Florida Senate - 2022 SB 1830 By Senator Brodeur 9-01530-22 20221830__ 1 A bill to be entitled 2 An act relating to background screenings; amending s. 3 435.02, F.S.; revising the definition of the term 4 specified agency; amending s. 435.04, F.S.; deleting 5 obsolete language; amending s. 435.12, F.S.; 6 conforming a cross-reference; deleting obsolete 7 language; amending s. 943.0438, F.S.; requiring 8 independent sanctioning authorities to conduct level 2 9 instead of level 1 background screenings of current 10 and prospective athletic coaches; requiring certain 11 athletic coaches to be rescreened every 5 years 12 following the date of their most recent background 13 screening or exemption; providing an exception; 14 conforming provisions to changes made by the act; 15 amending s. 943.05, F.S.; requiring the Criminal 16 Justice Information Program to develop a method for 17 establishing direct identification in a certain 18 manner; requiring the program to retain certain 19 information without the need for an official written 20 request; requiring the program to search all arrest 21 fingerprint submissions without the need for a 22 request; amending s. 943.0542, F.S.; requiring, rather 23 than authorizing, the Department of Law Enforcement to 24 periodically audit qualified entities; requiring 25 certain entities to use the Care Provider Background 26 Screening Clearinghouse for screening an employee or a 27 volunteer; requiring a certain signed waiver to 28 include a specified statement; requiring the 29 clearinghouse to provide certain information directly 30 to qualified entities; deleting a requirement for the 31 Department of Law Enforcement to provide national 32 criminal history data directly to qualified entities; 33 prohibiting a qualified entity from employing or 34 allowing a volunteer under specified circumstances; 35 requiring the Department of Law Enforcement to design 36 a compliance decal that meets specified requirements; 37 requiring qualified entities to comply with certain 38 provisions of law; authorizing the Department of Law 39 Enforcement to issue a fine of a specified minimum 40 amount for noncompliance; amending s. 1012.32, F.S.; 41 requiring certain fingerprints to be submitted to the 42 clearinghouse; deleting a requirement that district 43 school boards reimburse charter schools for the cost 44 of background screenings under certain circumstances; 45 requiring the clearinghouse to notify certain school 46 districts of any arrest records that are identified 47 with the retained fingerprints of certain individuals; 48 conforming provisions to changes made by the act; 49 amending s. 1012.465, F.S.; requiring school districts 50 to make a certain request through the clearinghouse; 51 amending s. 1012.467, F.S.; requiring certain 52 information to be filed or submitted through the 53 clearinghouse; authorizing school districts to 54 participate in a certain search process by using the 55 clearinghouse and paying any applicable annual fee to 56 the Agency for Health Care Administration and the 57 Department of Law Enforcement; conforming provisions 58 to changes made by the act; amending s. 1012.56, F.S.; 59 requiring school districts to make certain requests 60 through the clearinghouse; amending ss. 381.986, 61 381.988, 408.809, 456.0135, 494.00312, 494.00321, 62 494.00611, 496.4101, 559.555, 560.141, and 581.217, 63 F.S.; conforming cross-references; providing an 64 effective date. 65 66 Be It Enacted by the Legislature of the State of Florida: 67 68 Section 1.Subsection (5) of section 435.02, Florida 69 Statutes, is amended to read: 70 435.02Definitions.For the purposes of this chapter, the 71 term: 72 (5)Specified agency means the Department of Health, the 73 Department of Children and Families, the Department of 74 Education, the Division of Vocational Rehabilitation within the 75 Department of Education, the Agency for Health Care 76 Administration, the Department of Elderly Affairs, the 77 Department of Juvenile Justice, the Agency for Persons with 78 Disabilities, regional workforce boards providing services as 79 defined in s. 445.002(3), each district unit pursuant to s. 80 1001.30, special district units pursuant to s. 1011.24, the 81 Florida School for the Deaf and the Blind pursuant to s. 82 1002.36, the Florida Virtual School pursuant to s. 1002.37, 83 virtual instruction programs pursuant to s. 1002.45, charter 84 schools pursuant to s. 1002.33, a School of Hope operator 85 pursuant to s. 1002.333, early learning coalitions pursuant to 86 s. 1002.83, a qualified entity pursuant to s. 943.0542(1), and 87 local licensing agencies approved pursuant to s. 402.307, when 88 these agencies are conducting state and national criminal 89 history background screening on persons who work with children 90 or persons who are elderly or disabled. 91 Section 2.Paragraphs (b) and (d) of subsection (1) of 92 section 435.04, Florida Statutes, are amended to read: 93 435.04Level 2 screening standards. 94 (1) 95 (b)Fingerprints submitted pursuant to this section on or 96 after July 1, 2012, must be submitted electronically to the 97 Department of Law Enforcement. 98 (d)An agency may require by rule that fingerprints 99 submitted pursuant to this section must be submitted 100 electronically to the Department of Law Enforcement on a date 101 earlier than July 1, 2012. 102 Section 3.Paragraph (a) of subsection (2) and subsection 103 (3) of section 435.12, Florida Statutes, are amended to read: 104 435.12Care Provider Background Screening Clearinghouse. 105 (2)(a)To ensure that the information in the clearinghouse 106 is current, the fingerprints of an employee required to be 107 screened by a specified agency and included in the clearinghouse 108 must be: 109 1.Retained by the Department of Law Enforcement pursuant 110 to s. 943.05(2)(h) and (i) and (3) s. 943.05(2)(g) and (h) and 111 (3), and the Department of Law Enforcement must report the 112 results of searching those fingerprints against state incoming 113 arrest fingerprint submissions to the Agency for Health Care 114 Administration for inclusion in the clearinghouse. 115 2.Retained by the Federal Bureau of Investigation in the 116 national retained print arrest notification program as soon as 117 the Department of Law Enforcement begins participation in such 118 program. Arrest prints will be searched against retained prints 119 at the Federal Bureau of Investigation and notification of 120 arrests will be forwarded to the Florida Department of Law 121 Enforcement and reported to the Agency for Health Care 122 Administration for inclusion in the clearinghouse. 123 3.Resubmitted for a Federal Bureau of Investigation 124 national criminal history check every 5 years until such time as 125 the fingerprints are retained by the Federal Bureau of 126 Investigation. 