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Senate Bill 2616

Senate Bill sb2616c2

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                    CS for CS for SB 2616

    By the Committees on Criminal Justice; Natural Resources; and
    Senator Atwater




    307-2667-04

  1                      A bill to be entitled

  2         An act relating to water management district

  3         employees; creating s. 373.6055, F.S.;

  4         requiring water management districts with

  5         structure or facilities designated as "tier

  6         one" critical infrastructures by the Federal

  7         Bureau of Investigation to conduct

  8         fingerprint-based criminal history checks of

  9         current or prospective employees and other

10         persons allowed regular access to restricted

11         access areas pursuant to applicable security

12         plans; authorizing water management districts

13         with structures or facilities that are not

14         designated as "tier one" critical

15         infrastructure by the Federal Bureau of

16         Investigation to conduct fingerprint-based

17         criminal history checks of current or

18         prospective employees and other persons allowed

19         regular access to restricted access areas

20         pursuant to applicable security plans;

21         requiring additional criminal history checks;

22         requiring that fingerprints of applicants and

23         employees be submitted to the Department of Law

24         Enforcement and the Federal Bureau of

25         Investigation for processing; providing for

26         costs of criminal history checks to be paid by

27         water management districts, other employing

28         entities, or by the individuals checked;

29         requiring that a water management district's

30         security plan identify criminal history

31         convictions or criminal history factors that

                                  1

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    Florida Senate - 2004                    CS for CS for SB 2616
    307-2667-04




 1         disqualify applicants for employment and

 2         restricted area access; authorizing the use of

 3         such factors to disqualify certain employees;

 4         authorizing water management districts to

 5         establish procedures to appeal a denial of

 6         employment or access under certain

 7         circumstances; authorizing each water

 8         management district to grant temporary waivers

 9         to meet special or emergency needs of the water

10         management district; providing offenses that

11         disqualify a person from employment or access

12         to a restricted access area; requiring that an

13         individual remain free from subsequent

14         convictions for 7 years before employment or

15         authorized access to a restricted access area;

16         authorizing each water management district to

17         develop security plans; providing an effective

18         date.

19  

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

21  

22         Section 1.  Section 373.6055, Florida Statutes, is

23  created to read:

24         373.6055  Criminal history checks for certain water

25  management district employees and others.--

26         (1)  A water management district that has structures or

27  facilities designated as "tier one" critical infrastructure by

28  the Federal Bureau of Investigation shall conduct a

29  fingerprint-based criminal history check for any current or

30  prospective employee and others designated pursuant to the

31  water management district's security plan for buildings,

                                  2

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    Florida Senate - 2004                    CS for CS for SB 2616
    307-2667-04




 1  facilities, and structures if those persons are allowed

 2  regular access to those buildings, facilities, or structures

 3  defined in the water management district's security plan as

 4  restricted access areas.

 5         (2)  A water management district that has structures or

 6  facilities that are not designated as "tier one" critical

 7  infrastructure by the Federal Bureau of Investigation may

 8  conduct a fingerprint-based criminal history check for any

 9  current or prospective employee and others designated pursuant

10  to the water management district's security plan for

11  buildings, facilities, and structures if those persons are

12  allowed regular access to critical buildings, facilities, or

13  structures defined in the water management district's security

14  plan as restricted access areas.

15         (3)(a)  The fingerprint-based criminal history check

16  shall be performed on any individual described in subsection

17  (1) pursuant to the applicable water management district's

18  security plan for buildings, facilities, and structures. With

19  respect to employees or others having regular access, such

20  checks shall be performed at least once every 5 years or at

21  other more frequent intervals as provided by the water

22  management district's security plan for buildings, facilities,

23  and structures. Each individual subject to the criminal

24  history check shall file a complete set of fingerprints with

25  the Department of Law Enforcement which are taken in a manner

26  required by the Department of Law Enforcement and the water

27  management district's security plan for buildings, facilities,

28  and structures. Fingerprints shall be submitted to the

29  Department of Law Enforcement for state processing and to the

30  Federal Bureau of Investigation for federal processing. The

31  results of each fingerprint-based check shall be reported to

                                  3

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    Florida Senate - 2004                    CS for CS for SB 2616
    307-2667-04




 1  the requesting water management district. The costs of the

 2  checks, consistent with s. 943.053(3), shall be paid by the

 3  water management district or other employing entity or by the

 4  individual checked.

