Jessica Lunsford Act - Procedures

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.”

Do all vendors and contractors have to be screened by every district with which they do business? Will the Miami-Dade County Public Schools accept screening from another District?

The Florida legislature did not provide for this in the statute, so at this time you must be screened by Miami-Dade County Public Schools. We will be working with the state and other agencies and counties to create a process that would allow inter district reciprocity. Hopefully, this option will be available soon.

Do PTA representatives need to be screened when visiting schools?

No.

Are charter schools impacted?

Yes, charter schools are public schools with public school students and its vendors must fully comply with the law.

Do tour bus operators that take students on tours need to be screened if they require chaperones for the students at all times?

The statute does not make any provisions for chaperones or persons who are accompanied by a Miami-Dade County Public Schools employee. Any persons doing business with Miami-Dade County Public Schools who come on a campus when children are present MUST have passed a Level 2 Screening. Therefore, tour bus operators MUST be screened to be on our campus.

What about vendors for school dances and assemblies on our school sites?

All need to be screened.

Can an individual provide proof of Level 2 screening if they have previously been screened at that level?

The Florida Legislature did not provide for this in the statute, so at this time all must be screened now by Miami-Dade County Public Schools.

What about construction contractors, subcontractors and day laborers working on school sites?

All construction workers on school board sites where students are present must be screened, even if the site is fenced.

How will pre-bid conferences be handled when the conference is at a school site and it is unknown in advance which vendors might show up for the conference?

Those attending a pre-bid conference that are not yet under contract with the school board do not need to be Level 2 screened.

What about delivery personnel such as United States mail carriers, UPS workers, FED EX employees or Freight Companies making school site deliveries?

These individuals do not need to be screened unless they are under contract with the school board.

What about routine school deliveries such as food service products vending machine items and school supplies?

These delivery personnel must be screened if they on the school grounds when students are present.