Florida Senate - 2005                        SENATOR AMENDMENT
    Bill No. CS for CS for SB 1978
                        Barcode 432138
                            CHAMBER ACTION
              Senate                               House
                                   .                    
                                   .                    
 1                  WD/2R          .                    
       05/04/2005 12:01 PM         .                    
 2                                 .                    
                                   .                    
 3                                 .                    
                                   .                    
 4  ______________________________________________________________
 5  
 6  
 7  
 8  
 9  
10  ______________________________________________________________
11  Senator Crist moved the following amendment:
12  
13         Senate Amendment (with title amendment) 
14         On page 33, between lines 27 and 28,
15  
16  insert:  
17         Section 7.  Subsection (4) of section 985.407, Florida
18  Statutes, is amended to read:
19         985.407  Departmental contracting powers; personnel
20  standards and screening.--
21         (4)(a)  For any person employed by the department, or
22  by a provider under contract with the department, in
23  delinquency facilities, services, or programs, the department
24  shall require:
25         1.  A level 2 employment screening pursuant to chapter
26  435 prior to employment; and, using the level 1 standards for
27  screening set forth in that chapter, for personnel in
28  delinquency facilities, services, or programs.
29         2.  A federal criminal records check by the Federal
30  Bureau of Investigation every 5 years following the date of
31  the person's employment.
                                  1
    5:03 PM   05/03/05                             s1978c2c-12-29m
    Florida Senate - 2005                        SENATOR AMENDMENT
    Bill No. CS for CS for SB 1978
                        Barcode 432138
 1         (b)  Except for law enforcement, correctional, and
 2  correctional probation officers, to whom s. 943.13(5) applies,
 3  the department shall electronically submit to the Department
 4  of Law Enforcement:
 5         1.  Fingerprint information obtained during the
 6  employment screening required by subparagraph (a)1.; and
 7         2.  Beginning December 15, 2005, fingerprint
 8  information for all persons employed by the department, or by
 9  a provider under contract with the department, in delinquency
10  facilities, services, or programs if such fingerprint
11  information has not previously been electronically submitted
12  to the Department of Law Enforcement under this paragraph.
13         (c)  All fingerprint information electronically
14  submitted to the Department of Law Enforcement under paragraph
15  (b) shall be retained by the Department of Law Enforcement and
16  entered into the statewide automated fingerprint
17  identification system authorized by s. 943.05(2)(b) and shall
18  thereafter be available for all purposes and uses authorized
19  for arrest fingerprint information entered into the statewide
20  automated fingerprint identification system pursuant to s.
21  943.051 until the fingerprint information is removed pursuant
22  to paragraph (e). The Department of Law Enforcement shall
23  search all arrest fingerprint information received pursuant to
24  s. 943.051 against the fingerprint information entered into
25  the statewide automated fingerprint system pursuant to this
26  subsection. Any arrest records identified as a result of the
27  search shall be reported to the department in the manner and
28  timeframe established by rule of the Department of Law
29  Enforcement.
30         (d)  The department shall pay an annual fee to the
31  Department of Law Enforcement for its costs resulting from the
                                  2
    5:03 PM   05/03/05                             s1978c2c-12-29m
    Florida Senate - 2005                        SENATOR AMENDMENT
    Bill No. CS for CS for SB 1978
                        Barcode 432138
 1  fingerprint-information-retention services required by this
 2  subsection. The amount of the annual fee and procedures for
 3  the submission and retention of fingerprint information and
 4  for the dissemination of search results shall be established
 5  by rule of the Department of Law Enforcement which is
 6  applicable to the department individually pursuant to this
 7  subsection or is applicable to the department and other
 8  employing agencies pursuant to rulemaking authority otherwise
 9  provided by law.
10         (e)  The department shall notify the Department of Law
11  Enforcement when a person whose fingerprint information is
12  retained by the Department of Law Enforcement under this
13  subsection is no longer employed by the department, or by a
14  provider under contract with the department, in a delinquency
15  facility, service, or program. This notice shall be provided
16  by the department to the Department of Law Enforcement no
17  later than 6 months after the date of the change in the
18  person's employment status. Fingerprint information for
19  persons identified by the department in the notice shall be
20  removed from the statewide automated fingerprint system.
21         Section 8.  The sums of $36,834 in recurring funds and
22  $86,407 in nonrecurring funds are appropriated from the
23  General Revenue Fund to the Department of Juvenile Justice for
24  expenses for the 2005-2006 fiscal year. The sum of $133,335 in
25  recurring funds is appropriated from the Administrative Trust
26  Fund to the Department of Juvenile Justice for expenses for
27  the 2005-2006 fiscal year.
28  
29  (Redesignate subsequent sections.)
30  
31  
                                  3
    5:03 PM   05/03/05                             s1978c2c-12-29m
    Florida Senate - 2005                        SENATOR AMENDMENT
    Bill No. CS for CS for SB 1978
                        Barcode 432138
 1  ================ T I T L E   A M E N D M E N T ===============
 2  And the title is amended as follows:
 3         On page 1, line 28, after the semicolon,
 4  
 5  insert:
 6         amending s. 985.407, F.S.; revising
 7         employee-screening procedures of the Department
 8         of Juvenile Justice; requiring the department
 9         to provide fingerprint information to the
10         Department of Law Enforcement and pay an annual
11         fee; providing appropriations;
12  
13  
14  
15  
16  
17  
18  
19  
20  
21  
22  
23  
24  
25  
26  
27  
28  
29  
30  
31  
                                  4
    5:03 PM   05/03/05                             s1978c2c-12-29m