The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Criminal Justice
BILL: SB 1830
INTRODUCER: Senators Brodeur and Book
SUBJECT: Background Screenings
DATE: January 31, 2022
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Erickson Jones CJ Pre-meeting
2. ACJ
3. AP
I. Summary:
SB 1830 amends various statutes and statutory provisions relating to background screenings of
individuals who work with children and other vulnerable persons. These persons are required to
undergo criminal background screening. Depending on the role of the individual or the agency
responsible, the individual may be screened by the Florida Department of Law Enforcement
(FDLE) through the Volunteer Employee Criminal History System (VECHS), the Florida Shared
School Results (FSSR) system, or the Care Provider Background Screening Clearinghouse
(Clearinghouse). However, screening results are only shared among employers through the FSSR
or the Clearinghouse.
Major features of the bill include:
Requiring school districts, lab schools, the Florida School for the Deaf and the Blind, the
Florida Virtual School, virtual instruction providers, charter schools, school of hope
operators, early learning coalitions, and qualified entities currently using the VECHS, to
conduct background screenings through the Clearinghouse;
Requiring the FDLE to annually issue a compliance decal to qualified entities who must
display the decal in a conspicuous location clearly visible to the public;
Revising screening requirements for athletic coaches by changing the screening standard
from level 1 to level 2;
Revising screening requirements for noninstructional personnel by including arrests for
certain offenses as disqualifying offenses;
Requiring qualified entities to comply with screening requirements and authorizing the
FDLE to issue a minimum fine of $1,000 per instance of noncompliance; and
Requiring that the Criminal Justice Information Program develop a method for establishing
direct identification through automated biometrics, which may include specified information.
REVISED: BILL: SB 1830 Page 2
The impact of the bill on the Agency for Health Care Administration (AHCA), FDLE, and the
Department of Education (DOE) has not yet been determined. See Section V. Fiscal Impact
Statement.
The bill takes effect July 1, 2023.
II. Present Situation:
Employee Background Screenings - Level 1 and Level 2 Screening Standards (ss. 435.03
and 435.04, F.S.)
Florida law provides standard procedures for screening a prospective employee where the
Legislature has determined it is necessary to conduct a criminal history background check to
protect vulnerable persons.
1
These standards include two different levels of screening: “level 1”
employment screening (s. 435.03, F.S.) and “level 2” employment screening (s. 435.04, F.S.).
Section 435.03, F.S., addresses a level 1 screening, which is a name-based demographic
screening that includes an employment history check, statewide criminal history record check
through the FDLE, and a check of the Dru Sjodin National Sex Offender Public Website,
2
and
may include local criminal records checks through local law enforcement agencies.
3
A level 1
screening may be conducted through the FDLE’s website, which provides immediate results.
4
Any person required by law to be screened pursuant to s. 435.03, F.S., must not have an arrest
awaiting final disposition, must not have been found guilty of, regardless of adjudication, or
entered a plea of nolo contendere or guilty to, and must not have been adjudicated delinquent and
the record has not been sealed or expunged for, any offense prohibited under s. 435.04(2), F.S.,
or similar law of another jurisdiction.
5
Section 453.04, F.S., addresses a level 2 screening, which is a fingerprint-based search of
statewide criminal history records through the FDLE and national criminal history records
through the Federal Bureau of Investigation (FBI), and may include local criminal records
checks through local law enforcement agencies.
6
The security background investigations under s. 435.04, F.S., must ensure that no persons subject
to the provisions of this statute have been arrested for and are awaiting final disposition of, have
1
Chapter 435, F.S.
2
This website, which is operated by the U.S., Department of Justice, contains information from sex offender registries of all
50 states, the District of Columbia, U.S. territories, and self-governing Native American communities/jurisdictions. See Dru
Sjodin National Sex Offender Public Website, The United States Department of Justice, available at https://www.nsopw.gov/
(last visited on Jan. 25, 2022).
3
Section 435.03(1), F.S.
4
State of Florida Criminal History Records Check, Florida Department of Law Enforcement, available at
http://www.fdle.state.fl.us/Criminal-History-Records/Florida-Checks.aspx (last visited on Jan. 25, 2022).
5
Section 435.03(2), F.S. Additionally, the security background investigations under s. 435.03, F.S., must ensure that no
person subject to this statute has been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or
guilty to, any offense that constitutes domestic violence as defined in s. 741.28, F.S., whether such act was committed in this
state or in another jurisdiction.
