Florida Senate - 2009    (Corrected Copy)    (Proposed Committee
       Bill) SPB 7050
       
       
       FOR CONSIDERATION By the Committee on Education Pre-K - 12
       
       
       
       
       581-00783H-09                                         20097050__
    1                        A bill to be entitled                      
    2         An act relating to criminal background screenings;
    3         amending s. 402.302, F.S.; revising the terms “child
    4         care personnel” and “screening” to specify the
    5         personnel who are subject to the screening
    6         requirements and conform to changes made by the act;
    7         amending s. 402.3025, F.S.; conforming provisions to
    8         changes made by the act; amending s. 402.305, F.S.;
    9         prohibiting the Department of Children and Family
   10         Services from adopting different background screening
   11         standards for facilities that serve different age
   12         groups; revising the minimum screening standards for
   13         child care personnel; prohibiting the Department of
   14         Children and Family Services from granting an
   15         exemption from disqualification for child care,
   16         prekindergarten, and other personnel who are convicted
   17         of certain offenses; creating s. 402.3056, F.S.;
   18         requiring that child care personnel in facilities,
   19         nonpublic schools, family day care homes, and large
   20         family child care homes meet certain background
   21         screening requirements; requiring that such child care
   22         personnel be screened every 5 years; requiring that a
   23         child care facility or entity prohibit personnel who
   24         fail to meet the screening requirements from having
   25         direct contact with children; requiring that child
   26         care personnel agree to inform their employer within a
   27         specified period after being charged with or convicted
   28         of any disqualifying offense; requiring that the
   29         Department of Children and Family Services screen the
   30         results of state criminal history records checks for a
   31         prekindergarten director who is employed by a private
   32         prekindergarten provider that is a nonpublic school or
   33         a faith-based child care provider exempt from
   34         licensure; requiring that the prekindergarten director
   35         screen the results of state criminal history records
   36         checks for a prekindergarten instructor who is
   37         employed by such provider; authorizing the department
   38         or the local licensing agency to visit the site of a
   39         private prekindergarten provider that is a nonpublic
   40         school or a faith-based child care provider to ensure
   41         compliance with the screening requirements; requiring
   42         that a local law enforcement agency notify the
   43         appropriate owner or operator of a child care facility
   44         or entity if an employee of such facility or entity is
   45         charged with certain offenses; requiring that such
   46         notification include the specific charges for which
   47         the employee was arrested; repealing s. 402.3057,
   48         F.S., relating to persons who are not required to be
   49         refingerprinted or rescreened; creating s. 402.3132,
   50         F.S.; requiring that the Department of Children and
   51         Family Services adopt rules to define the term “good
   52         moral character” and specify additional screening
   53         requirements; amending s. 1002.55, F.S.; conforming
   54         provisions to changes made by the act; creating s.
   55         1002.56, F.S.; requiring that certain personnel of
   56         school districts and private prekindergarten providers
   57         meet background screening requirements; requiring that
   58         such personnel be screened every 5 years; requiring
   59         that such personnel be denied employment or terminated
   60         if they fail to meet the screening requirements;
   61         providing that such personnel are ineligible for an
   62         exemption from disqualification for employment under
   63         certain circumstances; prohibiting a public school or
   64         private prekindergarten provider from delivering the
   65         Voluntary Prekindergarten Education Program if a
   66         school district or provider continues to employ a
   67         person who fails the screening requirements; requiring
   68         certain personnel of a school district or private
   69         prekindergarten provider to agree to inform the school
   70         or provider within a specified period after being
   71         charged with or convicted of any disqualifying
   72         offense; amending ss. 1002.61 and 1002.63, F.S.;
   73         conforming provisions to changes made by the act;
   74         amending ss. 1012.465 and 1012.56, F.S.; requiring
   75         that educators and noninstructional personnel agree to
   76         inform their respective employers within a specified
   77         period after being charged with or convicted of
   78         certain disqualifying offenses; amending s. 1012.797,
   79         F.S.; conforming provisions to changes made by the
   80         act; providing an effective date.
