FL
Florida House Bill H1505

Florida 2022 Regular Session

Florida House Bill H1505 Compare Versions

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1010 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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1414 A bill to be entitled 1
1515 An act relating to background screenings; amending s. 2
1616 435.02, F.S.; providing definitions; amending s. 3
1717 435.04, F.S.; removing obsolete language; amending s. 4
1818 435.12, F.S.; authorizing criminal history results to 5
1919 be provided to and shared between certain par ties; 6
2020 providing that existing retention provisions apply to 7
2121 persons included in the Care Provider Background 8
2222 Screening Clearinghouse; removing obsolete language; 9
2323 requiring certain entities to register with and use 10
2424 the clearinghouse; requiring affiliation s tatus to be 11
2525 reported; requiring certain employees submit to 12
2626 rescreening on a specified schedule; amending s. 13
2727 943.0438, F.S.; revising the circumstances in which a 14
2828 referee must be screened; requiring certain athletic 15
2929 coaches to receive level 2 background sc reenings; 16
3030 requiring specified entities to participate in a 17
3131 certain criminal history system; amending s. 943.05, 18
3232 F.S.; revising duties of the Criminal Justice 19
3333 Information Program; requiring the Criminal Justice 20
3434 Information Program to develop a certain metho d for 21
3535 identifying individuals; amending s. 943.0542, F.S.; 22
3636 requiring specified entities initiate criminal history 23
3737 checks through the department or clearinghouse; 24
3838 providing a start date for checks through the 25
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4747 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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5151 clearinghouse; authorizing the Agency for Health Care 26
5252 Administration to change the start date; requiring the 27
5353 Department of Law Enforcement to audit certain 28
5454 entities; requiring certain fingerprints be entered 29
5555 into the clearinghouse; requiring certain entities and 30
5656 the clearinghouse comply with a specified laws; 31
5757 authorizing the clearinghouse to take certain actions; 32
5858 amending ss. 943.0585 and 943.059, F.S.; prohibiting 33
5959 certain persons from denying criminal history records 34
6060 that have been expunged or sealed; amending s. 35
6161 1002.421, F.S.; revising background scre ening 36
6262 requirements for certain private schools; amending s. 37
6363 1012.315, F.S.; revising screening requirements for 38
6464 specified individuals; providing applicability; 39
6565 amending s. 1012.32, F.S.; revising the procedure for 40
6666 background screenings; deleting the right to appeal 41
6767 certain terminations; revising provisions specifying 42
6868 financial responsibility and reimbursement for 43
6969 background screenings; amending s. 1012.465, F.S.; 44
7070 conforming provisions to changes made by the act; 45
7171 amending s. 1012.467, F.S.; repealing certain 46
7272 reciprocity provisions on a specified date; amending 47
7373 s. 1012.56, F.S.; prohibiting certain persons from 48
7474 having specified responsibilities before the results 49
7575 of a background screening are available; requiring 50
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8484 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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8888 certain provisions of the act be implemented by a 51
8989 certain date; providing an exception; providing 52
90-appropriations and authorizing positions; providing 53
91-effective dates. 54
92- 55
93-Be It Enacted by the Legislature of the State of Florida: 56
94- 57
95- Section 1. Subsections (1), (2), (3), (4), (5), and (6) of 58
96-section 435.02, Florida Statutes, are renumbered as subsections 59
97-(2), (3), (4), (5), (7), and (8), respectively, present 60
98-subsection (5) is amended, and new subsections (1) and (6) are 61
99-added to that section, to read: 62
100- 435.02 Definitions. —For the purposes of this cha pter, the 63
101-term: 64
102- (1) "Affiliation" means employment by or serving as a 65
103-volunteer or contractor with a qualified entity in a position 66
104-for which screening is not required by law but which is allowed 67
105-under the National Child Protection Act. 68
106- (6) "Qualified entity" has the same meaning as provided in 69
107-s. 943.0542(1)(b). 70
108- (7)(5) "Specified agency" means the Department of Health, 71
109-the Department of Children and Families, the Division of 72
110-Vocational Rehabilitation within the Department of Education, 73
111-the Agency for Health Care Administration, the Department of 74
112-Elderly Affairs, the Department of Juvenile Justice, the Agency 75
90+effective dates. 53
91+ 54
92+Be It Enacted by the Legislature of the State of Florida: 55
93+ 56
94+ Section 1. Subsections (1), (2), (3), (4), (5), and (6) of 57
95+section 435.02, Florida Statutes, are renumbered as subsectio ns 58
96+(2), (3), (4), (5), (7), and (8), respectively, present 59
97+subsection (5) is amended, and new subsections (1) and (6) are 60
98+added to that section, to read: 61
99+ 435.02 Definitions. —For the purposes of this chapter, the 62
100+term: 63
101+ (1) "Affiliation" means employment by or serving as a 64
102+volunteer or contractor with a qualified entity in a position 65
103+for which screening is not required by law but which is allowed 66
104+under the National Child Protection Act. 67
105+ (6) "Qualified entity" has the same meaning as provided in 68
106+s. 943.0542(1)(b). 69
107+ (7)(5) "Specified agency" means the Department of Health, 70
108+the Department of Children and Families, the Division of 71
109+Vocational Rehabilitation within the Department of Education, 72
110+the Agency for Health Care Administration, the Department of 73
111+Elderly Affairs, the Department of Juvenile Justice, the Agency 74
112+for Persons with Disabilities, the Department of Education, each 75
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121121 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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125-for Persons with Disabilities, the Department of Education, each 76
126-district unit under s. 1001.30, special district units under s. 77
127-1011.24, the Florida School for the Deaf and the Blind under s. 78
128-1002.36, the Florida Virtual School under s. 1002.37, virtual 79
129-instruction programs under s. 1002.45, charter schools under s. 80
130-1002.33, hope operators under s. 1002.333, private schools 81
131-participating in an educ ational scholarship program under s. 82
132-1002.421, early learning coalitions under s. 1002.83, 83
133-alternative schools under s. 1008.341, regional workforce boards 84
134-providing services as defined in s. 445.002(3), and local 85
135-licensing agencies approved pursuant to s. 402.307, when these 86
136-agencies are conducting state and national criminal history 87
137-background screening on persons who work with children or 88
138-persons who are elderly or disabled. 89
139- Section 2. Paragraph (e) of paragraph (1) of section 90
140-435.04, Florida Statute s, is redesignated as paragraph (d), and 91
141-paragraphs (b) and (d) of that subsection are amended, to read: 92
142- 435.04 Level 2 screening standards. — 93
143- (1) 94
144- (b) Fingerprints submitted pursuant to this section on or 95
145-after July 1, 2012, must be submitted electroni cally to the 96
146-Department of Law Enforcement. 97
147- (d) An agency may require by rule that fingerprints 98
148-submitted pursuant to this section must be submitted 99
149-electronically to the Department of Law Enforcement on a date 100
125+district unit under s. 1001.30, special district units under s. 76
126+1011.24, the Florida School for the Deaf and the Blind under s. 77
127+1002.36, the Florida Virtual School under s. 1002.37, virtual 78
128+instruction programs under s. 1002.45, charter schools under s. 79
129+1002.33, hope operators under s. 1002.333, private schools 80
130+participating in an educational scholarship program under s. 81
131+1002.421, early learning coalitions under s. 1002.83, 82
132+alternative schools under s. 1008.341, regional workforce boards 83
133+providing services as defined in s. 445.002(3), and local 84
134+licensing agencies approved pursuant to s. 402.307, when these 85
135+agencies are conducting state a nd national criminal history 86
136+background screening on persons who work with children or 87
137+persons who are elderly or disabled. 88
138+ Section 2. Paragraph (e) of paragraph (1) of section 89
139+435.04, Florida Statutes, is redesignated as paragraph (d), and 90
140+paragraphs (b) and (d) of that subsection are amended, to read: 91
141+ 435.04 Level 2 screening standards. — 92
142+ (1) 93
143+ (b) Fingerprints submitted pursuant to this section on or 94
144+after July 1, 2012, must be submitted electronically to the 95
145+Department of Law Enforcement. 96
146+ (d) An agency may require by rule that fingerprints 97
147+submitted pursuant to this section must be submitted 98
148+electronically to the Department of Law Enforcement on a date 99
149+earlier than July 1, 2012. 100
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158158 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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162-earlier than July 1, 2012. 101
163- Section 3. Section 435.12, Florida Statutes, is amended to 102
164-read: 103
165- 435.12 Care Provider Background Screening Clearinghouse. — 104
166- (1) The Agency for Health Care Administration in 105
167-consultation with the Department of Law Enforcement shall create 106
168-a secure web-based system, which shall be known as the "Care 107
169-Provider Background Screening Clearinghouse" or 108
170-"clearinghouse.," and which shall be implemented to the full 109
171-extent practicable no later than September 30, 2013, subject to 110
172-the specified agencies being funded and equipped to participate 111
173-in such program. The clearinghouse shall allow the results of 112
174-criminal history checks provided to the specified agencies and, 113
175-beginning January 1, 2024, qualified entities participating in 114
176-the clearinghouse, for screening of persons qualifie d as care 115
177-providers under s. 943.0542 to be shared among the specified 116
178-agencies and such qualified entities when a person has applied 117
179-to volunteer, be employed, be licensed, or enter into a contract 118
180-that requires, or has an affiliation that allows for, a state 119
181-and national fingerprint -based criminal history check. The 120
182-Agency for Health Care Administration and the Department of Law 121
183-Enforcement may adopt rules to create forms or implement 122
184-procedures needed to carry out this section. 123
185- (2)(a) To ensure that th e information in the clearinghouse 124
186-is current, the fingerprints of a person an employee required to 125
162+ Section 3. Section 435.12, Florida Statutes, is amended to 101
163+read: 102
164+ 435.12 Care Provider Background Screening Clearinghouse. — 103
165+ (1) The Agency for Health Care Administration in 104
166+consultation with the Department of Law Enforcement shall create 105
167+a secure web-based system, which shall be known as the "Care 106
168+Provider Background Screening Clearinghouse" or 107
169+"clearinghouse.," and which shall be implemented to the full 108
170+extent practicable no later than September 30, 2013, subject to 109
171+the specified agencies being funded and equipped to participate 110
172+in such program. The clearinghouse shall allow the results of 111
173+criminal history checks provided to the specified agencies and, 112
174+beginning January 1, 2024, qualified entities participating in 113
175+the clearinghouse, for screening of persons qualified as care 114
176+providers under s. 943.0542 to be shared among the specified 115
177+agencies and such qualified entities when a person has applied 116
178+to volunteer, be employed, be licensed, or enter into a contract 117
179+that requires, or has an affiliation that allows for, a state 118
180+and national fingerprint -based criminal history check. The 119
181+Agency for Health Care Administration and the Department of Law 120
182+Enforcement may adopt rules to create forms or implement 121
183+procedures needed to carry out this section. 122
184+ (2)(a) To ensure that the information in the clearinghouse 123
185+is current, the fingerprints of a person an employee required to 124
186+be screened by a specified agency and included in the 125
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195195 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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199-be screened by a specified agency and included in the 126
200-clearinghouse must be: 127
201- 1. Retained by the Department of Law Enforcement pursuant 128
202-to s. 943.05(2)(g) and (h) and (3), and the Department of Law 129
203-Enforcement must report the results of searching those 130
204-fingerprints against state incoming arrest fingerprint 131
205-submissions to the Agency for Health Care Administration for 132
206-inclusion in the clearinghouse. 133
207- 2. Retained by the Federal Bureau of Investigation in the 134
208-national retained print arrest notification program as soon as 135
209-the Department of Law Enforcement begins participation in such 136
210-program. Arrest prints will be searched against retained prints 137
211-at the Federal Bureau of Investigation and notification of 138
212-arrests will be forwarded to the Florida Department of Law 139
213-Enforcement and reported to the Agency for Health Care 140
214-Administration for inclusion in the clearinghouse. 141
215- 3. Resubmitted for a Federal Bureau of Investi gation 142
216-national criminal history check every 5 years until such time as 143
217-the fingerprints are retained by the Federal Bureau of 144
218-Investigation. 145
219- 4. Subject to retention on a 5 -year renewal basis with 146
220-fees collected at the time of initial submission or resub mission 147
221-of fingerprints. 148
222- 5. Submitted with a photograph of the person taken at the 149
223-time the fingerprints are submitted. 150
199+clearinghouse must be: 126
200+ 1. Retained by the Department of Law Enforcement pursuant 127
201+to s. 943.05(2)(g) and (h) and (3), and the Department of Law 128
202+Enforcement must report the results of searching those 129
203+fingerprints against state incoming arrest fingerprint 130
204+submissions to the Agency for Health Care Administration for 131
205+inclusion in the clearinghouse. 132
206+ 2. Retained by the Federal Bureau of Investigation in the 133
207+national retained print arrest notification program as soon as 134
208+the Department of Law Enforcement begins participation in such 135
209+program. Arrest prints will be searched against retained prints 136
210+at the Federal Bureau of Investigation and notification of 137
211+arrests will be forwarded to the Florida Department of Law 138
212+Enforcement and reported to the Agency for Health Care 139
213+Administration for inclusion in the clearinghouse. 140
214+ 3. Resubmitted for a Federal Bureau of Investigation 141
215+national criminal history check ever y 5 years until such time as 142
216+the fingerprints are retained by the Federal Bureau of 143
217+Investigation. 144
218+ 4. Subject to retention on a 5 -year renewal basis with 145
219+fees collected at the time of initial submission or resubmission 146
220+of fingerprints. 147
221+ 5. Submitted with a photograph of the person taken at the 148
222+time the fingerprints are submitted. 149
223+ (b) Until such time as the fingerprints are enrolled in 150
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232232 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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236- (b) Until such time as the fingerprints are enrolled in 151