127 4.Subject to retention on a 5-year renewal basis with fees 128 collected at the time of initial submission or resubmission of 129 fingerprints. 130 5.Submitted with a photograph of the person taken at the 131 time the fingerprints are submitted. 132 (3)An employee who has undergone a fingerprint-based 133 criminal history check by a specified agency before the 134 clearinghouse is operational is not required to be checked again 135 solely for the purpose of entry in the clearinghouse. Every 136 employee who is or will become subject to fingerprint-based 137 criminal history checks to be eligible to be licensed, have 138 their license renewed, or meet screening or rescreening 139 requirements by a specified agency once the specified agency 140 participates in the clearinghouse shall be subject to the 141 requirements of this section with respect to entry of records in 142 the clearinghouse and retention of fingerprints for reporting 143 the results of searching against state incoming arrest 144 fingerprint submissions. 145 Section 4.Paragraphs (a) and (b) of subsection (2) of 146 section 943.0438, Florida Statutes, are amended to read: 147 943.0438Athletic coaches for independent sanctioning 148 authorities. 149 (2)An independent sanctioning authority shall: 150 (a)1.Conduct a level 2 1 background screening pursuant to 151 s. 435.04 s. 435.03 of each current and prospective athletic 152 coach. The authority may not delegate this responsibility to an 153 individual team and may not authorize any person to act as an 154 athletic coach unless a level 2 1 background screening is 155 conducted and does not result in disqualification under s. 156 435.04(2) paragraph (b). Level 1 background screenings shall be 157 conducted annually for each athletic coach. For purposes of this 158 section, a background screening shall include a search of the 159 athletic coachs name or other identifying information against 160 state and federal registries of sexual predators and sexual 161 offenders, which are available to the public on Internet sites 162 provided by: 163 a.The Department of Law Enforcement under s. 943.043; and 164 b.The Attorney General of the United States under 42 165 U.S.C. s. 16920. 166 2.For purposes of this section, an athletic coach who is 167 required to be screened according to the level 2 screening 168 standards contained in s. 435.04 pursuant to this section shall 169 be rescreened every 5 years following the date of his or her 170 most recent background screening or exemption, unless such 171 individuals fingerprints are continuously retained and 172 monitored by the Department of Law Enforcement in the federal 173 fingerprint retention program according to the procedures 174 specified in s. 943.05 a background screening conducted by a 175 commercial consumer reporting agency in compliance with the 176 federal Fair Credit Reporting Act using the identifying 177 information referenced in subparagraph 1. that includes a level 178 1 background screening and a search of that information against 179 the sexual predator and sexual offender Internet sites listed in 180 sub-subparagraphs 1.a. and b. shall be deemed to satisfy the 181 requirements of this paragraph. 182 (b)Disqualify any person from acting as an athletic coach 183 as provided in s. 435.04 s. 435.03 or if he or she is identified 184 on a registry described in paragraph (a). The authority may 185 allow a person disqualified under this paragraph to act as an 186 athletic coach if it determines that the person meets the 187 requirements for an exemption from disqualification under s. 188 435.07. 189 Section 5.Present paragraphs (g) and (h) of subsection (2) 190 of section 943.05, Florida Statutes, are redesignated as 191 paragraphs (h) and (i), respectively, a new paragraph (g) is 192 added to that subsection, and present paragraphs (g) and (h) of 193 that subsection and subsection (4) of that section are amended, 194 to read: 195 943.05Criminal Justice Information Program; duties; crime 196 reports. 197 (2)The program shall: 198 (g)Develop a method for establishing direct identification 199 through automated biometrics, which may include, but is not 200 limited to, the use of latent fingerprints, palm prints, facial 201 recognition, or retina scans. 202 (h)(g)Upon official written request, and subject to the 203 department having sufficient funds and equipment to participate 204 in such a request, from the agency executive director or 205 secretary or from his or her designee, or from qualified 206 entities participating in the volunteer and employee criminal 207 history screening system under s. 943.0542, or as otherwise 208 required by law, Retain fingerprints submitted by criminal and 209 noncriminal justice agencies to the department for a criminal 210 history background screening as provided by rule and enter the 211 fingerprints in the statewide automated biometric identification 212 system authorized by paragraph (b). Such fingerprints shall 213 thereafter be available for all purposes and uses authorized for 214 arrest fingerprint submissions entered into the statewide 215 automated biometric identification system pursuant to s. 216 943.051. 217 (i)(h)For each agency or qualified entity that officially 218 requests retention of fingerprints or for which retention is 219 otherwise required by law, Search all arrest fingerprint 220 submissions received under s. 943.051 against the fingerprints 221 retained in the statewide automated biometric identification 222 system under paragraph (h) (g). 223 1.Any arrest record that is identified with the retained 224 fingerprints of a person subject to background screening as 225 provided in paragraph (h) (g) shall be reported to the 226 appropriate agency or qualified entity. 227 2.To participate in this search process, agencies or 228 qualified entities must notify each person fingerprinted that 229 his or her fingerprints will be retained, pay an annual fee to 230 the department unless otherwise provided by law, and inform the 231 department of any change in the affiliation, employment, or 232 contractual status of each person whose fingerprints are 233 retained under paragraph (h) (g) if such change removes or 234 eliminates the agency or qualified entitys basis or need for 235 receiving reports of any arrest of that person, so that the 236 agency or qualified entity is not obligated to pay the upcoming 237 annual fee for the retention and searching of that persons 238 fingerprints to the department. The department shall adopt a 239 rule setting the amount of the annual fee to be imposed upon 240 each participating agency or qualified entity for performing 241 these searches and establishing the procedures for the retention 242 of fingerprints and the dissemination of search results. The fee 243 may be borne by the agency, qualified entity, or person subject 244 to fingerprint retention or as otherwise provided by law. 245 Consistent