Senate Bill sb0988e1
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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; requiring
8 sexual predators and sexual offenders to obtain
9 an updated or a renewed driver's license or
10 identification card; amending s. 322.212, F.S.;
11 prohibiting the alteration of sexual predator
12 or sexual offender markings on driver's
13 licenses or identification cards, for which
14 there are criminal penalties; amending s.
15 775.21, F.S.; requiring sexual predators to
16 obtain a distinctive driver's license or
17 identification card; amending s. 943.0435,
18 F.S.; requiring sexual offenders to obtain a
19 distinctive driver's license or identification
20 card; amending s. 944.607, F.S.; requiring
21 specified offenders who are under the
22 supervision of the Department of Corrections
23 but are not incarcerated to obtain a
24 distinctive driver's license or identification
25 card; amending s. 1012.465, F.S.; revising
26 background screening requirements for certain
27 noninstructional school district employees and
28 contractors; 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 felony of the third degree; allowing certain
16 educational entities to share information
17 derived from checks of criminal history
18 records; authorizing the Department of Law
19 Enforcement to adopt rules; providing immunity
20 from civil or criminal liability; creating s.
21 1012.468, F.S.; specifying exemptions for
22 contractors; providing criteria and conditions;
23 providing that exempted contractors are subject
24 to a search of certain databases that list
25 sexual predators and sexual offenders;
26 providing consequences of a failure to meet the
27 screening requirements; prohibiting school
28 districts from conducting additional criminal
29 history checks; specifying that the act does
30 not create a private cause of action or a new
31 duty of care or basis of liability; creating s.
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1 1012.321, F.S.; creating an exception for
2 certain instructional personnel; providing
3 criteria; providing effective dates.
4
5 Be It Enacted by the Legislature of the State of Florida:
6
7 Section 1. Effective August 1, 2007, section 322.141,
8 Florida Statutes, is amended to read:
9 322.141 Color or markings of certain licenses or
10 identification cards.--
11 (1) All licenses originally issued or reissued by the
12 department to persons under the age of 21 years for the
13 operation of motor vehicles shall have markings or color which
14 shall be obviously separate and distinct from all other
15 licenses issued by the department for the operation of motor
16 vehicles.
17 (2)(a) All licenses for the operation of motor
18 vehicles originally issued or reissued by the department to
19 persons who have insulin-dependent diabetes may, at the
20 request of the applicant, have distinctive markings separate
21 and distinct from all other licenses issued by the department.
22 (b) At the time of application for original license or
23 reissue, the department shall require such proof as it deems
24 appropriate that a person has insulin-dependent diabetes.
25 (3) All licenses for the operation of motor vehicles
26 or identification cards originally issued or reissued by the
27 department to persons who are designated as sexual predators
28 under s. 775.21 or subject to registration as sexual offenders
29 under s. 943.0435 or s. 944.607 shall have on the front of the
30 license or identification card the following:
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1 (a) For a person designated as a sexual predator under
2 s. 775.21, the marking "775.21, F.S."
3 (b) For a person subject to registration as a sexual
4 offender under s. 943.0435 or s. 944.607, the marking
5 "943.0435, F.S."
6 (4) Unless previously secured or updated, each sexual
7 offender and sexual predator shall report to the department
8 during the month of his or her reregistration as required
9 under s. 775.21(8), s. 943.0435(14), or s. 944.607(13) in
10 order to obtain an updated or renewed driver's license or
11 identification card as required by subsection (3).
12 Section 2. Effective February 1, 2008, paragraph (c)
13 is added to subsection (5) of section 322.212, Florida
14 Statutes, to read:
15 322.212 Unauthorized possession of, and other unlawful
16 acts in relation to, driver's license or identification
17 card.--
18 (5)
19 (c) It is unlawful for any person designated as a
20 sexual predator or sexual offender to have in his or her
21 possession a driver's license or identification card upon
22 which the sexual predator or sexual offender markings required
23 by s. 322.141 are not displayed or have been altered.