237-the national retained print arrest notification program at the 152
238-Federal Bureau of Investigation, an employee with a break in 153
239-service of more than 90 days from a position that requires 154
240-screening by a specified agency must submit to a national 155
241-screening if the person returns to a position that requires 156
242-screening by a specified agency . 157
243- (c) An employer of persons subject to screening or a 158
244-qualified entity participating in the clearinghouse by a 159
245-specified agency must register with the clearinghouse and 160
246-maintain the employment or affiliation status of all persons 161
247-included employees within the clearinghouse. Initial employment 162
248-or affiliation status and any changes in status must be reported 163
249-within 10 business days. 164
250- (d) An employer or a qualified entity participating in the 165
251-clearinghouse must register with and initiate all criminal 166
252-history checks through the clearinghouse before referring an 167
253-employee or potential employee or a person with a current or 168
254-potential affiliation with a qualified entity participating in 169
255-the clearinghouse for electronic fingerprint submission to the 170
256-Department of Law Enforcement. The registration must include the 171
257-employee's full first name, middle initial, and last name; 172
258-social security number; date of birth; mailing address; sex; and 173
259-race. Individuals, persons, applicants, and controlling 174
260-interests that cannot le gally obtain a social security number 175
236+the national retained print arrest notification program at the 151
237+Federal Bureau of Investigation, an employee with a brea k in 152
238+service of more than 90 days from a position that requires 153
239+screening by a specified agency must submit to a national 154
240+screening if the person returns to a position that requires 155
241+screening by a specified agency . 156
242+ (c) An employer of persons subject to s creening or a 157
243+qualified entity participating in the clearinghouse by a 158
244+specified agency must register with the clearinghouse and 159
245+maintain the employment or affiliation status of all persons 160
246+included employees within the clearinghouse. Initial employment 161
247+or affiliation status and any changes in status must be reported 162
248+within 10 business days. 163
249+ (d) An employer or a qualified entity participating in the 164
250+clearinghouse must register with and initiate all criminal 165
251+history checks through the clearinghouse before referring an 166
252+employee or potential employee or a person with a current or 167
253+potential affiliation with a qualified entity participating in 168
254+the clearinghouse for electronic fingerprint submission to the 169
255+Department of Law Enforcement. The registration must inc lude the 170
256+employee's full first name, middle initial, and last name; 171
257+social security number; date of birth; mailing address; sex; and 172
258+race. Individuals, persons, applicants, and controlling 173
259+interests that cannot legally obtain a social security number 174
260+must provide an individual taxpayer identification number. 175
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269269 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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273-must provide an individual taxpayer identification number. 176
274- (3)(a) Employees of each district unit under s. 1001.30, 177
275-special district units under s. 1011.24, the Florida School for 178
276-the Deaf and the Blind under s. 1002 .36, the Florida Virtual 179
277-School under s. 1002.37, virtual instruction programs under s. 180
278-1002.45, charter schools under s. 1002.33, hope operators under 181
279-s. 1002.333, private schools participating in an educational 182
280-scholarship program under s. 1002.421, earl y learning coalitions 183
281-under 1002.83, and alternative schools under s. 1008.341 must be 184
282-rescreened in compliance with the following schedule: 185
283- 1. Employees for whom the last screening was conducted on 186
284-or before June 30, 2019, must be rescreened by June 30, 2024. 187
285- 2. Employees for whom the last screening conducted was 188
286-between July 1, 2019, and June 30, 2021, must be rescreened by 189
287-June 30, 2025. 190
288- 3. Employees for whom the last screening conducted was 191
289-between July 1, 2021, and December 31, 2022, must be resc reened 192
290-by June 30, 2026. 193
291- (b) A person is not required to be rescreened before 194
292-January 1, 2023, solely for the purpose of retention under s. 195
293-435.12 if the person was screened before participation by the 196
294-specified agencies named in paragraph (3)(a) in the 197
295-clearinghouse. 198
296- (3) An employee who has undergone a fingerprint -based 199
297-criminal history check by a specified agency before the 200
273+ (3)(a) Employees of each district unit under s. 1001.30, 176
274+special district units under s. 1011.24, the Florida School for 177
275+the Deaf and the Blind under s. 1002.36, the Florida Virtual 178
276+School under s. 1002.37, virtual instruction programs under s. 179
277+1002.45, charter schools under s. 1002.33, hope operators under 180
278+s. 1002.333, private schools participating in an educational 181
279+scholarship program under s. 1002.421, early learning coalitions 182
280+under 1002.83, and al ternative schools under s. 1008.341 must be 183
281+rescreened in compliance with the following schedule: 184
282+ 1. Employees for whom the last screening was conducted on 185
283+or before June 30, 2019, must be rescreened by June 30, 2024. 186
284+ 2. Employees for whom the last scr eening conducted was 187
285+between July 1, 2019, and June 30, 2021, must be rescreened by 188
286+June 30, 2025. 189
287+ 3. Employees for whom the last screening conducted was 190
288+between July 1, 2021, and December 31, 2022, must be rescreened 191
289+by June 30, 2026. 192
290+ (b) A person is not required to be rescreened before 193
291+January 1, 2023, solely for the purpose of retention under s. 194
292+435.12 if the person was screened before participation by the 195
293+specified agencies named in paragraph (3)(a) in the 196
294+clearinghouse. 197
295+ (3) An employee who has un dergone a fingerprint -based 198
296+criminal history check by a specified agency before the 199
297+clearinghouse is operational is not required to be checked again 200
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306306 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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310-clearinghouse is operational is not required to be checked again 201
311-solely for the purpose of entry in the clearinghouse. Every 202
312-employee who is or will become subject to fingerprint -based 203
313-criminal history checks to be eligible to be licensed, have 204
314-their license renewed, or meet screening or rescreening 205
315-requirements by a specified agency once the specified agency 206
316-participates in the cle aringhouse shall be subject to the 207
317-requirements of this section with respect to entry of records in 208
318-the clearinghouse and retention of fingerprints for reporting 209
319-the results of searching against state incoming arrest 210
320-fingerprint submissions. 211
321- Section 4. Paragraph (a) of subsection (1), paragraphs (a) 212
322-and (b) of subsection (2), and subsection (4) of section 213
323-943.0438, Florida Statutes, are amended to read: 214
324- 943.0438 Athletic coaches for independent sanctioning 215
325-authorities.— 216
326- (1) As used in this section, the term: 217
327- (a) "Athletic coach" means a person who: 218
328- 1. Is authorized by an independent sanctioning authority 219
329-to work as a coach, assistant coach, or referee for 20 or more 220
330-hours within a calendar year , whether for compensation or as a 221
331-volunteer, for a youth athletic team based in this state; and 222
332- 2. Has direct contact with one or more minors on the youth 223
333-athletic team. 224
334- (2) An independent sanctioning authority shall: 225
310+solely for the purpose of entry in the clearinghouse. Every 201
311+employee who is or will become subject to finge rprint-based 202
312+criminal history checks to be eligible to be licensed, have 203
313+their license renewed, or meet screening or rescreening 204
314+requirements by a specified agency once the specified agency 205
315+participates in the clearinghouse shall be subject to the 206
316+requirements of this section with respect to entry of records in 207
317+the clearinghouse and retention of fingerprints for reporting 208
318+the results of searching against state incoming arrest 209
319+fingerprint submissions. 210
320+ Section 4. Paragraph (a) of subsection (1), paragraph s (a) 211
321+and (b) of subsection (2), and subsection (4) of section 212
322+943.0438, Florida Statutes, are amended to read: 213
323+ 943.0438 Athletic coaches for independent sanctioning 214
324+authorities.— 215
325+ (1) As used in this section, the term: 216
326+ (a) "Athletic coach" means a pe rson who: 217
327+ 1. Is authorized by an independent sanctioning authority 218
328+to work as a coach, assistant coach, or referee for 20 or more 219
329+hours within a calendar year , whether for compensation or as a 220
330+volunteer, for a youth athletic team based in this state; and 221
331+ 2. Has direct contact with one or more minors on the youth 222
332+athletic team. 223
333+ (2) An independent sanctioning authority shall: 224
334+ (a)1. Conduct a level 2 1 background screening pursuant to 225
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343343 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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347- (a)1. Conduct a level 2 1 background screening pursuant to 226
348-s. 435.04 s. 435.03 of each current and prospective athletic 227
349-coach. The authority may not delegate this responsibility to an 228
350-individual team and may not authorize any person to act as an 229
351-athletic coach unless a level 2 1 background screening has been 230
352-is conducted and has does not resulted result in 231
353-disqualification under paragraph (b). Level 1 background 232
354-screenings shall be conducted annually for each athletic coach. 233
355-For purposes of this section, a background screening shall 234
356-include a search of the athletic coach's name or ot her 235
357-identifying information against state and federal registries of 236
358-sexual predators and sexual offenders, which are available to 237
359-the public on Internet sites provided by: 238
360- a. The Department of Law Enforcement under s. 943.043; and 239
361- b. The Attorney Gener al of the United States under 42 240
362-U.S.C. s. 16920. 241
363- 2. For purposes of this section, a background screening 242
364-conducted by a commercial consumer reporting agency in 243
365-compliance with the federal Fair Credit Reporting Act using the 244
366-identifying information refer enced in subparagraph 1. that 245
367-includes a level 1 background screening and a search of that 246
368-information against the sexual predator and sexual offender 247
369-Internet sites listed in sub -subparagraphs 1.a. and b. shall be 248
370-deemed to satisfy the requirements of thi s paragraph. 249
371- (b) Disqualify any person from acting as an athletic coach 250
347+s. 435.04 s. 435.03 of each current and prospective athletic 226
348+coach. The authority may not delegate this responsibility to an 227
349+individual team and may not authorize any person to act as an 228
350+athletic coach unless a level 2 1 background screening has been 229
351+is conducted and has does not resulted result in 230
352+disqualification under paragraph (b). Level 1 background 231
353+screenings shall be conducted annually for each athletic coach. 232
354+For purposes of this section, a background screening shall 233
355+include a search of the athletic coach's name or ot her 234
356+identifying information against state and federal registries of 235
357+sexual predators and sexual offenders, which are available to 236
358+the public on Internet sites provided by: 237
359+ a. The Department of Law Enforcement under s. 943.043; and 238
360+ b. The Attorney Gener al of the United States under 42 239
361+U.S.C. s. 16920. 240
362+ 2. For purposes of this section, a background screening 241
363+conducted by a commercial consumer reporting agency in 242
364+compliance with the federal Fair Credit Reporting Act using the 243
365+identifying information refer enced in subparagraph 1. that 244
366+includes a level 1 background screening and a search of that 245
367+information against the sexual predator and sexual offender 246
368+Internet sites listed in sub -subparagraphs 1.a. and b. shall be 247
369+deemed to satisfy the requirements of thi s paragraph. 248
370+ (b) Disqualify any person from acting as an athletic coach 249
371+as provided in s. 435.04 s. 435.03 or if he or she is identified 250
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376376
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378-hb1505-03-c3
379-Page 11 of 40
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380380 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
381381
382382
383383
384-as provided in s. 435.04 s. 435.03 or if he or she is identified 251
385-on a registry described in paragraph (a) . The authority may 252
386-allow a person disqualified under this paragraph to act a s an 253
387-athletic coach if it determines that the person meets the 254
388-requirements for an exemption from disqualification under s. 255
389-435.07. 256
390- (4) The Legislature encourages Independent sanctioning 257
391-authorities for youth athletic teams shall to participate in the 258
392-Volunteer and Employee Criminal History System, as authorized by 259
393-the National Child Protection Act of 1993 and s. 943.0542. 260
394- Section 5. Paragraph (h) of subsection (2) of section 261
395-943.05, Florida Statutes, is amended, and paragraph (i) is added 262
396-to that subsection, to read: 263
397- 943.05 Criminal Justice Information Program; duties; crime 264
398-reports.— 265
399- (2) The program shall: 266
400- (h) For each specified agency under s. 435.02, each 267
401-qualified entity under s. 943.0542 participating in the Care 268
402-Provider Background Scre ening Clearinghouse under s. 435.12, or 269
403-any other agency or qualified entity that officially requests 270
404-retention of fingerprints or for which retention is otherwise 271
405-required by law, search all arrest fingerprint submissions 272
406-received under s. 943.051 against the fingerprints retained in 273
407-the statewide automated biometric identification system under 274
408-paragraph (g). 275
384+on a registry described in paragraph (a) . The authority may 251
385+allow a person disqualified under this paragraph to act a s an 252
386+athletic coach if it determines that the person meets the 253
387+requirements for an exemption from disqualification under s. 254
388+435.07. 255
389+ (4) The Legislature encourages Independent sanctioning 256
390+authorities for youth athletic teams shall to participate in the 257
391+Volunteer and Employee Criminal History System, as authorized by 258
392+the National Child Protection Act of 1993 and s. 943.0542. 259
393+ Section 5. Paragraph (h) of subsection (2) of section 260
394+943.05, Florida Statutes, is amended, and paragraph (i) is added 261
395+to that subsection, to read: 262
396+ 943.05 Criminal Justice Information Program; duties; crime 263
397+reports.— 264
398+ (2) The program shall: 265
399+ (h) For each specified agency under s. 435.02, each 266
400+qualified entity under s. 943.0542 participating in the Care 267
401+Provider Background Scre ening Clearinghouse under s. 435.12, or 268
402+any other agency or qualified entity that officially requests 269
403+retention of fingerprints or for which retention is otherwise 270
404+required by law, search all arrest fingerprint submissions 271
