Who is required to be fingerprinted (screened)?
The law requires for the first time that certain “contractual personnel” must meet Level 2 screening requirements as described in § 1012.32, Florida Statutes. “Contractual personnel” includes any vendor, individual or entity under contract with the school board. If an entity does business with the school board, then its employees and agents, including sub-contractual personnel, must meet the Level 2 background screening requirements if they
- are permitted access on school grounds when students are present or
- have direct contact with students or
- have access to or control of school funds
If you have no personnel who meet any of these criteria, the law does not apply to you, and you do not need to do anything. However, if you or other personnel from your business meet any of the three criteria above, you will need to ensure that those personnel are fingerprinted and screened.
Others who must be screened include Charter school personnel and contractors with charter schools and sports officials.
What is Level 2 screening?
The law requires a Level 2 screening. Level 2 means that the person is fingerprinted, followed by a statewide criminal and juvenile justice records check through the Florida Department of Law Enforcement (FDLE), and federal criminal records check through the Federal Bureau of Investigation. Level 2 screening may also include local criminal records checks through local law enforcement agencies.
The person “must meet Level 2 screening requirements as described in s. 1012.32 [Florida Statutes].” That section states that “persons subject to this subsection found through fingerprint processing to have been convicted of a crime involving moral turpitude shall not be employed, engaged to provide services, or serve in any position requiring direct contact with students.”
What is “Conviction” of a crime?
For purposes of complying with this law, conviction means that the person has been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to the crime involving moral turpitude. Persons who have a pending (open) criminal case that may involve moral turpitude will be considered on a case-by-case basis.
What is Moral Turpitude?
“Moral turpitude is a crime that is evidenced by an act of baseness, vileness or depravity in the private and social duties which, according to the accepted standards of the time a man owes to his or her fellow man or to society in general, and the doing of the act itself and not its prohibition by statute fixes the moral turpitude.” State Board of Education Rule 6B-4.009(6), F.A.C.
For example, the following crimes are considered to involve moral turpitude:
- Felony crimes of violence
- Felony sale of controlled substances
- Felony sexual-related crimes
- Lewd and lascivious crimes
- Indecent exposure
- Felony child abuse crimes
Please Note: This list is intended only to provide examples; it is not all-inclusive. Other offenses may also be considered to involve moral turpitude.
In plain language what does this mean to vendors or those with contracts with the school board?
If you are a vendor or contractor (e.g. someone who fills vending machines, repairs equipment, provides a service, etc.) and you come on any Marion County School campus during times when students are present, you MUST receive a Level 2 screening by the Marion County School Board to ensure that you can be on campus. If a person does not meet Level 2 screening standards, he or she will not be permitted to conduct business on school board property as a vendor or contractor.