Jessica Lunsford Act Information

July 30, 2010

 

 

 

 

5 Year Anniversary This Year
This year is the 5 year anniversary of the Jessica Lunsford Act and most of our members, specifically those that were fingerprinted when the law was first implemented in 2005 will need to undergo the process again.  The following outlines the information we have gathered in researching this issue, a link to the source documents are provided in each section so you may form your own interpretation of the data presented.

 
On July 1, 2010 the BCAA advised us of the new fingerprinting process that is now in place via email (copy of notification).  In short the document states the Broward School Board has outsourced the fingerprinting function to L-1 Identity Solutions and outlines the new price structure:

Broward Background Check
Fee Schedule
New Applicants $94.50
Yearly Renewals
(after the first year)
$20.00
Checking The FSSR
(Florida Shared School Results)
$20.00

The Cost To Broward Officials Is Now $174.50 For A 5 Year Period

Once every 5 Years $94.50
2nd Year Renewal Fee $20.00
3rd Year Renewal Fee $20.00
4th Year Renewal Fee $20.00
5th Year Renewal Fee $20.00
Total Cost for 5 Years $174.50

After initial sticker shock, we got this explanation, and breakdown of the initial 1st year costs from Broward Schools (SBBC)

FDLE / FBI fee $43.25
Retention fee $24.00
SBBC fee $14.25
L-1 Identity fee $13.00
Total Paid by Officials $94.50


What the Statute 1012.467 Says
All officiating associations in the state must comply with the statute so we had questions as to what other associations paid  in their counties.  We also checked the actual Florida Statute that outlines and establishes the fingerprinting requirement.  The original statute was enacted in 2005, and then refined in 2007 to adjust problems and concerns that surfaced in the original law.  Here is the pertinent wording of the 2007 update in statute 1012.467 (link to Statute 1012.467).

    

(2)(a)  A fingerprint-based criminal history check shall be performed on each noninstructional contractor who is permitted access to school grounds when students are present, whose performance of the contract with the school or school board is not anticipated to result in direct contact with students, and for whom any unanticipated contact would be infrequent and incidental. Criminal history checks shall be performed at least once every 5 years. For the initial criminal history check, each noninstructional contractor who is subject to the criminal history check shall file with the Department of Law Enforcement a complete set of fingerprints taken by an authorized law enforcement agency or an employee of a school district, a public school, or a private company who is trained to take fingerprints. The fingerprints shall be electronically submitted for state processing to the Department of Law Enforcement, which shall in turn submit the fingerprints to the Federal Bureau of Investigation for national processing. The results of each criminal history check shall be reported to the school district in which the individual is seeking access and entered into the shared system described in subsection (7). The school district shall screen the results using the disqualifying offenses in paragraph (g). The cost of the criminal history check may be borne by the district school board, the school, or the contractor. A fee that is charged by a district school board for such checks may not exceed 30 percent of the total amount charged by the Department of Law Enforcement and the Federal Bureau of Investigation.

 
FDLE - Documented Costs
After reading the actual statute it seemed clear the maximum allowable price is established as the cost charged by the FDLE (Florida Department of Law Enforcement) plus 30%.  So we researched and documented the current actual FDLE cost to the school board, which is readily available, published, and, in effect statewide. (link to FDLE Price Fact Sheet)

FDLE Charge For Level 2
State and National Background Checks
State Fee $24.00
Federal Fee $19.25
4 Year Retention Fee
($6 per year)
$24.00
Total FDLE Charge $67.25
30% of $67.25 $20.18
FDLE Cost plus 30% $87.43


FSSR - Florida Shared School Results
FSSR - is a system implemented by statute to alleviate a problem that officials and contractors encountered with the original  statute.  As originally implemented in 2005 the Jessica Lunsford Act required officials and contractors that worked for more than one county to register and pay separate background check fees to each county in which they worked.  The 2007 statute update corrected this problem by creating the FSSR database that allows schools to share background check results with other counties.  So the individual official or contractor only has to pay the background check fees once.  The new Broward published fee for checking the FSSR database if an official has their background check done in another county:

 
Broward FSSR Fee $20.00

What statute 1012.467 says about requesting an FSSR check of a previous background check:  (link to Statute 1012.467)

 
(f)  A noninstructional contractor who is subject to a criminal history check under this section shall inform a school district that he or she has completed a criminal history check in another school district within the last 5 years. The school district shall verify the results of the contractor's criminal history check using the shared system described in subsection (7). The school district may not charge the contractor a fee for verifying the results of his or her criminal history check.


