Senate Bill sb2512

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2006                                  SB 2512

    By Senator Haridopolos





    26-1627-06                                              See HB

  1                      A bill to be entitled

  2         An act relating to sexual predators and

  3         offenders; amending s. 322.141, F.S.; requiring

  4         distinctive markings for driver's licenses and

  5         identification cards issued to persons who are

  6         designated as sexual predators or subject to

  7         registration as sexual offenders; amending s.

  8         322.212, F.S.; prohibiting the alteration of

  9         sexual predator or sexual offender markings on

10         driver's licenses or identification cards, for

11         which there are criminal penalties; amending s.

12         775.21, F.S.; requiring sexual predators to

13         obtain a distinctive driver's license or

14         identification card; requiring sexual predators

15         to carry such a license or card in public and

16         present it upon request by certain persons;

17         providing criminal penalties for violations;

18         amending s. 943.0435, F.S.; requiring sexual

19         offenders to obtain a distinctive driver's

20         license or identification card; requiring

21         offenders to carry such a license or card in

22         public and present it upon request by certain

23         persons; providing criminal penalties for

24         violations; amending s. 921.0022, F.S.;

25         including offenses relating to the possession

26         and presentation of driver's licenses and

27         identification cards by sexual predators and

28         offenders within the offense severity ranking

29         chart of the Criminal Punishment Code; amending

30         s. 1012.465, F.S.; deleting references to

31         contractual personnel; providing definitions;

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    Florida Senate - 2006                                  SB 2512
    26-1627-06                                              See HB




 1         requiring contractual personnel working on

 2         school grounds during instructional hours to be

 3         subject to a check of Florida driver's licenses

 4         or identification cards for the purposes of

 5         ascertaining their sexual offender and sexual

 6         predator status; providing duties for such

 7         personnel; providing an exception; providing an

 8         effective date.

 9  

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

11  

12         Section 1.  Section 322.141, Florida Statutes, is

13  amended to read:

14         322.141  Color or markings of certain licenses or

15  identification cards.--

16         (1)  All licenses originally issued or reissued by the

17  department to persons under the age of 21 years for the

18  operation of motor vehicles shall have markings or color which

19  shall be obviously separate and distinct from all other

20  licenses issued by the department for the operation of motor

21  vehicles.

22         (2)(a)  All licenses for the operation of motor

23  vehicles originally issued or reissued by the department to

24  persons who have insulin-dependent diabetes may, at the

25  request of the applicant, have distinctive markings separate

26  and distinct from all other licenses issued by the department.

27         (b)  At the time of application for original license or

28  reissue, the department shall require such proof as it deems

29  appropriate that a person has insulin-dependent diabetes.

30         (3)  All licenses for the operation of motor vehicles

31  or identification cards originally issued or reissued by the

                                  2

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    Florida Senate - 2006                                  SB 2512
    26-1627-06                                              See HB




 1  department to persons who are designated as sexual predators

 2  under s. 775.21 or subject to registration as sexual offenders

 3  under s. 943.0435 shall have on the front of the license the

 4  following:

 5         (a)  For a person designated as a sexual predator under

 6  s. 775.21, the marking "775.21, F.S."

 7         (b)  For a person subject to registration as a sexual

 8  offender under s. 943.0435, the marking "943.0435, F.S."

 9         Section 2.  Paragraph (c) is added to subsection (5) of

10  section 322.212, Florida Statutes, to read:

11         322.212  Unauthorized possession of, and other unlawful

12  acts in relation to, driver's license or identification

13  card.--

14         (5)

15         (c)  It is unlawful for any person to have in his or

16  her possession a driver's license or identification card upon

17  which the sexual predator or sexual offender markings required

18  by s. 322.141 have been altered.