 5         (b)  Each water management district's security plan for

 6  buildings, facilities, and structures must identify criminal

 7  convictions or other criminal history factors consistent with

 8  paragraph (c) which disqualify a person from initial

 9  employment or authorization for regular access to buildings,

10  facilities, or structures defined in the water management

11  district's security plan as restricted access areas. Such

12  factors shall be used to disqualify all applicants for

13  employment or others seeking regular access to buildings,

14  facilities, or structures defined in the water management

15  district's security plan as restricted access areas on or

16  after the effective date of the water management district's

17  security plan for buildings, facilities, and structures and

18  may be used to disqualify all those employed or authorized for

19  regular access as of that date. Each water management district

20  may establish a procedure to appeal a denial of employment or

21  access based upon procedural inaccuracies or discrepancies

22  regarding criminal history factors established pursuant to

23  this paragraph. A water management district may allow waivers

24  on a temporary basis to meet special or emergency needs of the

25  water management district or its users. Policies, procedures,

26  and criteria for implementing this subsection shall be

27  included in the water management district's security plan for

28  buildings, facilities, and structures.

29         (c)  In addition to other requirements for employment

30  or access established by any water management district

31  pursuant to its water management district security plan for

                                  4

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    Florida Senate - 2004                    CS for CS for SB 2616
    307-2667-04




 1  buildings, facilities, and structures, each water management

 2  district's security plan shall provide that:

 3         1.  Any person who has within the past 7 years been

 4  convicted, regardless of whether adjudication was withheld, of

 5  a forcible felony as defined in s. 776.08; an act of terrorism

 6  as defined in s. 775.30; planting of a hoax bomb as provided

 7  in s. 790.165; any violation involving the manufacture,

 8  possession, sale, delivery, display, use, or attempted or

 9  threatened use of a weapon of mass destruction or hoax weapon

10  of mass destruction as provided in s. 790.166; dealing in

11  stolen property; any violation of s. 893.135; any violation

12  involving the sale, manufacturing, delivery, or possession

13  with intent to sell, manufacture, or deliver a controlled

14  substance; burglary; robbery; any felony violation of s.

15  812.014; any violation of s. 790.07; any crime an element of

16  which includes use or possession of a firearm; any conviction

17  for any similar offenses under the laws of another

18  jurisdiction; or conviction for conspiracy to commit any of

19  the listed offenses may not be qualified for initial

20  employment within or regular access to buildings, facilities,

21  or structures defined in the water management district's

22  security plan as restricted access areas; and

23         2.  Any person who has at any time been convicted of

24  any of the offenses listed in subparagraph 1. may not be

25  qualified for initial employment within or authorized regular

26  access to buildings, facilities, or structures defined in the

27  water management district's security plan as restricted access

28  areas unless, after release from incarceration and any

29  supervision imposed as a sentence, the person remained free

30  from a subsequent conviction, regardless of whether

31  adjudication was withheld, for any of the listed offenses for

                                  5

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    Florida Senate - 2004                    CS for CS for SB 2616
    307-2667-04




 1  a period of at least 7 years prior to the employment or access

 2  date under consideration.

 3         Section 2.  This act shall take effect upon becoming a

 4  law.

 5  

 6          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 7                            CS/SB 2616

 8                                 

 9  Provides that water management districts with structures or
    facilities designated as "tier one" critical infrastructure by
10  the Federal Bureau of Investigation are required to conduct
    criminal history checks of current or prospective employees
11  and others with regular access to restricted access areas,
    while water management districts without such tier one
12  infrastructures are authorized to conduct the checks.

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                                  6

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