6
Section 435.4(1)(a), F.S. BILL: SB 1830 Page 3
been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to,
or have been adjudicated delinquent and the record has not been sealed or expunged for, any
offense prohibited under any state law offense listed in s. 435.04(2), F.S., or similar law of
another jurisdiction.
7
Florida licensure laws require providers licensed by the AHCA to conduct level 2 criminal
background screening for:
The licensee, if an individual;
The administrator or a similarly titled person who is responsible for the day-to-day operation
of the provider;
The financial officer or similarly titled individual who is responsible for the financial
operation of the licensee or provider;
Any person who is a controlling interest; and
Any person, as required by authorizing statutes, seeking employment with a licensee or
provider who is expected to, or whose responsibilities may require him or her to, provide
personal care or services directly to clients or have access to client funds, personal property,
or living areas; and any person, as required by authorizing statutes, contracting with a
licensee or provider whose responsibilities require him or her to provide personal care or
personal services directly to clients, or contracting with a licensee or provider to work 20
hours a week or more who will have access to client funds, personal property, or living
areas.
8
Volunteer Employee Criminal History System
The Volunteer Employee Criminal History System (VECHS) “was implemented in 1999 and is
authorized by the National Child Protection Act (NCPA)(1993),
9
as amended, and Florida
Statute 943.0542 (1999).”
10
The VECHS program provides “state and national criminal history
record information on applicants, employees, and volunteers to qualified organizations (not
individuals) in Florida. With this criminal history information, the organizations can more
effectively screen out current and prospective volunteers and employees who are not suitable for
contact with children, the elderly, or the disabled.”
11
A “qualified entity” is a business or organization, whether public, private, operated for profit,
operated not for profit, or voluntary, which provides care
12
or care placement services, including
7
Section 435.04(2), F.S. The extensive list of offenses in this subsection includes, but is not limited to, many violent
offenses, including sexual offenses. Id. Additionally, the security background investigations under s. 435.04, F.S., must
ensure that no person subject to this section has been arrested for and is awaiting final disposition of, been found guilty of,
regardless of adjudication, or entered a plea of nolo contendere or guilty to, any offense that constitutes domestic violence as
defined in s. 741.28, F.S., whether such act was committed in this state or in another jurisdiction.
8
Section 408.809(1), F.S.
9
Pub. L. 103-209 (Dec. 20, 1993).
10
Volunteer & Employee Criminal History System, Florida Department of Law Enforcement, available at
https://www.fdle.state.fl.us/Background-Checks/VECHS-
Home.aspx#:~:text=VECHS%20(pronounced%20%22vecks%22),Florida%20Statute%20943.0542%20(1999) (last visited
on Jan. 25, 2022).
11
Id.
12
“Care” means the provision of care, treatment, education, training, instruction, supervision, or recreation to children, the
elderly, or individuals with disabilities. Section 943.0542(1)(a), F.S. BILL: SB 1830 Page 4
a business or organization that licenses or certifies others to provide care or care placement
services.
13
Qualified entities that register with the FDLE may screen personnel and employees
through the submission of fingerprints. Each request must be voluntary and conform to the
requirements of the NCPA, as amended.
14
The FDLE provided further information on who is or is not qualified to participate in the
VECHS:
The VECHS program is not available to organizations currently required to obtain
criminal history record checks on their employees and/or volunteers under other statutory
provisions, such as day care centers. Those organizations must continue to follow the
statutory mandates that specifically apply to them. If, however, an organization is
required to obtain state and national checks on only specific types of employees or
volunteers, the VECHS program may be able to process requests for state and national
checks on the organization’s other employees or volunteers.
To be qualified to participate in the VECHS program, an organization (public, private,
profit, or non-profit) or particular program facilitated by the organization must offer
“care” or “care placement services,” specifically to children, the elderly, or the disabled,
as defined in Florida Statute 943.0542.
15
Care Provider Background Screening Clearinghouse (s. 435.12, F.S.)
Many different agencies, programs, employers, and professionals serve vulnerable populations in
Florida. Personnel working with those entities, including paid employees and volunteers are
subject to background screening requirements. However, due to restrictions placed on the sharing
of criminal history information, persons who work for more than one agency or employer or
change jobs, or wish to volunteer for such an entity, often must undergo a new and duplicative
background screening and fingerprinting. This was time consuming for those involved and
increases the cost to the employer or employee.