19         Section 3.  Paragraph (f) of subsection (6) of section

20  775.21, Florida Statutes, is amended, paragraph (m) is added

21  to that subsection, and paragraph (h) is added to subsection

22  (10) of that section, to read:

23         775.21  The Florida Sexual Predators Act.--

24         (6)  REGISTRATION.--

25         (f)  Within 48 hours after the registration required

26  under paragraph (a) or paragraph (e), a sexual predator who is

27  not incarcerated and who resides in the community, including a

28  sexual predator under the supervision of the Department of

29  Corrections, shall register in person at a driver's license

30  office of the Department of Highway Safety and Motor Vehicles

31  

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    Florida Senate - 2006                                  SB 2512
    26-1627-06                                              See HB




 1  and shall present proof of registration. At the driver's

 2  license office the sexual predator shall:

 3         1.  If otherwise qualified, secure a Florida driver's

 4  license, renew a Florida driver's license, or secure an

 5  identification card. The sexual predator shall identify

 6  himself or herself as a sexual predator who is required to

 7  comply with this section, provide his or her place of

 8  permanent or temporary residence, including a rural route

 9  address and a post office box, and submit to the taking of a

10  photograph for use in issuing a driver's license, renewed

11  license, or identification card, and for use by the department

12  in maintaining current records of sexual predators. A post

13  office box shall not be provided in lieu of a physical

14  residential address. If the sexual predator's place of

15  residence is a motor vehicle, trailer, mobile home, or

16  manufactured home, as defined in chapter 320, the sexual

17  predator shall also provide to the Department of Highway

18  Safety and Motor Vehicles the vehicle identification number;

19  the license tag number; the registration number; and a

20  description, including color scheme, of the motor vehicle,

21  trailer, mobile home, or manufactured home. If a sexual

22  predator's place of residence is a vessel, live-aboard vessel,

23  or houseboat, as defined in chapter 327, the sexual predator

24  shall also provide to the Department of Highway Safety and

25  Motor Vehicles the hull identification number; the

26  manufacturer's serial number; the name of the vessel,

27  live-aboard vessel, or houseboat; the registration number; and

28  a description, including color scheme, of the vessel,

29  live-aboard vessel, or houseboat.

30         2.  Pay the costs assessed by the Department of Highway

31  Safety and Motor Vehicles for issuing or renewing a driver's

                                  4

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    Florida Senate - 2006                                  SB 2512
    26-1627-06                                              See HB




 1  license or identification card as required by this section.

 2  The driver's license or identification card issued shall

 3  comply with s. 322.141(3).

 4         3.  Provide, upon request, any additional information

 5  necessary to confirm the identity of the sexual predator,

 6  including a set of fingerprints.

 7         (m)  A sexual predator shall carry the driver's license

 8  or identification card issued under paragraph (f) on his or

 9  her person at all times while in public. A sexual predator in

10  public must present his or her driver's license or

11  identification card when requested by any employee of the

12  department or any law enforcement officer.

13  

14  The sheriff shall promptly provide to the department the

15  information received from the sexual predator.

16         (10)  PENALTIES.--

17         (h)  A sexual predator who fails to carry or present a

18  driver's license or identification card in violation of

19  paragraph (6)(m) commits:

20         1.  For a first or second offense, a misdemeanor of the

21  first degree, punishable as provided in s. 775.082 or s.

22  775.083.

23         2.  For a third or subsequent offense, a felony of the

24  third degree, punishable as provided in s. 775.082, s.

25  775.083, or s. 775.084.

26         Section 4.  Subsection (3) and paragraph (a) of

27  subsection (9) of section 943.0435, Florida Statutes, are

28  amended to read:

29         943.0435  Sexual offenders required to register with

30  the department; penalty.--

31  

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    Florida Senate - 2006                                  SB 2512
    26-1627-06                                              See HB




 1         (3)  Within 48 hours after the report required under

 2  subsection (2), a sexual offender shall report in person at a

 3  driver's license office of the Department of Highway Safety

 4  and Motor Vehicles, unless a driver's license or

 5  identification card that complies with the requirements of s.