with the recognition of criminal justice agencies 246 expressed in s. 943.053(3), these services shall be provided to 247 criminal justice agencies for criminal justice purposes free of 248 charge. Qualified entities that elect to participate in the 249 fingerprint retention and search process are required to timely 250 remit the fee to the department by a payment mechanism approved 251 by the department. If requested by the qualified entity, and 252 with the approval of the department, such fees may be timely 253 remitted to the department by a qualified entity upon receipt of 254 an invoice for such fees from the department. Failure of a 255 qualified entity to pay the amount due on a timely basis or as 256 invoiced by the department may result in the refusal by the 257 department to permit the qualified entity to continue to 258 participate in the fingerprint retention and search process 259 until all fees due and owing are paid. 260 3.Agencies that participate in the fingerprint retention 261 and search process may adopt rules pursuant to ss. 120.536(1) 262 and 120.54 to require employers to keep the agency informed of 263 any change in the affiliation, employment, or contractual status 264 of each person whose fingerprints are retained under paragraph 265 (h) (g) if such change removes or eliminates the agencys basis 266 or need for receiving reports of any arrest of that person, so 267 that the agency is not obligated to pay the upcoming annual fee 268 for the retention and searching of that persons fingerprints to 269 the department. 270 (4)Upon notification that a federal fingerprint retention 271 program is in effect, and subject to the department being funded 272 and equipped to participate in such a program, the department 273 shall, if state and national criminal history records checks and 274 retention of submitted prints are authorized or required by law, 275 retain the fingerprints as provided in paragraphs (2)(h) and (i) 276 (2)(g) and (h) and advise the Federal Bureau of Investigation to 277 retain the fingerprints at the national level for searching 278 against arrest fingerprint submissions received at the national 279 level. 280 Section 6.Present subsections (8) and (9) of section 281 943.0542, Florida Statutes, are redesignated as subsections (9) 282 and (10), respectively, a new subsection (8) is added to that 283 section, and paragraphs (a), (b), and (d) of subsection (2) and 284 subsections (3), (4), (5), and (7) of that section are amended, 285 to read: 286 943.0542Access to criminal history information provided by 287 the department to qualified entities. 288 (2)(a)A qualified entity must register with the department 289 before submitting a request for screening under this section. 290 Each such request must be voluntary and conform to the 291 requirements established in the National Child Protection Act of 292 1993, as amended. As a part of the registration, the qualified 293 entity must agree to comply with state and federal law and must 294 so indicate by signing an agreement approved by the department. 295 The department shall may periodically audit qualified entities 296 to ensure compliance with federal law and this section. 297 (b)A qualified entity shall use the Care Provider 298 Background Screening Clearinghouse under s. 435.12 submit to the 299 department a request for screening an employee or volunteer or 300 person applying to be an employee or volunteer by submitting 301 fingerprints, or the request may be submitted electronically. 302 The qualified entity must maintain a signed waiver allowing the 303 release of the state and national criminal history record 304 information to the qualified entity. The waiver must include a 305 statement that the qualifying entity understands that the 306 department will retain the fingerprints of the criminal history 307 background screening of each employee or volunteer as provided 308 by rule and enter the fingerprints in the statewide automated 309 biometric identification system established in s. 943.05(2)(b). 310 (d)Any current or prospective employee or volunteer who is 311 subject to a request for screening must indicate to the 312 qualified entity submitting the request the name and address of 313 each qualified entity that has submitted a previous request for 314 screening regarding that employee or volunteer. 315 (3)The clearinghouse department shall provide directly to 316 the qualified entity the state criminal history records that are 317 not exempt from disclosure under chapter 119 or otherwise 318 confidential under law. A person who is the subject of a state 319 criminal history record may challenge the record only as 320 provided in s. 943.056. 321 (4)The national criminal history data is available to 322 qualified entities to use only for the purpose of screening 323 employees and volunteers or persons applying to be an employee 324 or volunteer with a qualified entity. The department shall 325 provide this national criminal history record information 326 directly to the qualified entity as authorized by the written 327 waiver required for submission of a request to the department. 328 (5)The determination whether the criminal history record 329 shows that the employee or volunteer has been convicted of or is 330 under pending indictment for any crime that bears upon the 331 fitness of the employee or volunteer to have responsibility for 332 the safety and well-being of children, the elderly, or disabled 333 persons shall solely be made by the qualified entity, except 334 that a qualified entity may not employ or allow a volunteer 335 whose criminal history record disqualifies them under s. 336 435.04(2) and (3). This section does not require the department 337 to make such a determination on behalf of any qualified entity. 338 (7)The department shall design an annually dated 339 compliance decal that must be sent to each qualified entity 340 registered with the department to be displayed by each qualified 341 entity in a place easily accessible to the general public may 342 establish a database of registered qualified entities and make 343 this data available free of charge to all registered qualified 344 entities. The database must include, at a minimum, the name, 345 address, and phone number of each qualified entity. 346 (8)Qualified entities shall comply with this section. 347 Failure to comply may result in the department issuing a minimum 348 fine of $1,000 per instance of noncompliance. 349 Section 7.Subsection (2) and paragraphs (b) and (c) of 350 subsection (3) of section 1012.32, Florida Statutes, are amended 351 to read: 352 1012.32Qualifications of personnel. 353 (2)(a)Instructional and noninstructional personnel who are 354 hired or contracted to fill positions that require direct 355 contact with students in any district school system or 356 university lab school must, upon employment or engagement to 357 provide services, undergo background screening as required under 358 s. 1012.465 or s. 1012.56, whichever is applicable. 