The Florida Statute
Florida Statute 1012.467
23 July 2007
The legislature has created Florida Statute 1012.467, which effectively relaxes the background screening requirements for noninstructional contractors who are permitted access to school grounds when students are present.
Under the new law, noninstructional contractors who are under the direct supervision of a school district employee or a contractor who has had a criminal history check and met all criminal background screening requirements are exempt from the screening requirements of Florida Statute 1012.465. All current School Board policies that are in conflict with the new statute, including 6Gx53-3.001, section V, should be considered to be held in abeyance until such time as new, conforming policies are developed, but only to the extent of the conflict. In particular, School Board Policy 6Gx53-3.001, Section V, should be read to exclude noninstructional contractors from its background screening requirements. Unless and until a new School Board Policy is developed to address the screening of noninstructional contractors, such individuals should be screened only in accordance with the provisions of the new law.
Since the new law impacts only noninstructional contractors, it does not affect employees or instructional contractors. Nor does it exempt anyone from screening against the registration information regarding sexual predators and sexual offenders maintained by the Florida Department of Law Enforcement and the national sex offender public registry maintained by the United States Department of Justice. Noninstructional contractors identified as sexual predators or sexual offenders may not be permitted on school grounds when students are present. Period.
Law enforcement officers who are assigned or dispatched to schools by their employers are exempt, as are EMTs and ambulance providers and contractors providing pick-up and delivery services involving only brief visits on school grounds when students are present.
Noninstructional contractors who work at a site where students are not permitted are exempt if the site is separated from the remainder of the school grounds by a single chain-link fence of six feet in height. Care must be taken to ensure that the fence is a single chain-link fence; some contractors use segmented fencing that may not qualify.
The new law also clearly defines what is meant by “school grounds,” limiting this term to buildings and grounds of public prekindergarten, kindergarten, elementary school, middle school, junior high school, high school, or secondary school, or any combination of grades prekindergarten through grade 12, together with the school district land on which the buildings are located. Notably, the definition specifically excludes such buildings and grounds when students are not permitted access or at when used exclusively as a career or technical center for postsecondary or adult education.
Staff have been diligent in their efforts to comply with state law and School Board Policy since the adoption of the Jessica Lundsford Act in 2004. While F.S. 1012.467 applies only to contractors and does not answer all questions or relieve all burdens related to employees, it certainly is a step in the right direction that will allow student safety and security to remain paramount, while facilitating the daily logistical business of the district.
Jessica Lunsford Act
Disqualifying Crimes List
435.04. Level 2 screening standards
(1) All employees in positions designated by law as positions of trust or responsibility shall be required to undergo security background investigations as a condition of employment and continued employment. For the purposes of this subsection, security background investigations shall include, but not be limited to, fingerprinting for all purposes and checks in this subsection, statewide criminal and juvenile records checks
through the Florida Department of Law Enforcement, and federal criminal records checks through the Federal Bureau of Investigation, and may include local criminal records checks through local law enforcement agencies.
(2) The security background investigations under this section must ensure that no persons subject to the provisions of this section have been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to, any offense prohibited under any of the following provisions of the Florida Statutes or under any similar statute of another jurisdiction:
- Any offense listed in s. 943.0435 (1) (a) 1, relating to the registration of the individual as a sexual offender.
- Section 393.135, relating to sexual misconduct with certain developmentally disabled clients and the reporting of such sexual misconduct.
- Section 394.4593, relating to sexual misconduct with certain mental health patients and the reporting of such sexual misconduct.
- Section 775.30, relating to terrorism.
- Section 782.04, relating to murder.
- Section 787.01, relating to kidnapping.
- Any offense under chapter 800, relating to lewdness and indecent exposure.
- Section 826.04, relating to incest.
- Section 827.03, relating to child abuse, aggravated child abuse, or neglect of a child.
Fee Information and Requirements
Effective January 1, 2019
To all non-instructional contractors who are permitted access to Polk County School Board (PCSB) grounds:
The fees for processing fingerprints and identification badges for all noninstructional contractors, who will access any Polk County School Board properties, are reflected below:
- Non-Instructional Contractor Fingerprinting and ID Badge, includes 5-year retention fee: $89.85
- Replacement of PCSB Non-Instructional Contractor ID Badge: $10.00
Cost of the badge is to be borne by the Non-Instructional Contractor.
Identification badge must be visible at all times when on PCSB properties.
Location and Hours of Operation:
Polk County School District
1915 South Floral Avenue
Main Entrance/Building “A”
Bartow, FL 33830
8:00 a.m. – 5:00 p.m. BY APPOINTMENT ONLY
Payment: Money Order or Cashier’s Check Accepted
Call for an Appointment: (863) 534-0414, (863) 534-0781
Florida Shared Schools Results Form
Effective September 1, 2005, in accordance with the Jessica Lunsford Act, Section 1012.465, Florida Statutes now states, in part, that “… contractual personnel who are permitted access on schools grounds when students are present, who have direct contact with students, or who have access to or control of school funds must meet Level 2 screening requirements as described in s. 1012.32, F.S. …”
To assist contractors / vendors who have concurrent contracts in multiple school districts, the Florida Shared School Results (FSSR) system was made available. The FSSR system allows contractor/vendors who have been fingerprinted in a school district to have their criminal history results shared with other school districts in Florida. Results are available on the FSSR system for a period of five years from the date that the school district who originally collected the fingerprints submitted them to the FDLE.