 6  322.141(3) was previously secured or updated under s. 944.607.

 7  At the driver's license office the sexual offender shall:

 8         (a)  If otherwise qualified, secure a Florida driver's

 9  license, renew a Florida driver's license, or secure an

10  identification card. The sexual offender shall identify

11  himself or herself as a sexual offender who is required to

12  comply with this section and shall provide proof that the

13  sexual offender reported as required in subsection (2). The

14  sexual offender shall provide any of the information specified

15  in subsection (2), if requested. The sexual offender shall

16  submit to the taking of a photograph for use in issuing a

17  driver's license, renewed license, or identification card, and

18  for use by the department in maintaining current records of

19  sexual offenders.

20         (b)  Pay the costs assessed by the Department of

21  Highway Safety and Motor Vehicles for issuing or renewing a

22  driver's license or identification card as required by this

23  section. The driver's license or identification card issued

24  shall comply with s. 322.141(3).

25         (c)  Provide, upon request, any additional information

26  necessary to confirm the identity of the sexual offender,

27  including a set of fingerprints.

28  

29  A sexual offender shall carry the driver's license or

30  identification card issued under this subsection on his or her

31  person at all times while in public. A sexual offender in

                                  6

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    Florida Senate - 2006                                  SB 2512
    26-1627-06                                              See HB




 1  public must present his or her driver's license or

 2  identification card when requested by any employee of the

 3  department or any law enforcement officer.

 4         (9)(a)1.  Except as provided in subparagraph 2.,  a

 5  sexual offender who does not comply with the requirements of

 6  this section commits a felony of the third degree, punishable

 7  as provided in s. 775.082, s. 775.083, or s. 775.084.

 8         2.  A sexual offender who fails to carry or present a

 9  driver's license or identification card in violation of

10  subsection (3) commits:

11         a.  For a first or second offense, a misdemeanor of the

12  first degree, punishable as provided in s. 775.082 or s.

13  775.083.

14         b.  For a third or subsequent offense, a felony of the

15  third degree, punishable as provided in s. 775.082, s.

16  775.083, or s. 775.084.

17         Section 5.  Paragraph (g) of subsection (3) of section

18  921.0022, Florida Statutes, is amended to read:

19         921.0022  Criminal Punishment Code; offense severity

20  ranking chart.--

21         (3)  OFFENSE SEVERITY RANKING CHART

22  

23  Florida           Felony

24  Statute           Degree             Description

25  

26                              

27                              (g)  LEVEL 7

28  316.027(1)(b)      2nd      Accident involving death, failure

29                              to stop; leaving scene.

30  316.193(3)(c)2.    3rd      DUI resulting in serious bodily

31                              injury.

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    Florida Senate - 2006                                  SB 2512
    26-1627-06                                              See HB




 1  316.1935(3)(b)     1st      Causing serious bodily injury or

 2                              death to another person; driving

 3                              at high speed or with wanton

 4                              disregard for safety while

 5                              fleeing or attempting to elude

 6                              law enforcement officer who is in

 7                              a patrol vehicle with siren and

 8                              lights activated.

 9  327.35(3)(c)2.     3rd      Vessel BUI resulting in serious

10                              bodily injury.

11  402.319(2)         2nd      Misrepresentation and negligence

12                              or intentional act resulting in

13                              great bodily harm, permanent

14                              disfiguration, permanent

15                              disability, or death.

16  409.920(2)         3rd      Medicaid provider fraud.

17  456.065(2)         3rd      Practicing a health care

18                              profession without a license.

19  456.065(2)         2nd      Practicing a health care

20                              profession without a license

21                              which results in serious bodily

22                              injury.

23  458.327(1)         3rd      Practicing medicine without a

24                              license.

25  459.013(1)         3rd      Practicing osteopathic medicine

26                              without a license.

27  460.411(1)         3rd      Practicing chiropractic medicine

28                              without a license.

