| 1 | A bill to be entitled |
| 2 | An act relating to sexual predators and offenders; |
| 3 | amending s. 322.141, F.S.; requiring distinctive markings |
| 4 | for driver's licenses and identification cards issued to |
| 5 | persons who are designated as sexual predators or subject |
| 6 | to registration as sexual offenders; amending s. 322.212, |
| 7 | F.S.; prohibiting the alteration of sexual predator or |
| 8 | sexual offender markings on driver's licenses or |
| 9 | identification cards, for which there are criminal |
| 10 | penalties; amending s. 775.21, F.S.; requiring sexual |
| 11 | predators to obtain a distinctive driver's license or |
| 12 | identification card; amending s. 943.0435, F.S.; requiring |
| 13 | sexual offenders to obtain a distinctive driver's license |
| 14 | or identification card; amending s. 944.607, F.S.; |
| 15 | requiring specified offenders who are under the |
| 16 | supervision of the Department of Corrections but are not |
| 17 | incarcerated to obtain a distinctive driver's license or |
| 18 | identification card; amending s. 1012.465, F.S.; revising |
| 19 | provisions relating to background screenings of certain |
| 20 | noninstructional school district employees and other |
| 21 | specified individuals; creating s. 1012.4561, F.S.; |
| 22 | providing definitions; prohibiting authorized individuals |
| 23 | who are designated as sexual predators, subject to |
| 24 | registration as a sexual offenders, or who appear on the |
| 25 | National Sex Offender Public Registry from being present |
| 26 | on school grounds; providing criminal penalties; requiring |
| 27 | authorized individuals working on school grounds to be |
| 28 | subject to a check of Florida driver's licenses or |
| 29 | identification cards for the purposes of ascertaining |
| 30 | their sexual offender and sexual predator status and |
| 31 | checked against the National Sex Offender Public Registry; |
| 32 | providing duties for certain authorized individuals; |
| 33 | providing penalties; allowing school superintendents on a |
| 34 | case-by-case basis to require certain individuals to |
| 35 | undergo a fingerprint-based background screening to meet |
| 36 | specified standards; providing for submission of |
| 37 | fingerprints; providing for fees; requiring creation of an |
| 38 | electronic system for sharing screening results among |
| 39 | school districts; providing for storage, use, and purging |
| 40 | of fingerprints submitted for background checks; providing |
| 41 | rulemaking authority to the Department of Law Enforcement; |
| 42 | requiring certain individuals to report certain offenses; |
| 43 | providing penalties; providing exceptions; providing that |
| 44 | no provision of the section shall give rise to private |
| 45 | civil liability or create a private cause of action for |
| 46 | monetary damages; providing rulemaking authority to school |
| 47 | boards; providing effective dates. |
| 48 |
|
| 49 | Be It Enacted by the Legislature of the State of Florida: |
| 50 |
|
| 51 | Section 1. Effective August 1, 2006, subsection (3) is |
| 52 | added to section 322.141, Florida Statutes, to read: |
| 53 | 322.141 Color or markings of certain licenses or |
| 54 | identification cards.-- |
| 55 | (3) All licenses for the operation of motor vehicles or |
| 56 | identification cards originally issued or reissued by the |
| 57 | department to persons who are designated as sexual predators |
| 58 | under s. 775.21 or subject to registration as sexual offenders |
| 59 | under s. 943.0435 shall have on the front of the license or |
| 60 | identification card the following: |
| 61 | (a) For a person designated as a sexual predator under s. |
| 62 | 775.21, the marking "775.21, F.S." |
| 63 | (b) For a person subject to registration as a sexual |
| 64 | offender under s. 943.0435, the marking "943.0435, F.S." |
| 65 | Section 2. Effective August 15, 2006, paragraph (c) is |
| 66 | added to subsection (5) of section 322.212, Florida Statutes, to |
| 67 | read: |
| 68 | 322.212 Unauthorized possession of, and other unlawful |
| 69 | acts in relation to, driver's license or identification card.-- |
| 70 | (5) |
| 71 | (c) It is unlawful for any person to have in his or her |
| 72 | possession a driver's license or identification card upon which |
| 73 | the sexual predator or sexual offender markings required by s. |
| 74 | 322.141 are not displayed or have been altered. |
| 75 | Section 3. Paragraph (f) of subsection (6) of section |
| 76 | 775.21, Florida Statutes, is amended to read: |
| 77 | 775.21 The Florida Sexual Predators Act.-- |
| 78 | (6) REGISTRATION.-- |