405+received under s. 943.051 against the fingerprints retained in 272
406+the statewide automated biometric identification system under 273
407+paragraph (g). 274
408+ 1. Any arrest record that is identified with the retained 275
409409
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417417 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
418418
419419
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421- 1. Any arrest record that is identified with the retained 276
422-fingerprints of a person subject to background screening as 277
423-provided in paragraph (g) sha ll be reported to the appropriate 278
424-agency or qualified entity. 279
425- 2. To participate in this search process, agencies or 280
426-qualified entities must notify each person fingerprinted that 281
427-his or her fingerprints will be retained, pay an annual fee to 282
428-the department unless otherwise provided by law, and inform the 283
429-department of any change in the affiliation, employment, or 284
430-contractual status of each person whose fingerprints are 285
431-retained under paragraph (g) if such change removes or 286
432-eliminates the agency or qualifie d entity's basis or need for 287
433-receiving reports of any arrest of that person, so that the 288
434-agency or qualified entity is not obligated to pay the upcoming 289
435-annual fee for the retention and searching of that person's 290
436-fingerprints to the department. The departm ent shall adopt a 291
437-rule setting the amount of the annual fee to be imposed upon 292
438-each participating agency or qualified entity for performing 293
439-these searches and establishing the procedures for the retention 294
440-of fingerprints and the dissemination of search res ults. The fee 295
441-may be borne by the agency, qualified entity, or person subject 296
442-to fingerprint retention or as otherwise provided by law. 297
443-Consistent with the recognition of criminal justice agencies 298
444-expressed in s. 943.053(3), these services shall be provide d to 299
445-criminal justice agencies for criminal justice purposes free of 300
421+fingerprints of a person subject to background screening as 276
422+provided in paragraph (g) sha ll be reported to the appropriate 277
423+agency or qualified entity. 278
424+ 2. To participate in this search process, agencies or 279
425+qualified entities must notify each person fingerprinted that 280
426+his or her fingerprints will be retained, pay an annual fee to 281
427+the department unless otherwise provided by law, and inform the 282
428+department of any change in the affiliation, employment, or 283
429+contractual status of each person whose fingerprints are 284
430+retained under paragraph (g) if such change removes or 285
431+eliminates the agency or qualifie d entity's basis or need for 286
432+receiving reports of any arrest of that person, so that the 287
433+agency or qualified entity is not obligated to pay the upcoming 288
434+annual fee for the retention and searching of that person's 289
435+fingerprints to the department. The departm ent shall adopt a 290
436+rule setting the amount of the annual fee to be imposed upon 291
437+each participating agency or qualified entity for performing 292
438+these searches and establishing the procedures for the retention 293
439+of fingerprints and the dissemination of search res ults. The fee 294
440+may be borne by the agency, qualified entity, or person subject 295
441+to fingerprint retention or as otherwise provided by law. 296
442+Consistent with the recognition of criminal justice agencies 297
443+expressed in s. 943.053(3), these services shall be provide d to 298
444+criminal justice agencies for criminal justice purposes free of 299
445+charge. Qualified entities that elect to participate in the 300
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450450
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454454 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
455455
456456
457457
458-charge. Qualified entities that elect to participate in the 301
459-fingerprint retention and search process are required to timely 302
460-remit the fee to the department by a payment mechanism approved 303
461-by the department. If requested by the qualified entity, and 304
462-with the approval of the department, such fees may be timely 305
463-remitted to the department by a qualified entity upon receipt of 306
464-an invoice for such fees from the department. Failure of a 307
465-qualified entity to pay the amount due on a timely basis or as 308
466-invoiced by the department may result in the refusal by the 309
467-department to permit the qualified entity to continue to 310
468-participate in the fingerprint retention and search process 311
469-until all fees due and ow ing are paid. 312
470- 3. Agencies that participate in the fingerprint retention 313
471-and search process may adopt rules pursuant to ss. 120.536(1) 314
472-and 120.54 to require employers to keep the agency informed of 315
473-any change in the affiliation, employment, or contractual status 316
474-of each person whose fingerprints are retained under paragraph 317
475-(g) if such change removes or eliminates the agency's basis or 318
476-need for receiving reports of any arrest of that person, so that 319
477-the agency is not obligated to pay the upcoming annual fe e for 320
478-the retention and searching of that person's fingerprints to the 321
479-department. 322
480- (i) Develop, for federal approval, a method for 323
481-identifying or verifying an individual through automated 324
482-biometrics. 325
458+fingerprint retention and search process are required to timely 301
459+remit the fee to the department by a payment mechanism approved 302
460+by the department. If requested by the qualified entity, and 303
461+with the approval of the department, such fees may be timely 304
462+remitted to the department by a qualified entity upon receipt of 305
463+an invoice for such fees from the department. Failure of a 306
464+qualified entity to pay the amount due on a timely basis or as 307
465+invoiced by the department may result in the refusal by the 308
466+department to permit the qualified entity to continue to 309
467+participate in the fingerprint retention and search process 310
468+until all fees due and ow ing are paid. 311
469+ 3. Agencies that participate in the fingerprint retention 312
470+and search process may adopt rules pursuant to ss. 120.536(1) 313
471+and 120.54 to require employers to keep the agency informed of 314
472+any change in the affiliation, employment, or contractual status 315
473+of each person whose fingerprints are retained under paragraph 316
474+(g) if such change removes or eliminates the agency's basis or 317
475+need for receiving reports of any arrest of that person, so that 318
476+the agency is not obligated to pay the upcoming annual fe e for 319
477+the retention and searching of that person's fingerprints to the 320
478+department. 321
479+ (i) Develop, for federal approval, a method for 322
480+identifying or verifying an individual through automated 323
481+biometrics. 324
482+ Section 6. Subsections (2), (3), and (4) of sectio n 325
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491491 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
492492
493493
494494
495- Section 6. Subsections (2), (3), and (4) of sectio n 326
496-943.0542, Florida Statutes, are amended to read: 327
497- 943.0542 Access to criminal history information provided 328
498-by the department to qualified entities. — 329
499- (2)(a) A qualified entity shall initiate all background 330
500-criminal history checks through the department beginning January 331
501-1, 2024, or a later date determined by the Agency for Health 332
502-Care Administration, through the Care Provider Background 333
503-Screening Clearinghouse under s. 435.12. 334
504- (a) If a qualified entity initiates a background criminal 335
505-history check through the department, the qualified entity must : 336
506- 1. Register with the department before submitting a 337
507-request for screening under this section. Each such request must 338
508-be voluntary and conform to the requirements established in the 339
509-National Child Protectio n Act of 1993, as amended. As a part of 340
510-the registration, the qualified entity must agree to comply with 341
511-state and federal law and must so indicate by signing an 342
512-agreement approved by the department. The department shall may 343
513-periodically audit qualified en tities to ensure compliance with 344
514-federal law and this section. 345
515- 2.(b) A qualified entity shall Submit to the department a 346
516-request for screening an employee or volunteer or person 347
517-applying to be an employee or volunteer by submitting 348
518-fingerprints, or the r equest may be submitted electronically. 349
519-The qualified entity must maintain a signed waiver allowing the 350
495+943.0542, Florida Statutes, are amended to read: 326
496+ 943.0542 Access to criminal history information provided 327
497+by the department to qualified entities. — 328
498+ (2)(a) A qualified entity shall initiate all background 329
499+criminal history checks through the department beginning January 330
500+1, 2024, or a later date determined by the Agency for Health 331
501+Care Administration, through the Care Provider Background 332
502+Screening Clearinghouse under s. 435.12. 333
503+ (a) If a qualified entity initiates a background criminal 334
504+history check through the department, the qualified entity must : 335
505+ 1. Register with the department before submitting a 336
506+request for screening under this section. Each such request must 337
507+be voluntary and conform to the requirements established in the 338
508+National Child Protectio n Act of 1993, as amended. As a part of 339
509+the registration, the qualified entity must agree to comply with 340
510+state and federal law and must so indicate by signing an 341
511+agreement approved by the department. The department shall may 342
512+periodically audit qualified en tities to ensure compliance with 343
513+federal law and this section. 344
514+ 2.(b) A qualified entity shall Submit to the department a 345
515+request for screening an employee or volunteer or person 346
516+applying to be an employee or volunteer by submitting 347
517+fingerprints, or the r equest may be submitted electronically. 348
518+The qualified entity must maintain a signed waiver allowing the 349
519+release of the state and national criminal history record 350
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528528 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
529529
530530
531531
532-release of the state and national criminal history record 351
533-information to the qualified entity. 352
534- 3.(c) Each such request must be accompanied by payment of 353
535-a fee for a statewide criminal history check by the department 354
536-established by s. 943.053, plus the amount currently prescribed 355
537-by the Federal Bureau of Investigation for the national criminal 356
538-history check in compliance with the National Child Protectio n 357
539-Act of 1993, as amended. Payments must be made in the manner 358
540-prescribed by the department by rule. 359
541- 4.(d) Any current or prospective employee or volunteer who 360
542-is subject to a request for screening must indicate to the 361
543-qualified entity submitting the req uest the name and address of 362
544-each qualified entity that has submitted a previous request for 363
545-screening regarding that employee or volunteer. 364
546- (b) If a qualified entity initiates a background criminal 365
547-history check through the clearinghouse, the qualified entity 366
548-must comply with s. 435.12. All fingerprints received under this 367
549-section must be entered into the clearinghouse as provided in s. 368
550-435.12. 369
551- (3) The clearinghouse or the department shall provide 370
552-directly to the qualified entity the state criminal his tory 371
553-records that are not exempt from disclosure under chapter 119 or 372
554-otherwise confidential under law. A person who is the subject of 373
555-a state criminal history record may challenge the record only as 374
556-provided in s. 943.056. 375
532+information to the qualified entity. 351
533+ 3.(c) Each such request must be accompanied by payment of 352
534+a fee for a statewide criminal history check by the department 353
535+established by s. 943.053, plus the amount currently prescribed 354
536+by the Federal Bureau of Investigation for the national criminal 355
537+history check in compliance with the National Child Protectio n 356
538+Act of 1993, as amended. Payments must be made in the manner 357
539+prescribed by the department by rule. 358
540+ 4.(d) Any current or prospective employee or volunteer who 359
541+is subject to a request for screening must indicate to the 360
542+qualified entity submitting the req uest the name and address of 361
543+each qualified entity that has submitted a previous request for 362
544+screening regarding that employee or volunteer. 363
545+ (b) If a qualified entity initiates a background criminal 364
546+history check through the clearinghouse, the qualified entity 365
547+must comply with s. 435.12. All fingerprints received under this 366
548+section must be entered into the clearinghouse as provided in s. 367
549+435.12. 368
550+ (3) The clearinghouse or the department shall provide 369
551+directly to the qualified entity the state criminal his tory 370
552+records that are not exempt from disclosure under chapter 119 or 371
553+otherwise confidential under law. A person who is the subject of 372
554+a state criminal history record may challenge the record only as 373
555+provided in s. 943.056. 374
556+ (4) The national criminal hist ory data is available to 375
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565565 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
566566
567567
568568
569- (4) The national criminal hist ory data is available to 376
570-qualified entities to use only for the purpose of screening 377
571-employees and volunteers or persons applying to be an employee 378
572-or volunteer with a qualified entity. The clearinghouse or the 379
573-department shall provide this national crimin al history record 380
574-information directly to the qualified entity as authorized by 381
575-the written waiver required for submission of a request to the 382
576-department. 383
577- Section 7. Paragraph (b) of subsection (6) of section 384
578-943.0585, Florida Statutes, is amended to r ead: 385
579- 943.0585 Court-ordered expunction of criminal history 386
580-records.— 387
581- (6) EFFECT OF EXPUNCTION ORDER. — 388
582- (b) The person who is the subject of a criminal history 389
583-record that is expunged under this section or under other 390
584-provisions of law, including forme r ss. 893.14, 901.33, and 391
585-943.058, may lawfully deny or fail to acknowledge the arrests 392
586-covered by the expunged record, except when the subject of the 393
587-record: 394
588- 1. Is a candidate for employment with a criminal justice 395
589-agency; 396
590- 2. Is a defendant in a crimi nal prosecution; 397
591- 3. Concurrently or subsequently petitions for relief under 398
592-this section, s. 943.0583, or s. 943.059; 399
593- 4. Is a candidate for admission to The Florida Bar; 400
569+qualified entities to use only for the purpose of screening 376
570+employees and volunteers or persons applying to be an employee 377
571+or volunteer with a qualified entity. The clearinghouse or the 378
572+department shall provide this national crimin al history record 379
573+information directly to the qualified entity as authorized by 380
574+the written waiver required for submission of a request to the 381
575+department. 382
576+ Section 7. Paragraph (b) of subsection (6) of section 383
577+943.0585, Florida Statutes, is amended to r ead: 384
578+ 943.0585 Court-ordered expunction of criminal history 385
579+records.— 386
