Senate Bill sb0988er

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  1                                 

  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:

31  


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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.

 9  

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:

31  


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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

31  


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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.

31  


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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

31  


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