This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h1505.EEC
DATE: 1/24/2022
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 1505 Background Screenings
SPONSOR(S): Trabulsy
TIED BILLS: None IDEN./SIM. BILLS: SB 1830
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Education & Employment Committee Wolff Hassell
2) Health & Human Services Committee
3) Appropriations Committee
4) Judiciary Committee
SUMMARY ANALYSIS
Individuals who work with children and other vulnerable persons are required to undergo criminal background
screening. Depending on the role of the individual or the agency responsible, the individual may be screened
by the Florida Department of Law Enforcement through the Volunteer Employee Criminal History System
(VECHS), the Florida Shared School Results (FSSR) system, or the Care Provider Background Screening
Clearinghouse (Clearinghouse). However, screening results are only shared among employers through the
FSSR or the Clearinghouse.
The bill requires school districts, lab schools, The Florida School for the Deaf and the Blind, the Florida Virtual
School, virtual instruction providers, charter schools, hope operators, early learning coalitions, and qualified
entities currently using VECHS, to conduct background screenings through the Clearinghouse. In addition, the
FDLE must annually issue a compliance decal to qualified entities who must display the decal in a conspicuous
location clearly visible to the public.
The bill revises screening requirements for athletic coaches by changing the screening standard from Level 1
to Level 2 and for instructional personnel and noninstructional personnel by including arrests for certain
offenses as disqualifying offenses. Any qualified entity that violates the law is subject to a $1,000 fine.
The bill will have an indeterminant fiscal impact for the entities required to participate in the Clearinghouse.
See Fiscal Comments.
The bill provides an effective date of July 1, 2023. STORAGE NAME: h1505.EEC PAGE: 2
DATE: 1/24/2022
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Present Situation
Employee Background Screenings
Florida provides standard procedures for screening a prospective employee where the Legislature has
determined it is necessary to conduct a criminal history background check to protect vulnerable
persons.
1
These standards include two different levels of screening: “Level 1” employment screening
and “Level 2” employment screening.
A Level 1 screening is a name-based demographic screening that includes a statewide criminal record
check through the Florida Department of Law Enforcement (FDLE).
2
A Level 1 background screening
only includes a name-based search of Florida records, including an employment history, state and local
criminal history checks, and a check of the Dru Sjodin National Sex Offender Public Website.
3
A Level
1 screening may be paid for and conducted through FDLE’s website, which provides immediate
results.
4
A Level 2 screening consists of a fingerprint-based search of FDLE and the Federal Bureau of
Investigation (FBI) databases for state and national criminal arrest records.
5
An applicant must be
disqualified from employment if he or she has been arrested for, found guilty of, entered a plea of nolo
contendere or guilty for, or been adjudicated delinquent and the record has not been sealed or
expunged for, the following criminal offenses:
Sexual misconduct with certain vulnerable individuals;
Abuse, neglect, or exploitation of certain vulnerable individuals;
Murder;
Manslaughter;
Aggravated manslaughter of certain vulnerable individuals;
Vehicular homicide;
Felony assault, battery, and culpable negligence;
Assault or battery upon a vulnerable individual;
Kidnapping;
False imprisonment;
Sexual battery;
Arson;
Burglary;
Unlawful sexual activity with a minor;
Child abuse;
Negligent treatment of a child or vulnerable individual; or
Any other offense listed under s. 435.04(2), F.S.
6
A Level 1 screening and Level 2 screening have the same disqualifying offenses.
7
Florida licensure laws require providers licensed by the Agency for Health Care Administration (AHCA)
to conduct Level 2 criminal background screening for:
8
1
Chapter 435, F.S.
2
Section 435.03, F.S.
3
Section 435.03(1), F.S.
4
Florida Department of Law Enforcement, State of Florida Criminal History Records Check http://www.fdle.state.fl.us/Criminal-
History-Records/Florida-Checks.aspx (last visited Jan. 24, 2022).
5
Section 435.04, F.S.
6
Section 435.04(2), F.S.
7
Sections 435.03(2) and 435.04(2), F.S. STORAGE NAME: h1505.EEC PAGE: 3
DATE: 1/24/2022
The licensee;
Administrators and financial officers;
Staff of health care providers who offer residential and home care services that provide
personal care services or have access to client property, funds or living areas; and
Any person who is a controlling interest if there is reason to suspect they have committed a
disqualifying criminal offense.