580+ (6) EFFECT OF EXPUNCTION ORDER. — 387
581+ (b) The person who is the subject of a criminal history 388
582+record that is expunged under this section or under other 389
583+provisions of law, including forme r ss. 893.14, 901.33, and 390
584+943.058, may lawfully deny or fail to acknowledge the arrests 391
585+covered by the expunged record, except when the subject of the 392
586+record: 393
587+ 1. Is a candidate for employment with a criminal justice 394
588+agency; 395
589+ 2. Is a defendant in a crimi nal prosecution; 396
590+ 3. Concurrently or subsequently petitions for relief under 397
591+this section, s. 943.0583, or s. 943.059; 398
592+ 4. Is a candidate for admission to The Florida Bar; 399
593+ 5. Is seeking to be employed or licensed by or to contract 400
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602602 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
603603
604604
605605
606- 5. Is seeking to be employed or licensed by or to contract 401
607-with the Department o f Children and Families, the Division of 402
608-Vocational Rehabilitation within the Department of Education, 403
609-the Agency for Health Care Administration, the Agency for 404
610-Persons with Disabilities, the Department of Health, the 405
611-Department of Elderly Affairs, or the Department of Juvenile 406
612-Justice or to be employed or used by such contractor or licensee 407
613-in a sensitive position having direct contact with children, the 408
614-disabled, or the elderly; 409
615- 6.a. Is seeking to be employed or licensed by , or contract 410
616-with, the Department of Education, any district school board, 411
617-any university laboratory school, any charter school, a school 412
618-of hope, any private or parochial school, or any local 413
619-governmental entity that licenses child care facilities ; 414
620- b. Is seeking or to be employed or used by a contractor or 415
621-licensee under sub-subparagraph a.; or 416
622- c. Is a person screened under s. 1012.467 ; 417
623- 7. Is seeking to be licensed by the Division of Insurance 418
624-Agent and Agency Services within the Department of Financial 419
625-Services; or 420
626- 8. Is seeking to be appointed as a guardian pursuant to s. 421
627-744.3125. 422
628- Section 8. Paragraph (b) of subsection (6) of section 423
629-943.059, Florida Statutes, is amended to read: 424
630- 943.059 Court-ordered sealing of criminal history 425
606+with the Department o f Children and Families, the Division of 401
607+Vocational Rehabilitation within the Department of Education, 402
608+the Agency for Health Care Administration, the Agency for 403
609+Persons with Disabilities, the Department of Health, the 404
610+Department of Elderly Affairs, or the Department of Juvenile 405
611+Justice or to be employed or used by such contractor or licensee 406
612+in a sensitive position having direct contact with children, the 407
613+disabled, or the elderly; 408
614+ 6.a. Is seeking to be employed or licensed by , or contract 409
615+with, the Department of Education, any district school board, 410
616+any university laboratory school, any charter school, a school 411
617+of hope, any private or parochial school, or any local 412
618+governmental entity that licenses child care facilities ; 413
619+ b. Is seeking or to be employed or used by a contractor or 414
620+licensee under sub-subparagraph a.; or 415
621+ c. Is a person screened under s. 1012.467 ; 416
622+ 7. Is seeking to be licensed by the Division of Insurance 417
623+Agent and Agency Services within the Department of Financial 418
624+Services; or 419
625+ 8. Is seeking to be appointed as a guardian pursuant to s. 420
626+744.3125. 421
627+ Section 8. Paragraph (b) of subsection (6) of section 422
628+943.059, Florida Statutes, is amended to read: 423
629+ 943.059 Court-ordered sealing of criminal history 424
630+records.— 425
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639639 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
640640
641641
642642
643-records.— 426
644- (6) EFFECT OF ORDER. — 427
645- (b) The subject of the criminal history record sealed 428
646-under this section or under other provisions of law, including 429
647-former ss. 893.14, 901.33, and 943.058, may lawfully deny or 430
648-fail to acknowledge the arrests covered by the sealed record, 431
649-except when the subject of the record: 432
650- 1. Is a candidate for employment with a criminal justice 433
651-agency; 434
652- 2. Is a defendant in a criminal prosecution; 435
653- 3. Concurrently or subsequently petitions for relief under 436
654-this section, s. 943.0583, or s. 943.0585; 437
655- 4. Is a candidate for admission to The Florida Bar; 438
656- 5. Is seeking to be employed or licensed by or to contract 439
657-with the Department of Children and Families, the Division of 440
658-Vocational Rehabilitation within the Department of Education, 441
659-the Agency for Health Care Administ ration, the Agency for 442
660-Persons with Disabilities, the Department of Health, the 443
661-Department of Elderly Affairs, or the Department of Juvenile 444
662-Justice or to be employed or used by such contractor or licensee 445
663-in a sensitive position having direct contact with children, the 446
664-disabled, or the elderly; 447
665- 6.a. Is seeking to be employed or licensed by , or contract 448
666-with, the Department of Education, a district school board, a 449
667-university laboratory school, a charter school, a school of 450
643+ (6) EFFECT OF ORDER. — 426
644+ (b) The subject of the criminal history record sealed 427
645+under this section or under other provisions of law, including 428
646+former ss. 893.14, 901.33, and 943.058, may lawfully deny or 429
647+fail to acknowledge the arrests covered by the sealed record, 430
648+except when the subject of the record: 431
649+ 1. Is a candidate for employment with a criminal justice 432
650+agency; 433
651+ 2. Is a defendant in a criminal prosecution; 434
652+ 3. Concurrently or subsequently petitions for relief under 435
653+this section, s. 943.0583, or s. 943.0585; 436
654+ 4. Is a candidate for admission to The Florida Bar; 437
655+ 5. Is seeking to be employed or licensed by or to contract 438
656+with the Department of Children and Families, the Division of 439
657+Vocational Rehabilitation within the Department of Education, 440
658+the Agency for Health Care Admin istration, the Agency for 441
659+Persons with Disabilities, the Department of Health, the 442
660+Department of Elderly Affairs, or the Department of Juvenile 443
661+Justice or to be employed or used by such contractor or licensee 444
662+in a sensitive position having direct contact w ith children, the 445
663+disabled, or the elderly; 446
664+ 6.a. Is seeking to be employed or licensed by , or contract 447
665+with, the Department of Education, a district school board, a 448
666+university laboratory school, a charter school, a school of 449
667+hope, a private or parochial school, or a local governmental 450
668668
669-CS/CS/CS/HB 1505 2022
669+CS/CS/HB 1505 2022
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671671
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673673 CODING: Words stricken are deletions; words underlined are additions.
674-hb1505-03-c3
675-Page 19 of 40
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675+Page 19 of 39
676676 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
677677
678678
679679
680-hope, a private or parochial school, or a local governmental 451
681-entity that licenses child care facilities; 452
682- b Is seeking or to be employed or used by a contractor or 453
683-licensee under subparagraph a.; or 454
684- c. Is a person screened under s. 1012.467; 455
685- 7. Is attempting to purchase a firearm from a licensed 456
686-importer, licensed manufacturer, or licensed dealer and is 457
687-subject to a criminal history check under state or federal law; 458
688- 8. Is seeking to be licensed by the Division of Insurance 459
689-Agent and Agency Services within the Department of Financial 460
690-Services; 461
691- 9. Is seeking to be appointed as a guardian pursuant to s. 462
692-744.3125; or 463
693- 10. Is seeking to be licensed by the Bureau of License 464
694-Issuance of the Division of Licensing within the Department of 465
695-Agriculture and Consume r Services to carry a concealed weapon or 466
696-concealed firearm. This subparagraph applies only in the 467
697-determination of an applicant's eligibility under s. 790.06. 468
698- Section 9. Effective January 1, 2023, paragraph (e) of 469
699-subsection (1) of section 1002.421, F lorida Statutes, is amended 470
700-to read: 471
701- 1002.421 State school choice scholarship program 472
702-accountability and oversight. — 473
703- (1) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS. —A private 474
704-school participating in an educational scholarship program 475
680+entity that licenses child care facilities; 451
681+ b Is seeking or to be employed or used by a contractor or 452
682+licensee under subparagraph a.; or 453
683+ c. Is a person screened under s. 1012.467; 454
684+ 7. Is attempting to purchase a firearm from a licensed 455
685+importer, licensed manufacturer, or licensed dealer and is 456
686+subject to a criminal history check under state or federal law; 457
687+ 8. Is seeking to be licensed by the Division of Insurance 458
688+Agent and Agency Services within the Department of Finan cial 459
689+Services; 460
690+ 9. Is seeking to be appointed as a guardian pursuant to s. 461
691+744.3125; or 462
692+ 10. Is seeking to be licensed by the Bureau of License 463
693+Issuance of the Division of Licensing within the Department of 464
694+Agriculture and Consumer Services to carry a co ncealed weapon or 465
695+concealed firearm. This subparagraph applies only in the 466
696+determination of an applicant's eligibility under s. 790.06. 467
697+ Section 9. Effective January 1, 2023, paragraph (e) of 468
698+subsection (1) of section 1002.421, Florida Statutes, is amen ded 469
699+to read: 470
700+ 1002.421 State school choice scholarship program 471
701+accountability and oversight. — 472
702+ (1) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS. —A private 473
703+school participating in an educational scholarship program 474
704+established pursuant to this chapter must be a private school as 475
705705
706-CS/CS/CS/HB 1505 2022
706+CS/CS/HB 1505 2022
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708708
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711-hb1505-03-c3
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713713 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
714714
715715
716716
717-established pursuant to this chapter must be a private school as 476
718-defined in s. 1002.01(2) in this state, be registered, and be in 477
719-compliance with all requirements of this section in addition to 478
720-private school requirements outlined in s. 1002.42, specific 479
721-requirements identified within respective scholarship program 480
722-laws, and other provisions of Florida law that apply to private 481
723-schools, and must: 482
724- (e) Annually complete and submit to the department a 483
725-notarized scholarship compliance statement certifying that all 484
726-school employees and contracted personnel with direct student 485
727-contact have undergone background screening pursuant to s. 486
728-435.12 s. 943.0542 and have met the screening standards as 487
729-provided in s. 435.04. 488
730- 489
731-The department shall suspend the payment of funds to a private 490
732-school that knowingly fails to comply with this subsection, and 491
733-shall prohibit the school from enrolling new scholarship 492
734-students, for 1 fiscal year and until the school complies. If a 493
735-private school fails to meet the requirements of this subsection 494
736-or has consecutive years of material exceptions listed in the 495
737-report required under paragraph (q), the commissioner may 496
738-determine that the private school is ineligible to participate 497
739-in a scholarship program. 498
740- Section 10. Effective January 1, 2023, section 101 2.315, 499
741-Florida Statutes, is amended to read: 500
717+defined in s. 1002.01(2) in this state, be registered, and be in 476
718+compliance with all requirements of this section in addition to 477
719+private school requirements outlined in s. 1002.42, specific 478
720+requirements identified within respective s cholarship program 479
721+laws, and other provisions of Florida law that apply to private 480
722+schools, and must: 481
723+ (e) Annually complete and submit to the department a 482
724+notarized scholarship compliance statement certifying that all 483
725+school employees and contracted pers onnel with direct student 484
726+contact have undergone background screening pursuant to s. 485
727+435.12 s. 943.0542 and have met the screening standards as 486
728+provided in s. 435.04. 487
729+ 488
730+The department shall suspend the payment of funds to a private 489
731+school that knowingly fai ls to comply with this subsection, and 490
732+shall prohibit the school from enrolling new scholarship 491
733+students, for 1 fiscal year and until the school complies. If a 492
734+private school fails to meet the requirements of this subsection 493
735+or has consecutive years of mat erial exceptions listed in the 494
736+report required under paragraph (q), the commissioner may 495
737+determine that the private school is ineligible to participate 496
738+in a scholarship program. 497
739+ Section 10. Effective January 1, 2023, section 1012.315, 498
740+Florida Statutes, is amended to read: 499
741+ 1012.315 Screening standards. —A person is ineligible for 500
742742
743-CS/CS/CS/HB 1505 2022
743+CS/CS/HB 1505 2022
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745745
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748-hb1505-03-c3
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750750 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
751751
752752
753753
754- 1012.315 Screening standards. —A person is ineligible for 501
755-educator certification or employment in any position that 502
756-requires direct contact with students in a district school 503
757-system, a charter school, or a priv ate school that participates 504
758-in a state scholarship program under chapter 1002 if the person 505
759-is on the disqualification list maintained by the department 506
760-pursuant to s. 1001.10(4)(b), is registered as a sex offender as 507
761-described in 42 U.S.C. s. 9858f(c)(1) (C), would be ineligible 508
762-for an exemption under s. 435.07(4)(c), or has been convicted or 509
763-found guilty of, has had adjudication withheld for, or has pled 510
764-guilty or nolo contendere to: 511
765- (1) Any felony offense prohibited under any of the 512
766-following statutes: 513
767- (a) Section 393.135, relating to sexual misconduct with 514
768-certain developmentally disabled clients and reporting of such 515
769-sexual misconduct. 516
770- (b) Section 394.4593, relating to sexual misconduct with 517
771-certain mental health patients and reporting of such sexual 518
772-misconduct. 519
773- (c) Section 415.111, relating to adult abuse, neglect, or 520
774-exploitation of aged persons or disabled adults. 521
775- (d) Section 782.04, relating to murder. 522
776- (e) Section 782.07, relating to manslaughter, aggravated 523
777-manslaughter of an elderly person or disabled adult, aggravated 524
778-manslaughter of a child, or aggravated manslaughter of an 525
754+educator certification or employment in any position that 501
755+requires direct contact with students in a district school 502
756+system, a charter school, or a private school that particip ates 503
757+in a state scholarship program under chapter 1002 if the person 504
758+is on the disqualification list maintained by the department 505
759+pursuant to s. 1001.10(4)(b), is registered as a sex offender as 506
760+described in 42 U.S.C. s. 9858f(c)(1)(C), would be ineligible 507
