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Senate Bill 1296

Senate Bill sb1296c1

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

    By the Committee on Education; and Senator Aronberg





    304-2059-04

  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 requirements for fingerprinting as

10         employees; providing duties of the Department

11         of Law 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         requiring an arrest record to be reported to

16         the employing or contracting school district;

17         requiring the Department of Law Enforcement to

18         adopt rules setting an annual fee for

19         performing searches; providing an effective

20         date.

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

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

25  Statutes, is amended to read:

26         1012.32  Qualifications of personnel.--

27         (2)(a)  Instructional and noninstructional personnel

28  who are hired or contracted to fill positions requiring direct

29  contact with students in any district school system or

30  university lab school shall, upon employment or engagement to

31  provide services, file a complete set of fingerprints taken by

                                  1

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    Florida Senate - 2004                           CS for SB 1296
    304-2059-04




 1  an authorized law enforcement officer or an employee of the

 2  school or district who is trained to take fingerprints.

 3  Instructional and noninstructional personnel who are hired or

 4  contracted to fill positions in any charter school and members

 5  of the governing board of any charter school, in compliance

 6  with s. 1002.33(12)(g), shall, upon employment, engagement of

 7  services, or appointment, file with the district school board

 8  for the district in which the charter school is located a

 9  complete set of fingerprints taken by an authorized law

10  enforcement officer or an employee of the school or district

11  who is trained to take fingerprints. These fingerprints shall

12  be submitted to the Department of Law Enforcement for state

13  processing and to the Federal Bureau of Investigation for

14  federal processing. The new employees or contractors shall be

15  on probationary status pending fingerprint processing and

16  determination of compliance with standards of good moral

17  character. Employees or contractors found through fingerprint

18  processing to have been convicted of a crime involving moral

19  turpitude shall not be employed or engaged to provide services

20  in any position requiring direct contact with students.

21  Probationary employees or contractors terminated because of

22  their criminal record shall have the right to appeal such

23  decisions. The cost of the fingerprint processing may be borne

24  by the district school board, the charter school, or the

25  employee, or the contractor.

26         (b)  Personnel who have been fingerprinted or screened

27  pursuant to this subsection and who have not been unemployed

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

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

30  refingerprinted or rescreened in order to comply with the

31  requirements of this subsection.

                                  2

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    Florida Senate - 2004                           CS for SB 1296
    304-2059-04




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

 2  to the Department of Law Enforcement as required by paragraph

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

 4  entered in the statewide automated fingerprint identification

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

 6  thereafter be available for all purposes and uses authorized

 7  for arrest fingerprint cards entered in the statewide

 8  automated fingerprint identification system pursuant to s.

 9  943.051.

10         (d)  Beginning December 15, 2004, the Department of Law

11  Enforcement shall search all arrest fingerprint cards received

12  under s. 943.051 against the fingerprints retained in the

13  statewide automated fingerprint identification system under

14  paragraph (c). Any arrest record that is identified with the

15  retained employee or contractual personnel fingerprints shall

16  be reported to the employing or contracting school district.

17  Each school district shall participate in this search process

18  by paying an annual fee to the Department of Law Enforcement

19  and by informing the Department of Law Enforcement of any

20  change in the employment or contractual status or place of

21  employment or contracting of its instructional and

22  noninstructional personnel whose fingerprints are retained

23  under paragraph (c). The Department of Law Enforcement shall

24  adopt a rule setting the amount of the annual fee to be

25  imposed upon each school district for performing these

26  searches and establishing the procedures for retaining the

27  fingerprints of employee or contractual personnel and for

28  disseminating search results. The fee may be borne by the

29  district school board or by the employee or contracted person.

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

31  

                                  3

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    Florida Senate - 2004                           CS for SB 1296
    304-2059-04




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 1296

 3                                 

 4  The committee substitute requires the Department of Law
    Enforcement to search all arrest fingerprint cards against the
 5  fingerprints retained in the statewide automated fingerprint
    identification system that are received by the Department of
 6  Law Enforcement from school districts for personnel having
    direct contact with students. The committee substitute
 7  requires the Department of Law Enforcement to report any
    arrest record matches to the school district. The committee
 8  substitute requires each school district to participate in the
    search process by paying a fee and authorizes the Department
 9  of Law Enforcement to establish the fee by rule.

10  The committee substitute conforms the fingerprint requirements
    of contractors with a school district to the fingerprint
11  requirements of contractors with a charter school as provided
    in the bill.
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