Monday, 22 May 2017 39.0138 Criminal history and other records checks; limit on placement of a child— (1) The department shall conduct a records check through the State Automated Child Welfare Information System (SACWIS) and a local and statewide criminal history records check on all persons, including parents, being considered by the department for placement of a child under this chapter, including all non-relative placement decisions, and all members of the household, 12 years of age and older, of the person being considered. For purposes of this section, a criminal history records check may include, but is not limited to, submission of fingerprints to the Department of Law Enforcement for processing and forwarding to the Federal Bureau of Investigation for state and national criminal history information, and local criminal records checks through local law enforcement agencies of all household members 18 years of age and older and other visitors to the home. An out-of-state criminal history records check must be initiated for any person 18 years of age or older who resided in another state if that state allows the release of such records. The department shall establish by rule standards for evaluating any information contained in the automated system relating to a person who must be screened for purposes of making a placement decision. 1. Chapter 560, relating to the Money Transmitters’ Code. 2. Chapter 812, relating to theft, robbery, and related crimes. 3. Chapter 815, relating to computer-related crimes. 4. Chapter 817, relating to fraudulent practices. 5. Chapter 825, relating to abuse, neglect, and exploitation of elderly persons and disabled adults. 6. Chapter 831, relating to forgery and counterfeiting. 7. Chapter 832, relating to the issuance of worthless checks and drafts. 8. Chapter 838, relating to bribery and misuse of public office. 9. Chapter 839, relating to offenses by public officers and employees. 10. Chapter 895, relating to offenses concerning racketeering and illegal debts. 11. Chapter 896, relating to offenses related to financial transactions. (b) A felony offense that is committed with intent to defraud or that involves a conspiracy to defraud. (c) A felony offense that is committed with intent to temporarily or permanently deprive a person of his or her property or that involves a conspiracy to temporarily or permanently deprive a person of his or her property. (d) A felony offense that involves or results in the commission of fraud or deceit upon a person or that involves a conspiracy to commit fraud or deceit upon a person. (4) As used in this section, “aggravated white collar crime” means engaging in at least two white collar crimes that have the same or similar intents, results, accomplices, victims, or methods of commission, or that are otherwise interrelated by distinguishing characteristics and are not isolated incidents, provided that at least one of such crimes occurred after the effective date of this act. (5) Any person who commits an aggravated white collar crime as defined in this section and in so doing either: (a) Victimizes 10 or more elderly persons, as defined in s. 825.101; (b) Victimizes 20 or more persons, as defined in s. 1.01; or (c) Victimizes the State of Florida, any state agency, any of the state’s political subdivisions, or any agency of the state’s political subdivisions, and thereby obtains or attempts to obtain $50,000 or more, commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

No comments:

Post a Comment