761+for an exemption under s. 435.07(4)(c), or has been convicted or 508
762+found guilty of, has had adjudication withheld for, or has pled 509
763+guilty or nolo contendere to: 510
764+ (1) Any felony offense prohibited under any of the 511
765+following statutes: 512
766+ (a) Section 393.135, relating to sexual misconduct with 513
767+certain developmentally disabled clients and reporting of such 514
768+sexual misconduct. 515
769+ (b) Section 394.4593, relating to sexual misconduct with 516
770+certain mental health patients and reporting of such sexual 517
771+misconduct. 518
772+ (c) Section 415.111, relating to adult abuse, neglect, or 519
773+exploitation of aged persons or disabled adults. 520
774+ (d) Section 782.04, relating to murder. 521
775+ (e) Section 782.07, relating to manslaughter, aggravated 522
776+manslaughter of an elderly person or disabled adult, a ggravated 523
777+manslaughter of a child, or aggravated manslaughter of an 524
778+officer, a firefighter, an emergency medical technician, or a 525
779779
780-CS/CS/CS/HB 1505 2022
780+CS/CS/HB 1505 2022
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785-hb1505-03-c3
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787787 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
788788
789789
790790
791-officer, a firefighter, an emergency medical technician, or a 526
792-paramedic. 527
793- (f) Section 784.021, relating to aggravated assault. 528
794- (g) Section 784.045, relating t o aggravated battery. 529
795- (h) Section 784.075, relating to battery on a detention or 530
796-commitment facility staff member or a juvenile probation 531
797-officer. 532
798- (i) Section 787.01, relating to kidnapping. 533
799- (j) Section 787.02, relating to false imprisonment. 534
800- (k) Section 787.025, relating to luring or enticing a 535
801-child. 536
802- (l) Section 787.04(2), relating to leading, taking, 537
803-enticing, or removing a minor beyond the state limits, or 538
804-concealing the location of a minor, with criminal intent pending 539
805-custody proceedings. 540
806- (m) Section 787.04(3), relating to leading, taking, 541
807-enticing, or removing a minor beyond the state limits, or 542
808-concealing the location of a minor, with criminal intent pending 543
809-dependency proceedings or proceedings concerning alleged abuse 544
810-or neglect of a minor. 545
811- (n) Section 790.115(1), relating to exhibiting firearms or 546
812-weapons at a school-sponsored event, on school property, or 547
813-within 1,000 feet of a school. 548
814- (o) Section 790.115(2)(b), relating to possessing an 549
815-electric weapon or device, destructive devic e, or other weapon 550
791+paramedic. 526
792+ (f) Section 784.021, relating to aggravated assault. 527
793+ (g) Section 784.045, relating to aggravated battery. 528
794+ (h) Section 784.075, relating to battery on a detention or 529
795+commitment facility staff member or a juvenile probation 530
796+officer. 531
797+ (i) Section 787.01, relating to kidnapping. 532
798+ (j) Section 787.02, relating to false imprisonment. 533
799+ (k) Section 787.025, relating to luring or enticing a 534
800+child. 535
801+ (l) Section 787.04(2), relating to leading, taking, 536
802+enticing, or removing a minor beyond the state limits, or 537
803+concealing the location of a minor, with criminal intent pending 538
804+custody proceedings. 539
805+ (m) Section 787.04(3), rela ting to leading, taking, 540
806+enticing, or removing a minor beyond the state limits, or 541
807+concealing the location of a minor, with criminal intent pending 542
808+dependency proceedings or proceedings concerning alleged abuse 543
809+or neglect of a minor. 544
810+ (n) Section 790.115( 1), relating to exhibiting firearms or 545
811+weapons at a school-sponsored event, on school property, or 546
812+within 1,000 feet of a school. 547
813+ (o) Section 790.115(2)(b), relating to possessing an 548
814+electric weapon or device, destructive device, or other weapon 549
815+at a school-sponsored event or on school property. 550
816816
817-CS/CS/CS/HB 1505 2022
817+CS/CS/HB 1505 2022
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824824 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
825825
826826
827827
828-at a school-sponsored event or on school property. 551
829- (p) Section 794.011, relating to sexual battery. 552
830- (q) Former s. 794.041, relating to sexual activity with or 553
831-solicitation of a child by a person in familial or custodial 554
832-authority. 555
833- (r) Section 794.05, relating to unlawful sexual activity 556
834-with certain minors. 557
835- (s) Section 794.08, relating to female genital mutilation. 558
836- (t) Chapter 796, relating to prostitution. 559
837- (u) Chapter 800, relating to lewdness and indecent 560
838-exposure. 561
839- (v) Section 800.101, relating to offenses against students 562
840-by authority figures. 563
841- (w) Section 806.01, relating to arson. 564
842- (x) Section 810.14, relating to voyeurism. 565
843- (y) Section 810.145, relating to video voyeurism. 566
844- (z) Section 812.014(6), relating to coordi nating the 567
845-commission of theft in excess of $3,000. 568
846- (aa) Section 812.0145, relating to theft from persons 65 569
847-years of age or older. 570
848- (bb) Section 812.019, relating to dealing in stolen 571
849-property. 572
850- (cc) Section 812.13, relating to robbery. 573
851- (dd) Section 812.131, relating to robbery by sudden 574
852-snatching. 575
828+ (p) Section 794.011, relating to sexual battery. 551
829+ (q) Former s. 794.041, relating to sexual activity with or 552
830+solicitation of a child by a person in familial or custodial 553
831+authority. 554
832+ (r) Section 794.05, relatin g to unlawful sexual activity 555
833+with certain minors. 556
834+ (s) Section 794.08, relating to female genital mutilation. 557
835+ (t) Chapter 796, relating to prostitution. 558
836+ (u) Chapter 800, relating to lewdness and indecent 559
837+exposure. 560
838+ (v) Section 800.101, relating to o ffenses against students 561
839+by authority figures. 562
840+ (w) Section 806.01, relating to arson. 563
841+ (x) Section 810.14, relating to voyeurism. 564
842+ (y) Section 810.145, relating to video voyeurism. 565
843+ (z) Section 812.014(6), relating to coordinating the 566
844+commission of theft in excess of $3,000. 567
845+ (aa) Section 812.0145, relating to theft from persons 65 568
846+years of age or older. 569
847+ (bb) Section 812.019, relating to dealing in stolen 570
848+property. 571
849+ (cc) Section 812.13, relating to robbery. 572
850+ (dd) Section 812.131, relating to robbery by sudden 573
851+snatching. 574
852+ (ee) Section 812.133, relating to carjacking. 575
853853
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854+CS/CS/HB 1505 2022
855855
856856
857857
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859-hb1505-03-c3
860-Page 24 of 40
859+hb1505-02-c2
860+Page 24 of 39
861861 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
862862
863863
864864
865- (ee) Section 812.133, relating to carjacking. 576
866- (ff) Section 812.135, relating to home -invasion robbery. 577
867- (gg) Section 817.563, relating to fraudulent sale of 578
868-controlled substances. 579
869- (hh) Section 825.102, relating to abuse, aggravated abuse, 580
870-or neglect of an elderly person or disabled adult. 581
871- (ii) Section 825.103, relating to exploitation of an 582
872-elderly person or disabled adult. 583
873- (jj) Section 825.1025, relating to lewd or lascivious 584
874-offenses committed upon or in the presence of an elderly person 585
875-or disabled person. 586
876- (kk) Section 826.04, relating to incest. 587
877- (ll) Section 827.03, relating to child abuse, aggravated 588
878-child abuse, or neglect of a child. 589
879- (mm) Section 827.04, relating to contributing to th e 590
880-delinquency or dependency of a child. 591
881- (nn) Section 827.071, relating to sexual performance by a 592
882-child. 593
883- (oo) Section 843.01, relating to resisting arrest with 594
884-violence. 595
885- (pp) Chapter 847, relating to obscenity. 596
886- (qq) Section 874.05, relating to caus ing, encouraging, 597
887-soliciting, or recruiting another to join a criminal street 598
888-gang. 599
889- (rr) Chapter 893, relating to drug abuse prevention and 600
865+ (ff) Section 812.135, relating to home -invasion robbery. 576
866+ (gg) Section 817.563, relating to fraudulent sale of 577
867+controlled substances. 578
868+ (hh) Section 825.102, relating to abuse, aggravated abuse, 579
869+or neglect of an elderly person or disabled adult. 580
870+ (ii) Section 825.103, relating to exploitation of an 581
871+elderly person or disabled adult. 582
872+ (jj) Section 825.1025, relating to lewd or lascivious 583
873+offenses committed upon or in the presenc e of an elderly person 584
874+or disabled person. 585
875+ (kk) Section 826.04, relating to incest. 586
876+ (ll) Section 827.03, relating to child abuse, aggravated 587
877+child abuse, or neglect of a child. 588
878+ (mm) Section 827.04, relating to contributing to the 589
879+delinquency or depen dency of a child. 590
880+ (nn) Section 827.071, relating to sexual performance by a 591
881+child. 592
882+ (oo) Section 843.01, relating to resisting arrest with 593
883+violence. 594
884+ (pp) Chapter 847, relating to obscenity. 595
885+ (qq) Section 874.05, relating to causing, encouraging, 596
886+soliciting, or recruiting another to join a criminal street 597
887+gang. 598
888+ (rr) Chapter 893, relating to drug abuse prevention and 599
889+control, if the offense was a felony of the second degree or 600
890890
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891+CS/CS/HB 1505 2022
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896-hb1505-03-c3
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898898 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
899899
900900
901901
902-control, if the offense was a felony of the second degree or 601
903-greater severity. 602
904- (ss) Section 916.1075, relating t o sexual misconduct with 603
905-certain forensic clients and reporting of such sexual 604
906-misconduct. 605
907- (tt) Section 944.47, relating to introduction, removal, or 606
908-possession of contraband at a correctional facility. 607
909- (uu) Section 985.701, relating to sexual miscondu ct in 608
910-juvenile justice programs. 609
911- (vv) Section 985.711, relating to introduction, removal, 610
912-or possession of contraband at a juvenile detention facility or 611
913-commitment program. 612
914- (2) Any misdemeanor offense prohibited under any of the 613
915-following statutes: 614
916- (a) Section 784.03, relating to battery, if the victim of 615
917-the offense was a minor. 616
918- (b) Section 787.025, relating to luring or enticing a 617
919-child. 618
920- (3) Any criminal act committed in another state or under 619
921-federal law which, if committed in this state, cons titutes an 620
922-offense prohibited under any statute listed in subsection (1) or 621
923-subsection (2). 622
924- (4) Any delinquent act committed in this state or any 623
925-delinquent or criminal act committed in another state or under 624
926-federal law which, if committed in this state , qualifies an 625
902+greater severity. 601
903+ (ss) Section 916.1075, relating to sexual misconduct wi th 602
904+certain forensic clients and reporting of such sexual 603
905+misconduct. 604
906+ (tt) Section 944.47, relating to introduction, removal, or 605
907+possession of contraband at a correctional facility. 606
908+ (uu) Section 985.701, relating to sexual misconduct in 607
909+juvenile justice programs. 608
910+ (vv) Section 985.711, relating to introduction, removal, 609
911+or possession of contraband at a juvenile detention facility or 610
912+commitment program. 611
913+ (2) Any misdemeanor offense prohibited under any of the 612
914+following statutes: 613
915+ (a) Section 784.03, re lating to battery, if the victim of 614
916+the offense was a minor. 615
917+ (b) Section 787.025, relating to luring or enticing a 616
918+child. 617
919+ (3) Any criminal act committed in another state or under 618
920+federal law which, if committed in this state, constitutes an 619
921+offense prohibited under any statute listed in subsection (1) or 620
922+subsection (2). 621
923+ (4) Any delinquent act committed in this state or any 622
924+delinquent or criminal act committed in another state or under 623
925+federal law which, if committed in this state, qualifies an 624
926+individual for inclusion on the Registered Juvenile Sex Offender 625
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935935 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
936936
937937
938938
939-individual for inclusion on the Registered Juvenile Sex Offender 626
940-List under s. 943.0435(1)(h)1.d. 627
941- Section 11. The changes made to s. 1012.315, Florida 628
942-Statutes, by this act apply to individuals who are screened 629
943-after January 1, 2024. 630
944- Section 12. Effective January 1, 2023, subsections (2) and 631
945-(3) of section 1012.32, Florida Statutes, are amended to read: 632
946- 1012.32 Qualifications of personnel. — 633
947- (2)(a) Instructional and noninstructional personnel who 634
948-are hired or contracted to fill pos itions that require direct 635
949-contact with students in any district school system or 636
950-university lab school must, upon employment or engagement to 637
951-provide services, undergo background screening as required under 638
952-s. 1012.465 or s. 1012.56, whichever is applicab le. 639
953- (b)1. Instructional and noninstructional personnel who are 640
954-hired or contracted to fill positions in a charter school other 641
955-than a school of hope as defined in s. 1002.333, and members of 642
956-the governing board of such charter school, in compliance with 643
957-s. 1002.33(12)(g), upon employment, engagement of services, or 644
958-appointment, shall undergo background screening as required 645
959-under s. 1012.465 or s. 1012.56, whichever is applicable , by 646
960-filing with the district school board for the school district in 647
961-which the charter school is located a complete set of 648
962-fingerprints taken by an authorized law enforcement agency or an 649
963-employee of the school or school district who is trained to take 650
939+List under s. 943.0435(1)(h)1.d. 626
940+ Section 11. The changes made to s. 1012.315, Florida 627
941+Statutes, by this act apply to individuals who are screened 628
942+after January 1, 2024. 629
943+ Section 12. Effective January 1, 2023, subsections (2) and 630
944+(3) of section 1012.32, Florida Statutes, are amended to read: 631
945+ 1012.32 Qualifications of personnel. — 632
946+ (2)(a) Instructional and noninstructional personnel who 633
947+are hired or contracted to fill positions that require di rect 634
948+contact with students in any district school system or 635
949+university lab school must, upon employment or engagement to 636
950+provide services, undergo background screening as required under 637
951+s. 1012.465 or s. 1012.56, whichever is applicable. 638
952+ (b)1. Instructional and noninstructional personnel who are 639
953+hired or contracted to fill positions in a charter school other 640
954+than a school of hope as defined in s. 1002.333, and members of 641
955+the governing board of such charter school, in compliance with 642
956+s. 1002.33(12)(g), upo n employment, engagement of services, or 643
957+appointment, shall undergo background screening as required 644
958+under s. 1012.465 or s. 1012.56, whichever is applicable , by 645
959+filing with the district school board for the school district in 646
960+which the charter school is l ocated a complete set of 647
961+fingerprints taken by an authorized law enforcement agency or an 648
962+employee of the school or school district who is trained to take 649
963+fingerprints. 650
964964
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967967
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969969 CODING: Words stricken are deletions; words underlined are additions.
