HB 627

1	A bill to be entitled
2	An act relating to background screening requirements for
3	certain noninstructional school district employees and
4	contractors; amending s. 1012.465, F.S.; requiring the
5	Department of Agriculture and Consumer Services to conduct
6	background screening and issue valid statewide
7	certificates to certain noninstructional school district
8	employees or contractual personnel; providing requirements
9	for certificate eligibility and display; providing for
10	payment of certain costs associated with certification;
11	requiring the department to periodically check for
12	disqualification of a certificateholder and to provide
13	notification; providing an effective date.
14
15	Be It Enacted by the Legislature of the State of Florida:
16
17	Section 1.  Section 1012.465, Florida Statutes, is amended
18	to read:
19	1012.465  Background screening requirements for certain
20	noninstructional school district employees and contractors.-
21	(1)  Except as provided in s. 1012.467 or s. 1012.468,
22	noninstructional school district employees or contractual
23	personnel who are permitted access on school grounds when
24	students are present, who have direct contact with students or
25	who have access to or control of school funds must meet level 2
26	screening requirements as described in s. 1012.32 and hold valid
27	certification pursuant to this section. Contractual personnel
28	shall include any vendor, individual, or entity under contract
29	with a school or the school board.
30	(2)  The Department of Agriculture and Consumer Services
31	shall fingerprint and conduct background checks through the
32	Department of Law Enforcement for employees and contractual
33	personnel described in subsection (1) and issue a valid
34	statewide certificate signifying that a person has met the
35	uniform, statewide level 2 screening requirements as described
36	in s. 1012.32.
37	(3)(a)  The Department of Agriculture and Consumer Services
38	shall issue a valid statewide certificate if the applicant:
39	1.  Is a resident of the United States and a citizen of the
40	United States or a permanent resident alien of the United States
41	as determined by the United States Bureau of Citizenship and
42	Immigration Services;
43	2.  Is 18 years or older; and
44	3.  Meets the screening standards of s. 435.04.
45	(b)  Certificates issued by the Department of Agriculture
46	and Consumer Services must bear a color photograph of the
47	certificateholder. The certificateholder must carry the
48	certificate and valid identification at all times in which the
49	certificateholder is on school grounds and must display both the
50	certificate and valid identification upon demand by a duly
51	authorized school district employee.
52	(4)(2)  Every 5 years following issuance of a certificate
53	for background screening employment or entry into a contract in
54	a capacity described in subsection (1), each person who is so
55	employed or under contract with the school district must meet
56	level 2 screening requirements as described in s. 1012.32 and
57	provide to the school district a valid certificate issued by the
58	Department of Agriculture and Consumer Services, at which time
59	the school district shall request the Department of Law
60	Enforcement to forward the fingerprints to the Federal Bureau of
61	Investigation for the level 2 screening. If, for any reason
62	following employment or entry into a contract in a capacity
63	described in subsection (1), the fingerprints of a person who is
64	so employed or under contract with the school district are not
65	retained by the Department of Law Enforcement under s.
66	1012.32(3)(a) and (b), the person must file a complete set of
67	fingerprints with the district school superintendent of the
68	employing or contracting school district. Upon submission of
69	fingerprints for this purpose, the school district shall request
70	the Department of Law Enforcement to forward the fingerprints to
71	the Federal Bureau of Investigation for the level 2 screening,
72	and the fingerprints shall be retained by the Department of Law
73	Enforcement under s. 1012.32(3)(a) and (b). The cost of the
74	application for a certificate for background screening shall be
75	borne by the contractor or the person fingerprinted and the cost
76	of the state and federal criminal history check required by
77	level 2 screening may be borne by the district school board, the
78	contractor, or the person fingerprinted. Under penalty of
79	perjury, each person who is employed or under contract in a
80	capacity described in subsection (1) must agree to inform his or
81	her employer or the party with whom he or she is under contract
82	within 48 hours if convicted of any disqualifying offense while
83	he or she is employed or under contract in that capacity.
84	(5)  The Department of Agriculture and Consumer Services
85	shall retain a file of certificateholders and shall check the
86	file against the Florida Criminal Information Center database a
87	minimum of every 3 months throughout the term of the
88	certificate. If any person who is employed or under contract in
89	a capacity described in subsection (1) is found to have become
90	disqualified under the provisions of this section, the
91	Department of Agriculture and Consumer Services shall notify the
92	school district and the contractor that such person no longer
93	meets the level 2 screening requirements as described in s.
94	1012.32.
95	(6)(3)  If it is found that a person who is employed or
96	under contract in a capacity described in subsection (1) does
97	not meet the level 2 requirements, the person shall be
98	immediately suspended from working in that capacity and shall
99	remain suspended until final resolution of any appeals.
100	Section 2.  This act shall take effect July 1, 2011.

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