359 (b)1.Instructional and noninstructional personnel who are 360 hired or contracted to fill positions in a charter school other 361 than a school of hope as defined in s. 1002.333, and members of 362 the governing board of such charter school, in compliance with 363 s. 1002.33(12)(g), upon employment, engagement of services, or 364 appointment, shall undergo background screening as required 365 under s. 1012.465 or s. 1012.56, whichever is applicable, by 366 filing with the district school board for the school district in 367 which the charter school is located a complete set of 368 fingerprints taken by an authorized law enforcement agency or an 369 employee of the school or school district who is trained to take 370 fingerprints. 371 2.Instructional and noninstructional personnel who are 372 hired or contracted to fill positions in a school of hope as 373 defined in s. 1002.333, and members of the governing board of 374 such school of hope, shall file with the school of hope a 375 complete set of fingerprints taken by an authorized law 376 enforcement agency, by an employee of the school of hope or 377 school district who is trained to take fingerprints, or by any 378 other entity recognized by the Department of Law Enforcement to 379 take fingerprints. 380 (c)Instructional and noninstructional personnel who are 381 hired or contracted to fill positions that require direct 382 contact with students in an alternative school that operates 383 under contract with a district school system must, upon 384 employment or engagement to provide services, undergo background 385 screening as required under s. 1012.465 or s. 1012.56, whichever 386 is applicable, by filing with the district school board for the 387 school district to which the alternative school is under 388 contract a complete set of fingerprints taken by an authorized 389 law enforcement agency or an employee of the school or school 390 district who is trained to take fingerprints. 391 (d)Student teachers and persons participating in a field 392 experience pursuant to s. 1004.04(5) or s. 1004.85 in any 393 district school system, lab school, or charter school must, upon 394 engagement to provide services, undergo background screening as 395 required under s. 1012.56. 396 397 Required fingerprints must be submitted to the Care Provider 398 Background Screening Clearinghouse under s. 435.12, to the 399 Department of Law Enforcement for statewide criminal and 400 juvenile records checks, and to the Federal Bureau of 401 Investigation for federal criminal records checks. A person 402 subject to this subsection who is found ineligible for 403 employment under s. 435.04(2) and (3) or s. 1012.315, or 404 otherwise found through background screening to have been 405 convicted of any crime involving moral turpitude as defined by 406 rule of the State Board of Education, may shall not be employed, 407 engaged to provide services, or serve in any position that 408 requires direct contact with students. Probationary persons 409 subject to this subsection terminated because of their criminal 410 record have the right to appeal such decisions. The cost of the 411 background screening may be borne by the district school board, 412 the charter school, the employee, the contractor, or a person 413 subject to this subsection. A district school board shall 414 reimburse a charter school the cost of background screening if 415 it does not notify the charter school of the eligibility of a 416 governing board member or instructional or noninstructional 417 personnel within the earlier of 14 days after receipt of the 418 background screening results from the Florida Department of Law 419 Enforcement or 30 days of submission of fingerprints by the 420 governing board member or instructional or noninstructional 421 personnel. 422 (3) 423 (b)The Department of Law Enforcement shall search all 424 arrest fingerprints received under s. 943.051 against the 425 fingerprints retained in the statewide automated biometric 426 identification system under paragraph (a). Any arrest record 427 that is identified with the retained fingerprints of a person 428 subject to the background screening under this section shall be 429 reported to the employing or contracting school district or the 430 school district with which the person is affiliated through an 431 alert from the clearinghouse. Each school district is required 432 to participate in this search process by payment of an annual 433 fee to the Department of Law Enforcement and by informing the 434 Department of Law Enforcement of any change in the affiliation, 435 employment, or contractual status or place of affiliation, 436 employment, or contracting of its instructional and 437 noninstructional personnel whose fingerprints are retained under 438 paragraph (a) through the clearinghouse. The Department of Law 439 Enforcement shall adopt a rule setting the amount of the annual 440 fee to be imposed upon each school district for performing these 441 searches and establishing the procedures for the retention of 442 instructional and noninstructional personnel fingerprints and 443 the dissemination of search results. The fee may be borne by the 444 district school board, the contractor, or the person 445 fingerprinted. 446 (c)Personnel whose fingerprints are not retained by the 447 Department of Law Enforcement under paragraphs (a) and (b) must 448 be refingerprinted and rescreened in accordance with subsection 449 (2) upon reemployment or reengagement to provide services in 450 order to comply with the requirements of this subsection. 451 Section 8.Subsection (2) of section 1012.465, Florida 452 Statutes, is amended to read: 453 1012.465Background screening requirements for certain 454 noninstructional school district employees and contractors. 455 (2)Every 5 years following employment or entry into a 456 contract in a capacity described in subsection (1), each person 457 who is so employed or under contract with the school district 458 must meet level 2 screening requirements as described in s. 459 1012.32, at which time the school district shall request through 460 the Care Provider Background Screening Clearinghouse under s. 461 435.12 the Department of Law Enforcement to forward the 462 fingerprints to the Federal Bureau of Investigation for the 463 level 2 screening. If, for any reason following employment or 464 entry into a contract in a capacity described in subsection (1), 465 the fingerprints of a person who is so employed or under 466 contract with the school district are not retained by the 467 Department of Law Enforcement under s. 1012.32(3)(a) and (b), 468 the person must file a complete set of fingerprints with the 469 district school superintendent of the employing or contracting 470 school district through the clearinghouse. Upon submission of 471 fingerprints for this purpose, the school district shall request 472 the Department of Law Enforcement to forward the fingerprints to 473 the Federal Bureau of Investigation for the level 2 screening, 474 and the fingerprints shall be retained by the Department of Law 475 Enforcement under s. 1012.32(3)(a) and (b). The cost of the 476 state and federal criminal history check required by level 2 477 screening may be borne by the district school board, the 478 contractor, or the person fingerprinted. Under penalty of 479 perjury, each person who is employed or under contract in a 480 capacity described in subsection (1) must agree to inform his or 481 her employer or the party with whom he or she is under contract 482 within 48 hours if convicted of any disqualifying offense while 483 he or she is employed or under contract in that capacity. 