Volunteer Employee Criminal History System
The Volunteer Employee Criminal History System (VECHS) was enacted in 1999 to implement the
National Child Protection Act (NCPA). The VECHS program provides state and national criminal history
record information on applicants, employees, and volunteers to qualified entities. A “qualified entity” is a
business or organization that provides care, treatment, education, training, instruction, supervision, or
recreation to children, the elderly, or individuals with disabilities.
9
Qualified entities that register with
FDLE may screen personnel and employees through the submission of fingerprints. Each request must
be voluntary and conform to the requirements of the National Child Protection Act of 1993, as
amended.
10
Organizations that are statutorily required to obtain criminal history record checks on their
employees or volunteers may not use VECHS.
11
Care Provider Background Screening Clearinghouse
Many different agencies, programs, employers, and professionals serve vulnerable populations in
Florida. Personnel working with those entities and serving vulnerable persons are subject to
background screening. However, due to restrictions placed on the sharing of criminal history
information, persons who work for more than one agency or employer or change jobs, or wish to
volunteer for such an entity, often must undergo a new and duplicative background screening and
fingerprinting.
Policies imposed by the Federal Bureau of Investigation (FBI) prevent the sharing of criminal history
information except within a given “program.” Since each regulatory area is covered by a different
controlling statute and screenings are done for separate purposes, the screenings have been viewed
as separate “program” areas and sharing of results has not been allowed.
12
In addition, screenings are
only as good as the date they are run. Arrests or convictions occurring after the screening are not
known until the person is rescreened or self-reports.
In 2012, the Legislature passed CS/CS/CS/HB 943, which created the Care Provider Background
Screening Clearinghouse (Clearinghouse) to create a single “program” of screening individuals and
allow for the results of criminal history checks of persons acting as covered care providers to be shared
among the specified agencies.
13
Designated agencies include the AHCA, the Department of Health
(DOH), the Department of Children and Families, the Department of Elder Affairs, the Agency for
Persons with Disabilities, and Vocational Rehabilitation within the Department of Education.
14
Once a
person’s screening record is in the Clearinghouse, that person will avoid the need for any future state
screens and related fees.
15
Final implementation of the Clearinghouse by the designated state
agencies was required by October 1, 2013. The Clearinghouse was initially implemented by the AHCA
on January 1, 2013.
Background Screening of Individuals at Schools
8
Section 408.809, F.S.
9
Section 943.0542(1), F.S.
10
Section 943.0542(2), F.S.
11
Florida Department of Law Enforcement, About VECHS, https://www.fdle.state.fl.us/Background-Checks/About-Us (last visited
Jan 24, 2022).
12
See Pub. L. No. 92-544 (Oct. 25, 1972); 28 C.F.R. Part 20; 28 C.F.R. s. 50.12.
13
Chapter 2012-73, L.O.F.
14
Section 435.02(5), F.S. (definition of “Specified agency”)
15
Agency for Health Care Administration, Clearinghouse Renewals,
https://ahca.myflorida.com/MCHQ/Central_Services/Background_Screening/Renewals.shtml (last visited Jan. 24, 2022). STORAGE NAME: h1505.EEC PAGE: 4
DATE: 1/24/2022
Individuals who work in or provide services to school districts, charter schools, alternative schools, and
private schools participating in state school choice scholarship programs must undergo a fingerprint-
based background screening before being permitted access to school grounds.
16
The individuals who
must undergo background screening fall under three personnel classifications -- instructional and
noninstructional personnel,
17
noninstructional school district employees and contracted personnel,
18
and
noninstructional contractors.
19
Candidates for educator certification must also undergo background
screening.
20
The background screening requirements for each personnel classification vary depending upon the
individual’s duties, whether or not the individual is a school district employee, and the degree of contact
the individual has with students.
21
Because they are more likely to have direct contact with students,
candidates for educator certification, instructional and noninstructional personnel, and noninstructional
school district employees and contracted personnel must be screened against a distinct list of 51
disqualifying offenses applicable to employment with public schools and school districts.
22
In contrast,
noninstructional contractors, individuals who are not school district employees and have no direct
contact with students, are screened against a statutory list of 12 disqualifying offenses.
23
Fingerprints taken for a background screening are submitted to the FDLE for statewide criminal and
juvenile records checks and to the FBI for national criminal records checks. The cost of the background
screening may be borne by the district school board, the charter school, or the individual who is subject
to the screening requirements.
24
FDLE enters and retains the fingerprints in the Automated Fingerprint Identification System (AFIS), and
retains them in the Applicant Fingerprint Retention and Notification Program (AFRNP) database.