29  461.012(1)         3rd      Practicing podiatric medicine

30                              without a license.

31  

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    Florida Senate - 2006                                  SB 2512
    26-1627-06                                              See HB




 1  462.17             3rd      Practicing naturopathy without a

 2                              license.

 3  463.015(1)         3rd      Practicing optometry without a

 4                              license.

 5  464.016(1)         3rd      Practicing nursing without a

 6                              license.

 7  465.015(2)         3rd      Practicing pharmacy without a

 8                              license.

 9  466.026(1)         3rd      Practicing dentistry or dental

10                              hygiene without a license.

11  467.201            3rd      Practicing midwifery without a

12                              license.

13  468.366            3rd      Delivering respiratory care

14                              services without a license.

15  483.828(1)         3rd      Practicing as clinical laboratory

16                              personnel without a license.

17  483.901(9)         3rd      Practicing medical physics

18                              without a license.

19  484.013(1)(c)      3rd      Preparing or dispensing optical

20                              devices without a prescription.

21  484.053            3rd      Dispensing hearing aids without a

22                              license.

23  494.0018(2)        1st      Conviction of any violation of

24                              ss. 494.001-494.0077 in which the

25                              total money and property

26                              unlawfully obtained exceeded

27                              $50,000 and there were five or

28                              more victims.

29  

30  

31  

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    Florida Senate - 2006                                  SB 2512
    26-1627-06                                              See HB




 1  560.123(8)(b)1.    3rd      Failure to report currency or

 2                              payment instruments exceeding

 3                              $300 but less than $20,000 by

 4                              money transmitter.

 5  560.125(5)(a)      3rd      Money transmitter business by

 6                              unauthorized person, currency or

 7                              payment instruments exceeding

 8                              $300 but less than $20,000.

 9  655.50(10)(b)1.    3rd      Failure to report financial

10                              transactions exceeding $300 but

11                              less than $20,000 by financial

12                              institution.

13  775.21(10)(a)      3rd      Sexual predator; failure to

14                              register; failure to renew

15                              driver's license or

16                              identification card; other

17                              registration violations.

18  775.21(10)(b)      3rd      Sexual predator working where

19                              children regularly congregate.

20  775.21(10)(g)      3rd      Failure to report or providing

21                              false information about a sexual

22                              predator; harbor or conceal a

23                              sexual predator.  

24  775.21(10)(h)2.    3rd      Failure of sexual predator to

25                              carry or present driver's license

26                              or identification card.

27  782.051(3)         2nd      Attempted felony murder of a

28                              person by a person other than the

29                              perpetrator or the perpetrator of

30                              an attempted felony.

31  

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    Florida Senate - 2006                                  SB 2512
    26-1627-06                                              See HB




 1  782.07(1)          2nd      Killing of a human being by the

 2                              act, procurement, or culpable

 3                              negligence of another

 4                              (manslaughter).

 5  782.071            2nd      Killing of human being or viable

 6                              fetus by the operation of a motor

 7                              vehicle in a reckless manner

 8                              (vehicular homicide).

 9  782.072            2nd      Killing of a human being by the

10                              operation of a vessel in a

11                              reckless manner (vessel

12                              homicide).

13  784.045(1)(a)1.    2nd      Aggravated battery; intentionally

14                              causing great bodily harm or

15                              disfigurement.

16  784.045(1)(a)2.    2nd      Aggravated battery; using deadly

17                              weapon.

18  784.045(1)(b)      2nd      Aggravated battery; perpetrator

19                              aware victim pregnant.

20  784.048(4)         3rd      Aggravated stalking; violation of

21                              injunction or court order.

22  784.048(7)         3rd      Aggravated stalking; violation of

23                              court order.

24  784.07(2)(d)       1st      Aggravated battery on law

25                              enforcement officer.

26  784.074(1)(a)      1st      Aggravated battery on sexually

27                              violent predators facility staff.