   81         
   82  Be It Enacted by the Legislature of the State of Florida:
   83         
   84         Section 1. Subsections (3) and (13) of section 402.302,
   85  Florida Statutes, are amended to read:
   86         402.302 Definitions.—
   87         (3) “Child care personnel” means all owners, operators,
   88  employees, and volunteers working in a child care facility. The
   89  term does not include persons who work in a child care facility
   90  after hours when children are not present or parents of children
   91  in Head Start. For purposes of screening, the term includes any
   92  member, over the age of 12 years, of a child care facility
   93  operator's family, or person, over the age of 12 years, residing
   94  with a child care facility operator if the child care facility
   95  is located in or adjacent to the home of the operator or if the
   96  family member of, or person residing with, the child care
   97  facility operator has any direct contact with the children in
   98  the facility during its hours of operation. Members of the
   99  operator's family or persons residing with the operator who are
  100  between the ages of 12 years and 18 years shall not be required
  101  to be fingerprinted but shall be screened for delinquency
  102  records. For purposes of screening, the term shall also include
  103  persons who work in child care programs which provide care for
  104  children 15 hours or more each week in public or nonpublic
  105  schools pursuant to s. 402.3025(2), summer day camps, licensed
  106  or registered family day care homes pursuant to s. 402.313,
  107  licensed large family child care homes pursuant to s. 420.3131,
  108  or those programs otherwise exempted under s. 402.316. The term
  109  does not include public or nonpublic school personnel who are
  110  providing care during regular school hours, or after hours for
  111  activities related to a school's program for grades kindergarten
  112  through 12. A volunteer who assists on an intermittent basis for
  113  less than 40 hours per month is not included in the term
  114  “personnel” for the purposes of screening and training, provided
  115  that the volunteer is under direct and constant supervision by
  116  persons who meet the personnel requirements of s. 402.305(2).
  117  Students who observe and participate in a child care facility as
  118  a part of their required coursework shall not be considered
  119  child care personnel, provided such observation and
  120  participation are on an intermittent basis and the students are
  121  under direct and constant supervision of child care personnel.
  122         (13) “Screening” means the act of assessing the background
  123  of child care personnel and volunteers and includes, but is not
  124  limited to, employment history checks, local criminal history
  125  records checks through local law enforcement agencies,
  126  fingerprinting for all purposes and checks in this subsection,
  127  statewide criminal history records checks through the Department
  128  of Law Enforcement, and federal criminal history records checks
  129  through the Federal Bureau of Investigation.
  130         Section 2. Paragraph (c) of subsection (2) of section
  131  402.3025, Florida Statutes, is amended to read:
  132         402.3025 Public and nonpublic schools.—For the purposes of
  133  ss. 402.301-402.319, the following shall apply:
  134         (2) NONPUBLIC SCHOOLS.—
  135         (c) Programs for children who are at least 3 years of age,
  136  but under 5 years of age, shall not be deemed to be child care
  137  and shall not be subject to the provisions of ss. 402.301
  138  402.319 relating to child care facilities, provided the programs
  139  in the schools are operated and staffed directly by the schools,
  140  provided a majority of the children enrolled in the schools are
  141  5 years of age or older, and provided there is compliance with
  142  the screening requirements for personnel pursuant to s. 402.305
  143  or s. 402.3057. A nonpublic school may designate certain
  144  programs as child care, in which case these programs shall be
  145  subject to the provisions of ss. 402.301-402.319.
  146         Section 3. Paragraph (c) of subsection (1) and paragraphs
  147  (a) and (b) of subsection (2) of section 402.305, Florida
  148  Statutes, are amended to read:
  149         402.305 Licensing standards; child care facilities.—
  150         (1) LICENSING STANDARDS.—The department shall establish
  151  licensing standards that each licensed child care facility must
  152  meet regardless of the origin or source of the fees used to
  153  operate the facility or the type of children served by the
  154  facility.
