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A bill to be entitled

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An act relating to child care facilities; amending s.

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402.305, F.S.; requiring electronic submission of

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fingerprints of child care personnel and retention of

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fingerprints by the Department of Law Enforcement;

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requiring that fingerprints retained be searched against

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arrest records; requiring that records identified with the

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retained fingerprints be reported to the Department of

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Children and Family Services; providing for fees;

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requiring an invoice for fees; providing rulemaking

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authority; requiring certain persons to be

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refingerprinted; requiring level 2 screening of each

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person who is employed in a child care facility every 5

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years; providing an effective date.

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

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     Section 1.  Paragraph (a) of subsection (2) of section

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402.305, Florida Statutes, is amended to read:

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     402.305  Licensing standards; child care facilities.--

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     (2)  PERSONNEL.--Minimum standards for child care personnel

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shall include minimum requirements as to:

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     (a)  Good moral character based upon screening.  This

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screening shall be conducted as provided in chapter 435, using

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the level 2 standards for screening set forth in that chapter.

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     1. Beginning July 1, 2009, all fingerprints submitted to

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the Department of Law Enforcement as required by this subsection

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shall be submitted electronically and shall be retained by the

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Department of Law Enforcement in a manner provided by rule and

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entered in the statewide automated fingerprint identification

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system authorized by s. 943.05(2)(b). Such fingerprints shall

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thereafter be available for all purposes and uses authorized for

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arrest fingerprint cards entered in the statewide automated

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fingerprint identification system pursuant to s. 943.051.

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     2. Beginning July 1, 2009, the Department of Law

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Enforcement shall search all arrest fingerprint cards received

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under s. 943.051 against the fingerprints retained in the

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statewide automated fingerprint identification system under

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subparagraph 1. Any arrest record that is identified with the

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retained fingerprints of a person subject to the background

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screening under this section shall be reported to the department.

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The department shall participate in this search process by paying

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an annual fee to the Department of Law Enforcement and informing

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the Department of Law Enforcement of any personnel whose

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fingerprints are retained under subparagraph 1. who are no longer

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employed by a facility regulated by the department. The

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Department of Law Enforcement shall adopt a rule setting the

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amount of the annual fee to be imposed upon the department for

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performing these searches and establishing the procedures for the

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retention of fingerprints and the dissemination of search

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results. The Department of Law Enforcement shall provide an

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invoice to the department for fingerprints retained. The fee may

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be borne by the department, the facility or home provider, or the

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person fingerprinted.

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     3. Beginning July 1, 2009, personnel whose fingerprints are

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not retained by the Department of Law Enforcement under

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subparagraphs 1. and 2. shall be refingerprinted and must meet

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level 2 screening requirements as described in this section upon

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reemployment or reengagement to provide services in order to

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comply with the requirements of this subsection.

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     4. No later than December 1, 2010, any personnel whose

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fingerprints are not retained by the Department of Law

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Enforcement under subparagraphs 1. and 2. shall be

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refingerprinted and must meet level 2 screening requirements as

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described in this section.

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     5. Every 5 years each person who is employed in a child

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care facility must meet level 2 screening requirements as

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described in s. 435.04. The department shall request the

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Department of Law Enforcement to forward the fingerprints to the

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Federal Bureau of Investigation for the level 2 screening. In

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addition, child care personnel, with the exception of child care

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personnel who work in migrant and seasonal farmworker child care

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facilities, must be rescreened following a break in employment in

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the child care industry of longer than 90 days.

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     6. The cost of the state and federal criminal history check

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required by level 2 screening may be borne by the facility or

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home provider or the person fingerprinted. The Department of Law

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Enforcement shall provide an invoice to the department for

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fingerprints submitted.

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     Section 2.  This act shall take effect July 1, 2008.