16
Policies imposed by the FBI prevent the sharing of criminal history information except within a
given “program.” Since each regulatory area is covered by a different controlling statute and
screenings are done for separate purposes, the screenings have been viewed as separate
“program” areas and sharing of results has not been allowed. In addition, screenings are only as
good as the date they are run. Arrests or convictions occurring after the screening are not known
until the person is rescreened or self-reports.
17
13
Section 943.0542(1)(b), F.S.
14
Section 943.0542(2), F.S.
15
About VECHS, Florida Department of Law Enforcement, available at https://www.fdle.state.fl.us/Background-
Checks/About-Us (last visited on Jan. 25, 2022).
16
Florida House of Representatives Staff Analysis (CS/CS/CS/HB 943), dated Feb. 17, 2012, available at
https://www.flsenate.gov/Session/Bill/2012/943/Analyses/h0943e.HHSC.PDF (last visited on Jan. 25, 2022).
17
Id. BILL: SB 1830 Page 5
In response to these issues, the Legislature created the Care Provider Background Screening
Clearinghouse (Clearinghouse) in 2012.
18
The legislation required the AHCA, in consultation
with the FDLE, to create the Clearinghouse. “The purpose of the Clearinghouse is to provide a
single data source for background screening results of persons required to be screened by law for
employment in positions that provide services to children, the elderly, and disabled individuals.
The Clearinghouse allows the results of criminal history checks to be shared among specified
agencies
19
when a person has applied to volunteer, be employed, be licensed, or enter into a
contract that requires a state and national fingerprint-based criminal history check....”
20
Background Screening of Individuals at Schools
Individuals who work in or provide services to school districts, charter schools, school of hope,
alternative schools, and private schools participating in state school choice scholarship programs
must undergo a fingerprint-based background screening before being permitted access to school
grounds.
21
The individuals who must undergo background screening fall under three personnel
classifications: instructional and noninstructional personnel;
22
noninstructional school district
employees and contracted personnel;
23
and noninstructional contractors.
24
Candidates for
educator certification must also undergo background screening.
25
Because they are more likely to have direct contact with students, an extensive list of
disqualifying offenses applies to candidates for educator certification, instructional and
noninstructional personnel, and noninstructional school district employees and contracted
personnel, relevant to these personnel and employees.
26
In contrast, a more limited list of
disqualifying offenses applies to noninstructional contractors, individuals who are not school
district employees and have little or no direct contact with students.
27
18
Id. See ch. 2012-73, L.O.F.
19
“Specified agencies” include the AHCA, the Department of Health (DOH), the Department of Children and Families, the
Department of Elder Affairs, the Agency for Persons with Disabilities, and Vocational Rehabilitation within the Department
of Education. See s. 435.02(5), F.S., and Privacy Policy Acknowledgement Form, Care Provider Background Screening
Clearinghouse, available at
https://ahca.myflorida.com/MCHQ/Central_Services/Background_Screening/docs/Privacy_Policy.pdf (last visited on Jan. 25,
2022).
20
Care Provider Background Screening Clearinghouse (Clearinghouse), Agency for Health Care Administration, available
at https://ahca.myflorida.com/MCHQ/Central_Services/Background_Screening/BGS_results.shtml (last visited on Jan. 25,
2022), citing s. 435.12, F.S.
21
Sections 1002.421(1)(m), 1012.32(2), 1012.465(1), and 1012.467(2)(a), F.S.
22
Instructional and noninstructional personnel include individuals who are hired or contracted to fill positions that require
direct contact with students in any public school or alternative school or fill positions in a charter school or school of hope.
Section 1012.32(2), F.S.
23
Noninstructional school district employees and contracted personnel include individuals who are permitted access to school
grounds when students are present; who have direct contact with students; or who have access to, or control of, school funds.
Section 1012.465(1), F.S.
24
Noninstructional contractors are vendors or contractors who are not school district employees, are permitted access to
school grounds when students are present, and have little or no direct contact with students. Section 1012.467(1)(a) and
(2)(a), F.S.
25
Sections 1012.315 and 1012.56(10)(a), F.S.
26
Sections 1012.315, 1012.32(2) (flush left language at the end of the subsection), and 1012.465(2) and (3), F.S.