  155         (c) The minimum standards for child care facilities shall
  156  be adopted in the rules of the department and shall address the
  157  areas delineated in this section. The department, in adopting
  158  rules to establish minimum standards for child care facilities,
  159  shall recognize that different age groups of children may
  160  require different standards. Except for the standards in
  161  subsection (2)(a) and s. 402.3056, the department may adopt
  162  different minimum standards for facilities that serve children
  163  in different age groups, including school-age children. The
  164  department shall also adopt by rule a definition for child care
  165  which distinguishes between child care programs that require
  166  child care licensure and after-school programs that do not
  167  require licensure. Notwithstanding any other provision of law to
  168  the contrary, minimum child care licensing standards shall be
  169  developed to provide for reasonable, affordable, and safe
  170  before-school and after-school care. Standards, at a minimum,
  171  shall allow for a credentialed director to supervise multiple
  172  before-school and after-school sites.
  173         (2) PERSONNEL.—Minimum standards for child care personnel
  174  shall include minimum requirements as to:
  175         (a) Good moral character, as defined by the department by
  176  rule, and background based upon screening pursuant to s.
  177  402.3056. This screening shall be conducted as provided in
  178  chapter 435, using the level 2 standards for screening set forth
  179  in that chapter.
  180         (b) The department may grant exemptions from
  181  disqualification from working with children or the
  182  developmentally disabled as provided in s. 435.07. However, the
  183  department may not grant an exemption from disqualification to
  184  any employee of a licensed child care facility, a nonpublic
  185  school pursuant to s. 402.3025(2), a summer day camp, a licensed
  186  or registered family day care home pursuant to s. 402.313, a
  187  licensed large family child care home pursuant to s. 402.3131, a
  188  facility exempt from licensure under s. 402.316, or a
  189  prekindergarten provider under part V of chapter 1002 who is
  190  convicted of any of the offenses listed in s. 1012.315.
  191         Section 4. Section 402.3056, Florida Statutes, is created
  192  to read:
  193         402.3056Background screening requirements for child care
  194  personnel.—
  195         (1)(a)Child care personnel, as defined in s. 402.302(3),
  196  who work in a licensed child care facility, a nonpublic school
  197  pursuant to s. 402.3025(2), a summer day camp, a licensed or
  198  registered family day care home pursuant to s. 402.313, a
  199  licensed large family child care home pursuant to s. 402.3131,
  200  or a facility exempt from licensure under s. 402.316 must:
  201         1.Be of good moral character, as defined by the department
  202  by rule;
  203         2.Electronically file with the Department of Law
  204  Enforcement for state criminal history records checks a complete
  205  set of fingerprints taken by an authorized law enforcement
  206  agency or an employee of a child care provider, a local
  207  licensing agency, school district, or private company who is
  208  trained to take fingerprints; and
  209         3.Be screened before employment using the level 2
  210  screening standards in s. 435.04.
  211         (b)Upon the submission of fingerprints under this
  212  subsection, the Department of Law Enforcement shall forward the
  213  fingerprints to the Federal Bureau of Investigation for national
  214  criminal history records checks.
  215         (2)Each person in subsection (1) shall be screened every 5
  216  years after beginning employment to ensure that he or she is of
  217  good moral character and meets the level 2 screening standards
  218  in s. 435.04. If the fingerprints of the person are not retained
  219  by the Department of Law Enforcement, the person must
  220  electronically file a complete set of fingerprints with the
  221  Department of Law Enforcement for state criminal history records
  222  checks. Upon the submission of fingerprints for this purpose,
  223  the Department of Law Enforcement shall forward the fingerprints
  224  to the Federal Bureau of Investigation for national criminal
  225  history records checks.
  226         (3)If a person in subsection (1) fails to meet the
  227  screening requirements in this section, he or she shall be
  228  denied employment or terminated pursuant to s. 435.06. However,
  229  a person described in subsection (1) is ineligible for an
  230  exemption from disqualification under s. 435.07 in any position
  231  that has direct contact with children if the person has been
  232  convicted of any offense listed in s. 1012.315.
  233         (4)Under penalty of perjury, each person in subsection (1)
  234  must agree to inform his or her employer within 48 hours after
  235  being charged with or convicted of any disqualifying offense
  236  while he or she is an owner, operator, or employee.
  237         (5)The Department of Children and Family Services shall
  238  screen the results of state criminal history records checks for
  239  a private prekindergarten director under part V of chapter 1002
  240  who is employed by a private prekindergarten provider that is a
  241  nonpublic school exempt from licensure under s. 402.3025(2) or a
  242  faith-based child care provider exempt from licensure under s.