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972972 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
973973
974974
975975
976-fingerprints. 651
977- 2. Instructional and noninstructional personnel who are 652
978-hired or contracted to fill positions in a school of hope as 653
979-defined in s. 1002.333, and members of the governing board of 654
980-such school of hope, upon employment, engagement of services, or 655
981-appointment, shall undergo background screening as required 656
982-under s. 1012.465 or s. 1012.56, whichever is applicable file 657
983-with the school of hope a complete set of fingerprints taken by 658
984-an authorized law enforcement agency, by an employee of the 659
985-school of hope or sch ool district who is trained to take 660
986-fingerprints, or by any other entity recognized by the 661
987-Department of Law Enforcement to take fingerprints . 662
988- (c) Instructional and noninstructional personnel who are 663
989-hired or contracted to fill positions that require dir ect 664
990-contact with students in an alternative school that operates 665
991-under contract with a district school system must, upon 666
992-employment or engagement to provide services, undergo background 667
993-screening as required under s. 1012.465 or s. 1012.56, whichever 668
994-is applicable, by filing with the district school board for the 669
995-school district to which the alternative school is under 670
996-contract a complete set of fingerprints taken by an authorized 671
997-law enforcement agency or an employee of the school or school 672
998-district who is trained to take fingerprints . 673
999- (d) Student teachers and persons participating in a field 674
1000-experience pursuant to s. 1004.04(5) or s. 1004.85 in any 675
976+ 2. Instructional and noninstructional personnel who are 651
977+hired or contracted to fill positions in a school of hope as 652
978+defined in s. 1002.333, and members of the governing board of 653
979+such school of hope, upon employment, engagement of services, or 654
980+appointment, shall undergo background screening as required 655
981+under s. 1012.465 or s. 1012.56, whichever is applicable file 656
982+with the school of hope a complete set of fingerprints taken by 657
983+an authorized law enforcement agency, by an employee of the 658
984+school of hope or sch ool district who is trained to take 659
985+fingerprints, or by any other entity recognized by the 660
986+Department of Law Enforcement to take fingerprints . 661
987+ (c) Instructional and noninstructional personnel who are 662
988+hired or contracted to fill positions that require dir ect 663
989+contact with students in an alternative school that operates 664
990+under contract with a district school system must, upon 665
991+employment or engagement to provide services, undergo background 666
992+screening as required under s. 1012.465 or s. 1012.56, whichever 667
993+is applicable, by filing with the district school board for the 668
994+school district to which the alternative school is under 669
995+contract a complete set of fingerprints taken by an authorized 670
996+law enforcement agency or an employee of the school or school 671
997+district who is trained to take fingerprints . 672
998+ (d) Student teachers and persons participating in a field 673
999+experience pursuant to s. 1004.04(5) or s. 1004.85 in any 674
1000+district school system, lab school, or charter school must, upon 675
10011001
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10041004
10051005
10061006 CODING: Words stricken are deletions; words underlined are additions.
1007-hb1505-03-c3
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10091009 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
10101010
10111011
10121012
1013-district school system, lab school, or charter school must, upon 676
1014-engagement to provide services, undergo ba ckground screening as 677
1015-required under s. 1012.56. 678
1016- 679
1017-Required fingerprints must be submitted to the Department of Law 680
1018-Enforcement for statewide criminal and juvenile records checks 681
1019-and to the Federal Bureau of Investigation for federal criminal 682
1020-records checks. A person subject to this subsection who is found 683
1021-ineligible for employment under s. 1012.315, or otherwise found 684
1022-through background screening to have been convicted of any crime 685
1023-involving moral turpitude as defined by rule of the State Board 686
1024-of Education, may shall not be employed, engaged to provide 687
1025-services, or serve in any position that requires direct contact 688
1026-with students. Probationary persons subject to this subsection 689
1027-terminated because of their criminal record have the right to 690
1028-appeal such decisions. The cost of the background screening may 691
1029-be borne by the employer district school board, the charter 692
1030-school, the employee, the contractor, or a person subject to 693
1031-this subsection. A district school board shall reimburse a 694
1032-charter school the cost of back ground screening if it does not 695
1033-notify the charter school of the eligibility of a governing 696
1034-board member or instructional or noninstructional personnel 697
1035-within the earlier of 14 days after receipt of the background 698
1036-screening results from the Florida Departm ent of Law Enforcement 699
1037-or 30 days of submission of fingerprints by the governing board 700
1013+engagement to provide services, undergo ba ckground screening as 676
1014+required under s. 1012.56. 677
1015+ 678
1016+Required fingerprints must be submitted to the Department of Law 679
1017+Enforcement for statewide criminal and juvenile records checks 680
1018+and to the Federal Bureau of Investigation for federal criminal 681
1019+records checks. A person subject to this subsection who is found 682
1020+ineligible for employment under s. 1012.315, or otherwise found 683
1021+through background screening to have been convicted of any crime 684
1022+involving moral turpitude as defined by rule of the State Board 685
1023+of Education, may shall not be employed, engaged to provide 686
1024+services, or serve in any position that requires direct contact 687
1025+with students. Probationary persons subject to this subsection 688
1026+terminated because of their criminal record have the right to 689
1027+appeal such decisions. The cost of the background screening may 690
1028+be borne by the employer district school board, the charter 691
1029+school, the employee, the contractor, or a person subject to 692
1030+this subsection. A district school board shall reimburse a 693
1031+charter school the cost of back ground screening if it does not 694
1032+notify the charter school of the eligibility of a governing 695
1033+board member or instructional or noninstructional personnel 696
1034+within the earlier of 14 days after receipt of the background 697
1035+screening results from the Florida Departm ent of Law Enforcement 698
1036+or 30 days of submission of fingerprints by the governing board 699
1037+member or instructional or noninstructional personnel. 700
10381038
1039-CS/CS/CS/HB 1505 2022
1039+CS/CS/HB 1505 2022
10401040
10411041
10421042
10431043 CODING: Words stricken are deletions; words underlined are additions.
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10461046 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
10471047
10481048
10491049
1050-member or instructional or noninstructional personnel. 701
1051- (3) A background screening required under this section 702
1052-shall be conducted in accordance with s. 435.12. 703
1053- (3)(a) All fingerprints submitted to the Department of Law 704
1054-Enforcement as required by subsection (2) shall be retained by 705
1055-the Department of Law Enforcement in a manner provided by rule 706
1056-and entered in the statewide automated biometric identification 707
1057-system authorized by s. 943.05(2)(b). Such fingerprints shall 708
1058-thereafter be available for all purposes and uses authorized for 709
1059-arrest fingerprints entered in the statewide automated biometric 710
1060-identification system pursuant to s. 943.051. 711
1061- (b) The Department of Law Enf orcement shall search all 712
1062-arrest fingerprints received under s. 943.051 against the 713
1063-fingerprints retained in the statewide automated biometric 714
1064-identification system under paragraph (a). Any arrest record 715
1065-that is identified with the retained fingerprints of a person 716
1066-subject to the background screening under this section shall be 717
1067-reported to the employing or contracting school district or the 718
1068-school district with which the person is affiliated. Each school 719
1069-district is required to participate in this search pr ocess by 720
1070-payment of an annual fee to the Department of Law Enforcement 721
1071-and by informing the Department of Law Enforcement of any change 722
1072-in the affiliation, employment, or contractual status or place 723
1073-of affiliation, employment, or contracting of its instruc tional 724
1074-and noninstructional personnel whose fingerprints are retained 725
1050+ (3) A background screening required under this section 701
1051+shall be conducted in accordance with s. 435.12. 702
1052+ (3)(a) All fingerprints submitted to the Department of Law 703
1053+Enforcement as required by subsection (2) shall be retained by 704
1054+the Department of Law Enforcement in a manner provided by rule 705
1055+and entered in the statewide automated biometric identification 706
1056+system authorized by s. 943.05(2)(b). Such fingerprints shall 707
1057+thereafter be available for all purposes and uses authorized for 708
1058+arrest fingerprints entered in the statewide automated biometric 709
1059+identification system pursuant to s. 943.051. 710
1060+ (b) The Department of Law Enf orcement shall search all 711
1061+arrest fingerprints received under s. 943.051 against the 712
1062+fingerprints retained in the statewide automated biometric 713
1063+identification system under paragraph (a). Any arrest record 714
1064+that is identified with the retained fingerprints of a person 715
1065+subject to the background screening under this section shall be 716
1066+reported to the employing or contracting school district or the 717
1067+school district with which the person is affiliated. Each school 718
1068+district is required to participate in this search pr ocess by 719
1069+payment of an annual fee to the Department of Law Enforcement 720
1070+and by informing the Department of Law Enforcement of any change 721
1071+in the affiliation, employment, or contractual status or place 722
1072+of affiliation, employment, or contracting of its instruc tional 723
1073+and noninstructional personnel whose fingerprints are retained 724
1074+under paragraph (a). The Department of Law Enforcement shall 725
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10831083 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
10841084
10851085
10861086
1087-under paragraph (a). The Department of Law Enforcement shall 726
1088-adopt a rule setting the amount of the annual fee to be imposed 727
1089-upon each school district for performing these searches and 728
1090-establishing the procedures for the retention of instructional 729
1091-and noninstructional personnel fingerprints and the 730
1092-dissemination of search results. The fee may be borne by the 731
1093-district school board, the contractor, or the person 732
1094-fingerprinted. 733
1095- (c) Personnel whose fingerprints are not retained by the 734
1096-Department of Law Enforcement under paragraphs (a) and (b) must 735
1097-be refingerprinted and rescreened in accordance with subsection 736
1098-(2) upon reemployment or reengagement to provide services in 737
1099-order to comply with the requirements of this subsection. 738
1100- Section 13. Effective January 1, 2023, section 1012.465, 739
1101-Florida Statutes, is amended to read: 740
1102- 1012.465 Background screening requirements for certain 741
1103-noninstructional school district employees and contractors. — 742
1104- (1) Except as provided in s. 1012.467 or s. 1012.468, 743
1105-noninstructional school district employees or contractual 744
1106-personnel who are permitted access on school grounds when 745
1107-students are present, who have direct contact with students or 746
1108-who have access to or c ontrol of school funds must meet the 747
1109-level 2 screening requirements of as described in s. 1012.32. 748
1110-Contractual personnel shall include any vendor, individual, or 749
1111-entity under contract with a school or the school board. 750
1087+adopt a rule setting the amount of the annual fee to be imposed 726
1088+upon each school district for performing these searches and 727
1089+establishing the procedures for the retention of instructional 728
1090+and noninstructional personnel fingerprints and the 729
1091+dissemination of search results. The fee may be borne by the 730
1092+district school board, the contractor, or the person 731
1093+fingerprinted. 732
1094+ (c) Personnel whose fingerprints are not retained by the 733
1095+Department of Law Enforcement under paragraphs (a) and (b) must 734
1096+be refingerprinted and rescreened in accordance with subsection 735
1097+(2) upon reemployment or reengagement to provide services in 736
1098+order to comply with the requirements of this subsection. 737
1099+ Section 13. Effective January 1, 2023, section 1012.465, 738
1100+Florida Statutes, is amended to read: 739
1101+ 1012.465 Background screening requirements for certain 740
1102+noninstructional school district employees and contractors. — 741
1103+ (1) Except as provided in s. 1012.467 or s. 1012.468, 742
1104+noninstructional school district employees or contractual 743
1105+personnel who are permitted access on school grounds when 744
1106+students are present, who have direct contact with students or 745
1107+who have access to or c ontrol of school funds must meet the 746
1108+level 2 screening requirements of as described in s. 1012.32. 747
1109+Contractual personnel shall include any vendor, individual, or 748
1110+entity under contract with a school or the school board. 749
1111+ (2) Every 5 years following employ ment or entry into a 750
11121112
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11201120 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
11211121
11221122
11231123
1124- (2) Every 5 years following employ ment or entry into a 751
1125-contract in a capacity described in subsection (1), each person 752
1126-who is so employed or under contract with the school district 753
1127-must meet level 2 screening requirements as described in s. 754
1128-1012.32, at which time the school district shall request the 755
1129-Department of Law Enforcement to forward the fingerprints to the 756
1130-Federal Bureau of Investigation for the level 2 screening. If, 757
1131-for any reason following employment or entry into a contract in 758
1132-a capacity described in subsection (1), the fingerpr ints of a 759
1133-person who is so employed or under contract with the school 760