25
Any
arrest fingerprints FDLE receives through the Criminal Justice Information Program
26
must then be
searched against the fingerprints retained in the AFRNP. Any arrest record that is identified with the
retained fingerprints of a person subject to the background screening must be reported to the
employing or contracting school district.
27
Screening results for contractors, both those who have direct contact with students and those who
simply have access to school property when students are present, are entered into the Florida Shared
School Results (FSSR) system,
28
which allows the results to be shared with other school districts
through a secure internet website or other secure electronic means. However, the screening results for
instructional personnel hired or contracted by an approved virtual instruction provider are not included
in FSSR. As a result, these individuals must often undergo background screening by multiple school
districts using the provider’s services.
29
16
Sections 1002.421, 1012.32(2), 1012.465(2), and 1012.467(2)(a), F.S
17
Instructional and noninstructional personnel are individuals who are hired or contracted to fill positions that require direct contact
with students in any public school. Section 1012.32(2), F.S.
18
Noninstructional school district employees and contracted personnel are individuals who are permitted access to school grounds
when students are present; who have direct contact with students; or who have access to, or control of, school funds. Section
1012.465(1), F.S.
19
Noninstructional contractors are vendors or contractors who are not school district employees, are permitted access to school
grounds when students are present, and have little or no direct contact with students. Section 1012.467(1)(a), F.S.
20
Sections 1012.315, 1012.32(2)(a), and 1012.56(10)(a), F.S.
21
See ss. 1012.32(2), 1012.465(2), and 1012.467(2)(a), F.S.
22
Sections 1012.315, 1012.32, and 1012.465, F.S.
23
See s. 1012.467(2)(g), F.S. The law references eight specific offenses plus crimes involving lewd and lascivious behavior in ch. 800,
F.S., which include four such offenses. Id.
24
Section 1012.32(2), F.S. (flush-left provision at end of subsection).
25
Section 1012.32(3)(a), F.S.; s. 943.05(2), F.S.; rule 11C-6.010(1), F.A.C.
26
Section 943.051, F.S.
27
Section 1012.32(3)(b), F.S.
28
Florida Department of Law Enforcement, Jessica Lunsford Act Information, http://www.fdle.state.fl.us/JLA/Jessica-Lunsford-Act-
Information.aspx (last visited Jan 24, 2022).
29
Section 1012.467(7)(a), F.S. STORAGE NAME: h1505.EEC PAGE: 5
DATE: 1/24/2022
In addition to fingerprint-based background screening, before employing instructional personnel or
school administrators in any position that requires direct contact with students, school districts, charter
schools, and private schools participating in a state school choice scholarship program must:
Conduct an employment history check of the individual’s previous employer. If unable to contact
a previous employer, efforts to contact the employer must be documented;
Screen the individual through use of the Department of Education (DOE) Professional Practices’
Database of Disciplinary Actions Against Educators, Teacher Certification Database, and the
disqualification list(DQ);
30
and
Document the findings.
31
The DQ list is maintained by the DOE and includes:
The identity of any person who has been permanently denied an educator certificate or whose
certificate was permanently revoked and has been placed on the list as directed by the EPC.
32
The identity of any person who has been permanently disqualified by the Commissioner as an
owner or operator of a private school participating in a state scholarship program.
The identity of any person who has been terminated, or has resigned in lieu of termination, from
employment as a result of sexual misconduct with a student.
The identity of any person who is ineligible for educator certification or employment under s.
1012.315, F.S.
An individual on the DQ list is prohibited from serving or applying to serve as an employee or
contracted personnel at any public school, charter school, or private school participating in a state
scholarship program. Any individual who knowingly violates this prohibition commits a third degree
felony.
33
Additionally, the DOE is required to investigate complaints or allegations made against certified
educators and initiate proceedings to suspend or revoke the educator’s certificate if grounds exist to do
so. The law specifically references certified educators employed by traditional public schools, charter
schools, and private schools participating in a state school choice scholarship programs, while omitting
approved virtual instruction providers.
34
The law also requires law enforcement agencies to notify the appropriate district school superintendent,
charter school governing board, private school owner or administrator, president of the Florida School
for the Deaf and the Blind, or university lab schools director or principal, as applicable, within 48 hours
if its employee is charged with any felony or misdemeanor involving the abuse of children or sale or
possession of controlled substances.
35
Upon notification by law enforcement, the principal must, within 24 hours, notify parents of enrolled
students who had direct contact with the perpetrator of the arrest and include, at a minimum, the
employee’s name and the specific charges against him or her.
