September 24, 2020
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Senate Bill 2616

Senate Bill sb2616e1

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




    CS for CS for SB 2616                          First Engrossed



  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 identified as critical

  6         infrastructure by the Regional Security Task

  7         Force to conduct fingerprint-based criminal

  8         history checks of current or prospective

  9         employees and other persons allowed regular

10         access to restricted access areas pursuant to

11         applicable security plans; authorizing water

12         management districts with structures or

13         facilities that are not identified as critical

14         infrastructure by the Regional Security Task

15         Force to conduct fingerprint-based criminal

16         history checks of current or prospective

17         employees and other persons allowed regular

18         access to restricted access areas pursuant to

19         applicable security plans; requiring additional

20         criminal history checks; requiring that

21         fingerprints of applicants and employees be

22         submitted to the Department of Law Enforcement

23         and the Federal Bureau of Investigation for

24         processing; providing for costs of criminal

25         history checks to be paid by water management

26         districts, other employing entities, or by the

27         individuals checked; requiring that a water

28         management district's security plan identify

29         criminal history convictions or criminal

30         history factors that disqualify applicants for

31         employment and restricted area access;


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    CS for CS for SB 2616                          First Engrossed



 1         authorizing the use of such factors to

 2         disqualify certain employees; authorizing water

 3         management districts to establish procedures to

 4         appeal a denial of employment or access under

 5         certain circumstances; authorizing each water

 6         management district to grant temporary waivers

 7         to meet special or emergency needs of the water

 8         management district; providing offenses that

 9         disqualify a person from employment or access

10         to a restricted access area; requiring that an

11         individual remain free from subsequent

12         convictions for 7 years before employment or

13         authorized access to a restricted access area;

14         authorizing each water management district to

15         develop security plans; providing an effective

16         date.

17  

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

19  

20         Section 1.  Section 373.6055, Florida Statutes, is

21  created to read:

22         373.6055  Criminal history checks for certain water

23  management district employees and others.--

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

25  facilities identified as critical infrastructure by the

26  Regional Security Task Force created pursuant to s. 943.0312,

27  shall conduct a fingerprint-based criminal history check for

28  any current or prospective employee and others designated

29  pursuant to the water management district's security plan for

30  buildings, facilities, and structures if those persons are

31  allowed regular access to those buildings, facilities, or


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    CS for CS for SB 2616                          First Engrossed



 1  structures defined in the water management district's security

 2  plan as restricted access areas.

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

 4  facilities that are not identified as critical infrastructure

 5  by the Regional Security Task Force created pursuant to s.

 6  943.0312, may conduct a fingerprint-based criminal history

 7  check for any current or prospective employee and others

 8  designated pursuant to the water management district's

 9  security plan for buildings, facilities, and structures if

10  those persons are allowed regular access to critical

11  buildings, facilities, or structures defined in the water

12  management district's security plan as restricted access

13  areas.

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

15  shall be performed on any individual described in subsection

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

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

18  respect to employees or others having regular access, such

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

20  other more frequent intervals as provided by the water

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

22  and structures. Each individual subject to the criminal

23  history check shall file a complete set of fingerprints with

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

25  required by the Department of Law Enforcement and the water

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

27  and structures. Fingerprints shall be submitted to the

28  Department of Law Enforcement for state processing and to the

29  Federal Bureau of Investigation for federal processing. The

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

31  the requesting water management district. The costs of the


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    CS for CS for SB 2616                          First Engrossed



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

 2  water management district or other employing entity or by the

 3  individual checked.

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

 5  buildings, facilities, and structures must identify criminal

 6  convictions or other criminal history factors consistent with

 7  paragraph (c) which disqualify a person from initial

 8  employment or authorization for regular access to buildings,

 9  facilities, or structures defined in the water management

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

11  factors shall be used to disqualify all applicants for

12  employment or others seeking regular access to buildings,

13  facilities, or structures defined in the water management

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

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

16  security plan for buildings, facilities, and structures and

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

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

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

20  access based upon procedural inaccuracies or discrepancies

21  regarding criminal history factors established pursuant to

22  this paragraph. A water management district may allow waivers

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

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

25  and criteria for implementing this subsection shall be

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

27  buildings, facilities, and structures.

28         (c)  In addition to other requirements for employment

29  or access established by any water management district

30  pursuant to its water management district security plan for

31  


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    CS for CS for SB 2616                          First Engrossed



 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


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    CS for CS for SB 2616                          First Engrossed



 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

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