1134-district are not retained by the Department of Law Enforcement 761
1135-under s. 1012.32(3)(a) and (b), the person must file a complete 762
1136-set of fingerprints with the district school superintendent of 763
1137-the employing or contracting school district. Upon submission of 764
1138-fingerprints for this purpose, the school district shall request 765
1139-the Department of Law Enforcement to forward the fingerprints to 766
1140-the Federal Bureau of Investigation for the level 2 scree ning, 767
1141-and the fingerprints shall be retained by the Department of Law 768
1142-Enforcement under s. 1012.32(3)(a) and (b). The cost of the 769
1143-state and federal criminal history check required by level 2 770
1144-screening may be borne by the district school board, the 771
1145-contractor, or the person fingerprinted. Under penalty of 772
1146-perjury, each person who is employed or under contract in a 773
1147-capacity described in subsection (1) must agree to inform his or 774
1148-her employer or the party with whom he or she is under contract 775
1124+contract in a capacity described in subsection (1), each person 751
1125+who is so employed or under contract with the school district 752
1126+must meet level 2 screening requirements as described in s. 753
1127+1012.32, at which time the school district shall request the 754
1128+Department of Law Enforcement to forward the fingerprints to the 755
1129+Federal Bureau of Investigation for the level 2 screening. If, 756
1130+for any reason following employment or entry into a contract in 757
1131+a capacity described in subsection (1), the fingerpr ints of a 758
1132+person who is so employed or under contract with the school 759
1133+district are not retained by the Department of Law Enforcement 760
1134+under s. 1012.32(3)(a) and (b), the person must file a complete 761
1135+set of fingerprints with the district school superintendent of 762
1136+the employing or contracting school district. Upon submission of 763
1137+fingerprints for this purpose, the school district shall request 764
1138+the Department of Law Enforcement to forward the fingerprints to 765
1139+the Federal Bureau of Investigation for the level 2 scree ning, 766
1140+and the fingerprints shall be retained by the Department of Law 767
1141+Enforcement under s. 1012.32(3)(a) and (b). The cost of the 768
1142+state and federal criminal history check required by level 2 769
1143+screening may be borne by the district school board, the 770
1144+contractor, or the person fingerprinted. Under penalty of 771
1145+perjury, each person who is employed or under contract in a 772
1146+capacity described in subsection (1) must agree to inform his or 773
1147+her employer or the party with whom he or she is under contract 774
1148+within 48 hours if convicted of any disqualifying offense while 775
11491149
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11571157 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
11581158
11591159
11601160
1161-within 48 hours if convicted of any disqualifying offense while 776
1162-he or she is employed or under contract in that capacity. 777
1163- (3) If it is found that a person who is employed or under 778
1164-contract in a capacity described in subsection (1) does not meet 779
1165-the screening level 2 requirements, the person shall be 780
1166-immediately suspended from working in that capacity and shall 781
1167-remain suspended until final resolution of any appeals. 782
1168- Section 14. Subsections (2) through (7) of section 783
1169-1012.467, Florida Statutes, are amended to read: 784
1170- 1012.467 Noninstructional contractors who are permitted 785
1171-access to school grounds when students are present; background 786
1172-screening requirements. — 787
1173- (2)(a) A fingerprint -based criminal history check shall be 788
1174-performed on each noninstructional contractor who is permitted 789
1175-access to school grounds when students are present, whose 790
1176-performance of the contract with the school or school board is 791
1177-not anticipated to result in direct contact with students, and 792
1178-for whom any unanticipated contact would be infrequent and 793
1179-incidental using the process described in s. 1012.32(3) . 794
1180-Criminal history checks shall be performed at least once every 5 795
1181-years. For the initial criminal history check, each 796
1182-noninstructional contractor who is subject to the criminal 797
1183-history check shall file w ith the Department of Law Enforcement 798
1184-a complete set of fingerprints taken by an authorized law 799
1185-enforcement agency or an employee of a school district, a public 800
1161+he or she is employed or under contract in that capacity. 776
1162+ (3) If it is found that a person who is employed or under 777
1163+contract in a capacity described in subsection (1) does not meet 778
1164+the screening level 2 requirements, the person shall be 779
1165+immediately suspended from working in that capacity and shall 780
1166+remain suspended until final resolution of any appeals. 781
1167+ Section 14. Subsections (2) through (7) of section 782
1168+1012.467, Florida Statutes, are amended to read: 783
1169+ 1012.467 Noninstructional contractors who are permitted 784
1170+access to school grounds when students are present; background 785
1171+screening requirements. — 786
1172+ (2)(a) A fingerprint -based criminal history check shall be 787
1173+performed on each noninstructional contractor who is permitted 788
1174+access to school grounds when students are present, whose 789
1175+performance of the contract with the school or school board is 790
1176+not anticipated to result in direct contact with students, and 791
1177+for whom any unanticipated contact would be infrequent and 792
1178+incidental using the process described in s. 1012.32(3) . 793
1179+Criminal history checks shall be performed at least once every 5 794
1180+years. For the initial criminal history check, each 795
1181+noninstructional contractor who is subject to the criminal 796
1182+history check shall file w ith the Department of Law Enforcement 797
1183+a complete set of fingerprints taken by an authorized law 798
1184+enforcement agency or an employee of a school district, a public 799
1185+school, or a private company who is trained to take 800
11861186
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11941194 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
11951195
11961196
11971197
1198-school, or a private company who is trained to take 801
1199-fingerprints. The fingerprints shall be ele ctronically submitted 802
1200-for state processing to the Department of Law Enforcement, which 803
1201-shall in turn submit the fingerprints to the Federal Bureau of 804
1202-Investigation for national processing. The results of each 805
1203-criminal history check shall be reported to the school district 806
1204-in which the individual is seeking access and entered into the 807
1205-shared system described in subsection (7). The school district 808
1206-shall screen the results using the disqualifying offenses in 809
1207-paragraph (b)(g). The cost of the criminal history c heck may be 810
1208-borne by the district school board, the school, or the 811
1209-contractor. A fee that is charged by a district school board for 812
1210-such checks may not exceed 30 percent of the total amount 813
1211-charged by the Department of Law Enforcement and the Federal 814
1212-Bureau of Investigation. 815
1213- (b) As authorized by law, the Department of Law 816
1214-Enforcement shall retain the fingerprints submitted by the 817
1215-school districts pursuant to this subsection to the Department 818
1216-of Law Enforcement for a criminal history background screening 819
1217-in a manner provided by rule and enter the fingerprints in the 820
1218-statewide automated biometric identification system authorized 821
1219-by s. 943.05(2)(b). The fingerprints shall thereafter be 822
1220-available for all purposes and uses authorized for arrest 823
1221-fingerprints entered into the statewide automated biometric 824
1222-identification system under s. 943.051. 825
1198+fingerprints. The fingerprints shall be ele ctronically submitted 801
1199+for state processing to the Department of Law Enforcement, which 802
1200+shall in turn submit the fingerprints to the Federal Bureau of 803
1201+Investigation for national processing. The results of each 804
1202+criminal history check shall be reported to the school district 805
1203+in which the individual is seeking access and entered into the 806
1204+shared system described in subsection (7). The school district 807
1205+shall screen the results using the disqualifying offenses in 808
1206+paragraph (b)(g). The cost of the criminal history c heck may be 809
1207+borne by the district school board, the school, or the 810
1208+contractor. A fee that is charged by a district school board for 811
1209+such checks may not exceed 30 percent of the total amount 812
1210+charged by the Department of Law Enforcement and the Federal 813
1211+Bureau of Investigation. 814
1212+ (b) As authorized by law, the Department of Law 815
1213+Enforcement shall retain the fingerprints submitted by the 816
1214+school districts pursuant to this subsection to the Department 817
1215+of Law Enforcement for a criminal history background screening 818
1216+in a manner provided by rule and enter the fingerprints in the 819
1217+statewide automated biometric identification system authorized 820
1218+by s. 943.05(2)(b). The fingerprints shall thereafter be 821
1219+available for all purposes and uses authorized for arrest 822
1220+fingerprints entered into the statewide automated biometric 823
1221+identification system under s. 943.051. 824
1222+ (c) As authorized by law, the Department of Law 825
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12321232
12331233
12341234
1235- (c) As authorized by law, the Department of Law 826
1236-Enforcement shall search all arrest fingerprints received under 827
1237-s. 943.051 against the fingerprints retained in the statew ide 828
1238-automated biometric identification system under paragraph (b). 829
1239- (d) School districts may participate in the search process 830
1240-described in this subsection by paying an annual fee to the 831
1241-Department of Law Enforcement. 832
1242- (e) A fingerprint retained pursuant to this subsection 833
1243-shall be purged from the automated biometric identification 834
1244-system 5 years following the date the fingerprint was initially 835
1245-submitted. The Department of Law Enforcement shall set the 836
1246-amount of the annual fee to be imposed upon each part icipating 837
1247-agency for performing these searches and establishing the 838
1248-procedures for retaining fingerprints and disseminating search 839
1249-results. The fee may be borne as provided by law. Fees may be 840
1250-waived or reduced by the executive director of the Department o f 841
1251-Law Enforcement for good cause shown. 842
1252- (f) A noninstructional contractor who is subject to a 843
1253-criminal history check under this section shall inform a school 844
1254-district that he or she has completed a criminal history check 845
1255-in another school district within the last 5 years. The school 846
1256-district shall verify the results of the contractor's criminal 847
1257-history check using the shared system described in subsection 848
1258-(7). The school district may not charge the contractor a fee for 849
1259-verifying the results of his or her criminal history check . 850
1235+Enforcement shall search all arrest fingerprints received under 826
1236+s. 943.051 against the fingerprints retained in the statewide 827
1237+automated biometric identification system under paragraph (b). 828
1238+ (d) School districts may participate in the search process 829
1239+described in this subsection by paying an annual fee to the 830
1240+Department of Law Enforcement. 831
1241+ (e) A fingerprint retained pu rsuant to this subsection 832
1242+shall be purged from the automated biometric identification 833
1243+system 5 years following the date the fingerprint was initially 834
1244+submitted. The Department of Law Enforcement shall set the 835
1245+amount of the annual fee to be imposed upon eac h participating 836
1246+agency for performing these searches and establishing the 837
1247+procedures for retaining fingerprints and disseminating search 838
1248+results. The fee may be borne as provided by law. Fees may be 839
1249+waived or reduced by the executive director of the Depart ment of 840
1250+Law Enforcement for good cause shown. 841
1251+ (f) A noninstructional contractor who is subject to a 842
1252+criminal history check under this section shall inform a school 843
1253+district that he or she has completed a criminal history check 844
1254+in another school district within the last 5 years. The school 845
1255+district shall verify the results of the contractor's criminal 846
1256+history check using the shared system described in subsection 847
1257+(7). The school district may not charge the contractor a fee for 848
1258+verifying the results of his o r her criminal history check . 849
1259+ (b)(g) A noninstructional contractor for whom a criminal 850
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12681268 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
12691269
12701270
12711271
1272- (b)(g) A noninstructional contractor for whom a criminal 851
1273-history check is required under this section may not have been 852
1274-convicted of any of the following offenses designated in the 853
1275-Florida Statutes, any similar offense in another jurisdiction, 854
1276-or any similar offense committed in this state which has been 855
1277-redesignated from a former provision of the Florida Statutes to 856
1278-one of the following offenses: 857
1279- 1. Any offense listed in s. 943.0435(1)(h)1., relating to 858
1280-the registration of an in dividual as a sexual offender. 859
1281- 2. Section 393.135, relating to sexual misconduct with 860
1282-certain developmentally disabled clients and the reporting of 861
1283-such sexual misconduct. 862
1284- 3. Section 394.4593, relating to sexual misconduct with 863
1285-certain mental health pa tients and the reporting of such sexual 864
1286-misconduct. 865
1287- 4. Section 775.30, relating to terrorism. 866
1288- 5. Section 782.04, relating to murder. 867
1289- 6. Section 787.01, relating to kidnapping. 868
1290- 7. Any offense under chapter 800, relating to lewdness and 869
1291-indecent exposure. 870
1292- 8. Section 826.04, relating to incest. 871
1293- 9. Section 827.03, relating to child abuse, aggravated 872
1294-child abuse, or neglect of a child. 873
1295- (3) If it is found that a noninstructional contractor has 874
1296-been convicted of any of the offenses listed in para graph (2)(b) 875
1272+history check is required under this section may not have been 851
1273+convicted of any of the following offenses designated in the 852
1274+Florida Statutes, any similar offense in an other jurisdiction, 853
1275+or any similar offense committed in this state which has been 854