484 Section 9.Paragraphs (a), (b), (d), and (e) of subsection 485 (2), subsections (3) through (6), and paragraph (a) of 486 subsection (7) of section 1012.467, Florida Statutes, are 487 amended to read: 488 1012.467Noninstructional contractors who are permitted 489 access to school grounds when students are present; background 490 screening requirements. 491 (2)(a)A fingerprint-based criminal history check shall be 492 performed on each noninstructional contractor who is permitted 493 access to school grounds when students are present, whose 494 performance of the contract with the school or school board is 495 not anticipated to result in direct contact with students, and 496 for whom any unanticipated contact would be infrequent and 497 incidental. Criminal history checks shall be performed at least 498 once every 5 years. For the initial criminal history check, each 499 noninstructional contractor who is subject to the criminal 500 history check shall file with the Department of Law Enforcement 501 through the Care Provider Background Screening Clearinghouse 502 under s. 435.12 a complete set of fingerprints taken by an 503 authorized law enforcement agency or an employee of a school 504 district, a public school, or a private company who is trained 505 to take fingerprints. The fingerprints shall be electronically 506 submitted for state processing through the clearinghouse to the 507 Department of Law Enforcement, which shall in turn submit the 508 fingerprints to the Federal Bureau of Investigation for national 509 processing. The results of each criminal history check shall be 510 reported to the school district in which the individual is 511 seeking access and entered into the shared system described in 512 subsection (7). The school district shall screen the results 513 using the disqualifying offenses in paragraph (f) (g). The cost 514 of the criminal history check may be borne by the district 515 school board, the school, or the contractor. A fee that is 516 charged by a district school board for such checks may not 517 exceed 30 percent of the total amount charged by the Department 518 of Law Enforcement and the Federal Bureau of Investigation. 519 (b)As authorized by law, the Department of Law Enforcement 520 shall retain the fingerprints submitted by the school districts 521 pursuant to this subsection to the Department of Law Enforcement 522 for a criminal history background screenings screening in a 523 manner provided by rule and enter the fingerprints in the 524 statewide automated biometric identification system authorized 525 by s. 943.05(2)(b). The fingerprints shall thereafter be 526 available for all purposes and uses authorized for arrest 527 fingerprints entered into the statewide automated biometric 528 identification system under s. 943.051. 529 (d)School districts may participate in the search process 530 described in this subsection by using the clearinghouse and 531 paying any applicable an annual fee to the Agency for Health 532 Care Administration or the Department of Law Enforcement. 533 (e)A fingerprint retained pursuant to this subsection 534 shall be purged from the automated biometric identification 535 system 5 years following the date the fingerprint was initially 536 submitted. The Department of Law Enforcement shall set the 537 amount of the annual fee to be imposed upon each participating 538 agency for performing these searches and establishing the 539 procedures for retaining fingerprints and disseminating search 540 results. The fee may be borne as provided by law. Fees may be 541 waived or reduced by the executive director of the Department of 542 Law Enforcement for good cause shown. 543 (3)If it is found that a noninstructional contractor has 544 been convicted of any of the offenses listed in paragraph (2)(f) 545 (2)(g), the individual shall be immediately suspended from 546 having access to school grounds and shall remain suspended 547 unless and until the conviction is set aside in any 548 postconviction proceeding. 549 (4)A noninstructional contractor who has been convicted of 550 any of the offenses listed in paragraph (2)(f) (2)(g) may not be 551 permitted on school grounds when students are present unless the 552 contractor has received a full pardon or has had his or her 553 civil rights restored. A noninstructional contractor who is 554 present on school grounds in violation of this subsection 555 commits a felony of the third degree, punishable as provided in 556 s. 775.082 or s. 775.083. 557 (5)If a school district has reasonable cause to believe 558 that grounds exist for the denial of a contractors access to 559 school grounds when students are present, it shall notify the 560 contractor in writing, stating the specific record that 561 indicates noncompliance with the standards set forth in this 562 section. It is the responsibility of the affected contractor to 563 contest his or her denial. The only basis for contesting the 564 denial is proof of mistaken identity or that an offense from 565 another jurisdiction is not disqualifying under paragraph (2)(f) 566 (2)(g). 567 (6)Each contractor who is subject to the requirements of 568 this section shall agree to inform his or her employer or the 569 party to whom he or she is under contract and the school 570 district within 48 hours if he or she is arrested for any of the 571 disqualifying offenses in paragraph (2)(f) (2)(g). A contractor 572 who willfully fails to comply with this subsection commits a 573 felony of the third degree, punishable as provided in s. 775.082 574 or s. 775.083. If the employer of a contractor or the party to 575 whom the contractor is under contract knows the contractor has 576 been arrested for any of the disqualifying offenses in paragraph 577 (2)(f) (2)(g) and authorizes the contractor to be present on 578 school grounds when students are present, such employer or such 579 party commits a felony of the third degree, punishable as 580 provided in s. 775.082 or s. 775.083. 