24 Section 3. Paragraph (f) of subsection (6) of section
25 775.21, Florida Statutes, are amended to read:
26 775.21 The Florida Sexual Predators Act.--
27 (6) REGISTRATION.--
28 (f) Within 48 hours after the registration required
29 under paragraph (a) or paragraph (e), a sexual predator who is
30 not incarcerated and who resides in the community, including a
31 sexual predator under the supervision of the Department of
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1 Corrections, shall register in person at a driver's license
2 office of the Department of Highway Safety and Motor Vehicles
3 and shall present proof of registration. At the driver's
4 license office the sexual predator shall:
5 1. If otherwise qualified, secure a Florida driver's
6 license, renew a Florida driver's license, or secure an
7 identification card. The sexual predator shall identify
8 himself or herself as a sexual predator who is required to
9 comply with this section, provide his or her place of
10 permanent or temporary residence, including a rural route
11 address and a post office box, and submit to the taking of a
12 photograph for use in issuing a driver's license, renewed
13 license, or identification card, and for use by the department
14 in maintaining current records of sexual predators. A post
15 office box shall not be provided in lieu of a physical
16 residential address. If the sexual predator's place of
17 residence is a motor vehicle, trailer, mobile home, or
18 manufactured home, as defined in chapter 320, the sexual
19 predator shall also provide to the Department of Highway
20 Safety and Motor Vehicles the vehicle identification number;
21 the license tag number; the registration number; and a
22 description, including color scheme, of the motor vehicle,
23 trailer, mobile home, or manufactured home. If a sexual
24 predator's place of residence is a vessel, live-aboard vessel,
25 or houseboat, as defined in chapter 327, the sexual predator
26 shall also provide to the Department of Highway Safety and
27 Motor Vehicles the hull identification number; the
28 manufacturer's serial number; the name of the vessel,
29 live-aboard vessel, or houseboat; the registration number; and
30 a description, including color scheme, of the vessel,
31 live-aboard vessel, or houseboat.
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1 2. Pay the costs assessed by the Department of Highway
2 Safety and Motor Vehicles for issuing or renewing a driver's
3 license or identification card as required by this section.
4 The driver's license or identification card issued to the
5 sexual predator must be in compliance with s. 322.141(3).
6 3. Provide, upon request, any additional information
7 necessary to confirm the identity of the sexual predator,
8 including a set of fingerprints.
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10 The sheriff shall promptly provide to the department the
11 information received from the sexual predator.
12 Section 4. Subsection (3) of section 943.0435, Florida
13 Statutes, is amended to read:
14 943.0435 Sexual offenders required to register with
15 the department; penalty.--
16 (3) Within 48 hours after the report required under
17 subsection (2), a sexual offender shall report in person at a
18 driver's license office of the Department of Highway Safety
19 and Motor Vehicles, unless a driver's license or
20 identification card that complies with the requirements of s.
21 322.141(3) was previously secured or updated under s. 944.607.
22 At the driver's license office the sexual offender shall:
23 (a) If otherwise qualified, secure a Florida driver's
24 license, renew a Florida driver's license, or secure an
25 identification card. The sexual offender shall identify
26 himself or herself as a sexual offender who is required to
27 comply with this section and shall provide proof that the
28 sexual offender reported as required in subsection (2). The
29 sexual offender shall provide any of the information specified
30 in subsection (2), if requested. The sexual offender shall
31 submit to the taking of a photograph for use in issuing a
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1 driver's license, renewed license, or identification card, and
2 for use by the department in maintaining current records of
3 sexual offenders.
4 (b) Pay the costs assessed by the Department of
5 Highway Safety and Motor Vehicles for issuing or renewing a
6 driver's license or identification card as required by this
7 section. The driver's license or identification card issued
8 must be in compliance with s. 322.141(3).
9 (c) Provide, upon request, any additional information
10 necessary to confirm the identity of the sexual offender,
11 including a set of fingerprints.
12 Section 5. Subsection (9) of section 944.607, Florida
13 Statutes, is amended to read:
14 944.607 Notification to Department of Law Enforcement
15 of information on sexual offenders.--
16 (9) A sexual offender, as described in this section,
17 who is under the supervision of the Department of Corrections
18 but who is not incarcerated shall, in addition to the
19 registration requirements provided in subsection (4), register
20 and obtain a distinctive driver's license or identification
21 card in the manner provided in s. 943.0435(3), (4), and (5),
22 unless the sexual offender is a sexual predator, in which case
23 he or she shall register and obtain a distinctive driver's
24 license or identification card as required under s. 775.21. A
25 sexual offender who fails to comply with the requirements of
26 s. 943.0435 is subject to the penalties provided in s.
27 943.0435(9).