36
Employee Misconduct Reporting Policies
Each school district, charter school, and private school participating in a state scholarship program
must post, at each school and on their website, if they maintain a website, their policies and procedures
related to reporting alleged misconduct by instructional personnel, educational support personnel, or
30
See s. 1001.10(5), F.S.; see also Florida Department of Education, Employment Screening Tools,
https://www.fldoe.org/teaching/professional-practices/employment-screening-tools.stml (last visited Jan. 24, 2022) (includes links to
the Professional Practices’ Database of Disciplinary Actions Against Educators and the Teacher Certification Database).
31
Sections 1002.33(12)(g)4. (charter schools), 1002.421(4)(c) (private schools), and 1012.27(6), F.S. (school districts).
32
See s. 1012.795, F.S., regarding the EPC’s authority to discipline.
33
See ss. 775.082 and 775.083, F.S.
34
Section 1012.796(1), F.S.
35
Section 1012.797, F.S.
36
Id. STORAGE NAME: h1505.EEC PAGE: 6
DATE: 1/24/2022
school administrators which affects the health, safety, or welfare of a student.
37
Additionally, the
published policies and procedures must include the contact person to whom the report is made and the
penalties that will be imposed for failure to report misconduct.
38
Youth Athletic Team Coaches
Under s. 943.0438(1)(b), F.S., an “independent sanctioning authority” means a private,
nongovernmental entity that organizes, operates, or coordinates a youth athletic team in Florida, if the
team includes one or more minors and is not affiliated with a private school.
39
An independent
sanctioning authority must conduct a Level 1 background screening of each current and prospective
athletic coach. The required background screening must also include a search of the applicant or
coach’s name or other identifying information against state and federal registries of sexual predators
and sexual offenders.
40
An individual may not serve as a youth athletic coach
41
unless a Level 1
screening has been conducted and the screening does not result in his or her disqualification.
In 2014, the Legislature expanded background screening requirements for athletic coaches, assistant
coaches, and referees of independent sanctioning authorities and allowed a background screening
conducted by a commercial consumer reporting agency in compliance with federal standards to satisfy
the state level requirement so long as such screening includes a Level 1 background screening and a
search against the state and federal registries of sexual predators and sexual offenders to meet the
requirements under s. 943.0438, F.S.
42
An independent sanctioning authority must disqualify an applicant from acting as an athletic coach in
Florida if he or she is disqualified by the Level 1 background screening or if his or her name appears in
either registry.
43
Within seven days of the screening, the independent sanctioning authority must
provide written notification to a disqualified person advising him or her of the results.
44
In specified
circumstances, an independent sanctioning authority may grant an exception to an applicant in
accordance with s. 435.07(1)(a), F.S.
45
Examples of possible exceptions include, but are not limited to,
an applicant whose criminal record includes a:
Felony that occurred three or more years ago and he or she has lawfully completed or been
released from confinement or supervision for the disqualifying felony;
Misdemeanor and he or she has completed or been lawfully released from confinement or
supervision for the disqualifying misdemeanor offense; or
Felony when committed, but is now classified as a misdemeanor, and he or she has completed
or been lawfully released from confinement or supervision for all requirements imposed.
46
The sanctioning authority must maintain documentation of the results of each person screened and the
written notice provided to any disqualified person for a minimum of five years.
47
Effect of Proposed Changes
The bill requires school districts, lab schools, The Florida School for the Deaf and the Blind, the Florida
Virtual School, virtual instruction providers, charter schools, hope operators, early learning coalitions,
and qualified entities currently using VECHS to conduct background screening using the Care Provider
37
Section 1006.061(2), F.S.
38
Id.
39
Section 1002.01, F.S. (defining “private school”)
40
Section 943.0438(2)(a)1, F.S.
41
“Athletic coach” means a person who is authorized by an independent sanctioning authority to work as a coach, assistant coach, or
referee for 20 or more hours within a calendar year, whether for compensation or as a volunteer, for a youth athletic based team in this
state; and has direct contact with one or more minors on the youth athletic team. Section 943.0438(1)(a), F.S.
42
Chapter 2014-9, L.O.F.
43
Section 943.0438(2)(b), F.S.
44
Section 943.0438(2)(c), F.S.
45
Section 943.0438(2)(b), F.S.
46
Section 435.07(1), F.S.