  243  402.316. The private prekindergarten director shall screen the
  244  results of state criminal history records checks for a private
  245  prekindergarten instructor under part V of chapter 1002 who is
  246  employed by a private prekindergarten provider that is a
  247  nonpublic school exempt from licensure under s. 402.3025(2) or a
  248  faith-based child care provider exempt from licensure under s.
  249  402.316.
  250         (6)The Department of Children and Family Services or the
  251  local licensing agency approved by the department pursuant to s.
  252  402.307, whichever is applicable, may visit the site of a
  253  private prekindergarten provider under part V of chapter 1002
  254  which is a nonpublic school exempt from licensure under s.
  255  402.3025(2) or a faith-based child care provider exempt from
  256  licensure under s. 402.316, at reasonable times during regular
  257  business hours, to ensure compliance with the background
  258  screening requirements in s. 1002.56. The department or the
  259  local licensing agency, whichever is applicable, may have access
  260  to prekindergarten personnel and may inspect records to verify
  261  compliance with the background screening requirements in s.
  262  1002.56.
  263         (7)Notwithstanding any law to the contrary, a local law
  264  enforcement agency shall, within 48 hours, notify the
  265  appropriate owner or operator of a facility, nonpublic school,
  266  summer day camp, family day care home, or large family child
  267  care home listed in subsection (1) of the name and address of
  268  any employee of the facility, nonpublic school, summer day camp,
  269  family day care home, or large family child care home who is
  270  charged with a felony or with a misdemeanor involving the abuse
  271  of a minor child or the sale or possession of a controlled
  272  substance. The notification shall include the specific charge
  273  for which the employee of the facility, nonpublic school, summer
  274  day camp, family day care home, or large family child care home
  275  was arrested.
  276         Section 5. Section 402.3057, Florida Statutes, is repealed.
  277         Section 6. Section 402.3132, Florida Statutes, is created
  278  to read:
  279         402.3132Rules.—The Department of Children and Family
  280  Services shall adopt rules pursuant to ss. 120.536(1) and 120.54
  281  to define the term “good moral character” and to specify any
  282  screening that is required in addition to the requirements in s.
  283  402.3056.
  284         Section 7. Paragraphs (d), (e), and (f) of subsection (3)
  285  of section 1002.55, Florida Statutes, are amended to read:
  286         1002.55 School-year prekindergarten program delivered by
  287  private prekindergarten providers.—
  288         (3) To be eligible to deliver the prekindergarten program,
  289  a private prekindergarten provider must meet each of the
  290  following requirements:
  291         (d)1. Each prekindergarten instructor employed by the
  292  private prekindergarten provider must meet the requirements in
  293  s. 1002.56 be of good moral character, must be screened using
  294  the level 2 screening standards in s. 435.04 before employment
  295  and rescreened at least once every 5 years, must be denied
  296  employment or terminated if required under s. 435.06, and must
  297  not be ineligible to teach in a public school because his or her
  298  educator certificate is suspended or revoked.
  299         2.Each prekindergarten director employed by a private
  300  prekindergarten provider must meet the requirements in s.
  301  1002.56.
  302         (e) A private prekindergarten provider may assign a
  303  substitute instructor to temporarily replace a credentialed
  304  instructor if the credentialed instructor assigned to a
  305  prekindergarten class is absent and, as long as the substitute
  306  instructor meets the requirements in s. 1002.56. A substitute
  307  instructor must not be ineligible to teach in a public school
  308  because his or her educator certificate is suspended or revoked
  309  is of good moral character and has been screened before
  310  employment in accordance with level 2 background screening
  311  requirements in chapter 435. The Agency for Workforce Innovation
  312  shall adopt rules to implement this paragraph which shall
  313  include required qualifications of substitute instructors and
  314  the circumstances and time limits for which a private
  315  prekindergarten provider may assign a substitute instructor.
