To: Individuals, Vendors and Contractors Doing Business with
The School Board of Manatee County, Florida
From: Dr. Roger Dearing, Superintendent of Schools
Manatee County, Florida
Date: August 18, 2005
Re: Jessica Lunsford Act
In its last session, the Legislature passed the Jessica Lunsford Act in response to the kidnapping, raping and murdering of Jessica Lunsford in Citrus County. This is a comprehensive law that is designed to strengthen the monitoring and control of sexual predators and offenders. The law affects school boards and persons or entities doing business with school boards because among its provisions is an amendment to section 1012.465, Florida Statutes (2004). Section 21 of the Jessica Lunsford Act provides that “section 1012.465, Florida Statutes, is amended to read” as follows:
1012.465 -- -- Background screening requirements for certain noninstructional school district employees and contractors.
(1) Noninstructional school district employees or contractual personnel who are permitted access on school grounds when students are present, who have direct contact with students or who have access to or control of funds must meet level 2 screening requirements as described in s. 1012.32. Contractual personnel shall include any vendor, individual, or entity under contract with the school board.
A copy of the entire section 1012 .465 is attached with the underlined portions being the new language provided by the Jessica Lunsford Act. The changes are effective starting September 1, 2005.
The School Board has been and will continue to be responsible for seeing to it that noninstructional school district employees and contractual personnel who have direct contact with students meet level 2 screening requirements. The Act, however, has created another classification that is subject to meeting the level 2 screening requirements. Starting September 1, 2005, vendors, individuals or entities under contract with the School Board who are permitted access on school grounds when students are present must meet level 2 screening requirements as described in section 1012.32
If you are a vendor, individual or entity under contract with the school board and you are required to go on school grounds when students are present, then you must comply with the requirements of the law. We cannot give you legal advice as to what may be required of you under the law. Please consult your own legal counsel to determine your legal obligations.
Please note in subsection (3) that a person who is under contract in a capacity described in subsection (1) of section 1012.465 and who does not meet the level 2 requirements shall be immediately suspended from working in that capacity. Again, consult your legal counsel concerning the meaning of that provision. We expect that you will fully comply with the law. If it comes to our attention that you have not complied, then we will be in touch with you to discuss the steps necessary to come in compliance with the law. Also, you will be required to indemnify and hold the School Board harmless for any claims resulting from your failure to comply with the law.
Thank you for your cooperation.
School District of Manatee County Florida · 215 Manatee Avenue West · Bradenton, Florida 34205 · (941) 708-8770