| 79 | (f) Within 48 hours after the registration required under |
| 80 | paragraph (a) or paragraph (e), a sexual predator who is not |
| 81 | incarcerated and who resides in the community, including a |
| 82 | sexual predator under the supervision of the Department of |
| 83 | Corrections, shall register in person at a driver's license |
| 84 | office of the Department of Highway Safety and Motor Vehicles |
| 85 | and shall present proof of registration. At the driver's license |
| 86 | office the sexual predator shall: |
| 87 | 1. If otherwise qualified, secure a Florida driver's |
| 88 | license, renew a Florida driver's license, or secure an |
| 89 | identification card. The sexual predator shall identify himself |
| 90 | or herself as a sexual predator who is required to comply with |
| 91 | this section, provide his or her place of permanent or temporary |
| 92 | residence, including a rural route address and a post office |
| 93 | box, and submit to the taking of a photograph for use in issuing |
| 94 | a driver's license, renewed license, or identification card, and |
| 95 | for use by the department in maintaining current records of |
| 96 | sexual predators. A post office box shall not be provided in |
| 97 | lieu of a physical residential address. If the sexual predator's |
| 98 | place of residence is a motor vehicle, trailer, mobile home, or |
| 99 | manufactured home, as defined in chapter 320, the sexual |
| 100 | predator shall also provide to the Department of Highway Safety |
| 101 | and Motor Vehicles the vehicle identification number; the |
| 102 | license tag number; the registration number; and a description, |
| 103 | including color scheme, of the motor vehicle, trailer, mobile |
| 104 | home, or manufactured home. If a sexual predator's place of |
| 105 | residence is a vessel, live-aboard vessel, or houseboat, as |
| 106 | defined in chapter 327, the sexual predator shall also provide |
| 107 | to the Department of Highway Safety and Motor Vehicles the hull |
| 108 | identification number; the manufacturer's serial number; the |
| 109 | name of the vessel, live-aboard vessel, or houseboat; the |
| 110 | registration number; and a description, including color scheme, |
| 111 | of the vessel, live-aboard vessel, or houseboat. |
| 112 | 2. Pay the costs assessed by the Department of Highway |
| 113 | Safety and Motor Vehicles for issuing or renewing a driver's |
| 114 | license or identification card as required by this section. The |
| 115 | driver's license or identification card issued shall comply with |
| 116 | s. 322.141(3). |
| 117 | 3. Provide, upon request, any additional information |
| 118 | necessary to confirm the identity of the sexual predator, |
| 119 | including a set of fingerprints. |
| 120 |
|
| 121 | The sheriff shall promptly provide to the department the |
| 122 | information received from the sexual predator. |
| 123 | Section 4. Subsection (3) of section 943.0435, Florida |
| 124 | Statutes, is amended to read: |
| 125 | 943.0435 Sexual offenders required to register with the |
| 126 | department; penalty.-- |
| 127 | (3) Within 48 hours after the report required under |
| 128 | subsection (2), a sexual offender shall report in person at a |
| 129 | driver's license office of the Department of Highway Safety and |
| 130 | Motor Vehicles, unless a driver's license or identification card |
| 131 | that complies with the requirements of s. 322.141(3) was |
| 132 | previously secured or updated under s. 944.607. At the driver's |
| 133 | license office the sexual offender shall: |
| 134 | (a) If otherwise qualified, secure a Florida driver's |
| 135 | license, renew a Florida driver's license, or secure an |
| 136 | identification card. The sexual offender shall identify himself |
| 137 | or herself as a sexual offender who is required to comply with |
| 138 | this section and shall provide proof that the sexual offender |
| 139 | reported as required in subsection (2). The sexual offender |
| 140 | shall provide any of the information specified in subsection |
| 141 | (2), if requested. The sexual offender shall submit to the |
| 142 | taking of a photograph for use in issuing a driver's license, |
| 143 | renewed license, or identification card, and for use by the |
| 144 | department in maintaining current records of sexual offenders. |
| 145 | (b) Pay the costs assessed by the Department of Highway |
| 146 | Safety and Motor Vehicles for issuing or renewing a driver's |
| 147 | license or identification card as required by this section. The |
| 148 | driver's license or identification card issued shall comply with |
| 149 | s. 322.141(3). |