581 (7)(a)The clearinghouse must allow Department of Law 582 Enforcement shall implement a system that allows for the results 583 of a criminal history check provided to a school district to be 584 shared with other school districts through a secure Internet 585 website or other secure electronic means. School districts must 586 accept reciprocity of level 2 screenings for Florida High School 587 Athletic Association officials. 588 Section 10.Paragraph (b) of subsection (10) of section 589 1012.56, Florida Statutes, is amended to read: 590 1012.56Educator certification requirements. 591 (10)BACKGROUND SCREENING REQUIRED, INITIALLY AND 592 PERIODICALLY. 593 (b)A person may not receive a certificate under this 594 chapter until the persons screening under s. 1012.32 is 595 completed and the results have been submitted to the Department 596 of Education or to the district school superintendent of the 597 school district that employs the person. Every 5 years after 598 obtaining initial certification, each person who is required to 599 be certified under this chapter must be rescreened in accordance 600 with s. 1012.32, at which time the school district shall, 601 through the Care Provider Background Screening Clearinghouse 602 under s. 435.12, request the Department of Law Enforcement to 603 forward the fingerprints to the Federal Bureau of Investigation 604 for federal criminal records checks. If, for any reason after 605 obtaining initial certification, the fingerprints of a person 606 who is required to be certified under this chapter are not 607 retained by the Department of Law Enforcement under s. 608 1012.32(3)(a) and (b), the person must file a complete set of 609 fingerprints with the district school superintendent of the 610 employing school district. Upon submission of fingerprints for 611 this purpose, the school district shall use the clearinghouse to 612 request the Department of Law Enforcement to forward the 613 fingerprints to the Federal Bureau of Investigation for federal 614 criminal records checks, and the fingerprints shall be retained 615 by the Department of Law Enforcement under s. 1012.32(3)(a) and 616 (b). The cost of the state and federal criminal history checks 617 required by paragraph (a) and this paragraph may be borne by the 618 district school board or the employee. Under penalty of perjury, 619 each person who is certified under this chapter must agree to 620 inform his or her employer within 48 hours if convicted of any 621 disqualifying offense while he or she is employed in a position 622 for which such certification is required. 623 Section 11.Paragraph (c) of subsection (9) of section 624 381.986, Florida Statutes, is amended to read: 625 381.986Medical use of marijuana. 626 (9)BACKGROUND SCREENING.An individual required to undergo 627 a background screening pursuant to this section must pass a 628 level 2 background screening as provided under chapter 435, 629 which, in addition to the disqualifying offenses provided in s. 630 435.04, shall exclude an individual who has an arrest awaiting 631 final disposition for, has been found guilty of, regardless of 632 adjudication, or has entered a plea of nolo contendere or guilty 633 to an offense under chapter 837, chapter 895, or chapter 896 or 634 similar law of another jurisdiction. 635 (c)Fingerprints submitted to the Department of Law 636 Enforcement pursuant to this subsection shall be retained by the 637 Department of Law Enforcement as provided in s. 943.05(2)(h) and 638 (i) s. 943.05(2)(g) and (h) and, when the Department of Law 639 Enforcement begins participation in the program, enrolled in the 640 Federal Bureau of Investigations national retained print arrest 641 notification program. Any arrest record identified shall be 642 reported to the department. 643 Section 12.Paragraph (d) of subsection (1) of section 644 381.988, Florida Statutes, is amended to read: 645 381.988Medical marijuana testing laboratories; marijuana 646 tests conducted by a certified laboratory. 647 (1)A person or entity seeking to be a certified marijuana 648 testing laboratory must: 649 (d)Require all owners and managers to submit to and pass a 650 level 2 background screening pursuant to s. 435.04 and shall 651 deny certification if the person or entity has been found guilty 652 of, or has entered a plea of guilty or nolo contendere to, 653 regardless of adjudication, any offense listed in chapter 837, 654 chapter 895, or chapter 896 or similar law of another 655 jurisdiction. 656 1.Such owners and managers must submit a full set of 657 fingerprints to the department or to a vendor, entity, or agency 658 authorized by s. 943.053(13). The department, vendor, entity, or 659 agency shall forward the fingerprints to the Department of Law 660 Enforcement for state processing, and the Department of Law 661 Enforcement shall forward the fingerprints to the Federal Bureau 662 of Investigation for national processing. 663 2.Fees for state and federal fingerprint processing and 664 retention shall be borne by such owners or managers. The state 665 cost for fingerprint processing shall be as provided in s. 666 943.053(3)(e) for records provided to persons or entities other 667 than those specified as exceptions therein. 668 3.Fingerprints submitted to the Department of Law 669 Enforcement pursuant to this paragraph shall be retained by the 670 Department of Law Enforcement as provided in s. 943.05(2)(h) and 671 (i) s. 943.05(2)(g) and (h) and, when the Department of Law 672 Enforcement begins participation in the program, enrolled in the 673 Federal Bureau of Investigations national retained print arrest 674 notification program. Any arrest record identified shall be 675 reported to the department. 676 Section 13.Subsection (2) of section 408.809, Florida 677 Statutes, is amended to read: 678 408.809Background screening; prohibited offenses. 679 (2)Every 5 years following his or her licensure, 680 employment, or entry into a contract in a capacity that under 681 subsection (1) would require level 2 background screening under 682 chapter 435, each such person must submit to level 2 background 683 rescreening as a condition of retaining such license or 684 continuing in such employment or contractual status. For any 685 such rescreening, the agency shall request the Department of Law 686 Enforcement to forward the persons fingerprints to the Federal 687 Bureau of Investigation for a national criminal history record 688 check unless the persons fingerprints are enrolled in the 689 Federal Bureau of Investigations national retained print arrest 690 notification program. If the fingerprints of such a person are 691 not retained by the Department of Law Enforcement under s. 692 943.05(2)(h) and (i) s. 943.05(2)(g) and (h), the person must 693 submit fingerprints electronically to the Department of Law 694 Enforcement for state processing, and the Department of Law 695 Enforcement shall forward the fingerprints to the Federal Bureau 696 of Investigation for a national criminal history record check. 