"RENEWAL" Fee
The new Broward Schools background check policy specifies a "RENEWAL" fee every year, after the first year.  It is our understanding that you will be issued a new badge every year at renewal.

 
Yearly Renewal  Fee $20.00

Yearly "RENEWAL" fees, are not mentioned in the statute.


Fees In Other Counties
We have documented a sampling of the following background check fees in Florida counties:
 

 
5 Year Total - Background Fees
Broward County
($94.50 +  $20 yearly  renewal)
$174.50 (link to document)
County Fee Link To Data
Duval County
($97.25 +  $12 yearly  renewal)
$145.25 (link to document)
Palm Beach County
($87.42 +  $6 yearly  renewal)
$111.42 (link to document)
Escambia County $105.25 (link to document)
Santa Rosa County $104.75 (link to document)
Lake County $103.50 (link to document)
Lee County $97.25 (link to document)
Leon County
(Includes a badge)
$95.00 (link to document)
Orange County $92.25 (link to document)
Volusia County $90.75 (link to document)
Marion County
($87.50 +  $2 for a badge)
$89.50 (link to document)
St. Johns County $88.00 (link to document)
St. Lucie $87.25 (link to document)
Pasco County $85.00 (link to document)
Polk County $81.25 (link to document)
Osceola County $81.25 (link to document)
Hillsborough County $81.25 (link to document)
Seminole County $81.25 (link to document)
     

 

Email Comments From Other Florida Official's Associations
In addition we sent email requests to associations regarding procedures in their county and received these replies:

West Coast Officials Association (Tampa)
Our total cost in Hillsborough County is $86.00 for a five year period. It appears there is still no uniformity among the school districts. We only work in two counties, but I am still having trouble coordinating between the two of them.
Good luck with solving your problem.

Thom Powers
President WCOA

 

Central Florida Officials Association (Cocoa Beach)
We have 4 counties $82.50------$103.00....depends on the county the person goes to... 2 of the counties give badges even though you don't need one so they charge you... the 2 that don't give badges are $82.50...and we don't need badges anywhere.. just a picture ID.......that's for 5 years...

Jeff Deen
President CFOA



Greater Miami Athletic Association (Miami)
Our out-of-pocket cost through MDCPS fingerprinting office is $77 and change (I don't remember the exact amount).
We are asking those who are up for renewal (most of the members) to have their prints done by Spring Football.
No new clearance, no Spring game assignment.

The renewal is for 5 years, no additional cost to members.

Strive to be the BEST
Thumz zup,
Joe Underwood, EdD, NBCT

 

Southern Independent Conference Officials Association (St. Petersburg)
SICOA uses Pasco County School District.
The cost is $86.00 total for five years.

Good Luck!
John Walters
SICOA

 

Mid-Coast Officials Association (Melbourne)
The cost was $90 for the initial screening. Brevard county has not implemented any yearly renewal screenings, and furthermore Brevard has not brought up the 5 year rescreening either. So at this point the only cost has been the $90 initial screening fee.

Steve O'Neill
President

 

Palm Beach County
For the Palm Beach County School District, sports officials are charged an initial fingerprint fee of $47 (a special “reduced” rate for a first time sports official in our schools).

NOTE: The “normal” fingerprint fee for the School District has been
Increased for teachers, substitutes, etc. to $99.

Each year there is a $6 renewal fee. Those have been the only charges so far.  Initially it was discussed that every 5 years officials were to be re-fingerprinted.  This has not come up recently. Maybe the $6 renewal each year covers that

It is my understanding that the Palm Beach County School Police will check the Shared School Results (FSSR) for officials who have already been fingerprinted in another county for the involved school year. They should not have to be fingerprinted in both counties.

Hope that answers your questions. If not, please let me know.

Yetta Green
Assignor

 

North Florida Officials (Jacksonville)
 I am the commissioner of the North Florida Football Officials up here in the Jacksonville area. The breakdown on what Duval County is charging us is an initial fee of $97.25 in the first year. This is broken down as follows: $63.25 for the fingerprinting fee, $24 for the FDLE to retain the finger prints for an additional 4 years after the initial year, and a $10 fee to Duval County for some sort of badge that they want us to have to come onto their property. They then want us to renew the badge every year for $12. The badge is not part of the JLA but rather a Duval County policy. Please keep me updated on your situation. Thanks.

Brad Kennington