February 26, 2020
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Bill Text: HB 0685
HB 0685 2004
   
1 A bill to be entitled
2          An act relating to school district and charter school
3    employees and contractors; amending s. 1012.32, F.S.;
4    requiring both instructional and noninstructional
5    personnel of charter schools to file fingerprints with the
6    school board of the district within which the charter
7    school is located; providing that contractors have the
8    same probationary status as employees; providing duties of
9    the Department of Law Enforcement with respect to
10    retention of fingerprint records submitted on behalf of
11    school employees and contractors; providing for the
12    availability of such fingerprints; providing an effective
13    date.
14         
15          Be It Enacted by the Legislature of the State of Florida:
16         
17          Section 1. Subsection (2) of section 1012.32, Florida
18    Statutes, is amended to read:
19          1012.32 Qualifications of personnel.--
20          (2)(a) Instructional and noninstructional personnel who
21    are hired to fill positions requiring direct contact with
22    students in any district school system or university lab school
23    shall, upon employment, file a complete set of fingerprints
24    taken by an authorized law enforcement officer or an employee of
25    the school or district who is trained to take fingerprints.
26    Instructional and noninstructional personnel who are hired or
27    contracted to fill positions in any charter school and members
28    of the governing board of any charter school, in compliance with
29    s. 1002.33(12)(g), shall, upon employment, engagement of
30    services, or appointment, file with the district school board
31    for the district in which the charter school is located a
32    complete set of fingerprints taken by an authorized law
33    enforcement officer or an employee of the school or district who
34    is trained to take fingerprints.These fingerprints shall be
35    submitted to the Department of Law Enforcement for state
36    processing and to the Federal Bureau of Investigation for
37    federal processing. The new employees or contractorsshall be on
38    probationary status pending fingerprint processing and
39    determination of compliance with standards of good moral
40    character. Employees or contractorsfound through fingerprint
41    processing to have been convicted of a crime involving moral
42    turpitude shall not be employed or engaged to provide services
43    in any position requiring direct contact with students.
44    Probationary employees or contractorsterminated because of
45    their criminal record shall have the right to appeal such
46    decisions. The cost of the fingerprint processing may be borne
47    by the district school board, the charter school, orthe
48    employee, or the contractor.
49          (b) Personnel who have been fingerprinted or screened
50    pursuant to this subsection and who have not been unemployed or
51    unengaged to provide services in a public or charter schoolfor
52    more than 90 days shall not be required to be refingerprinted or
53    rescreened in order to comply with the requirements of this
54    subsection.
55          (c) Beginning July 1, 2004, all fingerprints submitted to
56    the Department of Law Enforcement as required by paragraph (a)
57    shall be retained by the Department of Law Enforcement and
58    entered in the statewide automated fingerprint identification
59    system authorized by s. 943.05(2)(b). Such fingerprints must
60    thereafter be available for all purposes and uses authorized for
61    arrest fingerprint cards entered in the statewide automated
62    fingerprint identification system pursuant to s. 943.051.
63          Section 2. This act shall take effect July 1, 2004.
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