  316         (f) Each of the private prekindergarten provider's
  317  prekindergarten classes must be composed of at least 4 students
  318  but may not exceed 18 students. In order to protect the health
  319  and safety of students, each private prekindergarten provider
  320  must also provide appropriate adult supervision for students at
  321  all times and, for each prekindergarten class composed of 11 or
  322  more students, must have, in addition to a prekindergarten
  323  instructor who meets the requirements in of paragraph (c), at
  324  least one adult prekindergarten instructor who is not required
  325  to meet those requirements but who must meet each requirement in
  326  of paragraph (d). This paragraph does not supersede any
  327  requirement imposed on a provider under ss. 402.301-402.319
  328  which is more stringent than the requirements in paragraph (d).
  329         Section 8. Section 1002.56, Florida Statutes, is created to
  330  read:
  331         1002.56Background screening requirements for certain
  332  employees of school districts and private prekindergarten
  333  owners, operators, and employees having direct contact with
  334  students.—
  335         (1)(a)A person who is employed by a school district to
  336  work in a prekindergarten program delivered by a public school
  337  or a person who owns or operates or is employed by a private
  338  prekindergarten provider, and who has direct contact with
  339  students, must:
  340         1.Be of good moral character;
  341         2.Electronically file with the Department of Law
  342  Enforcement for state criminal history records checks a complete
  343  set of fingerprints taken by an authorized law enforcement
  344  agency or an employee of a school district or private company
  345  who is trained to take fingerprints; and
  346         3.Be screened before employment using the level 2
  347  screening standards in s. 435.04.
  348         (b)Upon the submission of fingerprints under this
  349  subsection, the Department of Law Enforcement shall forward the
  350  fingerprints to the Federal Bureau of Investigation for national
  351  criminal history records checks.
  352         (2)Each owner, operator, or employee in subsection (1)
  353  shall be screened every 5 years after beginning employment to
  354  ensure that he or she is of good moral character and meets the
  355  level 2 screening standards in s. 435.04. If the fingerprints of
  356  an owner, operator, or employee in subsection (1) are not
  357  retained by the Department of Law Enforcement, the owner,
  358  operator, or employee must electronically file a complete set of
  359  fingerprints with the Department of Law Enforcement for state
  360  criminal history records checks. Upon the submission of
  361  fingerprints for this purpose, the Department of Law Enforcement
  362  shall forward the fingerprints to the Federal Bureau of
  363  Investigation for national criminal history records checks.
  364         (3)If an owner, operator, or employee in subsection (1)
  365  fails to meet the screening requirements in this section, the
  366  person shall be denied employment or terminated pursuant to s.
  367  435.06. However, an individual described in subsection (1) is
  368  ineligible for an exemption from disqualification under s.
  369  435.07 in any position that has direct contact with students if
  370  the individual has been convicted of any offense listed in s.
  371  1012.315.
  372         (4)A public school or prekindergarten provider is
  373  ineligible to deliver the Voluntary Prekindergarten Education
  374  Program if the school district or the private prekindergarten
  375  provider continues to employ a person after receiving
  376  notification that he or she has failed to meet the requirements
  377  in this section.
  378         (5)Under penalty of perjury, each owner, operator, or
  379  employee in subsection (1) must agree to inform his or her
  380  employer within 48 hours after being charged with or convicted
  381  of any disqualifying offense while he or she is an owner,
  382  operator, or employee.
  383         (6)This section does not supersede the employment
  384  requirements for instructional personnel and noninstructional
  385  personnel, whichever is applicable, in public schools which are
  386  more stringent than the requirements in this section.
  387         Section 9. Subsections (5), (6), and (7) of section
  388  1002.61, Florida Statutes, as amended by section 5 of chapter
  389  2009-3, Laws of Florida, are amended to read:
  390         1002.61 Summer prekindergarten program delivered by public
  391  schools and private prekindergarten providers.—
  392         (5)(a) Each prekindergarten instructor employed by a public
  393  school district and each or private prekindergarten instructor
  394  employed by a private prekindergarten provider delivering the
  395  summer prekindergarten program must meet the requirements in s.
  396  1002.56 be of good moral character, must be screened using the
  397  level 2 screening standards in s. 435.04 before employment and
  398  rescreened at least once every 5 years, must be denied
  399  employment or terminated if required under s. 435.06, and must
  400  not be ineligible to teach in a public school because his or her
  401  educator certificate is suspended or revoked. This subsection
  402  does not supersede employment requirements for instructional
  403  personnel in public schools which are more stringent than the
  404  requirements in of this subsection.
