control of school funds must meet level

 8  2 screening requirements as described in s. 1012.32.

 9  Contractual personnel shall include any vendor, individual, or

10  entity under contract with a school or the school board.

11         Section 7.  Section 1012.467, Florida Statutes, is

12  created to read:

13         1012.467  Noninstructional contractors who are

14  permitted access to school grounds when students are present;

15  background screening requirements.--

16         (1)  As used in this section, the term:

17         (a)  "Noninstructional contractor" means any vendor,

18  individual, or entity under contract with a school or with the

19  school board who receives remuneration for services performed

20  for the school district or a school, but who is not otherwise

21  considered an employee of the school district. The term also

22  includes any employee of a contractor who performs services

23  for the school district or school under the contract and any

24  subcontractor and its employees.

25         (b)  "Convicted" has the same meaning as in s.

26  943.0435.

27         (c)  "School grounds" means the buildings and grounds

28  of any public prekindergarten, kindergarten, elementary

29  school, middle school, junior high school, high school, or

30  secondary school, or any combination of grades prekindergarten

31  

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 1  through grade 12, together with the school district land on

 2  which the buildings are located. The term does not include:

 3         1.  Any other facility or location where school classes

 4  or activities may be located or take place;

 5         2.  The buildings and grounds of any public

 6  prekindergarten, kindergarten, elementary school, middle

 7  school, junior high school, high school, or secondary school,

 8  or any combination of grades prekindergarten through grade 12,

 9  or contiguous school district land, during any time period in

10  which students are not permitted access; or

11         3.  Any building described in this paragraph during any

12  period in which it is used solely as a career or technical

13  center under part IV of chapter 1004 for postsecondary or

14  adult education.

15         (2)(a)  A fingerprint-based criminal history check

16  shall be performed on each noninstructional contractor who is

17  permitted access to school grounds when students are present,

18  whose performance of the contract with the school or school

19  board is not anticipated to result in direct contact with

20  students, and for whom any unanticipated contact would be

21  infrequent and incidental. Criminal history checks shall be

22  performed at least once every 5 years. For the initial

23  criminal history check, each noninstructional contractor who

24  is subject to the criminal history check shall file with the

25  Department of Law Enforcement a complete set of fingerprints

26  taken by an authorized law enforcement agency or an employee

27  of a school district, a public school, or a private company

28  who is trained to take fingerprints. The fingerprints shall be

29  electronically submitted for state processing to the

30  Department of Law Enforcement, which shall in turn submit the

31  fingerprints to the Federal Bureau of Investigation for

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 1  national processing. The results of each criminal history

 2  check shall be reported to the school district in which the

 3  individual is seeking access and entered into the shared

 4  system described in subsection (7). The school district shall

 5  screen the results using the disqualifying offenses in

 6  paragraph (g). The cost of the criminal history check may be

 7  borne by the district school board, the school, or the

 8  contractor. A fee that is charged by a district school board

 9  for such checks may not exceed 30 percent of the total amount

10  charged by the Department of Law Enforcement and the Federal

11  Bureau of Investigation.

12         (b)  As authorized by law, the Department of Law

13  Enforcement shall retain the fingerprints submitted by the

14  school districts pursuant to this subsection to the Department

15  of Law Enforcement for a criminal history background screening

16  in a manner provided by rule and enter the fingerprints in the

17  statewide automated fingerprint identification system

18  authorized by s. 943.05(2)(b). The fingerprints shall

19  thereafter be available for all purposes and uses authorized

20  for arrest fingerprint cards entered into the statewide

21  automated fingerprint identification system under s. 943.051.

22         (c)  As authorized by law, the Department of Law

23  Enforcement shall search all arrest fingerprint cards received

24  under s. 943.051 against the fingerprints retained in the

25  statewide automated fingerprint identification system under

26  paragraph (b).

27         (d)  School districts may participate in the search

28  process described in this subsection by paying an annual fee

29  to the Department of Law Enforcement.

30         (e)  A fingerprint retained pursuant to this subsection

31  shall be purged from the automated fingerprint identification

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 1  system 5 years following the date the fingerprint was

 2  initially submitted. The Department of Law Enforcement shall

 3  set the amount of the annual fee to be imposed upon each

 4  participating agency for performing these searches and

 5  establishing the procedures for retaining fingerprints and

 6  disseminating search results. The fee may be borne as provided

 7  by law. Fees may be waived or reduced by the executive

 8  director of the Department of Law Enforcement for good cause

 9  shown.

10         (f)  A noninstructional contractor who is subject to a

11  criminal history check under this section shall inform a

12  school district that he or she has completed a criminal

13  history check in another school district within the last 5

14  years. The school district shall verify the results of the

15  contractor's criminal history check using the shared system

16  described in subsection (7). The school district may not

17  charge the contractor a fee for verifying the results of his

18  or her criminal history check.