28 Section 6. Subsection (1) of section 1012.465, Florida
29 Statutes, is amended to read:
30 1012.465 Background screening requirements for certain
31 noninstructional school district employees and contractors.--
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1 (1) Except as provided in s. 1012.467 or s. 1012.468,
2 noninstructional school district employees or contractual
3 personnel who are permitted access on school grounds when
4 students are present, who have direct contact with students or
5 who have access to or control of school funds must meet level
6 2 screening requirements as described in s. 1012.32.
7 Contractual personnel shall include any vendor, individual, or
8 entity under contract with a school or the school board.
9 Section 7. Section 1012.467, Florida Statutes, is
10 created to read:
11 1012.467 Noninstructional contractors who are
12 permitted access to school grounds when students are present;
13 background screening requirements.--
14 (1) As used in this section, the term:
15 (a) "Noninstructional contractor" means any vendor,
16 individual, or entity under contract with a school or with the
17 school board who receives remuneration for services performed
18 for the school district or a school, but who is not otherwise
19 considered an employee of the school district. The term also
20 includes any employee of a contractor who performs services
21 for the school district or school under the contract and any
22 subcontractor and its employees.
23 (b) "Convicted" has the same meaning as in s.
24 943.0435.
25 (c) "School grounds" means the buildings and grounds
26 of any public prekindergarten, kindergarten, elementary
27 school, middle school, junior high school, high school, or
28 secondary school, or any combination of grades prekindergarten
29 through grade 12, together with the school district land on
30 which the buildings are located. The term does not include:
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1 1. Any other facility or location where school classes
2 or activities may be located or take place;
3 2. The buildings and grounds of any public
4 prekindergarten, kindergarten, elementary school, middle
5 school, junior high school, high school, or secondary school,
6 or any combination of grades prekindergarten through grade 12,
7 or contiguous school district land, during any time period in
8 which students are not permitted access; or
9 3. Any building described in this paragraph during any
10 period in which it is used solely as a career or technical
11 center under part IV of chapter 1004 for postsecondary or
12 adult education.
13 (2)(a) A fingerprint-based criminal history check
14 shall be performed on each noninstructional contractor who is
15 permitted access to school grounds when students are present,
16 whose performance of the contract with the school or school
17 board is not anticipated to result in direct contact with
18 students, and for whom any unanticipated contact would be
19 infrequent and incidental. Criminal history checks shall be
20 performed at least once every 5 years. For the initial
21 criminal history check, each noninstructional contractor who
22 is subject to the criminal history check shall file with the
23 Department of Law Enforcement a complete set of fingerprints
24 taken by an authorized law enforcement agency or an employee
25 of a school district, a public school, or a private company
26 who is trained to take fingerprints. The fingerprints shall be
27 electronically submitted for state processing to the
28 Department of Law Enforcement, which shall in turn submit the
29 fingerprints to the Federal Bureau of Investigation for
30 national processing. The results of each criminal history
31 check shall be reported to the school district in which the
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1 individual is seeking access and entered into the shared
2 system described in subsection (7). The school district shall
3 screen the results using the disqualifying offenses in
4 paragraph (g). The cost of the criminal history check may be
5 borne by the district school board, the school, or the
6 contractor. A fee that is charged by a district school board
7 for such checks may not exceed 30 percent of the total amount
8 charged by the Department of Law Enforcement and the Federal
9 Bureau of Investigation.
10 (b) As authorized by law, the Department of Law
11 Enforcement shall retain the fingerprints submitted by the
12 school districts pursuant to this subsection to the Department
13 of Law Enforcement for a criminal history background screening
14 in a manner provided by rule and enter the fingerprints in the
15 statewide automated fingerprint identification system
16 authorized by s. 943.05(2)(b). The fingerprints shall
17 thereafter be available for all purposes and uses authorized
18 for arrest fingerprint cards entered into the statewide
19 automated fingerprint identification system under s. 943.051.
20 (c) As authorized by law, the Department of Law
21 Enforcement shall search all arrest fingerprint cards received
22 under s. 943.051 against the fingerprints retained in the
23 statewide automated fingerprint identification system under
24 paragraph (b).
25 (d) School districts may participate in the search
26 process described in this subsection by paying an annual fee
27 to the Department of Law Enforcement.
28 (e) A fingerprint retained pursuant to this subsection
29 shall be purged from the automated fingerprint identification
30 system 5 years following the date the fingerprint was
31 initially submitted. The Department of Law Enforcement shall
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1 set the amount of the annual fee to be imposed upon each
2 participating agency for performing these searches and
3 establishing the procedures for retaining fingerprints and
4 disseminating search results. The fee may be borne as provided
5 by law. Fees may be waived or reduced by the executive
6 director of the Department of Law Enforcement for good cause
7 shown.