  405         (b)Each prekindergarten director employed by a private
  406  prekindergarten provider must meet the requirements in s.
  407  1002.56.
  408         (6) A public school or private prekindergarten provider may
  409  assign a substitute instructor to temporarily replace a
  410  credentialed instructor if the credentialed instructor assigned
  411  to a prekindergarten class is absent and, as long as the
  412  substitute instructor meets the requirements in s. 1002.56. A
  413  substitute instructor must not be ineligible to teach in a
  414  public school because his or her educator certificate is
  415  suspended or revoked is of good moral character and has been
  416  screened before employment in accordance with level 2 background
  417  screening requirements in chapter 435. This subsection does not
  418  supersede employment requirements for instructional personnel in
  419  public schools which are more stringent than the requirements in
  420  of this subsection. The Agency for Workforce Innovation shall
  421  adopt rules to implement this subsection which shall include
  422  required qualifications of substitute instructors and the
  423  circumstances and time limits for which a public school or
  424  private prekindergarten provider may assign a substitute
  425  instructor.
  426         (7) Notwithstanding ss. 1002.55(3)(f) and 1002.63(7), each
  427  prekindergarten class in the summer prekindergarten program,
  428  regardless of whether the class is a public school's or private
  429  prekindergarten provider's class, must be composed of at least 4
  430  students but may not exceed 12 students beginning with the 2009
  431  summer session. In order to protect the health and safety of
  432  students, each public school or private prekindergarten provider
  433  must also provide appropriate adult supervision for students at
  434  all times. A person who provides adult supervision must meet the
  435  requirements in subsection (5). This subsection does not
  436  supersede any requirement imposed on a provider under ss.
  437  402.301-402.319 which is more stringent than the requirements in
  438  subsection (5).
  439         Section 10. Subsections (5) and (6) of section 1002.63,
  440  Florida Statutes, as amended by section 6 of chapter 2009-3,
  441  Laws of Florida, are amended to read:
  442         1002.63 School-year prekindergarten program delivered by
  443  public schools.—
  444         (5) Each prekindergarten instructor employed by a public
  445  school district delivering the school-year prekindergarten
  446  program must meet the requirements in s. 1002.56 be of good
  447  moral character, must be screened using the level 2 screening
  448  standards in s. 435.04 before employment and rescreened at least
  449  once every 5 years, must be denied employment or terminated if
  450  required under s. 435.06, and must not be ineligible to teach in
  451  a public school because his or her educator certificate is
  452  suspended or revoked. This subsection does not supersede
  453  employment requirements for instructional personnel in public
  454  schools which are more stringent than the requirements in of
  455  this subsection.
  456         (6) A public school prekindergarten provider may assign a
  457  substitute instructor to temporarily replace a credentialed
  458  instructor if the credentialed instructor assigned to a
  459  prekindergarten class is absent and, as long as the substitute
  460  instructor meets the requirements in s. 1002.56. A substitute
  461  instructor must not be ineligible to teach in a public school
  462  because his or her educator certificate is suspended or revoked
  463  is of good moral character and has been screened before
  464  employment in accordance with level 2 background screening
  465  requirements in chapter 435. This subsection does not supersede
  466  employment requirements for instructional personnel in public
  467  schools which are more stringent than the requirements in of
  468  this subsection. The Agency for Workforce Innovation shall adopt
  469  rules to implement this subsection which shall include required
  470  qualifications of substitute instructors and the circumstances
  471  and time limits for which a public school prekindergarten
  472  provider may assign a substitute instructor.
  473         Section 11. Subsection (2) of section 1012.465, Florida
  474  Statutes, is amended to read:
  475         1012.465 Background screening requirements for certain
  476  noninstructional school district employees and contractors.—
  477         (2) Every 5 years following employment or entry into a
  478  contract in a capacity described in subsection (1), each person
  479  who is so employed or under contract with the school district
  480  must meet level 2 screening requirements as described in s.