| 150 | (c) Provide, upon request, any additional information |
| 151 | necessary to confirm the identity of the sexual offender, |
| 152 | including a set of fingerprints. |
| 153 | Section 5. Subsection (9) of section 944.607, Florida |
| 154 | Statutes, is amended to read: |
| 155 | 944.607 Notification to Department of Law Enforcement of |
| 156 | information on sexual offenders.-- |
| 157 | (9) A sexual offender, as described in this section, who |
| 158 | is under the supervision of the Department of Corrections but |
| 159 | who is not incarcerated shall, in addition to the registration |
| 160 | requirements provided in subsection (4), register and obtain a |
| 161 | distinctive driver's license or identification card in the |
| 162 | manner provided in s. 943.0435(3), (4), and (5), unless the |
| 163 | sexual offender is a sexual predator, in which case he or she |
| 164 | shall register and obtain a distinctive driver's license or |
| 165 | identification card as required under s. 775.21. A sexual |
| 166 | offender who fails to comply with the requirements of s. |
| 167 | 943.0435 is subject to the penalties provided in s. 943.0435(9). |
| 168 | Section 6. Subsection (1) of section 1012.465, Florida |
| 169 | Statutes, is amended to read: |
| 170 | 1012.465 Background screening requirements for certain |
| 171 | noninstructional school district employees and other specified |
| 172 | individuals contractors.-- |
| 173 | (1) The following individuals Noninstructional school |
| 174 | district employees or contractual personnel who are permitted |
| 175 | access on school grounds when students are present, who have |
| 176 | direct contact with students or who have access to or control of |
| 177 | school funds must meet level 2 screening requirements as |
| 178 | described in s. 1012.32:. |
| 179 | (a) Noninstructional school district employees who have |
| 180 | direct contact with students. |
| 181 | (b) Other individuals who are specifically authorized by |
| 182 | the school district to perform services for compensation that |
| 183 | involve direct contact with students. |
| 184 | (c) Noninstructional school district personnel who have |
| 185 | access to or control of school funds. |
| 186 | (d) Any other individuals who, for compensation, are |
| 187 | authorized to have access to or control of school funds. |
| 188 | Contractual personnel shall include any vendor, individual, or |
| 189 | entity under contract with the school board. |
| 190 | Section 7. Section 1012.4561, Florida Statutes, is created |
| 191 | to read: |
| 192 | 1012.4561 Individuals permitted access to school grounds |
| 193 | for business or employment purposes when students are present; |
| 194 | exclusions.-- |
| 195 | (1) As used in this section, the term: |
| 196 | (a) "Authorized individual" means any individual who is |
| 197 | authorized to have access to school grounds for business or |
| 198 | employment purposes when students are present, other than a |
| 199 | school district employee or any other individual referred to in |
| 200 | s. 1012.465(1). |
| 201 | (b) "Contractor" means a person or an entity, regardless |
| 202 | of form, that is engaged by the school district to provide goods |
| 203 | or services and that, in furtherance of such engagement, employs |
| 204 | authorized individuals or subcontracts with others who employ |
| 205 | authorized individuals. The term "contractor" also includes an |
| 206 | authorized individual who is directly engaged by the school |
| 207 | district to provide goods or services. |
| 208 | (c) "School grounds" means the buildings and grounds of |
| 209 | any public prekindergarten, kindergarten, elementary school, |
| 210 | middle school, junior high school, high school, or secondary |
| 211 | school, together with the school district land on which the |
| 212 | buildings are located. The term "school grounds" does not |
| 213 | include: |
| 214 | 1. Any other facility or location where school classes or |
| 215 | activities may be located or take place; |
| 216 | 2. The buildings and grounds of any public |
| 217 | prekindergarten, kindergarten, elementary school, middle school, |
| 218 | junior high school, high school, or secondary school or |
| 219 | contiguous school district land during any time period in which |
| 220 | students are not permitted access; or |
| 221 | 3. Any building described in this paragraph during any |
| 222 | period in which it is used solely as a career or technical |
| 223 | center under part IV of chapter 1004. |
| 224 | (2) An authorized individual who is designated as a sexual |