697 The fingerprints shall be retained by the Department of Law 698 Enforcement under s. 943.05(2)(h) and (i) s. 943.05(2)(g) and 699 (h) and enrolled in the national retained print arrest 700 notification program when the Department of Law Enforcement 701 begins participation in the program. The cost of the state and 702 national criminal history records checks required by level 2 703 screening may be borne by the licensee or the person 704 fingerprinted. The agency may accept as satisfying the 705 requirements of this section proof of compliance with level 2 706 screening standards submitted within the previous 5 years to 707 meet any provider or professional licensure requirements of the 708 Department of Financial Services for an applicant for a 709 certificate of authority or provisional certificate of authority 710 to operate a continuing care retirement community under chapter 711 651, provided that: 712 (a)The screening standards and disqualifying offenses for 713 the prior screening are equivalent to those specified in s. 714 435.04 and this section; 715 (b)The person subject to screening has not had a break in 716 service from a position that requires level 2 screening for more 717 than 90 days; and 718 (c)Such proof is accompanied, under penalty of perjury, by 719 an attestation of compliance with chapter 435 and this section 720 using forms provided by the agency. 721 Section 14.Subsection (2) of section 456.0135, Florida 722 Statutes, is amended to read: 723 456.0135General background screening provisions. 724 (2)All fingerprints submitted to the Department of Law 725 Enforcement as required under subsection (1) shall be retained 726 by the Department of Law Enforcement as provided under s. 727 943.05(2)(h) and (i) and (3) s. 943.05(2)(g) and (h) and (3) and 728 enrolled in the national retained print arrest notification 729 program at the Federal Bureau of Investigation when the 730 Department of Law Enforcement begins participation in the 731 program. The department shall notify the Department of Law 732 Enforcement regarding any person whose fingerprints have been 733 retained but who is no longer licensed. 734 Section 15.Paragraph (f) of subsection (2) of section 735 494.00312, Florida Statutes, is amended to read: 736 494.00312Loan originator license. 737 (2)In order to apply for a loan originator license, an 738 applicant must: 739 (f)Submit fingerprints in accordance with rules adopted by 740 the commission: 741 1.The fingerprints may be submitted to the registry, the 742 office, or a vendor acting on behalf of the registry or the 743 office. 744 2.The office may contract with a third-party vendor to 745 provide live-scan fingerprinting. 746 3.A state criminal history background check must be 747 conducted through the Department of Law Enforcement, and a 748 federal criminal history background check must be conducted 749 through the Federal Bureau of Investigation. 750 4.All fingerprints submitted to the Department of Law 751 Enforcement must be submitted electronically and entered into 752 the statewide automated biometric identification system 753 established in s. 943.05(2)(b) and available for use in 754 accordance with s. 943.05(2)(h) and (i) s. 943.05(2)(g) and (h). 755 The office shall pay an annual fee to the department to 756 participate in the system and inform the department of any 757 person whose fingerprints are no longer required to be retained. 758 5.The costs of fingerprint processing, including the cost 759 of retaining the fingerprints, shall be borne by the person 760 subject to the background check. 761 6.The office is responsible for reviewing the results of 762 the state and federal criminal history checks and determining 763 whether the applicant meets licensure requirements. 764 Section 16.Paragraph (d) of subsection (2) of section 765 494.00321, Florida Statutes, is amended to read: 766 494.00321Mortgage broker license. 767 (2)In order to apply for a mortgage broker license, an 768 applicant must: 769 (d)Submit fingerprints for each of the applicants control 770 persons in accordance with rules adopted by the commission: 771 1.The fingerprints may be submitted to the registry, the 772 office, or a vendor acting on behalf of the registry or the 773 office. 774 2.The office may contract with a third-party vendor to 775 provide live-scan fingerprinting. 776 3.A state criminal history background check must be 777 conducted through the Department of Law Enforcement, and a 778 federal criminal history background check must be conducted 779 through the Federal Bureau of Investigation. 780 4.All fingerprints submitted to the Department of Law 781 Enforcement must be submitted electronically and entered into 782 the statewide automated biometric identification system 783 established in s. 943.05(2)(b) and available for use in 784 accordance with s. 943.05(2)(h) and (i) s. 943.05(2)(g) and (h). 785 The office shall pay an annual fee to the department to 786 participate in the system and inform the department of any 787 person whose fingerprints are no longer required to be retained. 788 5.The costs of fingerprint processing, including the cost 789 of retaining the fingerprints, shall be borne by the person 790 subject to the background check. 791 6.The office is responsible for reviewing the results of 792 the state and federal criminal history checks and determining 793 whether the applicant meets licensure requirements. 794 Section 17.Paragraph (d) of subsection (2) of section 795 494.00611, Florida Statutes, is amended to read: 796 494.00611Mortgage lender license. 797 (2)In order to apply for a mortgage lender license, an 798 applicant must: 799 (d)Submit fingerprints for each of the applicants control 800 persons in accordance with rules adopted by the commission: 801 1.The fingerprints may be submitted to the registry, the 802 office, or a vendor acting on behalf of the registry or the 803 office. 804 2.The office may contract with a third-party vendor to 805 provide live-scan fingerprinting. 806 3.A state criminal history background check must be 807 conducted through the Department of Law Enforcement, and a 808 federal criminal history background check must be conducted 809 through the Federal Bureau of Investigation. 810 4.All fingerprints submitted to the Department of Law 811 Enforcement must be submitted electronically and entered into 812 the statewide automated biometric identification system 813 established in s. 943.05(2)(b) and available for use in 814 accordance with s. 943.05(2)(h) and (i) s. 943.05(2)(g) and (h). 815 The office shall pay an annual fee to the department to 816 participate in the system and inform the department of any 817 person whose fingerprints are no longer required to be retained. 