27
Section 1012.467(2)(g), F.S. BILL: SB 1830 Page 6
Fingerprints taken for a background screening are submitted to the FDLE for a statewide
criminal and juvenile records check and to the FBI for a national criminal records check. The
cost of the background screening may be borne by the district school board, the charter school, or
the individual who is subject to the screening requirements.
28
The FDLE enters and retains in the Biometric Identification System (BIS) the applicant
fingerprints submitted for state and national criminal history checks by such agencies or entities
to participate in the Applicant Fingerprint Retention and Notification Program (AFRNP) for
current and prospective employees, contractors, volunteers, and persons seeking to be licensed or
certified.
29
The FDLE searches all arrest fingerprints received under s. 943.051, F.S. (Criminal
Justice Information Program),
30
against the fingerprints retained in the AFRNP.
31
Any arrest
record that is identified with the retained fingerprints of a person subject to the background
screening must be reported to the employing or contracting school district or the school district
with which the person is affiliated.
32
The Florida Shared School Results (FSSR) system allows contractors who have been
fingerprinted in a school district to have their criminal history results shared with other school
districts in Florida.
33
In addition to fingerprint-based background screening, before employing instructional personnel
or school administrators in any position that requires direct contact with students, school
districts, charter schools, and private schools participating in a state school choice scholarship
program must:
Conduct an employment history check of the individual’s previous employer. If unable to
contact a previous employer, efforts to contact the employer must be documented;
Screen the individual through use of the DOE’s Professional Practices’ Database of
Disciplinary Actions Against Educators, Teacher Certification Database, and the
disqualification list;
34
and
Document the findings.
35
The disqualification list is maintained by the DOE and includes:
The identity of any person who has been permanently denied an educator certificate or whose
certificate was permanently revoked and has been placed on the list as directed by the
Education Practices Commission (EPC);
36
28
Section 1012.32(2), F.S. (flush-left language at the end of the subsection).
29
Section 1012.32(3)(a), F.S.; s. 943.05(2)(g) and (h), (3), and (4), F.S.; and Rule 11C-6.010(1), F.A.C., available at
https://www.law.cornell.edu/regulations/florida/Fla-Admin-Code-r-11C-6-010 (last visited on Jan. 25, 2022).
30
Section 943.051, F.S.
31
Section 1012.32(3)(b), F.S.
32
Id.
33
Section 1012.467(7)(a), F.S., and Jessica Lunsford Act Information, Florida Department of Law Enforcement, available at
http://www.fdle.state.fl.us/JLA/Jessica-Lunsford-Act-Information.aspx (last visited on Jan 25, 2022).
34
See s. 1001.10(5), F.S.
35
Sections 1002.33(12)(g)4. (charter schools), 1002.421(1)(o) (private schools), and 1012.27(6) (school districts), F.S.
36
See s. 1012.795, F.S., regarding the EPC’s authority to discipline. BILL: SB 1830 Page 7
The identity of any person who has been permanently disqualified by the DOE
Commissioner as an owner or operator of a private school participating in a state scholarship
program;
The identity of each person who has been terminated, or has resigned in lieu of termination,
from employment as a result of sexual misconduct with a student; and
The identity of any person who is ineligible for educator certification or employment under
s. 1012.315, F.S.
37
An individual on the disqualification list is prohibited from serving or applying to serve as an
employee or contracted personnel at any public school, charter school, or private school
participating in a state scholarship program. Any individual who knowingly violates this
prohibition commits a third degree felony.
38
The DOE is required to investigate complaints or allegations made against certified educators
and initiate proceedings to suspend or revoke the educator’s certificate if grounds exist to do
so.
39
Law enforcement agencies must notify the appropriate district school superintendent, charter
school governing board, private school owner or administrator, president of the Florida School
for the Deaf and the Blind, or university lab schools director or principal, as applicable, within
48 hours if its employee is charged with any felony or misdemeanor involving the abuse of
children or sale or possession of controlled substances.
40
Within 24 hours after such notification,
the school principal or designee must notify parents of enrolled students who had direct contact
with the perpetrator of the arrest and include, at a minimum, the employee’s name and the
specific charges against him or her.
41
Employee Misconduct Reporting Policies
Each school district, charter school, and private school participating in a state scholarship
program must post, at each school and on their website, if they maintain a website, their policies
and procedures relating to reporting alleged misconduct by instructional personnel, educational
support personnel, or school administrators which affects the health, safety, or welfare of a
student.
