Florida Senate - 2016                             CS for SB 1420
       
       
        
       By the Committee on Children, Families, and Elder Affairs; and
       Senator Bean
       
       586-03044-16                                          20161420c1
    1                        A bill to be entitled                      
    2         An act relating to eligibility for employment as child
    3         care personnel; amending s. 435.07, F.S.; prohibiting
    4         the removal of or exemption from certain
    5         disqualifications from employment for child care
    6         personnel under certain circumstances; specifying
    7         certain offenses that disqualify a person from child
    8         care employment, notwithstanding any prior exemption;
    9         requiring that certain persons who have been granted
   10         an exemption from disqualification from child care
   11         employment be rescreened by a certain date; providing
   12         an effective date.
   13          
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Paragraph (c) is added to subsection (4) of
   17  section 435.07, Florida Statutes, to read:
   18         435.07 Exemptions from disqualification.—Unless otherwise
   19  provided by law, the provisions of this section apply to
   20  exemptions from disqualification for disqualifying offenses
   21  revealed pursuant to background screenings required under this
   22  chapter, regardless of whether those disqualifying offenses are
   23  listed in this chapter or other laws.
   24         (4)
   25         (c)1. Disqualification from employment under this chapter
   26  may not be removed from, nor may an exemption be granted to, any
   27  current or prospective employee of a child care provider if the
   28  person:
   29         a. Is registered as a sex offender as described in 42
   30  U.S.C. s. 9858f (c)(1)(c); or
   31         b. Has been arrested for and is awaiting final disposition
   32  of; has been found guilty of, regardless of adjudication, or
   33  entered a plea of nolo contendere or guilty to; or has been
   34  adjudicated delinquent and the record has not been sealed or
   35  expunged for any felony or misdemeanor referenced in 42 U.S.C.
   36  s. 9858f or any felony or misdemeanor covered by s. 435.03 or s.
   37  435.04.
   38         2. Such persons are disqualified from employment with a
   39  child care provider, notwithstanding any prior exemption from
   40  disqualification from employment.
   41         3. A person employed by a child care provider on July 1,
   42  2016, who has been granted an exemption to a disqualification
   43  from employment must be rescreened no later than August 1, 2016.
   44         Section 2. This act shall take effect July 1, 2016.