Letter to Vendors Regarding the Lunsford Act (amended and updated 9/24/08)
Effective July 1, 2007, Senate Bill 988 amends several provisions of the Jessica Lunsford Act, the Act that requires background checks for contractors on school grounds. The bill defines “non-institutional contractor” to mean any vendor, individual, or entity under contract with a school or with the school board who receives remuneration for services performed for the school district or a school, but who is not otherwise considered an employee of the school district. The term also includes such contractor’s employees and subcontractors and subcontractor’s employees. The bill defines “school grounds” to mean the buildings and grounds of any public pre-kindergarten, kindergarten, elementary school, middle school, junior high school, high school, or secondary school, or any combination of grades
pre-kindergarten through grade 12, together with the school district land on which the buildings are located. The term does not include any other facility or location where school classes or activities may be located or take place, the public school buildings and grounds during any time period in which students are not permitted access, or any such buildings during any period in which it is used solely as a career or technical center for post-secondary or adult education.
The bill provides the following list of offenses that automatically disqualify a non-institutional contractor from being on school grounds while students are present.
1. Section 943.0435(1)(a)1., relating to the registration of an individual as a sexual
offender.
2. Section 393.135, relating to sexual misconduct with certain developmentally disabled
clients and the reporting of such sexual misconduct.
3. Section 394.4593, relating to sexual misconduct with certain mental health patients and the reporting of such sexual misconduct.
4. Section 775.30, relating to terrorism.
5. Section 782.04, relating to murder.
6. Section 787.01, relating to kidnapping.
7. Any offense under chapter 800, relating to lewdness and indecent exposure.
8. Section 826.04, relating to incest.
9. Section 827.03, relating to child abuse, aggravated child abuse, or neglect of a
child.
As an educational institution, The School Board of St. Johns County, Florida maintains a high standard and has a high level of clearance for background checks. In addition to the above stated offenses, other crimes and/or multiple arrests (even without conviction) could lead to disqualification. Refer to Background Screening under the Lunsford Act Menu for more details.
The bill also provides an exemption from the screening requirement for a non-instructional contractor who:
• is under direct line-of-sight supervision of a person who meets the screening requirements;
• is already required, and has undergone, a level 2 background screening;
• is a law enforcement officer assigned or dispatched to school grounds, or an employee or medical director of an ambulance provider;
• works and remains in an area separated from students by a 6-foot chain link fence;
• provides pick-up or delivery services to school grounds.
Further, the bill requires a contractor who is arrested for a disqualifying offense to report the arrest.
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