42
Additionally, the published policies and procedures must include the contact person to
whom the report is made and the penalties that will be imposed for failure to report
misconduct.
43
37
Section 1001.10(4)(b), F.S.
38
Section 1012.796(10), F.S. A third degree felony is generally punishable by not more than 5 years in state prison and a fine
not exceeding $5,000. Sections 775.082 and 775.083, F.S. But see ss. 775.082(10) and 921.00241, F.S. (prison diversion).
39
Section 1012.796(1), F.S.
40
Section 1012.797, F.S.
41
Id.
42
Section 1006.061(2), F.S.
43
Id. BILL: SB 1830 Page 8
Background Screening of Athletic Coaches by an Independent Sanctioning Authority
(s. 943.0438, F.S.)
Section 943.0438, F.S., requires an independent sanctioning authority
44
to conduct a level 1
background screening of each current and prospective athletic coach.
45,
46
The background screenings must be conducted annually and include a search of the athletic
coach’s name or other identifying information against state and federal registries of sexual
predators and sexual offenders. A background screening conducted by a commercial consumer
reporting agency in compliance with the federal Fair Credit Reporting Act using the identifying
information previously described that includes a level 1 background screening and a search of
that information against the national and sexual predator and sexual offender registries is deemed
to satisfy statutory requirements.
47
In 2014, the Legislature expanded background screening requirements for athletic coaches,
assistant coaches, and referees of independent sanctioning authorities and allowed a background
screening conducted by a commercial consumer reporting agency in compliance with federal
standards to satisfy the state level requirement so long as such screening includes a level 1
background screening and a search against the state and federal registries of sexual predators and
sexual offenders to meet the requirements under the statute.
48
An independent sanctioning authority must disqualify an applicant from acting as an athletic
coach in Florida if he or she is disqualified by the level 1 screening or if his or her name appears
in either registry.
49
Within seven days of the screening, the independent sanctioning authority
must provide written notification to a disqualified person advising him or her of the results.
50
In
specified circumstances, an independent sanctioning authority may grant an exception to an
applicant in accordance with s. 435.07(1)(a), F.S.
51
Examples of possible exceptions include, but
are not limited to, an applicant whose criminal record includes a:
Felony that occurred three or more years ago and he or she has lawfully completed or been
released from confinement or supervision for the disqualifying felony;
Misdemeanor and he or she has completed or been lawfully released from confinement or
supervision for the disqualifying misdemeanor offense; or
44
“Independent sanctioning authority” means a private, nongovernmental entity that organizes, operates, or coordinates a
youth athletic team in this state if the team includes one or more minors and is not affiliated with a private school as defined
in s. 1002.01, F.S. Section 943.0438(1)(b), F.S.
45
“Athletic coach” means a person who is authorized by an independent sanctioning authority to work as a coach, assistant
coach, or referee for 20 or more hours within a calendar year, whether for compensation or as a volunteer, for a youth athletic
team based in this state; and has direct contact with one or more minors on the youth athletic team. Section 943.0438(1)(a),
F.S.
46
Section 943.0438(2)(a),1., F.S.
47
Section 943.0438(2)(a),1. and 2., F.S.
48
Chapter 2014-9, L.O.F.
49
Section 943.0438(2)(b), F.S.
50
Section 943.0438(2)(c), F.S.
51
Section 943.0438(2)(b), F.S. BILL: SB 1830 Page 9
Felony when committed, but is now classified as a misdemeanor, and he or she has
completed or been lawfully released from confinement or supervision for all requirements
imposed.
52
Criminal Justice Information Program (CJIP) (s. 943.05, F.S.)
Section 943.05, F.S., establishes the Criminal Justice Information Program (CJIP) within the
FDLE. Among the requirements specified for CJIP are the requirements to:
Establish, implement, and maintain a statewide automated biometric identification system
capable of, but not limited to, reading, classifying, matching, and storing fingerprints, rolled
fingerprints, latent fingerprints, palm prints, and facial images;
53
Upon official written request, and subject to the FDLE having sufficient funds and equipment
to participate in such a request, from the agency executive director or secretary or from his or
her designee, or from qualified entities participating in the volunteer and employee criminal
history screening system under s. 943.0542, F.S., or as otherwise required by law, retain
fingerprints submitted by criminal and noncriminal justice agencies to the FDLE for a
criminal history background screening as provided by rule and enter the fingerprints in the
statewide automated biometric identification system previously described;
54
and
For each agency or qualified entity that officially requests retention of fingerprints or for
which retention is otherwise required by law, search all arrest fingerprint submissions
received under s. 943.051, F.S., against the fingerprints retained in the previously described
statewide automated biometric identification system.