19         (g)  A noninstructional contractor for whom a criminal

20  history check is required under this section may not have been

21  convicted of any of the following offenses designated in the

22  Florida Statutes, any similar offense in another jurisdiction,

23  or any similar offense committed in this state which has been

24  redesignated from a former provision of the Florida Statutes

25  to one of the following offenses:

26         1.  Any offense listed in s. 943.0435(1)(a)1., relating

27  to the registration of an individual as a sexual offender.

28         2.  Section 393.135, relating to sexual misconduct with

29  certain developmentally disabled clients and the reporting of

30  such sexual misconduct.

31  

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 1         3.  Section 394.4593, relating to sexual misconduct

 2  with certain mental health patients and the reporting of such

 3  sexual misconduct.

 4         4.  Section 775.30, relating to terrorism.

 5         5.  Section 782.04, relating to murder.

 6         6.  Section 787.01, relating to kidnapping.

 7         7.  Any offense under chapter 800, relating to lewdness

 8  and indecent exposure.

 9         8.  Section 826.04, relating to incest.

10         9.  Section 827.03, relating to child abuse, aggravated

11  child abuse, or neglect of a child.

12         (3)  If it is found that a noninstructional contractor

13  has been convicted of any of the offenses listed in paragraph

14  (2)(g), the individual shall be immediately suspended from

15  having access to school grounds and shall remain suspended

16  unless and until the conviction is set aside in any

17  postconviction proceeding.

18         (4)  A noninstructional contractor who has been

19  convicted of any of the offenses listed in paragraph (2)(g)

20  may not be permitted on school grounds when students are

21  present unless the contractor has received a full pardon or

22  has had his or her civil rights restored. A noninstructional

23  contractor who is present on school grounds in violation of

24  this subsection commits a felony of the third degree,

25  punishable as provided in s. 775.082 or s. 775.083.

26         (5)  If a school district has reasonable cause to

27  believe that grounds exist for the denial of a contractor's

28  access to school grounds when students are present, it shall

29  notify the contractor in writing, stating the specific record

30  that indicates noncompliance with the standards set forth in

31  this section. It is the responsibility of the affected

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 1  contractor to contest his or her denial. The only basis for

 2  contesting the denial is proof of mistaken identity or that an

 3  offense from another jurisdiction is not disqualifying under

 4  paragraph (2)(g).

 5         (6)  Each contractor who is subject to the requirements

 6  of this section shall agree to inform his or her employer or

 7  the party to whom he or she is under contract and the school

 8  district within 48 hours if he or she is arrested for any of

 9  the disqualifying offenses in paragraph (2)(g). A contractor

10  who willfully fails to comply with this subsection commits a

11  felony of the third degree, punishable as provided in s.

12  775.082 or s. 775.083. If the employer of a contractor or the

13  party to whom the contractor is under contract knows the

14  contractor has been arrested for any of the disqualifying

15  offenses in paragraph (2)(g) and authorizes the contractor to

16  be present on school grounds when students are present, such

17  employer or such party commits a felony of the third degree,

18  punishable as provided in s. 775.082 or s. 775.083.

19         (7)(a)  The Department of Law Enforcement shall

20  implement a system that allows for the results of a criminal

21  history check provided to a school district to be shared with

22  other school districts through a secure Internet website or

23  other secure electronic means. The Department of Law

24  Enforcement may adopt rules under ss. 120.536(1) and 120.54 to

25  implement this paragraph.

26         (b)  An employee of a school district, a charter

27  school, a lab school, a charter lab school, or the Florida

28  School for the Deaf and the Blind who requests or shares

29  criminal history information under this section is immune from

30  civil or criminal liability for any good-faith conduct that

31  

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 1  occurs during the performance of and within the scope of

 2  responsibilities related to the record check.

 3         Section 8.  Section 1012.468, Florida Statutes, is

 4  created to read:

 5         1012.468  Exceptions to certain fingerprinting and

 6  criminal history checks.--

 7         (1)  As used in this section, the term

 8  "noninstructional contractor" means any vendor, individual, or

 9  entity under contract with a school or with the school board

10  who receives remuneration for services performed for the

11  school district or a school, but who is not otherwise

12  considered an employee of the school district. The term also

13  includes any employee of a contractor who performs services

14  for the school district or school under the contract and any

15  subcontractor and its employees.

16         (2)  A district school board shall exempt from the

17  screening requirements set forth in ss. 1012.465 and 1012.467

18  the following noninstructional contractors:

19         (a)1.  Noninstructional contractors who are under the

20  direct supervision of a school district employee or contractor

21  who has had a criminal history check and meets the screening

22  requirements under s. 1012.32, s. 1012.465, s. 1012.467, or s.

23  1012.56. For purposes of this paragraph, the term "direct

24  supervision" means that a school district employee or

25  contractor is physically present with a noninstructional

26  contractor when the contractor has access to a student and the

27  access remains in the school district employee's or the

28  contractor's line of sight.