47
Section 943.0438(3)(d), F.S. STORAGE NAME: h1505.EEC PAGE: 7
DATE: 1/24/2022
Background Screening Clearinghouse. However, volunteers are exempt from background screening if
they assist less than 10 hours per month and are always within the line of sight of an employee who
meets the level 2 screening requirements.
Athletic coaches are required to undergo Level 2 screening, instead of Level 1, under the bill. In
addition to the disqualifying offenses identified in 1012.315, instructional and noninstructional personnel
are ineligible for employment if arrested for certain offenses.
FDLE must develop a method for establishing the identity of individuals who undergo background
screening. The method must include automated biometrics and may include latent fingerprints, palm
prints, facial recognition, or retina scans. Qualified entities who use VECHS must include within its
waiver, the authority to include the fingerprints of employees or volunteers for automated biometrics.
FDLE must annually issue a compliance decal to each registered qualified entity and requires qualified
entities to display the compliance decal in a conspicuous location clearly visible to the public. A
qualified entity that fails to comply with the requirements of the bill is subject to a fine of at least $1,000.
B. SECTION DIRECTORY:
Section 1. Amends s. 435.02, F.S., revising the definition of “specified agency” for purposes of the
Care Provider Background Screening Clearinghouse to include school districts, lab
schools, The Florida School for the Deaf and the Blind, the Florida Virtual School, virtual
instruction providers charter schools, hope operators, early learning coalitions, and
qualified entities currently using VECHS.
Section 2. Amends s. 435.04, F.S., removing an obsolete date.
Section 3. Amends s. 435.12, F.S., removing obsolete language.
Section 4. Amends s. 943.0438, F.S., revising background screening requirements of athletic
coaches from Level 1 to Level 2.
Section 5. Amends s. 943.05, F.S., requiring the FDLE to develop a method for identifying
individuals subject to screening through automated biometrics.
Section 6. Amends s. 943.0542, F.S., requiring qualified entities to submit requests for screening to
the Care Provider Background Screening Clearinghouse instead of VECHS; prohibiting
qualified entities from employing or allowing volunteers who are disqualified under s.
435.04(2) or (3); requiring the department to issue a compliance decal that qualified
entities must display in a conspicuous location clearly visible to the public.
Section 7. Amends s. 1012.32, F.S., requiring instructional and noninstructional personnel to be
screened through the Care Provider Background Screening Clearinghouse and adding
disqualification for arrests for certain offenses.
Section 8. Amends s. 1012.465, F.S., requiring the screening of noninstructional personnel to be
conducted through the Care Provider Background Screening Clearinghouse.
Section 9. Amends s. 1012.467, F.S., requiring the screening of certain noninstructional contractors
to be conducted through the Care Provider Background Screening Clearinghouse.
Section 10. Amends s. 1012.56, F.S., requiring the screening of individuals seeking educator
certification to be conducted through the Care Provider Background Screening
Clearinghouse.
Section 11. Provides an effective date of July 1, 2023.
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DATE: 1/24/2022
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
None.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
As authorized by s. 435.12, F.S., the Care Provider Background Screening Clearinghouse
(Clearinghouse) system housed in the Agency for Health Care Administration (AHCA), is a multi-
agency enterprise system that shares fingerprint results among specified agencies for the purpose of
reducing the overall cost to providers by eliminating duplicate screenings for participating agencies.
The AHCA develops a methodology to allocate the cost of the maintenance and support of the
Clearinghouse system and allocates the costs proportionally based on the number of determinations
made by each participating agency. The total costs include direct staff time for project management,
development, and testing.
The bill requires school districts, lab schools, The Florida School for the Deaf and the Blind, the Florida
Virtual School, virtual instruction providers, charter schools, hope operators, early learning coalitions,
and qualified entities currently using VECHS, to participate in the Clearinghouse; therefore, beginning
with Fiscal Year 2023-2024, these entities would be included in the AHCA’s cost allocation
methodology. As the AHCA will need to evaluate the impact of the inclusion of these new entities, the
fiscal impact is currently indeterminant.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
None.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
FDLE is authorized to adopt rules relating to the design on the required decal related to compliance
with background screening requirements.
STORAGE NAME: h1505.EEC PAGE: 9
DATE: 1/24/2022
C. DRAFTING ISSUES OR OTHER COMMENTS:
It is unclear how the FDLE will determine compliance when issuing a compliance decal. It is also
unclear whether compliance is based on whether the qualified entity has screened all employees and
volunteers or whether the qualified entity does not allow individuals who are ineligible to be employed
or volunteer.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
Not applicable.