| 1 | A bill to be entitled |
| 2 | An act relating to background screening for |
| 3 | noninstructional school district employees and |
| 4 | contractors; providing that individuals required to |
| 5 | undergo background screening pursuant to the amendments to |
| 6 | s. 1012.465, F.S., relating to background screening |
| 7 | requirements for certain noninstructional school district |
| 8 | employees and contractors, made by s. 21, ch. 2005-28, |
| 9 | Laws of Florida, are required to meet the required |
| 10 | screening requirements as soon as reasonably possible and |
| 11 | shall be and remain in full and continuing compliance no |
| 12 | later than a specified date; prohibiting contractual |
| 13 | personnel who have not completed specified screening |
| 14 | requirements from access to school grounds; prohibiting |
| 15 | specified individuals from access to school grounds; |
| 16 | providing an expiration date; providing an effective date. |
| 17 |
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| 18 | WHEREAS, the 2005 Legislature enacted chapter 2005-28, Laws |
| 19 | of Florida, known as the "Jessica Lunsford Act," in response to |
| 20 | the horrific murder of a child by a convicted sex offender who |
| 21 | lived in her neighborhood and worked as a subcontractor at her |
| 22 | school, and |
| 23 | WHEREAS, despite some unintended consequences that have |
| 24 | resulted in implementation difficulties for school districts, |
| 25 | the business community, and law enforcement, the new law has |
| 26 | been applauded by families and communities across the state, and |
| 27 | WHEREAS, it is the intent of the Legislature to address the |
| 28 | law's unintended consequences through the full and deliberative |
| 29 | committee process afforded by the 2006 Regular Session, and |
| 30 | WHEREAS, until that time, it is the intent of the |
| 31 | Legislature that all persons and entities affected by the new |
| 32 | law continue to aggressively and relentlessly proceed with its |
| 33 | implementation, NOW, THEREFORE, |
| 34 |
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| 35 | Be It Enacted by the Legislature of the State of Florida: |
| 36 |
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| 37 | Section 1. (1) The amendments to s. 1012.465, Florida |
| 38 | Statutes, in s. 21 of chapter 2005-28, Laws of Florida, are |
| 39 | effective commencing September 1, 2005, and all contractual |
| 40 | personnel who were not otherwise subject to s. 1012.465, Florida |
| 41 | Statutes, prior to that date shall meet the required level 2 |
| 42 | screening requirements as soon as reasonably possible and shall |
| 43 | be and remain in full and continuing compliance no later than |
| 44 | July 1, 2006. |
| 45 | (2) All contractual personnel who have not completed the |
| 46 | screening requirements pursuant to subsection (1) shall be |
| 47 | denied access to school grounds when students are present until |
| 48 | the employer has conducted a search of their names or other |
| 49 | identifying information against the registration information |
| 50 | regarding sexual predators and sexual offenders maintained by |
| 51 | the Department of Law Enforcement under s. 943.043, Florida |
| 52 | Statutes, and the national sex offender public registry |
| 53 | maintained by the United States Department of Justice. |
| 54 | (3) Any contractual personnel identified as a sexual |
| 55 | predator or sexual offender in the registry search required in |
| 56 | subsection (2) shall not be permitted on school grounds when |
| 57 | students are present. |
| 58 | (4) This section shall expire July 1, 2006. |
| 59 | Section 2. This act shall take effect upon becoming a law. |