  481  1012.32, at which time the school district shall request the
  482  Department of Law Enforcement to forward the fingerprints to the
  483  Federal Bureau of Investigation for the level 2 screening. If,
  484  for any reason following employment or entry into a contract in
  485  a capacity described in subsection (1), the fingerprints of a
  486  person who is so employed or under contract with the school
  487  district are not retained by the Department of Law Enforcement
  488  under s. 1012.32(3)(a) and (b), the person must file a complete
  489  set of fingerprints with the district school superintendent of
  490  the employing or contracting school district. Upon submission of
  491  fingerprints for this purpose, the school district shall request
  492  the Department of Law Enforcement to forward the fingerprints to
  493  the Federal Bureau of Investigation for the level 2 screening,
  494  and the fingerprints shall be retained by the Department of Law
  495  Enforcement under s. 1012.32(3)(a) and (b). The cost of the
  496  state and federal criminal history check required by level 2
  497  screening may be borne by the district school board, the
  498  contractor, or the person fingerprinted. Under penalty of
  499  perjury, each person who is employed or under contract in a
  500  capacity described in subsection (1) must agree to inform his or
  501  her employer or the party with whom he or she is under contract
  502  within 48 hours after being charged with or if convicted of any
  503  disqualifying offense while he or she is employed or under
  504  contract in that capacity.
  505         Section 12. Paragraph (b) of subsection (10) of section
  506  1012.56, Florida Statutes, is amended to read:
  507         1012.56 Educator certification requirements.—
  508         (10) BACKGROUND SCREENING REQUIRED, INITIALLY AND
  509  PERIODICALLY.—
  510         (b) A person may not receive a certificate under this
  511  chapter until the person's screening under s. 1012.32 is
  512  completed and the results have been submitted to the Department
  513  of Education or to the district school superintendent of the
  514  school district that employs the person. Every 5 years after
  515  obtaining initial certification, each person who is required to
  516  be certified under this chapter must be rescreened in accordance
  517  with s. 1012.32, at which time the school district shall request
  518  the Department of Law Enforcement to forward the fingerprints to
  519  the Federal Bureau of Investigation for federal criminal records
  520  checks. If, for any reason after obtaining initial
  521  certification, the fingerprints of a person who is required to
  522  be certified under this chapter are not retained by the
  523  Department of Law Enforcement under s. 1012.32(3)(a) and (b),
  524  the person must file a complete set of fingerprints with the
  525  district school superintendent of the employing school district.
  526  Upon submission of fingerprints for this purpose, the school
  527  district shall request the Department of Law Enforcement to
  528  forward the fingerprints to the Federal Bureau of Investigation
  529  for federal criminal records checks, and the fingerprints shall
  530  be retained by the Department of Law Enforcement under s.
  531  1012.32(3)(a) and (b). The cost of the state and federal
  532  criminal history checks required by paragraph (a) and this
  533  paragraph may be borne by the district school board or the
  534  employee. Under penalty of perjury, each person who is certified
  535  under this chapter must agree to inform his or her employer
  536  within 48 hours after being charged with or if convicted of any
  537  disqualifying offense while he or she is employed in a position
  538  for which such certification is required.
  539         Section 13. Section 1012.797, Florida Statutes, is amended
  540  to read:
  541         1012.797 Notification of district school superintendent and
  542  other education providers of certain charges against or
  543  convictions of employees.—
  544         (1) Notwithstanding the provisions of s. 985.04(7) or any
  545  other provision of law to the contrary, a law enforcement agency
  546  shall, within 48 hours, notify the appropriate district school
  547  superintendent of the name and address of any employee of the
  548  school district who is charged with a felony or with a
  549  misdemeanor involving the abuse of a minor child or the sale or
  550  possession of a controlled substance. The notification shall
  551  include the specific charge for which the employee of the school
  552  district was arrested. Such notification shall include other
  553  education providers such as the Florida School for the Deaf and
  554  the Blind, university lab schools, and private elementary and
  555  secondary schools, and private prekindergarten providers under
  556  part V of chapter 1002.
  557         (2) Except to the extent necessary to protect the health,
  558  safety, and welfare of other students, the information obtained
  559  by the district school superintendent pursuant to this section
  560  may be released only to appropriate school personnel or as
  561  otherwise provided by law.
  562         Section 14. This act shall take effect July 1, 2009.