28  784.08(2)(a)       1st      Aggravated battery on a person 65

29                              years of age or older.

30  784.081(1)         1st      Aggravated battery on specified

31                              official or employee.

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    Florida Senate - 2006                                  SB 2512
    26-1627-06                                              See HB




 1  784.082(1)         1st      Aggravated battery by detained

 2                              person on visitor or other

 3                              detainee.

 4  784.083(1)         1st      Aggravated battery on code

 5                              inspector.

 6  790.07(4)          1st      Specified weapons violation

 7                              subsequent to previous conviction

 8                              of s. 790.07(1) or (2).

 9  790.16(1)          1st      Discharge of a machine gun under

10                              specified circumstances.

11  790.165(2)         2nd      Manufacture, sell, possess, or

12                              deliver hoax bomb.

13  790.165(3)         2nd      Possessing, displaying, or

14                              threatening to use any hoax bomb

15                              while committing or attempting to

16                              commit a felony.

17  790.166(3)         2nd      Possessing, selling, using, or

18                              attempting to use a hoax weapon

19                              of mass destruction.

20  790.166(4)         2nd      Possessing, displaying, or

21                              threatening to use a hoax weapon

22                              of mass destruction while

23                              committing or attempting to

24                              commit a felony.

25  796.03             2nd      Procuring any person under 16

26                              years for prostitution.

27  800.04(5)(c)1.     2nd      Lewd or lascivious molestation;

28                              victim less than 12 years of age;

29                              offender less than 18 years.

30  

31  

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    Florida Senate - 2006                                  SB 2512
    26-1627-06                                              See HB




 1  800.04(5)(c)2.     2nd      Lewd or lascivious molestation;

 2                              victim 12 years of age or older

 3                              but less than 16 years; offender

 4                              18 years or older.

 5  806.01(2)          2nd      Maliciously damage structure by

 6                              fire or explosive.

 7  810.02(3)(a)       2nd      Burglary of occupied dwelling;

 8                              unarmed; no assault or battery.

 9  810.02(3)(b)       2nd      Burglary of unoccupied dwelling;

10                              unarmed; no assault or battery.

11  810.02(3)(d)       2nd      Burglary of occupied conveyance;

12                              unarmed; no assault or battery.

13  812.014(2)(a)1.    1st      Property stolen, valued at

14                              $100,000 or more; property stolen

15                              while causing other property

16                              damage; 1st degree grand theft.

17  812.014(2)(b)2.    2nd      Property stolen, cargo valued at

18                              less than $50,000, grand theft in

19                              2nd degree.

20  812.014(2)(b)3.    2nd      Property stolen, emergency

21                              medical equipment; 2nd degree

22                              grand theft.

23  812.0145(2)(a)     1st      Theft from person 65 years of age

24                              or older; $50,000 or more.

25  812.019(2)         1st      Stolen property; initiates,

26                              organizes, plans, etc., the theft

27                              of property and traffics in

28                              stolen property.

29  812.131(2)(a)      2nd      Robbery by sudden snatching.

30  812.133(2)(b)      1st      Carjacking; no firearm, deadly

31                              weapon, or other weapon.

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    Florida Senate - 2006                                  SB 2512
    26-1627-06                                              See HB




 1  817.234(8)(a)      2nd      Solicitation of motor vehicle

 2                              accident victims with intent to

 3                              defraud.

 4  817.234(9)         2nd      Organizing, planning, or

 5                              participating in an intentional

 6                              motor vehicle collision.

 7  817.234(11)(c)     1st      Insurance fraud; property value

 8                              $100,000 or more.

 9  817.2341(2)(b)&

10   (3)(b)            1st      Making false entries of material

11                              fact or false statements

12                              regarding property values

13                              relating to the solvency of an

14                              insuring entity which are a

15                              significant cause of the

16                              insolvency of that entity.

17  825.102(3)(b)      2nd      Neglecting an elderly person or

18                              disabled adult causing great

19                              bodily harm, disability, or

20                              disfigurement.

