October 01, 2020
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Amendment CaShTmL-075140.htm
                                                  SENATE AMENDMENT
    Bill No. CS for SB 2616
    Amendment No. 1   Barcode 075140
                            CHAMBER ACTION
              Senate                               House
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11  The Committee on Home Defense, Public Security, and Ports
12  recommended the following amendment:
13  
14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:
18         Section 1.  Section 373.6055, Florida Statutes, is
19  created to read:
20         373.6055 Criminal history checks for certain water
21  management district employees and others.
22         (1)  A water management district which has structures
23  or facilities designated as "tier one" critical infrastructure
24  by the Federal Bureau of Investigation shall be required to
25  conduct a fingerprint based criminal history check for any
26  current or prospective employee and others designated pursuant
27  to the water management district's security plan for
28  buildings, facilities, and structures if those persons are
29  allowed regular access to those buildings, facilities, or
30  structures defined in the water management district's security
31  plan as restricted access areas.
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    5:37 PM   04/16/04                                 s2616.hp.01

SENATE AMENDMENT Bill No. CS for SB 2616 Amendment No. 1 Barcode 075140 1 (2) A water management district which has structures 2 or facilities which are not designated as "tier one" critical 3 infrastructure by the Federal Bureau of Investigation is 4 authorized to to conduct a fingerprint based criminal history 5 check for any current or prospective employee and others 6 designated pursuant to the water management district's 7 security plan for buildings, facilities, and structures if 8 those persons are allowed regular access to critical 9 buildings, facilities, or structures defined in the water 10 management district's security plan as restricted access 11 areas. 12 (3)(a) The fingerprint based criminal history check 13 shall be performed on any individual described in subsection 14 (1) pursuant to the applicable water management district 15 security plan for buildings, facilities, and structures. With 16 respect to employees or others with regular access, such 17 checks shall be performed at least once every 5 years or at 18 other more frequent intervals as provided by the water 19 management district security plan for buildings, facilities, 20 and structures. Each individual subject to the criminal 21 history check shall file a complete set of fingerprints with 22 the Department of Law Enforcement taken in a manner required 23 by the Department of Law Enforcement and the water management 24 district security plan for buildings, facilities, and 25 structures. Fingerprints shall be submitted to the Department 26 of Law Enforcement for state processing and to the Federal 27 Bureau of Investigation for federal processing. The results of 28 each fingerprint based check shall be reported to the 29 requesting water management district. The costs of the checks, 30 consistent with s. 943.053(3), shall be paid by the water 31 management district or other employing entity or by the 2 5:37 PM 04/16/04 s2616.hp.01
SENATE AMENDMENT Bill No. CS for SB 2616 Amendment No. 1 Barcode 075140 1 individual checked. 2 (b) Each water management district security plan for 3 buildings, facilities, and structures shall identify criminal 4 convictions or other criminal history factors consistent with 5 paragraph (c) which shall disqualify a person from either 6 initial employment or authorization for regular access to 7 buildings, facilities, or structures defined in the water 8 management district's security plan as restricted access 9 areas. Such factors shall be used to disqualify all applicants 10 or employment or others seeking regular access to buildings, 11 facilities, or structures defined in the water management 12 district's security plan as restricted access areas on or 13 after the effective date of the water management district 14 security plan for buildings, facilities, and structures and 15 may be used to disqualify all those employed or authorized for 16 regular access as of that date. Each water management district 17 may establish a procedure to appeal a denial of employment or 18 access based upon procedural inaccuracies or discrepancies 19 regarding criminal history factors established pursuant to 20 this paragraph. A water management district may allow waivers 21 on a temporary basis to meet special or emergency needs of the 22 water management district or its users. Policies, procedures, 23 and criteria for implementation of this subsection shall be 24 included in the water management district security plan for 25 buildings, facilities, and structures. 26 (c) In addition to other requirements for employment 27 or access established by any water management district 28 pursuant to its water management district security plan for 29 buildings, facilities, and structures, each water management 30 district security plan shall provide that: (1) Any person who 31 has within the past 7 years been convicted, regardless of 3 5:37 PM 04/16/04 s2616.hp.01