| 225 | predator under s. 775.21, who is subject to registration as a |
| 226 | sexual offender under s. 943.0435, or who appears on the |
| 227 | National Sex Offender Public Registry maintained by the United |
| 228 | States Department of Justice shall not be entitled to be present |
| 229 | on school grounds. An authorized individual who is present on |
| 230 | school grounds in violation of this subsection commits a |
| 231 | misdemeanor of the first degree, punishable as provided in s. |
| 232 | 775.082 or s. 775.083. |
| 233 | (3)(a) Before allowing an authorized individual to have |
| 234 | access to school grounds, a contractor must provide the school |
| 235 | district with certification that the contractor has: |
| 236 | 1. For an individual who holds a Florida driver's license |
| 237 | or identification card, examined the individual's driver's |
| 238 | license or identification card and confirmed that the driver's |
| 239 | license or identification card does not have the markings |
| 240 | required by s. 322.141, indicating that the person is a sexual |
| 241 | predator or subject to registration as a sexual offender. |
| 242 | 2. Checked the individual against the National Sex |
| 243 | Offender Public Registry and confirmed that nothing in the |
| 244 | registry requires that the individual be denied access to school |
| 245 | grounds. |
| 246 |
|
| 247 | The contractor shall make its records supporting the |
| 248 | certification available for inspection at the request of the |
| 249 | school district. |
| 250 | (b)1. Each authorized individual who has been issued a |
| 251 | Florida driver's license or identification card shall possess |
| 252 | the card at all times while working on school grounds and shall |
| 253 | show it to any school district employee upon request. |
| 254 | 2. Each authorized individual who has not been issued or |
| 255 | does not have in his or her possession a Florida driver's |
| 256 | license or identification card shall submit to a check against |
| 257 | the National Sex Offender Public Registry upon request of any |
| 258 | school district employee to confirm that nothing in that |
| 259 | registry requires that the individual be denied access to school |
| 260 | grounds. |
| 261 | (c) Any person who knowingly and willfully violates this |
| 262 | subsection and who holds a professional license under chapter |
| 263 | 455 commits an act constituting grounds for discipline as |
| 264 | described in s. 455.227(1)(a). Any person who knowingly and |
| 265 | willfully violates this subsection and who holds a professional |
| 266 | license under chapter 456 commits an act constituting grounds |
| 267 | for discipline as described in s. 456.072(1)(a). |
| 268 | (d) Each authorized individual must inform his or her |
| 269 | employer or the party with whom he or she is under contract |
| 270 | within 48 hours if charged, while he or she is employed or under |
| 271 | contract in that capacity, with an offense for which a |
| 272 | conviction could lead to the person being designated as a sexual |
| 273 | predator under s. 775.21 or subject to registration as a sexual |
| 274 | offender under s. 943.0435. A person who willfully fails to |
| 275 | comply with this paragraph commits a felony of the third degree, |
| 276 | punishable as provided in s. 775.082, s. 775.083, or s. 775.084. |
| 277 | (4) On a case-by-case basis, a superintendent may require |
| 278 | any authorized individual to undergo a fingerprint-based |
| 279 | background screening and meet level 2 screening requirements as |
| 280 | described in s. 1012.32. A recheck of such authorized individual |
| 281 | shall be performed at least once every 3 years. |
| 282 | (a) For the initial check of each individual subject to |
| 283 | the background criminal history check requirements in this |
| 284 | subsection, the individual shall file a complete set of |
| 285 | fingerprints. Fingerprints shall be submitted to the Department |
| 286 | of Law Enforcement for state processing and to the Federal |
| 287 | Bureau of Investigation for federal processing. |
| 288 | (b) The results of each fingerprint-based background |
| 289 | screening shall be reported to the requesting district. |
| 290 | (c) The cost of the initial check of state and federal |
| 291 | criminal history and a recheck every 3 years may be borne by the |
| 292 | district school board, the individual fingerprinted, or the |
| 293 | individual's employer. Any fee for the initial check of state |
| 294 | and federal criminal history and a recheck every 3 years per |
| 295 | person fingerprinted charged by a district school board may not |
