Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. SB 1420
       
       
       
       
       
       
                                Ì952268DÎ952268                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: FAV            .                                
                  02/04/2016           .                                
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       The Committee on Children, Families, and Elder Affairs (Altman)
       recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 9 - 20
    4  and insert:
    5  Section 1. Subsection (4) of section 435.07, Florida Statutes,
    6  is amended to read:
    7  435.07 Exemption from disqualification.— Unless otherwise
    8  provided by law, the provisions of this section apply to
    9  exemptions from disqualification for disqualifying offenses
   10  revealed pursuant to background screenings required under this
   11  chapter, regardless of whether those disqualifying offenses are
   12  listed in this chapter or other laws.
   13  (4)(a) Disqualification from employment under this chapter may
   14  not be removed from, nor may an exemption be granted to, any
   15  personnel who is found guilty of, regardless of adjudication, or
   16  who has entered a plea of nolo contendere or guilty to, any
   17  felony covered by s. 435.03 or s. 435.04 solely by reason of any
   18  pardon, executive clemency, or restoration of civil rights.
   19  (b) Disqualification from employment under this chapter may not
   20  be removed from, nor may an exemption be granted to, any person
   21  who is a:
   22  1. Sexual predator as designated pursuant to s. 775.21;
   23  2. Career offender pursuant to s. 775.261; or
   24  3. Sexual offender pursuant to s. 943.0435, unless the
   25  requirement to register as a sexual offender has been removed
   26  pursuant to s. 943.04354.
   27  (c) Disqualification from employment under this chapter may not
   28  be removed from, nor may an exemption be granted to, any current
   29  or perspective personnel with a child care provider if such
   30  person is registered as a sex offender as described in 42 U.S.C.
   31  s. 9858f (c)(1)(c) or has been arrested for and is awaiting
   32  final disposition of, has been found guilty of, regardless of
   33  adjudication, or entered a plea of nolo contendere or guilty to,
   34  or has been adjudicated delinquent and the record has not been
   35  sealed or expunged for, any felony or misdemeanor referenced in
   36  42 U.S.C. s. 9858f or any felony or misdemeanor covered by s.
   37  435.03 or s. 435.04. Such persons are disqualified from
   38  employment with a child care provider nothwithstanding any prior
   39  exemption from disqualification. Any person employed by a child
   40  care provider on July 1, 2016, who has been granted an exemption
   41  to a disqualification from employment must be rescreened no
   42  later than August 1, 2016.
   43         
   44  
   45  ================= T I T L E  A M E N D M E N T ================
   46  And the title is amended as follows:
   47         Delete lines 3 - 5
   48  and insert:
   49  care personnel; amending s. 435.07, F.S.; preventing the removal
   50  of a disqualification from employment for certain child care
   51  personnel; preventing the granting of an exemption from
   52  disqualification from employment for certain child care
   53  personnel; referencing disqualifying offenses; providing an
   54  effective date.
   55