SENATE AMENDMENT Bill No. CS for SB 2616 Amendment No. 1 Barcode 075140 1 whether adjudication was withheld, for a forcible felony as 2 defined in s. 776.08; an act of terrorism as defined in s. 3 775.30; planting of a hoax bomb as provided in s. 790.165; any 4 violation involving the manufacture, possession, sale, 5 delivery, display, use, or attempted or threatened use of a 6 weapon of mass destruction or hoax weapon of mass destruction 7 as provided in s. 790.166; dealing in stolen property; any 8 violation of s. 893.135; any violation involving the sale, 9 manufacturing, delivery, or possession with intent to sell, 10 manufacture, or deliver a controlled substance; burglary; 11 robbery; any felony violation of s. 812.014; any violation of 12 s. 790.07; any crime an element of which includes use or 13 possession of a firearm; any conviction for any similar 14 offenses under the laws of another jurisdiction; or conviction 15 for conspiracy to commit any of the listed offenses shall not 16 be qualified for initial employment within or regular access 17 to buildings, facilities, or structures defined in the water 18 management district's security plan as restricted access 19 areas; and (2) Any person who has at any time been convicted 20 for any of the listed offenses shall not be qualified for 21 initial employment within or authorized regular access to 22 buildings, facilities, or structures defined in the water 23 management district's security plan as restricted access 24 areas, unless after release from incarceration and any 25 supervision imposed as a sentence, the person remained free 26 from a subsequent conviction, regardless of whether 27 adjudication was withheld, for any of the listed offenses for 28 a period of at least 7 years prior to the employment or access 29 date under consideration. 30 Section 2. This act shall take effect upon becoming a 31 law. 4 5:37 PM 04/16/04 s2616.hp.01
SENATE AMENDMENT Bill No. CS for SB 2616 Amendment No. 1 Barcode 075140 1 ================ T I T L E A M E N D M E N T =============== 2 And the title is amended as follows: 3 Delete everything before the enacting clause 4 5 and insert: 6 A bill to be entitled 7 An act relating to water management district 8 employees; creating s. 373.6055, F.S.; 9 requiring water management districts with 10 structure or facilities designated as "tier 11 one" critical infrastructures by the Federal 12 Bureau of Investigation to conduct fingerprint 13 based criminal history checks of current or 14 prospective employees and other persons allowed 15 regular access to restricted access areas 16 pursuant to applicable security plans; 17 authorizing water management districts with 18 structures or facilities which are not 19 designated as "tier one" critical 20 infrastructure by the Federal Bureau of 21 Investigation to conduct fingerprint based 22 criminal history checks of current or 23 prospective employees and other persons allowed 24 regular access to restricted access areas 25 pursuant to applicable security plans; 26 requiring additional criminal history checks; 27 requiring that fingerprints of applicants and 28 employees be submitted to the Department of Law 29 Enforcement and the Federal Bureau of 30 Investigation for processing; providing for 31 costs of criminal history checks to be paid by 5 5:37 PM 04/16/04 s2616.hp.01
SENATE AMENDMENT Bill No. CS for SB 2616 Amendment No. 1 Barcode 075140 1 water management districts, other employing 2 entities; or by individuals checked; requiring 3 that water management district security plans 4 identify criminal history convictions or 5 criminal history factors which disqualify 6 applicants for employment and restricted area 7 access and authorizing the use of such factors 8 to disqualify certain employees; authorizing 9 water management districts to establish 10 procedures to appeal a denial of employment or 11 access under certain circumstances and 12 authorizing each water management district to 13 grant temporary waivers to meet special or 14 emergency needs of the water management 15 district; providing offenses that disqualify a 16 person from employment or access to a 17 restricted access area; providing that an 18 individual remain free from subsequent 19 convictions for 7 years before seeking 20 employment or access to a restricted access 21 area; authorizing each water management 22 district to develop security plans; providing 23 an effective date. 24 25 26 27 28 29 30 31 6 5:37 PM 04/16/04 s2616.hp.01
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