November 27, 2020
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Senate Bill 1296

Senate Bill sb1296

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                                  SB 1296

    By Senator Aronberg





    27-737A-04

  1                      A bill to be entitled

  2         An act relating to school district and charter

  3         school employees and contractors; amending s.

  4         1012.32, F.S.; requiring both instructional and

  5         noninstructional personnel of charter schools

  6         to file fingerprints with the school board of

  7         the district within which the charter school is

  8         located; providing that contractors have the

  9         same probationary status as employees;

10         providing duties of the Department of Law

11         Enforcement with respect to retention of

12         fingerprint records submitted on behalf of

13         school employees and contractors; providing for

14         the availability of such fingerprints;

15         providing an effective date.

16  

17  Be It Enacted by the Legislature of the State of Florida:

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19         Section 1.  Subsection (2) of section 1012.32, Florida

20  Statutes, is amended to read:

21         1012.32  Qualifications of personnel.--

22         (2)(a)  Instructional and noninstructional personnel

23  who are hired to fill positions requiring direct contact with

24  students in any district school system or university lab

25  school shall, upon employment, file a complete set of

26  fingerprints taken by an authorized law enforcement officer or

27  an employee of the school or district who is trained to take

28  fingerprints. Instructional and noninstructional personnel who

29  are hired or contracted to fill positions in any charter

30  school and members of the governing board of any charter

31  school, in compliance with s. 1002.33(12)(g), shall, upon

                                  1

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






    Florida Senate - 2004                                  SB 1296
    27-737A-04




 1  employment, engagement of services, or appointment, file with

 2  the district school board for the district in which the

 3  charter school is located a complete set of fingerprints taken

 4  by an authorized law enforcement officer or an employee of the

 5  school or district who is trained to take fingerprints. These

 6  fingerprints shall be submitted to the Department of Law

 7  Enforcement for state processing and to the Federal Bureau of

 8  Investigation for federal processing. The new employees or

 9  contractors shall be on probationary status pending

10  fingerprint processing and determination of compliance with

11  standards of good moral character. Employees or contractors

12  found through fingerprint processing to have been convicted of

13  a crime involving moral turpitude shall not be employed or

14  engaged to provide services in any position requiring direct

15  contact with students.  Probationary employees or contractors

16  terminated because of their criminal record shall have the

17  right to appeal such decisions. The cost of the fingerprint

18  processing may be borne by the district school board, the

19  charter school, or the employee, or the contractor.

20         (b)  Personnel who have been fingerprinted or screened

21  pursuant to this subsection and who have not been unemployed

22  or unengaged to provide services in a public or charter school

23  for more than 90 days shall not be required to be

24  refingerprinted or rescreened in order to comply with the

25  requirements of this subsection.

26         (c)  Beginning July 1, 2004, all fingerprints submitted

27  to the Department of Law Enforcement as required by paragraph

28  (a) shall be retained by the Department of Law Enforcement and

29  entered in the statewide automated fingerprint identification

30  system authorized by s. 943.05(2)(b). Such fingerprints must

31  thereafter be available for all purposes and uses authorized

                                  2

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






    Florida Senate - 2004                                  SB 1296
    27-737A-04




 1  for arrest fingerprint cards entered in the statewide

 2  automated fingerprint identification system pursuant to s.

 3  943.051.

 4         Section 2.  This act shall take effect July 1, 2004.

 5  

 6            *****************************************

 7                          SENATE SUMMARY

 8    Requires both instructional and noninstructional
      personnel of charter schools to file fingerprints with
 9    the school board of the district within which the charter
      school is located. Provides that contractors who contract
10    with public schools or charter schools have the same
      probationary status as employees. Provides duties of the
11    Department of Law Enforcement with respect to retention
      of fingerprint records submitted on behalf of school
12    employees and contractors. Provides for the availability
      of such fingerprints.
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CODING: Words stricken are deletions; words underlined are additions.

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