| 296 | exceed the sum of fees charged by the Department of Law |
| 297 | Enforcement, the Federal Bureau of Investigation, and the |
| 298 | Department of Education, plus an additional administrative fee |
| 299 | specified by the school board, which shall not exceed 25 percent |
| 300 | of the sum of the other fees specified in this paragraph. |
| 301 | (d) For any required checks during the 3-year period |
| 302 | subsequent to the initial check or the 3-year period subsequent |
| 303 | to a recheck, the individual shall inform the district school |
| 304 | board requiring the check that he or she has already completed a |
| 305 | current records check and that district shall, without charge to |
| 306 | the individual, check the individual's history using the shared |
| 307 | system provided in subsection (5). |
| 308 | (e) An authorized individual who is subject to the case- |
| 309 | by-case screening provisions of this subsection must inform the |
| 310 | contractor and the school district within 48 hours if he or she |
| 311 | is charged with any offense that would require him or her to be |
| 312 | barred from school grounds under subsection (2). A person who |
| 313 | willfully fails to comply with this paragraph commits a felony |
| 314 | of the third degree, punishable as provided in s. 775.082, s. |
| 315 | 775.083, or s. 775.084. |
| 316 | (5)(a) The Department of Law Enforcement shall implement a |
| 317 | system that allows for criminal history record information |
| 318 | provided to a school district to be shared with other school |
| 319 | districts through a secure website or other electronic means. |
| 320 | (b) As authorized by law, the Department of Law |
| 321 | Enforcement shall retain the fingerprints submitted by the |
| 322 | school districts pursuant to this subsection to the Department |
| 323 | of Law Enforcement for a criminal history background screening |
| 324 | in a manner provided by rule and enter the fingerprints in the |
| 325 | statewide automated fingerprint identification system authorized |
| 326 | by s. 943.05(2)(b). The fingerprints shall thereafter be |
| 327 | available for all purposes and uses authorized for arrest |
| 328 | fingerprint cards entered into the statewide automated |
| 329 | fingerprint identification system under s. 943.051. |
| 330 | (c) As authorized by law, the Department of Law |
| 331 | Enforcement shall search all arrest fingerprint cards received |
| 332 | under s. 943.051 against the fingerprints retained in the |
| 333 | statewide automated fingerprint identification system under |
| 334 | paragraph (b). |
| 335 | (d) School districts may participate in the search process |
| 336 | described in this subsection by payment of an annual fee to the |
| 337 | Department of Law Enforcement. |
| 338 | (e) A fingerprint retained pursuant to this subsection |
| 339 | shall be purged from the automated fingerprint identification |
| 340 | system 3 years from the date the fingerprint was initially |
| 341 | submitted. The Department of Law Enforcement shall set the |
| 342 | amount of the annual fee to be imposed upon each participating |
| 343 | agency for performing these searches and establishing the |
| 344 | procedures for the retention of fingerprints and the |
| 345 | dissemination of search results. The fee may be borne as |
| 346 | provided by law. Fees may be waived or reduced by the executive |
| 347 | director of the Department of Law Enforcement for good cause |
| 348 | shown. |
| 349 | (f) The Department of Law Enforcement may adopt rules |
| 350 | under ss. 120.536(1) and 120.54 to implement the provisions of |
| 351 | this subsection. |
| 352 | (6) This section does not apply to law enforcement |
| 353 | officers, as defined in s. 943.10, assigned by their employing |
| 354 | agencies to work on school grounds as part of their official |
| 355 | duties or first responder personnel responding to a request for |
| 356 | assistance. For purposes of this subsection, the term "first |
| 357 | responder personnel" includes law enforcement officers, as |
| 358 | defined in s. 943.10, emergency medical technicians, paramedics, |
| 359 | and firefighters. |
| 360 | (7) No provision of this section shall give rise to any |
| 361 | private civil liability, nor shall this section be construed to |
| 362 | create a private cause of action for monetary damages. |
| 363 | (8) A school board may adopt rules under ss. 120.536(1) |
| 364 | and 120.54 to implement the provisions of this section. |
| 365 | Section 8. Except as otherwise expressly provided in this |
| 366 | act, this act shall take effect July 1, 2006. |