Question: What are Crimes of Moral Turpitude?
Answer: "According to the
Florida Department of Education's
(DOE) Technical Assistance Paper on the
Jessica Lunsford Act, the "crimes of moral turpitude" standard is the same
standard school districts have previously used for their own employees. Florida
Administrative Code Rule 6B-4.009(6) provides that a crime of moral turpitude
is "a crime that is evidenced by an act of baseness, vileness, or depravity
in the private or 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." This is the standard that many school districts have applied to
their own employees. Thus, in effect, the law now holds all contractual employees
to the same standards as the school district's own employees with regard to
background screening. "
Question: Who are Level 2 Background Checks intended
for?
Answer: Your business should first determine whether you or any
of your employees or agents will:
- Be at a school when students are present; or
- Have direct contact with students; or
- Have access to or control of school funds.
Level II Background checks Screening Standards
Reprinted from The
2008 Florida
Statutes
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 must ensure that no
persons subject to the provisions of this 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:
(a) 393.135, sexual misconduct with certain developmentally disabled clients
and reporting of such sexual misconduct.
(b) 394.4593, sexual misconduct with certain mental health patients and reporting
of such sexual misconduct.
(c) 415.111, adult abuse, neglect, or exploitation of aged persons or disabled
adults.
(d) 782.04, murder.
(e) 782.07, manslaughter, aggravated manslaughter of an elderly person or
disabled adult, or aggravated manslaughter of a child.
(f) 782.071, vehicular homicide.
(g) 782.09, killing of an unborn quick child by injury to the mother.
(h) 784.011, assault, if the victim of the offense was a minor.
(i) 784.021, aggravated assault.
(j) 784.03, battery, if the victim of the offense was a minor.
(k) 784.045, aggravated battery.
(l) 784.075, battery on a detention or commitment facility staff.
(m) 787.01, kidnapping.
(n) 787.02, false imprisonment.
(o) 787.04(2), taking, enticing, or removing a child beyond the state limits
with criminal intent pending custody proceedings.
(p) 787.04(3), carrying a child beyond the state lines with criminal intent
to avoid producing a child at a custody hearing or delivering the child to the
designated person.
(q) 790.115(1), exhibiting firearms or weapons within 1,000 feet of a school.
(r) 790.115(2)(b), possessing an electric weapon or device, destructive device,
or other weapon on school property.
(s) 794.011, sexual battery.
(t) Former s. 794.041, prohibited acts of persons in familial or custodial
authority.
(u) Chapter 796, prostitution.
(v) 798.02, lewd and lascivious behavior.
(w) Chapter 800, lewdness and indecent exposure.
(x) 806.01, arson.
(y) Chapter 812, theft, robbery, and related crimes, if the offense is a
felony.
(z) 817.563, fraudulent sale of controlled substances, only if the offense
was a felony.
(aa) 825.102, abuse, aggravated abuse, or neglect of an elderly person or
disabled adult.
(bb) 825.1025, lewd or lascivious offenses committed upon or in the presence
of an elderly person or disabled adult.
(cc) 825.103, exploitation of an elderly person or disabled adult, if the
offense was a felony.
(dd) 826.04, incest.
(ee) 827.03, child abuse, aggravated child abuse, or neglect of a child.
(ff) 827.04, contributing to the delinquency or dependency of a child.
(gg) Former s. 827.05, negligent treatment of children.
(hh) 827.071, sexual performance by a child.
(ii) 843.01, resisting arrest with violence.
(jj) 843.025, depriving a law enforcement, correctional, or correctional
probation officer means of protection or communication.
(kk) 843.12, aiding in an escape.
(ll) 843.13, aiding in the escape of juvenile inmates in correctional institutions.
(mm) Chapter 847, obscene literature.
(nn) 874.05(1), encouraging or recruiting another to join a criminal gang.
(oo) Chapter 893, drug abuse prevention and control, only if the offense
was a felony or if any other person involved in the offense was a minor.
(pp) 916.1075, sexual misconduct with certain forensic clients and reporting
of such sexual misconduct.
(qq) 944.35(3), inflicting cruel or inhuman treatment on an inmate resulting
in great bodily harm.
(rr) 944.46, harboring, concealing, or aiding an escaped prisoner.
(ss) 944.47, introduction of contraband into a correctional facility.
(tt) 985.701, sexual misconduct in juvenile justice programs.
(uu) 985.711, contraband introduced into detention facilities.
(3) The security background investigations conducted under this for employees
of the Department of Juvenile Justice must ensure that no persons subject to
the provisions of this 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:
(a) 784.07, assault or battery of law enforcement officers, firefighters,
emergency medical care providers, public transit employees or agents, or other
specified officers.
(b) 810.02, burglary, if the offense is a felony.
(c) 944.40, escape.
The Department of Juvenile Justice may not remove a disqualification from
employment or grant an exemption to any person who is disqualified under this
for any offense disposed of during the most recent 7-year period.
(4) Standards must also ensure that the person:
(a) For employees or employers licensed or registered pursuant to chapter
400 or chapter 429, does not have a confirmed report of abuse, neglect, or exploitation
as defined in 1s. 415.102(6), which has been uncontested or upheld under s.
415.103.
(b) Has not committed an act that constitutes domestic violence as defined
in s. 741.30.
(5) Under penalty of perjury, all employees in such positions of trust or
responsibility shall attest to meeting the requirements for qualifying for employment
and agreeing to inform the employer immediately if convicted of any of the disqualifying
offenses while employed by the employer. Each employer of employees in such
positions of trust or responsibilities which is licensed or registered by a
state agency shall submit to the licensing agency annually, under penalty of
perjury, an affidavit of compliance with the provisions of this section.