29         2.  If a noninstructional contractor who is exempt

30  under this subsection is no longer under direct supervision as

31  specified in subparagraph 1., the contractor may not be

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 1  permitted on school grounds when students are present until

 2  the contractor meets the screening requirements in s. 1012.465

 3  or s. 1012.467.

 4         (b)  Noninstructional contractors who are required by

 5  law to undergo a level 2 background screening pursuant to s.

 6  435.04 for licensure, certification, employment, or other

 7  purposes and who submit evidence of meeting the following

 8  criteria:

 9         1.  The contractor meets the screening standards in s.

10  435.04;

11         2.  The contractor's license or certificate is active

12  and in good standing, if the contractor is a licensee or

13  certificateholder; and

14         3.  The contractor completed the criminal history check

15  within 5 years prior to seeking access to school grounds when

16  students are present.

17         (c)  A law enforcement officer, as defined in s.

18  943.10, who is assigned or dispatched to school grounds by his

19  or her employer.

20         (d)  An employee or medical director of an ambulance

21  provider, licensed pursuant to chapter 401, who is providing

22  services within the scope of part III of chapter 401 on behalf

23  of such ambulance provider.

24         (e)  Noninstructional contractors who remain at a site

25  where students are not permitted if the site is separated from

26  the remainder of the school grounds by a single chain-link

27  fence of 6 feet in height.

28         (f)  A noninstructional contractor who provides pick-up

29  or delivery services and those services involve brief visits

30  on school grounds when students are present.

31  

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 1         (3)(a)  A noninstructional contractor who is exempt

 2  under this section from the screening requirements set forth

 3  in s. 1012.465 or s. 1012.467 is subject to a search of his or

 4  her name or other identifying information against the

 5  registration information regarding sexual predators and sexual

 6  offenders maintained by the Department of Law Enforcement

 7  under s. 943.043 and the national sex offender public registry

 8  maintained by the United States Department of Justice. The

 9  school district shall conduct the search required under this

10  subsection without charge or fee to the contractor.

11         (b)  A noninstructional contractor who is identified as

12  a sexual predator or sexual offender in the registry search

13  required in paragraph (a) may not be permitted on school

14  grounds when students are present. Upon determining that a

15  noninstructional contractor may not be permitted on school

16  grounds pursuant to this subsection, the school district shall

17  notify the vendor, individual, or entity under contract within

18  3 business days.

19         (4)  A school district may not subject a contractor who

20  meets the requirements in subsection (2) to an additional

21  criminal history check. Upon submission of evidence and

22  verification by the school district, the school district must

23  accept the results of the criminal history check for the

24  contractor.

25         (5)  This section and ss. 1012.465 and 1012.467 do not

26  create or imply any private cause of action for a violation of

27  these sections and do not create any new duty of care or basis

28  of liability.

29         Section 9.  Section 1012.321, Florida Statutes, is

30  created to read:

31  

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 1         1012.321  Exceptions for certain instructional

 2  personnel from background screening

 3  requirements.--Instructional personnel who are required to

 4  undergo level 2 background screening under s. 393.0655 or s.

 5  402.305 and who meet the level 2 screening standards in s.

 6  435.04 are not required to be rescreened in order to satisfy

 7  the screening requirements in s. 1012.32 if the instructional

 8  personnel:

 9         (1)  Have completed the criminal history check within 5

10  years prior to having direct contact with students;

11         (2)  Are rescreened every 5 years and meet the level 2

12  screening standards; and

13         (3)  Have their fingerprints retained by the Department

14  of Law Enforcement.

15         Section 10.  Except as otherwise expressly provided in

16  this act, this act shall take effect July 1, 2007.

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






    Florida Senate - 2007                            CS for SB 988
    604-1995-07




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 988

 3                                 

 4  -    Requires sexual offenders and sexual predators to report
         to a driver's license office to get his or her driver's
 5       license or identification card distinctively marked as
         required by the bill before or during the month that they
 6       are required to reregister.

 7  -    Provides clarification that a Level 2 background
         screening is not required for a contractor who is not
 8       anticipated to have direct contact with students, and for
         whom any unanticipated contact would be infrequent and
 9       incidental.

10  -    Changes the period for rescreening and new fingerprint
         submission from 3 to 5 years.
11  
    -    Extends reasons for contesting a finding that a
12       contractor has a disqualifying offense to include appeal
         of a determination that an offense in another
13       jurisdiction is similar enough to a Florida offense to be
         disqualifying.
14  
    -    Exempts employees and medical directors of ambulance
15       providers who are providing such services on school
         grounds from the screening requirement.
16  
    -    Provides an exemption from the screening requirement for
17       contractors who work at a separate site on school grounds
         if it is surrounded by a 6-foot chain link fence.
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    -    Provides that the new statutes do not create a new
19       private right to sue or create a new duty of care or
         basis of liability.
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