8 (f) A noninstructional contractor who is subject to a
9 criminal history check under this section shall inform a
10 school district that he or she has completed a criminal
11 history check in another school district within the last 5
12 years. The school district shall verify the results of the
13 contractor's criminal history check using the shared system
14 described in subsection (7). The school district may not
15 charge the contractor a fee for verifying the results of his
16 or her criminal history check.
17 (g) A noninstructional contractor for whom a criminal
18 history check is required under this section may not have been
19 convicted of any of the following offenses designated in the
20 Florida Statutes, any similar offense in another jurisdiction,
21 or any similar offense committed in this state which has been
22 redesignated from a former provision of the Florida Statutes
23 to one of the following offenses:
24 1. Any offense listed in s. 943.0435(1)(a)1., relating
25 to the registration of an individual as a sexual offender.
26 2. Section 393.135, relating to sexual misconduct with
27 certain developmentally disabled clients and the reporting of
28 such sexual misconduct.
29 3. Section 394.4593, relating to sexual misconduct
30 with certain mental health patients and the reporting of such
31 sexual misconduct.
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1 4. Section 775.30, relating to terrorism.
2 5. Section 782.04, relating to murder.
3 6. Section 787.01, relating to kidnapping.
4 7. Any offense under chapter 800, relating to lewdness
5 and indecent exposure.
6 8. Section 826.04, relating to incest.
7 9. Section 827.03, relating to child abuse, aggravated
8 child abuse, or neglect of a child.
9 (3) If it is found that a noninstructional contractor
10 has been convicted of any of the offenses listed in paragraph
11 (2)(g), the individual shall be immediately suspended from
12 having access to school grounds and shall remain suspended
13 unless and until the conviction is set aside in any
14 postconviction proceeding.
15 (4) A noninstructional contractor who has been
16 convicted of any of the offenses listed in paragraph (2)(g)
17 may not be permitted on school grounds when students are
18 present unless the contractor has received a full pardon or
19 has had his or her civil rights restored. A noninstructional
20 contractor who is present on school grounds in violation of
21 this subsection commits a felony of the third degree,
22 punishable as provided in s. 775.082 or s. 775.083.
23 (5) If a school district has reasonable cause to
24 believe that grounds exist for the denial of a contractor's
25 access to school grounds when students are present, it shall
26 notify the contractor in writing, stating the specific record
27 that indicates noncompliance with the standards set forth in
28 this section. It is the responsibility of the affected
29 contractor to contest his or her denial. The only basis for
30 contesting the denial is proof of mistaken identity or that an
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1 offense from another jurisdiction is not disqualifying under
2 paragraph (2)(g).
3 (6) Each contractor who is subject to the requirements
4 of this section shall agree to inform his or her employer or
5 the party to whom he or she is under contract and the school
6 district within 48 hours if he or she is arrested for any of
7 the disqualifying offenses in paragraph (2)(g). A contractor
8 who willfully fails to comply with this subsection commits a
9 felony of the third degree, punishable as provided in s.
10 775.082 or s. 775.083. If the employer of a contractor or the
11 party to whom the contractor is under contract knows the
12 contractor has been arrested for any of the disqualifying
13 offenses in paragraph (2)(g) and authorizes the contractor to
14 be present on school grounds when students are present, such
15 employer or such party commits a felony of the third degree,
16 punishable as provided in s. 775.082 or s. 775.083.
17 (7)(a) The Department of Law Enforcement shall
18 implement a system that allows for the results of a criminal
19 history check provided to a school district to be shared with
20 other school districts through a secure Internet website or
21 other secure electronic means. The Department of Law
22 Enforcement may adopt rules under ss. 120.536(1) and 120.54 to
23 implement this paragraph.
24 (b) An employee of a school district, a charter
25 school, a lab school, a charter lab school, or the Florida
26 School for the Deaf and the Blind who requests or shares
27 criminal history information under this section is immune from
28 civil or criminal liability for any good-faith conduct that
29 occurs during the performance of and within the scope of
30 responsibilities related to the record check.