21  825.103(2)(b)      2nd      Exploiting an elderly person or

22                              disabled adult and property is

23                              valued at $20,000 or more, but

24                              less than $100,000.

25  827.03(3)(b)       2nd      Neglect of a child causing great

26                              bodily harm, disability, or

27                              disfigurement.

28  827.04(3)          3rd      Impregnation of a child under 16

29                              years of age by person 21 years

30                              of age or older.

31  

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    Florida Senate - 2006                                  SB 2512
    26-1627-06                                              See HB




 1  837.05(2)          3rd      Giving false information about

 2                              alleged capital felony to a law

 3                              enforcement officer.

 4  838.015            2nd      Bribery.

 5  838.016            2nd      Unlawful compensation or reward

 6                              for official behavior.

 7  838.021(3)(a)      2nd      Unlawful harm to a public

 8                              servant.

 9  838.22             2nd      Bid tampering.

10  847.0135(3)        3rd      Solicitation of a child, via a

11                              computer service, to commit an

12                              unlawful sex act.

13  872.06             2nd      Abuse of a dead human body.

14  893.13(1)(c)1.     1st      Sell, manufacture, or deliver

15                              cocaine (or other drug prohibited

16                              under s. 893.03(1)(a), (1)(b),

17                              (1)(d), (2)(a), (2)(b), or

18                              (2)(c)4.) within 1,000 feet of a

19                              child care facility, school, or

20                              state, county, or municipal park

21                              or publicly owned recreational

22                              facility or community center.

23  893.13(1)(e)1.     1st      Sell, manufacture, or deliver

24                              cocaine or other drug prohibited

25                              under s. 893.03(1)(a), (1)(b),

26                              (1)(d), (2)(a), (2)(b), or

27                              (2)(c)4., within 1,000 feet of

28                              property used for religious

29                              services or a specified business

30                              site.

31  

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    Florida Senate - 2006                                  SB 2512
    26-1627-06                                              See HB




 1  893.13(4)(a)       1st      Deliver to minor cocaine (or

 2                              other s. 893.03(1)(a), (1)(b),

 3                              (1)(d), (2)(a), (2)(b), or

 4                              (2)(c)4. drugs).

 5  893.135(1)(a)1.    1st      Trafficking in cannabis, more

 6                              than 25 lbs., less than 2,000

 7                              lbs.

 8  893.135

 9   (1)(b)1.a.        1st      Trafficking in cocaine, more than

10                              28 grams, less than 200 grams.

11  893.135

12   (1)(c)1.a.        1st      Trafficking in illegal drugs,

13                              more than 4 grams, less than 14

14                              grams.

15  893.135

16   (1)(d)1.          1st      Trafficking in phencyclidine,

17                              more than 28 grams, less than 200

18                              grams.

19  893.135(1)(e)1.    1st      Trafficking in methaqualone, more

20                              than 200 grams, less than 5

21                              kilograms.

22  893.135(1)(f)1.    1st      Trafficking in amphetamine, more

23                              than 14 grams, less than 28

24                              grams.

25  893.135

26   (1)(g)1.a.        1st      Trafficking in flunitrazepam, 4

27                              grams or more, less than 14

28                              grams.

29  

30  

31  

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    Florida Senate - 2006                                  SB 2512
    26-1627-06                                              See HB




 1  893.135

 2   (1)(h)1.a.        1st      Trafficking in

 3                              gamma-hydroxybutyric acid (GHB),

 4                              1 kilogram or more, less than 5

 5                              kilograms.

 6  893.135

 7   (1)(j)1.a.        1st      Trafficking in 1,4-Butanediol, 1

 8                              kilogram or more, less than 5

 9                              kilograms.

10  893.135

11   (1)(k)2.a.        1st      Trafficking in Phenethylamines,

12                              10 grams or more, less than 200

13                              grams.

