Florida Senate - 2006                        SENATOR AMENDMENT
    Bill No. CS for CS for SB 1080
                        Barcode 842920
                            CHAMBER ACTION
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       04/20/2006 12:10 PM         .                    
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11  Senator Campbell moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         On page 37, line 21, through
15            page 39, line 11, delete those lines
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17  and insert:  
18         Section 6.  Section 39.0138, Florida Statutes, is
19  created to read:
20         39.0138  Criminal history records check; limit on
21  placement of a child.--
22         (1)  The department shall conduct a criminal history
23  records check for all persons being considered by the
24  department for approval for placement of a child subject to a
25  placement decision under this chapter. For purposes of this
26  section, a criminal history records check may include, but is
27  not limited to, submission of fingerprints to the Department
28  of Law Enforcement for processing and forwarding to the
29  Federal Bureau of Investigation for state and national
30  criminal history information, and local criminal records
31  checks through local law enforcement agencies.
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    10:44 AM   04/19/06                            s1080c2c-32-tk9

Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1080 Barcode 842920 1 (2) The department may not place a child with a person 2 other than a parent if the criminal history records check 3 reveals that the person has been convicted of any felony that 4 falls within any of the following categories: 5 (a) Child abuse, abandonment, or neglect; 6 (b) Domestic violence; 7 (c) Child pornography or other felony in which a child 8 was a victim of the offense; or 9 (d) Homicide, sexual battery, or other felony 10 involving violence, other than felony assault or felony 11 battery when an adult was the victim of the assault or 12 battery. 13 (3) The department may not place a child with a person 14 other than a parent if the criminal history records check 15 reveals that the person has, within the previous 5 years, been 16 convicted of a felony that falls within any of the following 17 categories: 18 (a) Assault; 19 (b) Battery; or 20 (c) A drug-related offense. 21 (4) The department may place a child in a home that 22 otherwise meets placement requirements if a name check of 23 state and local criminal history records systems does not 24 disqualify the applicant and if the department submits 25 fingerprints to the Department of Law Enforcement for 26 forwarding to the Federal Bureau of Investigation and is 27 awaiting the results of the state and national criminal 28 history records check. 29 (5) Persons with whom placement of a child is being 30 considered or approved must disclose to the department any 31 prior or pending local, state, or national criminal 2 10:44 AM 04/19/06 s1080c2c-32-tk9
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1080 Barcode 842920 1 proceedings in which they are or have been involved. 2 (6) The department may examine the results of any 3 criminal history records check of any person, including a 4 parent, with whom placement of a child is being considered 5 under this section. The complete criminal history records 6 check must be considered when determining whether placement 7 with the person will jeopardize the safety of the child being 8 placed. 9 (7)(a) The court may review a decision of the 10 department to grant or deny the placement of a child based 11 upon information from the criminal history records check. The 12 review may be upon the motion of any party, the request of any 13 person who has been denied a placement by the department, or 14 on the court's own motion. The court shall prepare written 15 findings to support its decision in this matter. 16 (b) A person who is seeking placement of a child but 17 is denied the placement because of the results of a criminal 18 history records check has the burden of setting forth 19 sufficient evidence of rehabilitation to show that the person 20 will not present a danger to the child if the placement of the 21 child is allowed. Evidence of rehabilitation may include, but 22 is not limited to, the circumstances surrounding the incident 23 providing the basis for denying the application, the time 24 period that has elapsed since the incident, the nature of the 25 harm caused to the victim, whether the victim was a child, the 26 history of the person since the incident, whether the person 27 has complied with any requirement to pay restitution, and any 28 other evidence or circumstances indicating that the person 29 will not present a danger to the child if the placement of the 30 child is allowed. 31 3 10:44 AM 04/19/06 s1080c2c-32-tk9
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1080 Barcode 842920 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, lines 17-20, delete that line 4 5 and insert: 6 creating s. 39.0138, F.S.; requiring the 7 department to conduct a criminal history 8 records check of any person being considered as 9 a prospective foster parent; prohibiting a 10 court from placing a child with a person if the 11 person's criminal history records check shows 12 that the person was convicted of certain 13 specified felonies; requiring a person to 14 disclose to the department pending criminal 15 proceedings; providing that a 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 4 10:44 AM 04/19/06 s1080c2c-32-tk9