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1 Section 8. Section 1012.468, Florida Statutes, is
2 created to read:
3 1012.468 Exceptions to certain fingerprinting and
4 criminal history checks.--
5 (1) As used in this section, the term
6 "noninstructional contractor" means any vendor, individual, or
7 entity under contract with a school or with the school board
8 who receives remuneration for services performed for the
9 school district or a school, but who is not otherwise
10 considered an employee of the school district. The term also
11 includes any employee of a contractor who performs services
12 for the school district or school under the contract and any
13 subcontractor and its employees.
14 (2) A district school board shall exempt from the
15 screening requirements set forth in ss. 1012.465 and 1012.467
16 the following noninstructional contractors:
17 (a)1. Noninstructional contractors who are under the
18 direct supervision of a school district employee or contractor
19 who has had a criminal history check and meets the screening
20 requirements under s. 1012.32, s. 1012.465, s. 1012.467, or s.
21 1012.56. For purposes of this paragraph, the term "direct
22 supervision" means that a school district employee or
23 contractor is physically present with a noninstructional
24 contractor when the contractor has access to a student and the
25 access remains in the school district employee's or the
26 contractor's line of sight.
27 2. If a noninstructional contractor who is exempt
28 under this subsection is no longer under direct supervision as
29 specified in subparagraph 1., the contractor may not be
30 permitted on school grounds when students are present until
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1 the contractor meets the screening requirements in s. 1012.465
2 or s. 1012.467.
3 (b) Noninstructional contractors who are required by
4 law to undergo a level 2 background screening pursuant to s.
5 435.04 for licensure, certification, employment, or other
6 purposes and who submit evidence of meeting the following
7 criteria:
8 1. The contractor meets the screening standards in s.
9 435.04;
10 2. The contractor's license or certificate is active
11 and in good standing, if the contractor is a licensee or
12 certificateholder; and
13 3. The contractor completed the criminal history check
14 within 5 years prior to seeking access to school grounds when
15 students are present.
16 (c) A law enforcement officer, as defined in s.
17 943.10, who is assigned or dispatched to school grounds by his
18 or her employer.
19 (d) An employee or medical director of an ambulance
20 provider, licensed pursuant to chapter 401, who is providing
21 services within the scope of part III of chapter 401 on behalf
22 of such ambulance provider.
23 (e) Noninstructional contractors who remain at a site
24 where students are not permitted if the site is separated from
25 the remainder of the school grounds by a single chain-link
26 fence of 6 feet in height.
27 (f) A noninstructional contractor who provides pick-up
28 or delivery services and those services involve brief visits
29 on school grounds when students are present.
30 (3)(a) A noninstructional contractor who is exempt
31 under this section from the screening requirements set forth
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1 in s. 1012.465 or s. 1012.467 is subject to a search of his or
2 her name or other identifying information against the
3 registration information regarding sexual predators and sexual
4 offenders maintained by the Department of Law Enforcement
5 under s. 943.043 and the national sex offender public registry
6 maintained by the United States Department of Justice. The
7 school district shall conduct the search required under this
8 subsection without charge or fee to the contractor.
9 (b) A noninstructional contractor who is identified as
10 a sexual predator or sexual offender in the registry search
11 required in paragraph (a) may not be permitted on school
12 grounds when students are present. Upon determining that a
13 noninstructional contractor may not be permitted on school
14 grounds pursuant to this subsection, the school district shall
15 notify the vendor, individual, or entity under contract within
16 3 business days.
17 (4) A school district may not subject a contractor who
18 meets the requirements in subsection (2) to an additional
19 criminal history check. Upon submission of evidence and
20 verification by the school district, the school district must
21 accept the results of the criminal history check for the
22 contractor.
23 (5) This section and ss. 1012.465 and 1012.467 do not
24 create or imply any private cause of action for a violation of
25 these sections and do not create any new duty of care or basis
26 of liability.
27 Section 9. Section 1012.321, Florida Statutes, is
28 created to read:
29 1012.321 Exceptions for certain instructional
30 personnel from background screening
31 requirements.--Instructional personnel who are required to
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1 undergo level 2 background screening under s. 393.0655 or s.
2 402.305 and who meet the level 2 screening standards in s.
3 435.04 are not required to be rescreened in order to satisfy
4 the screening requirements in s. 1012.32 if the instructional
5 personnel:
6 (1) Have completed the criminal history check within 5
7 years prior to having direct contact with students;
8 (2) Are rescreened every 5 years and meet the level 2
9 screening standards; and
10 (3) Have their fingerprints retained by the Department
11 of Law Enforcement.
12 Section 10. Except as otherwise expressly provided in
13 this act, this act shall take effect July 1, 2007.
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