14  896.101(5)(a)      3rd      Money laundering, financial

15                              transactions exceeding $300 but

16                              less than $20,000.

17  896.104(4)(a)1.    3rd      Structuring transactions to evade

18                              reporting or registration

19                              requirements, financial

20                              transactions exceeding $300 but

21                              less than $20,000.

22  943.0435(4)(c)     2nd      Sexual offender vacating

23                              permanent residence; failure to

24                              comply with reporting

25                              requirements.

26  943.0435(8)        2nd      Sexual offender; remains in state

27                              after indicating intent to leave;

28                              failure to comply with reporting

29                              requirements.

30  

31  

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    Florida Senate - 2006                                  SB 2512
    26-1627-06                                              See HB




 1  943.0435(9)(a)     3rd      Sexual offender; failure to

 2                              comply with reporting

 3                              requirements.  

 4  943.0435(9)(a)2.b. 3rd      Failure of a sexual offender to

 5                              carry or present driver's license

 6                              or identification card.

 7  943.0435(13)       3rd      Failure to report or providing

 8                              false information about a sexual

 9                              offender; harbor or conceal a

10                              sexual offender.

11  943.0435(14)       3rd      Sexual offender; failure to

12                              report and reregister; failure to

13                              respond to address verification.

14  944.607(9)         3rd      Sexual offender; failure to

15                              comply with reporting

16                              requirements.

17  944.607(10)(a)     3rd      Sexual offender; failure to

18                              submit to the taking of a

19                              digitized photograph.

20  944.607(12)        3rd      Failure to report or providing

21                              false information about a sexual

22                              offender; harbor or conceal a

23                              sexual offender.

24  944.607(13)        3rd      Sexual offender; failure to

25                              report and reregister; failure to

26                              respond to address verification.

27         Section 6.  Section 1012.465, Florida Statutes, is

28  amended to read:

29         1012.465  Background screening requirements for certain

30  noninstructional school district employees and contractors.--

31  

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    Florida Senate - 2006                                  SB 2512
    26-1627-06                                              See HB




 1         (1)  Noninstructional school district employees or

 2  contractual personnel who are permitted access on school

 3  grounds when students are present, who have direct contact

 4  with students or who have access to or control of school funds

 5  must meet level 2 screening requirements as described in s.

 6  1012.32. Contractual personnel shall include any vendor,

 7  individual, or entity under contract with the school board.

 8         (2)  Every 5 years following employment or entry into a

 9  contract in a capacity described in subsection (1), each

10  person who is so employed or under contract with the school

11  district must meet level 2 screening requirements as described

12  in s. 1012.32, at which time the school district shall request

13  the Department of Law Enforcement to forward the fingerprints

14  to the Federal Bureau of Investigation for the level 2

15  screening. If, for any reason following employment or entry

16  into a contract in a capacity described in subsection (1), the

17  fingerprints of a person who is so employed or under contract

18  with the school district are not retained by the Department of

19  Law Enforcement under s. 1012.32(3)(a) and (b), the person

20  must file a complete set of fingerprints with the district

21  school superintendent of the employing or contracting school

22  district. Upon submission of fingerprints for this purpose,

23  the school district shall request the Department of Law

24  Enforcement to forward the fingerprints to the Federal Bureau

25  of Investigation for the level 2 screening, and the

26  fingerprints shall be retained by the Department of Law

27  Enforcement under s. 1012.32(3)(a) and (b). The cost of the

28  state and federal criminal history check required by level 2

29  screening may be borne by the district school board, the

30  contractor, or the person fingerprinted. Under penalty of

31  perjury, each person who is employed or under contract in a

                                  19

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    Florida Senate - 2006                                  SB 2512
    26-1627-06                                              See HB




 1  capacity described in  subsection (1) must agree to inform his

 2  or her employer or the party with whom he or she is under

 3  contract within 48 hours if convicted of any disqualifying

 4  offense while he or she is employed or under contract in that

 5  capacity.