55
III. Effect of Proposed Changes:
The bill amends various statutes and statutory provisions relating to background screenings of
individuals who work with children and other vulnerable persons to:
Require school districts, lab schools, the Florida School for the Deaf and the Blind, the
Florida Virtual School, virtual instruction providers, charter schools, school of hope
operators, early learning coalitions, and qualified entities currently using the VECHS, to
conduct background screenings through the Care Provider Background Screening
Clearinghouse (Clearinghouse);
Require the FDLE to annually issue a compliance decal to qualified entities who must
display the decal in a conspicuous location clearly visible to the public;
Revise screening requirements for athletic coaches by changing the screening standard from
level 1 to level 2;
Revise screening requirements for noninstructional personnel by including arrests for certain
offenses as disqualifying offenses;
Require qualified entities to comply with screening requirements and authorizing the FDLE
to issue a minimum fine of $1,000 per instance of noncompliance; and
52
Section 435.07(1), F.S.
53
Section 943.05(2)(a), F.S.
54
Section 943.05(2)(g), F.S. These fingerprints are thereafter available for all purposes and uses authorized for arrest
fingerprint submissions entered into the statewide automated biometric identification system pursuant to s. 943.051, F.S. Id.
55
Section 943.05(2)(a), F.S. BILL: SB 1830 Page 10
Require that the Criminal Justice Information Program develop a method for establishing
direct identification through automated biometrics, which may include specified information.
Provided below is a more detailed section-by-section analysis of the bill.
Section 1 amends s. 435.02, F.S., revising the definition of “specified agency” for purposes of
the Clearinghouse to include school districts, lab schools, The Florida School for the Deaf and
the Blind, the Florida Virtual School, virtual instruction providers, charter schools, hope
operators, early learning coalitions, and qualified entities currently using the VECHS.
Section 2 amends s. 435.04, F.S., relating to level 2 screening standards, to remove an obsolete
date regarding electronic submission of fingerprints to the FDLE.
Section 3 amends s. 435.12, F.S., relating to the Clearinghouse, to conform cross-references to
s. 943.05, F.S. (Criminal Justice Information Program), which is amended by the bill, and to
delete subsection (3) of the statute which contains language that was only relevant to the
Clearinghouse before it became operational.
Section 4 amends s. 943.0438, F.S., relating to revising background screening requirements of
athletic coaches, to:
Require an independent sanctioning authority to conduct a level 2 background screening
(instead of the current level 1 screening requirement) of each current and prospective athletic
coach;
Conform cross-references as a result of this change in screening level and remove current
background screening requirements in the statute relevant to a level 1 screening, including a
search of the athletic coach’s name or other identifying information against state and federal
registries of sexual predators and sexual offenders (information which will be available
through the level 2 screening);
Provide that an athletic coach who is required to be screened according to the level 2
background screening standards pursuant to s. 943.0438, F.S., be rescreened every 5 years
following the date of his or her most recent background screening or exemption, unless the
coach’s fingerprints are continuously retained and monitored by the FDLE in the federal
fingerprint retention program according to the procedures specified in s. 943.05, F.S.;
Delete language in subparagraph (2)(a)2. regarding a background screening conducted by a
commercial consumer reporting agency (no longer applicable due to the bill requiring a level
2 screening); and
Require an independent sanctioning authority to disqualify any person from acting as an
athletic coach according to level 2 standards in s. 435.04, F.S. (rather than level 1 screening
standards in s. 453.03, F.S., or identification on a sex offender registry).
Section 5 amends s. 943.05, F.S., relating to the Criminal Justice Information Program (CJIP), to
require the CJIP to develop a method for establishing direct identification through automated
biometrics, which may include, but is not limited to, the use of latent fingerprints, palm prints,
facial recognition, or retina scans.
