Senate Bill sb0106c2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for CS for SB 106
By the Committees on Criminal Justice; Children, Families, and
Elder Affairs; and Senator Hill
591-2510-07
1 A bill to be entitled
2 An act relating to child care facilities;
3 amending s. 402.305, F.S.; requiring electronic
4 submission of fingerprints of child care
5 personnel and retention of fingerprints by the
6 Department of Law Enforcement; requiring that
7 fingerprints retained be searched against
8 arrest records; requiring that records
9 identified with the retained fingerprints be
10 reported to the Department of Children and
11 Family Services; providing for fees; requiring
12 an invoice for fees; providing rulemaking
13 authority; requiring certain persons to be
14 refingerprinted; requiring level 2 screening of
15 each person who is employed in a child care
16 facility every 5 years; providing an effective
17 date.
18
19 Be It Enacted by the Legislature of the State of Florida:
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21 Section 1. Paragraph (a) of subsection (2) of section
22 402.305, Florida Statutes, is amended to read:
23 402.305 Licensing standards; child care facilities.--
24 (2) PERSONNEL.--Minimum standards for child care
25 personnel shall include minimum requirements as to:
26 (a) Good moral character based upon screening. This
27 screening shall be conducted as provided in chapter 435, using
28 the level 2 standards for screening set forth in that chapter.
29 1. Beginning July 1, 2008, all fingerprints submitted
30 to the Department of Law Enforcement as required by this
31 subsection shall be submitted electronically and shall be
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Florida Senate - 2007 CS for CS for SB 106
591-2510-07
1 retained by the Department of Law Enforcement in a manner
2 provided by rule and entered in the statewide automated
3 fingerprint identification system authorized by s.
4 943.05(2)(b). Such fingerprints shall thereafter be available
5 for all purposes and uses authorized for arrest fingerprint
6 cards entered in the statewide automated fingerprint
7 identification system pursuant to s. 943.051.
8 2. Beginning July 1, 2008, the Department of Law
9 Enforcement shall search all arrest fingerprint cards received
10 under s. 943.051 against the fingerprints retained in the
11 statewide automated fingerprint identification system under
12 subparagraph 1. Any arrest record that is identified with the
13 retained fingerprints of a person subject to the background
14 screening under this section shall be reported to the
15 department. The department shall participate in this search
16 process by paying an annual fee to the Department of Law
17 Enforcement and informing the Department of Law Enforcement of
18 any personnel whose fingerprints are retained under
19 subparagraph 1. who are no longer employed by a facility
20 regulated by the department. The Department of Law Enforcement
21 shall adopt a rule setting the amount of the annual fee to be
22 imposed upon the department for performing these searches and
23 establishing the procedures for the retention of fingerprints
24 and the dissemination of search results. The Department of Law
25 Enforcement shall provide an invoice to the department for
26 fingerprints retained. The fee may be borne by the department,
27 the facility or home provider, or the person fingerprinted.
28 3. Beginning July 1, 2008, personnel whose
29 fingerprints are not retained by the Department of Law
30 Enforcement under subparagraphs 1. and 2. shall be
31 refingerprinted and must meet level 2 screening requirements
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for CS for SB 106
591-2510-07
1 as described in this section upon reemployment or reengagement
2 to provide services in order to comply with the requirements
3 of this subsection.
4 4. No later than December 1, 2009, any personnel whose
5 fingerprints are not retained by the Department of Law
6 Enforcement under subparagraphs 1. and 2. shall be
7 refingerprinted and must meet level 2 screening requirements
8 as described in this section.
9 5. Every 5 years each person who is employed in a
10 child care facility must meet level 2 screening requirements
11 as described in s. 435.04. The department shall request the
12 Department of Law Enforcement to forward the fingerprints to
13 the Federal Bureau of Investigation for the level 2 screening.
14 6. The cost of the state and federal criminal history
15 check required by level 2 screening may be borne by the
16 facility or home provider or the person fingerprinted. The
17 Department of Law Enforcement shall provide an invoice to the
18 department for fingerprints submitted.
19 Section 2. This act shall take effect July 1, 2007.
20
21 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
22 CS/SB 106
23
24 - The bill is amended to provide for FDLE invoicing the
Department of Children and Families for the services
25 provided by the bill.
26 - It is further amended to clarify that the "home provider"
may bear the expense of the background check and other
27 services provided by FDLE under the provisions of the
bill, in addition to the facility, the department, and
28 the person being fingerprinted.
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CODING: Words stricken are deletions; words underlined are additions.