818 5.The costs of fingerprint processing, including the cost 819 of retaining the fingerprints, shall be borne by the person 820 subject to the background check. 821 6.The office is responsible for reviewing the results of 822 the state and federal criminal history checks and determining 823 whether the applicant meets licensure requirements. 824 Section 18.Paragraph (c) of subsection (3) of section 825 496.4101, Florida Statutes, is amended to read: 826 496.4101Licensure of professional solicitors and certain 827 employees thereof. 828 (3) 829 (c)All fingerprints submitted to the Department of Law 830 Enforcement as required under this subsection shall be retained 831 by the Department of Law Enforcement as provided under s. 832 943.05(2)(h) and (i) s. 943.05(2)(g) and (h) and enrolled in the 833 Federal Bureau of Investigations national retained print arrest 834 notification program. Fingerprints shall not be enrolled in the 835 national retained print arrest notification program until the 836 Department of Law Enforcement begins participation with the 837 Federal Bureau of Investigation. Arrest fingerprints will be 838 searched against the retained prints by the Department of Law 839 Enforcement and the Federal Bureau of Investigation. 840 Section 19.Paragraph (c) of subsection (2) of section 841 559.555, Florida Statutes, is amended to read: 842 559.555Registration of consumer collection agencies; 843 procedure. 844 (2)In order to apply for a consumer collection agency 845 registration, an applicant must: 846 (c)Submit fingerprints for each of the applicants control 847 persons in accordance with rules adopted by the commission. 848 1.The fingerprints may be submitted through a third-party 849 vendor authorized by the Department of Law Enforcement to 850 provide live-scan fingerprinting. 851 2.A state criminal history background check must be 852 conducted through the Department of Law Enforcement, and a 853 national criminal history background check must be conducted 854 through the Federal Bureau of Investigation. 855 3.All fingerprints submitted to the Department of Law 856 Enforcement must be submitted electronically and entered into 857 the statewide automated biometric identification system 858 established in s. 943.05(2)(b) and available for use in 859 accordance with s. 943.05(2)(h) and (i) s. 943.05(2)(g) and (h). 860 The office shall pay an annual fee to the Department of Law 861 Enforcement to participate in the system and inform the 862 Department of Law Enforcement of any person whose fingerprints 863 are no longer required to be retained. 864 4.The costs of fingerprint processing, including the cost 865 of retaining the fingerprints, shall be borne by the person 866 subject to the background check. 867 5.The office is responsible for reviewing the results of 868 the state and national criminal history background checks and 869 determining whether the applicant meets registration 870 requirements. 871 Section 20.Paragraph (c) of subsection (1) of section 872 560.141, Florida Statutes, is amended to read: 873 560.141License application. 874 (1)To apply for a license as a money services business 875 under this chapter, the applicant must submit: 876 (c)Fingerprints for each person listed in subparagraph 877 (a)3. for live-scan processing in accordance with rules adopted 878 by the commission. 879 1.The fingerprints may be submitted through a third-party 880 vendor authorized by the Department of Law Enforcement to 881 provide live-scan fingerprinting. 882 2.The Department of Law Enforcement must conduct the state 883 criminal history background check, and a federal criminal 884 history background check must be conducted through the Federal 885 Bureau of Investigation. 886 3.All fingerprints submitted to the Department of Law 887 Enforcement must be submitted electronically and entered into 888 the statewide automated fingerprint identification system 889 established in s. 943.05(2)(b) and available for use in 890 accordance with s. 943.05(2)(h) and (i) s. 943.05(2)(g) and (h). 891 The office shall pay an annual fee to the Department of Law 892 Enforcement to participate in the system and shall inform the 893 Department of Law Enforcement of any person whose fingerprints 894 no longer must be retained. 895 4.The costs of fingerprint processing, including the cost 896 of retaining the fingerprints, shall be borne by the person 897 subject to the background check. 898 5.The office shall review the results of the state and 899 federal criminal history background checks and determine whether 900 the applicant meets licensure requirements. 901 6.For purposes of this paragraph, fingerprints are not 902 required to be submitted if the applicant is a publicly traded 903 corporation or is exempted from this chapter under s. 904 560.104(1). The term publicly traded means a stock is 905 currently traded on a national securities exchange registered 906 with the federal Securities and Exchange Commission or traded on 907 an exchange in a country other than the United States regulated 908 by a regulator equivalent to the Securities and Exchange 909 Commission and the disclosure and reporting requirements of such 910 regulator are substantially similar to those of the commission. 911 7.Licensees initially approved before October 1, 2013, who 912 are seeking renewal must submit fingerprints for each person 913 listed in subparagraph (a)3. for live-scan processing pursuant 914 to this paragraph. Such fingerprints must be submitted before 915 renewing a license that is scheduled to expire between April 30, 916 2014, and December 31, 2015. 917 Section 21.Paragraph (b) of subsection (5) of section 918 581.217, Florida Statutes, is amended to read: 919 581.217State hemp program. 920 (5)LICENSURE. 921 (b)A person seeking to cultivate hemp must apply to the 922 department for a license on a form prescribed by the department 923 and must submit a full set of fingerprints to the department 924 along with the application. 925 1.The department shall forward the fingerprints to the 926 Department of Law Enforcement for state processing, and the 927 Department of Law Enforcement shall forward the fingerprints to 928 the Federal Bureau of Investigation for national processing. 929 2.Fingerprints submitted to the Department of Law 930 Enforcement pursuant to this paragraph must be retained by the 931 Department of Law Enforcement as provided in s. 943.05(2)(h) and 932 (i) s. 943.05(2)(g) and (h) and must be retained as provided in 933 s. 943.05(4) when the Department of Law Enforcement begins 934 participation in the Federal Bureau of Investigations national 935 retained fingerprint arrest notification program. 936 3.Any arrest record identified shall be reported to the 937 department. 938 Section 22.This act shall take effect July 1, 2023.