BILL: SB 1830 Page 11
Section 6 amends s. 943.0542, F.S., relating to access to criminal history information provided
by the FDLE to qualified entities, to:
Require (rather than authorize) the FDLE to periodically audit qualified entities;
Require a qualified entity to use the Clearinghouse for screening an employee or volunteer or
employee or volunteer applicant (rather than submit a request to the FDLE);
Require the qualified entity to submit fingerprints electronically (rather than authorizing such
submission);
Require that the criminal history release waiver include a statement that the qualifying entity
understands that the FDLE will retain the fingerprints of the criminal history background
screening of each employee or volunteer as provided by rule and enter the fingerprints in the
statewide automated biometric identification system;
Delete paragraph (2)(d) (providing that any current or prospective employee or volunteer
who is subject to a request for screening must indicate to the qualified entity submitting the
request the name and address of each qualified entity that has submitted a previous request
for screening regarding that employee or volunteer);
Require that the Clearinghouse (rather than the FDLE) provide directly to the qualified entity
the state criminal history records that are public records;
Delete language in subsection (4) (requiring the FDLE to provide directly to the qualified
entity national criminal history data available to the qualified entity to use only for the
purpose of screening employees or volunteers or employee or volunteer applicants as
authorized by the written waiver required for submission of a request to the FDLE);
Prohibit a qualified entity from employing or allowing a volunteer whose criminal history
record disqualifies him or her under s. 435.04(2) and (3), F.S.;
Require the FDLE to design an annually dated compliance decal that must be sent to each
qualified entity registered with the FDLE to be displayed by each qualified entity in a place
easily accessible to the general public;
Delete language in subsection (7) (authorizing the FDLE to establish a database of registered
qualified entities, making this data available free of charge to all registered qualified entities,
and specifying what must be included in the database); and
Require qualified entities to comply with s. 943.0542, F.S., and authorize the FDLE to issue
a minimum fine of $1,000 per instance of noncompliance.
Section 7 amends s. 1012.32, F.S., relating to qualifications of instructional and noninstructional
personnel, to:
Require that fingerprints submitted in compliance with background screening requirements
for hiring or contracting such personnel be submitted to the Clearinghouse in addition to the
current requirement to submit those fingerprints to the FDLE (for statewide criminal juvenile
records checks) and the FBI (for federal criminal history records checks);
Provide that, in addition to a person found ineligible for employment under s. 1012.315, F.S.,
or because of a conviction for a crime involving moral turpitude, a person found ineligible
for employment under s. 435.04(2) and (3), F.S., may not be employed, engaged to provide
services, or serve in any position that requires direct contact with students;
Delete language in paragraph (2)(c) (requiring a district school board to reimburse a charter
school the cost of background screening if it does not notify the charter school of the
eligibility of a governing board member or instructional or noninstructional personnel within
a specified time period); BILL: SB 1830 Page 12
Require that the arrest record that is identified with the retained fingerprints of a person
subject to the background screening under s. 1012.32, F.S., be reported to the employing or
contracting school district or the school district with which the person is affiliated through an
alert from the Clearinghouse (no current requirement for a Clearinghouse alert); and
Delete paragraph (3)(c) (providing that personnel whose fingerprints are not retained by the
FDLE under specified provisions must be refingerprinted or rescreened upon reemployment
or reengagement to provide services in order to comply with the requirements of the statute).
Section 8 amends s. 1012.465, F.S., relating to background screening requirements for certain
noninstructional school district employees and contractors, to:
Require the school district to request through the Clearinghouse the FDLE to forward
fingerprints to the FBI for the level 2 background screening performed every 5 years on each
person employed or under contract with the school district (Clearinghouse is not currently
mentioned); and
Require a person who is employed or under contract with the school district to file a
complete set of fingerprints with the district school superintendent of the employing or
contracting school district through the Clearinghouse, if for any reason following
employment or entry into contract the fingerprints of the person were not retained
(Clearinghouse is not currently mentioned).