1276+redesignated from a former provision of the Florida Statutes to 855
1277+one of the following offenses: 856
1278+ 1. Any offense listed in s. 943.0435(1)(h)1., relating to 857
1279+the registration of an individual as a sexual offender. 858
1280+ 2. Section 393.135, relating to sexual misconduct with 859
1281+certain developmentally disabled clients and the reporting of 860
1282+such sexual misconduct. 861
1283+ 3. Section 394.4593, relating to sexual misconduct with 862
1284+certain mental health patients and the reporting of such sexual 863
1285+misconduct. 864
1286+ 4. Section 775.30, relating to terrorism. 865
1287+ 5. Section 782.04, relating to murder. 866
1288+ 6. Section 787.01, relating to kidnapping. 867
1289+ 7. Any offense under chapter 800, relating to lewdness and 868
1290+indecent exposure. 869
1291+ 8. Section 826.04, relating to incest. 870
1292+ 9. Section 827.03, relating to child abuse, aggravated 871
1293+child abuse, or neglect of a child. 872
1294+ (3) If it is found that a noninstructional contractor has 873
1295+been convicted of any of the offenses liste d in paragraph (2)(b) 874
1296+(2)(g), the individual shall be immediately suspended from 875
12971297
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13051305 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
13061306
13071307
13081308
1309-(2)(g), the individual shall be immediately suspended from 876
1310-having access to school grounds and shall remain suspended 877
1311-unless and until the conviction is set aside in any 878
1312-postconviction proceeding. 879
1313- (4) A noninstructional contractor who has be en convicted 880
1314-of any of the offenses listed in paragraph (2)(b) (2)(g) may not 881
1315-be permitted on school grounds when students are present unless 882
1316-the contractor has received a full pardon or has had his or her 883
1317-civil rights restored. A noninstructional contract or who is 884
1318-present on school grounds in violation of this subsection 885
1319-commits a felony of the third degree, punishable as provided in 886
1320-s. 775.082 or s. 775.083. 887
1321- (5) If a school district has reasonable cause to believe 888
1322-that grounds exist for the denial of a contractor's access to 889
1323-school grounds when students are present, it shall notify the 890
1324-contractor in writing, stating the specific record that 891
1325-indicates noncompliance with the standards set forth in this 892
1326-section. It is the responsibility of the affected cont ractor to 893
1327-contest his or her denial. The only basis for contesting the 894
1328-denial is proof of mistaken identity or that an offense from 895
1329-another jurisdiction is not disqualifying under paragraph (2)(b) 896
1330-(2)(g). 897
1331- (6) Each contractor who is subject to the require ments of 898
1332-this section shall agree to inform his or her employer or the 899
1333-party to whom he or she is under contract and the school 900
1309+having access to school grounds and shall remain suspended 876
1310+unless and until the conviction is set aside in any 877
1311+postconviction proceeding. 878
1312+ (4) A noninstructional contractor w ho has been convicted 879
1313+of any of the offenses listed in paragraph (2)(b) (2)(g) may not 880
1314+be permitted on school grounds when students are present unless 881
1315+the contractor has received a full pardon or has had his or her 882
1316+civil rights restored. A noninstructional contractor who is 883
1317+present on school grounds in violation of this subsection 884
1318+commits a felony of the third degree, punishable as provided in 885
1319+s. 775.082 or s. 775.083. 886
1320+ (5) If a school district has reasonable cause to believe 887
1321+that grounds exist for the den ial of a contractor's access to 888
1322+school grounds when students are present, it shall notify the 889
1323+contractor in writing, stating the specific record that 890
1324+indicates noncompliance with the standards set forth in this 891
1325+section. It is the responsibility of the affe cted contractor to 892
1326+contest his or her denial. The only basis for contesting the 893
1327+denial is proof of mistaken identity or that an offense from 894
1328+another jurisdiction is not disqualifying under paragraph (2)(b) 895
1329+(2)(g). 896
1330+ (6) Each contractor who is subject to th e requirements of 897
1331+this section shall agree to inform his or her employer or the 898
1332+party to whom he or she is under contract and the school 899
1333+district within 48 hours if he or she is arrested for any of the 900
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13421342 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
13431343
13441344
13451345
1346-district within 48 hours if he or she is arrested for any of the 901
1347-disqualifying offenses in paragraph (2)(b) (2)(g). A contractor 902
1348-who willfully fails to comply with this subsection commits a 903
1349-felony of the third degree, punishable as provided in s. 775.082 904
1350-or s. 775.083. If the employer of a contractor or the party to 905
1351-whom the contractor is under contract knows the contractor has 906
1352-been arrested for any of the disqualifying offenses in paragraph 907
1353-(2)(b) (2)(g) and authorizes the contractor to be present on 908
1354-school grounds when students are present, such employer or such 909
1355-party commits a felony of the third degree, punishable as 910
1356-provided in s. 775.082 or s. 775.083. 911
1357- (7)(a) The Department of Law Enforcement shall implement a 912
1358-system that allows for the results of a criminal history check 913
1359-provided to a school district to be shared with other school 914
1360-districts through a secure Internet website or other secure 915
1361-electronic means. School districts must accept reciprocity of 916
1362-level 2 screenings for Florida High School Athletic Association 917
1363-officials. 918
1364- (b) An employee of a school district, a charter school, a 919
1365-lab school, a charter lab school, or the Fl orida School for the 920
1366-Deaf and the Blind who requests or shares criminal history 921
1367-information under this section is immune from civil or criminal 922
1368-liability for any good faith conduct that occurs during the 923
1369-performance of and within the scope of responsibilit ies related 924
1370-to the record check. 925
1346+disqualifying offenses in paragraph (2)(b) (2)(g). A contractor 901
1347+who willfully fails to comply with this subsection commits a 902
1348+felony of the third degree, punishable as provided in s. 775.082 903
1349+or s. 775.083. If the employer of a contractor or the party to 904
1350+whom the contractor is under contract knows the contracto r has 905
1351+been arrested for any of the disqualifying offenses in paragraph 906
1352+(2)(b) (2)(g) and authorizes the contractor to be present on 907
1353+school grounds when students are present, such employer or such 908
1354+party commits a felony of the third degree, punishable as 909
1355+provided in s. 775.082 or s. 775.083. 910
1356+ (7)(a) The Department of Law Enforcement shall implement a 911
1357+system that allows for the results of a criminal history check 912
1358+provided to a school district to be shared with other school 913
1359+districts through a secure Internet website or other secure 914
1360+electronic means. School districts must accept reciprocity of 915
1361+level 2 screenings for Florida High School Athletic Association 916
1362+officials. 917
1363+ (b) An employee of a school district, a charter school, a 918
1364+lab school, a charter lab school, or the Florida School for the 919
1365+Deaf and the Blind who requests or shares criminal history 920
1366+information under this section is immune from civil or criminal 921
1367+liability for any good faith conduct that occurs during the 922
1368+performance of and within the scope of resp onsibilities related 923
1369+to the record check. 924
1370+ (c) This subsection is repealed July 31, 2026. 925
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13791379 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
13801380
13811381
13821382
1383- (c) This subsection is repealed July 31, 2026. 926
1384- Section 15. Effective January 1, 2023, paragraph (b) of 927
1385-subsection (10) of section 1012.56, Florida Statutes, is 928
1386-amended, and paragraph (c) is added to that subsection, t o read: 929
1387- 1012.56 Educator certification requirements. — 930
1388- (10) BACKGROUND SCREENING REQUIRED, INITIALLY AND 931
1389-PERIODICALLY.— 932
1390- (b) To maintain the safety and well -being of children and 933
1391-the integrity of the system of public education, a person may 934
1392-not be certified receive a certificate under this chapter to 935
1393-have the responsibility for the safety and well -being of 936
1394-children until the person's screening under s. 1012.32 is 937
1395-completed and the results have been submitted to the Department 938
1396-of Education or to the person's employer district school 939
1397-superintendent of the school district that employs the person . 940
1398-Every 5 years after obtaining initial certification, each person 941
1399-who is required to be certified under this chapter must be 942
1400-rescreened in accordance with s. 1012.3 2, at which time the 943
1401-employer school district shall request the Department of Law 944
1402-Enforcement to forward the fingerprints to the Federal Bureau of 945
1403-Investigation for federal criminal records checks pursuant to s. 946
1404-435.12. 947
1405- (c) If, for any reason after obtai ning initial 948
1406-certification, the fingerprints of a person who is required to 949
1407-be certified under this chapter are not retained by the 950
1383+ Section 15. Effective January 1, 2023, paragraph (b) of 926
1384+subsection (10) of section 1012.56, Florida Statutes, is 927
1385+amended, and paragraph (c) is added to that subs ection, to read: 928
1386+ 1012.56 Educator certification requirements. — 929
1387+ (10) BACKGROUND SCREENING REQUIRED, INITIALLY AND 930
1388+PERIODICALLY.— 931
1389+ (b) To maintain the safety and well -being of children and 932
1390+the integrity of the system of public education, a person may 933
1391+not be certified receive a certificate under this chapter to 934
1392+have the responsibility for the safety and well -being of 935
1393+children until the person's screening under s. 1012.32 is 936
1394+completed and the results have been submitted to the Department 937
1395+of Education or to the person's employer district school 938
1396+superintendent of the school district that employs the person . 939
1397+Every 5 years after obtaining initial certification, each person 940
1398+who is required to be certified under this chapter must be 941
1399+rescreened in accordance with s. 1012.32, at which time the 942
1400+employer school district shall request the Department of Law 943
1401+Enforcement to forward the fingerprints to the Federal Bureau of 944
1402+Investigation for federal criminal records checks pursuant to s. 945
1403+435.12. 946
1404+ (c) If, for any reason af ter obtaining initial 947
1405+certification, the fingerprints of a person who is required to 948
1406+be certified under this chapter are not retained by the 949
1407+Department of Law Enforcement under s. 1012.32(3) s. 950
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14161416 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
14171417
14181418
14191419
1420-Department of Law Enforcement under s. 1012.32(3) s. 951
1421-1012.32(3)(a) and (b) , the person must file a complete set of 952
1422-fingerprints with the employer district school superintendent of 953
1423-the employing school district . Upon submission of fingerprints 954
1424-for this purpose, the employer school district shall request the 955
1425-Department of Law Enforcement to forward the fingerprints to the 956
1426-Federal Bureau of Investigation for federal criminal records 957
1427-checks, and the fingerprints shall be retained by the Department 958
1428-of Law Enforcement under s. 1012.32(3) s. 1012.32(3)(a) and (b) . 959
1429-The cost of the state and federal criminal history checks 960
1430-required by paragraph (a) and this paragraph may be borne by the 961
1431-employer district school board or the employee. Under penalty of 962
1432-perjury, each person who is certified under this chapter must 963
1433-agree to inform his or her employer within 48 hours if convicted 964
1434-of any disqualifying offense while he or she is employed in a 965
1435-position for which such certification is required. 966
1436- Section 16. The changes made to ss. 1012.32 and 1012.56, 967
1437-Florida Statutes, by this act must be implemented by January 1, 968
1438-2024, or a later date determine d by the Agency for Health Care 969
1439-Administration. 970
1440- Section 17. For the 2022-2023 fiscal year, the sums of 971
1441-$285,367 in recurring funds from the Health Care Trust Fund and 972
1442-$581,064 in nonrecurring funds from the Health Care Trust Fund 973
1443-are appropriated to th e Agency for Health Care Administration 974
1444-and five full-time equivalent positions with associated salary 975
1445-
1446-CS/CS/CS/HB 1505 2022
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1448-
1449-
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1453-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1454-
1455-
1456-
1457-rate of 173,431 is authorized for the purpose of implementing 976
1458-this act. 977
1459- Section 18. Except as otherwise expressly provided in this 978
1460-act and except for this section, which shall take effect upon 979
1461-this act becoming a law, this act shall take effect July 1, 980
1462-2023. 981
1420+1012.32(3)(a) and (b) , the person must file a complete set of 951
1421+fingerprints with the employer district school superintendent of 952
1422+the employing school district . Upon submission of fingerprints 953
1423+for this purpose, the employer school district shall request the 954
1424+Department of Law Enforcement to forward the fingerprints to th e 955
1425+Federal Bureau of Investigation for federal criminal records 956
1426+checks, and the fingerprints shall be retained by the Department 957
1427+of Law Enforcement under s. 1012.32(3) s. 1012.32(3)(a) and (b) . 958
1428+The cost of the state and federal criminal history checks 959
1429+required by paragraph (a) and this paragraph may be borne by the 960
1430+employer district school board or the employee. Under penalty of 961
1431+perjury, each person who is certified under this chapter must 962
1432+agree to inform his or her employer within 48 hours if convicted 963
1433+of any disqualifying offense while he or she is employed in a 964
1434+position for which such certification is required. 965
1435+ Section 16. The changes made to ss. 1012.32 and 1012.56, 966
1436+Florida Statutes, by this act must be implemented by January 1, 967
1437+2024, or a later date determined by the Agency for Health Care 968
1438+Administration. 969
1439+ Section 17. Except as otherwise expressly provided in this 970
1440+act, this act shall take effect July 1, 2023. 971