Senate Bill sb1854e1

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    CS for SB 1854                                 First Engrossed



  1                      A bill to be entitled

  2         An act relating to school personnel; creating

  3         s. 1012.47, F.S.; requiring certain personnel

  4         in an alternative school that operates under

  5         contract with a district school system to file

  6         a set of fingerprints; requiring personnel to

  7         be subject to state and federal rules and

  8         regulations; amending s. 1012.32, F.S.;

  9         requiring both instructional and

10         noninstructional personnel of charter schools

11         to file fingerprints with the school board of

12         the district within which the charter school is

13         located; providing that contractors have the

14         same probationary status as employees;

15         providing duties of the Department of Law

16         Enforcement with respect to retention and

17         search of fingerprint records submitted on

18         behalf of school employees and contractors;

19         providing duties of school districts and

20         charter schools; providing for fees; providing

21         an effective date.

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

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25         Section 1.  Section 1012.47, Florida Statutes, is

26  created to read:

27         1012.47  Employment of alternative school

28  personnel.--All instructional and noninstructional personnel

29  who are hired to fill positions requiring direct contact with

30  students in an alternative school that operates under contract

31  with a district school system shall, upon employment and


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    CS for SB 1854                                 First Engrossed



 1  according to conditions of the contract, file a complete set

 2  of fingerprints as required in s. 1012.32. Such personnel

 3  shall be subject to state and federal rules and regulations

 4  that govern public school personnel.

 5         Section 2.  Subsection (2) of section 1012.32, Florida

 6  Statutes, is amended to read:

 7         1012.32  Qualifications of personnel.--

 8         (2)(a)  Instructional and noninstructional personnel

 9  who are hired to fill positions requiring direct contact with

10  students in any district school system or university lab

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

12  fingerprints taken by an authorized law enforcement officer or

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

14  fingerprints. Instructional and noninstructional personnel who

15  are hired or contracted to fill positions in any charter

16  school and members of the governing board of any charter

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

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

19  the district school board for the district in which the

20  charter school is located a complete set of fingerprints taken

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

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

23  fingerprints shall be submitted to the Department of Law

24  Enforcement for state processing and to the Federal Bureau of

25  Investigation for federal processing. The new employees or

26  contractors shall be on probationary status pending

27  fingerprint processing and determination of compliance with

28  standards of good moral character. Employees or contractors

29  found through fingerprint processing to have been convicted of

30  a crime involving moral turpitude shall not be employed or

31  engaged to provide services in any position requiring direct


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    CS for SB 1854                                 First Engrossed



 1  contact with students.  Probationary employees or contractors

 2  terminated because of their criminal record shall have the

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

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

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

 6         (b)  Personnel who have been fingerprinted or screened

 7  pursuant to this subsection and who have not been unemployed

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

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

10  refingerprinted or rescreened in order to comply with the

11  requirements of this subsection.

12         (c)  Beginning July 1, 2003, all fingerprints submitted

13  to the Department of Law Enforcement as required by paragraph

14  (a), shall be retained by the Department of Law Enforcement

15  and entered in the statewide automated fingerprint

16  identification system authorized by s. 943.05(2)(b). Such

17  fingerprints shall thereafter be available for all purposes

18  and uses authorized for arrest fingerprint cards entered in

19  the statewide automated fingerprint identification system

20  pursuant to s. 943.051.

21         Section 3.  This act shall take effect July 1, 2003.

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