Section 9 amends s. 1012.467, F.S., relating to background screening requirements for
noninstructional contractors permitted access to school grounds when students are present, to:
Require each noninstructional contractor who is subject to the initial criminal history check
to file with the FDLE through the Clearinghouse a complete set of fingerprints taken by an
authorized law enforcement agency or an employee of a school district, a public school, or a
private company who is trained to take fingerprints (Clearinghouse is not currently
mentioned);
Authorize school districts to participate in the search process described in the statute by using
the Clearinghouse and paying any applicable annual fee to the AHCA or the FDLE
(Clearinghouse is not currently mentioned and the fee is currently paid only to the FDLE);
Delete paragraph (2)(e) (requiring purging a fingerprint in the automated biometric
identification system after 5 years as specified, requiring the FDLE to set the amount of the
annual search, establishing procedures retaining fingerprints and disseminating search
results, providing that the fee may be borne as provided by law, and authorizing fee waiver as
specified);
Require the Clearinghouse to allow for the results of a criminal history check provided to a
school district to be shared with other school districts through a secure Internet website or
other secure electronic means (currently the FDLE must implement a system that allows for
the criminal history check results as described); and
Correct paragraph references changed as a result of amendments to the statute.
Section 10 amends s. 1012.56, F.S., relating to educator certification requirements. Applicable to
rescreening educators every 5 years after initial certification, the bill requires the school district,
through the Clearinghouse, to request the FDLE to forward the fingerprints to the FBI for federal
criminal history records checks (currently the school district makes this request directly to the
FDLE). BILL: SB 1830 Page 13
Sections 11 through 21 amend, respectively, the following statutes to correct cross-references to
s. 943.05, F.S., which is amended by the bill:
Section 381.986, F.S., relating to medical use of marijuana;
Section 381.988, F.S., relating to medical marijuana testing laboratories;
Section 408.809, F.S., relating to background screening;
Section 456.0135, F.S., relating to general background screening provisions;
Section 494.00312, F.S., relating to a loan originator license;
Section 494.00321, F.S., relating to a mortgage broker license;
Section 494.00611, F.S., relating to a mortgage lender license;
Section 496.4101, F.S., relating to licensure of professional solicitors and certain employees
thereof;
Section 559.555, F.S., relating to registration of consumer collection agencies;
Section 560.141, F.S., relating to an application for licensure as a money service business;
and
Section 581.217, F.S., relating to the state hemp program.
Section 22 provides that the bill takes effect July 1, 2023.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
The bill does not appear to require cities and counties to expend funds or limit their
authority to raise revenue or receive state-shared revenues as specified by Article VII,
s. 18, of the Florida Constitution.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
The bill requires qualified entities to comply with screening requirements and authorizes
the FDLE to issue a minimum fine of $1,000 per instance of noncompliance. This
appears to be an administrative fine for noncompliance with statutory requirements.
It is uncertain if this provision of the bill imposes a “fee,” as that term is defined in
Art. VII, s. 19, of the Florida Constitution.
56
If it is such a “fee,” this constitutional
56
“Fee” means any charge or payment required by law, including any fee for service, fee or cost for licenses, and charge for
services. Art. VII, s. 19(d)1., FLA. CONST. BILL: SB 1830 Page 14
provision requires a supermajority vote and further requires that the fee be contained in a
separate bill that contains no other subject.
57
E. Other Constitutional Issues:
None identified.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
C. Government Sector Impact:
As authorized by s. 435.12, F.S., the Clearinghouse system housed in the AHCA is a
multiagency enterprise system that shares fingerprint results among specified agencies for
the purpose of reducing the overall cost to providers by eliminating duplicate screenings
for participating agencies.
The bill requires school districts, lab schools, the Florida School for the Deaf and the
Blind, the Florida Virtual School, virtual instruction providers, charter schools, school of
hope operators, early learning coalitions, and qualified entities currently using the
VECHS, to participate in the Clearinghouse; therefore, the AHCA will need to evaluate
the impact of the inclusion of these new entities. An analysis of the impact by AHCA was
requested but not received at the time this analysis was completed. Therefore, the impact
is currently unknown.
Further, an analysis of the bill’s impact on the FDLE and the DOE was requested but not
received at the time this analysis was completed. Therefore, the impact of the bill on
these agencies is currently unknown.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
57
See Art. VII, s. 19(a)1., FLA. CONST. (supermajority vote to impose a fee) and Art. VII, s. 19(e)., FLA. CONST. (single
subject requirement). BILL: SB 1830 Page 15
VIII. Statutes Affected:
This bill substantially amends the following sections of the Florida Statutes: 381.986, 381.988,
408.809, 435.02, 435.04, 435.12, 456.0135, 494.00312, 494.00321, 494.00611, 496.4101,
559.555, 560.141, 581.217, 943.0438, 943.05, 943.0542, 1012.32, 1012.465, 1012.467, and
1012.56.
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
None.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.