 6         (3)  If it is found that a person who is employed or

 7  under contract in a capacity described in subsection (1) does

 8  not meet the level 2 requirements, the person shall be

 9  immediately suspended from working in that capacity and shall

10  remain suspended until final resolution of any appeals.

11         Section 7.  Contractual personnel; sexual predator and

12  offender exclusion.--

13         (1)  As used in this section, the term:

14         (a)  "Contractual personnel" includes the personnel of

15  any vendor, individual, or entity under contract with the

16  school board who are not instructional personnel, as defined

17  in s. 1012.01, Florida Statutes, and who are not subject to

18  background checks under s. 1012.465, Florida Statutes.

19         (b)  "School grounds" means the buildings of any public

20  prekindergarten, kindergarten, elementary school, middle

21  school, junior high school, or secondary school and the real

22  property on which the buildings are located. The term "school

23  grounds" does not include any other facilities or locations

24  where school classes or activities may be located or take

25  place.

26         (2)(a)  Contractual personnel who are permitted access

27  on school grounds during instructional hours must comply with

28  the following requirements:

29         1.  Contractual personnel who are designated as sexual

30  predators under s. 775.21, Florida Statutes, or subject to

31  registration as sexual offenders under s. 943.0435, Florida

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    Florida Senate - 2006                                  SB 2512
    26-1627-06                                              See HB




 1  Statutes, shall not be on school grounds during instructional

 2  hours.

 3         2.  Each one of the contractual personnel who has been

 4  issued a Florida driver's license or identification card

 5  shall:

 6         a.  Show the card to a school district employee prior

 7  to commencing work. The employee shall examine it to confirm

 8  that it does not have the markings required by s. 322.141,

 9  Florida Statutes, that would indicate that the person is a

10  sexual predator under s. 775.21, Florida Statutes, or subject

11  to registration as a sexual offender under s. 943.0435,

12  Florida Statutes.

13         b.  Possess the card at all times while working on

14  school grounds and shall show it to any school district

15  employee upon request.

16         3.  Contractual personnel who have not been issued or

17  do not have in their possession a Florida driver's license or

18  identification card shall be under the immediate supervision

19  of a school district employee at all times while on school

20  grounds.

21         (b)1.  A contractor whose personnel are subject to this

22  section may exempt its personnel from the requirements of

23  sub-subparagraph (a)2.a. by providing the school district with

24  an affidavit under oath certifying that the contractor has

25  examined the Florida driver's license or identification card

26  of each employee who possesses one and that only employees who

27  have been so examined and who comply with subparagraph (a)1.

28  will be working on school grounds during instructional hours.

29  Such an affidavit shall be valid for no longer than the period

30  covered by the contractor's contract with the school district

31  or 1 year, whichever is shorter.

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    Florida Senate - 2006                                  SB 2512
    26-1627-06                                              See HB




 1         2.  In addition to any other penalties, a contractor

 2  who violates this paragraph and who holds a professional

 3  license subject to either chapter 455, Florida Statutes, or

 4  chapter 456, Florida Statutes, commits a violation of s.

 5  455.227(1)(a), Florida Statutes, or s. 456.072(1)(a), Florida

 6  Statutes, respectively.

 7         (c)  Each person employed by or under contract with a

 8  contractor subject to this section must agree to inform his or

 9  her employer or the party with whom he or she is under

10  contract within 48 hours if charged, while he or she is

11  employed or under contract in that capacity, with an offense

12  for which a conviction could lead to the person being

13  designated as a sexual predator under s. 775.21, Florida

14  Statutes, or subject to registration as a sexual offender

15  under s. 943.0435, Florida Statutes.

16         (3)  This section does not apply to law enforcement

17  officers, as defined in s. 943.10, Florida Statutes, assigned

18  by their employing agencies to work on school grounds as part

19  of their official duties.

20         Section 8.  This act shall take effect July 1, 2006.

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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