Florida Senate - 2022 CS for SB 1830 By the Committee on Criminal Justice; and Senators Brodeur and Book 591-02596-22 20221830c1 1 A bill to be entitled 2 An act relating to background screenings; amending s. 3 435.02, F.S.; defining the term educational 4 entities; amending s. 435.04, F.S.; deleting obsolete 5 language; amending s. 435.12, F.S.; authorizing 6 criminal history results to be provided to and shared 7 between certain parties; providing that existing 8 retention provisions apply to persons included in the 9 Care Provider Background Screening Clearinghouse; 10 removing obsolete language; amending s. 943.0438, 11 F.S.; requiring an independent sanctioning authority 12 to conduct level 2 background screenings of current 13 and prospective athletic coaches; requiring specified 14 entities to participate in a certain criminal history 15 system; amending s. 943.05, F.S.; deleting provisions 16 concerning conditions precedent to the retention of 17 certain fingerprints; requiring the Criminal Justice 18 Information Program to develop a certain 19 identification method; amending s. 943.0542, F.S.; 20 requiring specified entities to initiate criminal 21 history checks through the clearinghouse; requiring 22 the Department of Law Enforcement to audit certain 23 entities; requiring certain fingerprints to be entered 24 into the clearinghouse; requiring a waiver to include 25 specified information; prohibiting providers of child 26 care from specified associations with certain persons; 27 deleting a requirement that the Department of Law 28 Enforcement establish a certain database; amending s. 29 1002.33, F.S.; prohibiting a charter school from 30 employing specified persons; amending s. 1012.32, 31 F.S.; revising the procedure for background 32 screenings; expanding the types of background 33 screenings used by certain schools; deleting the right 34 to appeal certain terminations; deleting provisions 35 specifying financial responsibility and reimbursement 36 for background screenings; providing requirements of 37 and procedures for background screenings; providing 38 responsibility for background screening costs; 39 amending ss. 1012.465, 1012.467, and 1012.56, F.S.; 40 conforming provisions to changes made by the act; 41 providing an effective date. 42 43 Be It Enacted by the Legislature of the State of Florida: 44 45 Section 1.Present subsections (2) through (6) of section 46 435.02, Florida Statutes, are redesignated as subsections (3) 47 through (7), respectively, and a new subsection (2) is added to 48 that section, to read: 49 435.02Definitions.For the purposes of this chapter, the 50 term: 51 (2)Educational entities means the Department of 52 Education, each district unit under s. 1001.30, special district 53 units under s. 1011.24, the Florida School for the Deaf and the 54 Blind under s. 1002.36, the Florida Virtual School under s. 55 1002.37, virtual instruction programs under s. 1002.45, charter 56 schools under s. 1002.33, hope operators under s. 1002.333, and 57 alternative schools under s. 1008.341. 58 Section 2.Paragraphs (b) and (d) of subsection (1) of 59 section 435.04, Florida Statutes, are amended to read: 60 435.04Level 2 screening standards. 61 (1) 62 (b)Fingerprints submitted pursuant to this section on or 63 after July 1, 2012, must be submitted electronically to the 64 Department of Law Enforcement. 65 (d)An agency may require by rule that fingerprints 66 submitted pursuant to this section must be submitted 67 electronically to the Department of Law Enforcement on a date 68 earlier than July 1, 2012. 69 Section 3.Section 435.12, Florida Statutes, is amended to 70 read: 71 435.12Care Provider Background Screening Clearinghouse. 72 (1)The Agency for Health Care Administration in 73 consultation with the Department of Law Enforcement shall create 74 a secure web-based system, which shall be known as the Care 75 Provider Background Screening Clearinghouse or 76 clearinghouse., and which shall be implemented to the full 77 extent practicable no later than September 30, 2013, subject to 78 the specified agencies being funded and equipped to participate 79 in such program. The clearinghouse shall allow the results of 80 criminal history checks provided to the: 81 (a)Specified agencies for screening of persons qualified 82 as care providers under s. 943.0542 to be shared among the 83 specified agencies when a person has applied to volunteer, be 84 employed, be licensed, or enter into a contract that requires a 85 state and national fingerprint-based criminal history check. 86 (b)Educational entities for screening of instructional and 87 noninstructional personnel under ss. 1012.32, 1012.465, and 88 1012.56 to be shared among educational entities when a person 89 has applied to be employed, be licensed, or enter into a 90 contract that requires a state and national fingerprint-based 91 criminal history check. 92 (c)Educational entities for screening of persons under s. 93 1012.467 to be shared among educational entities when a person 94 has applied to be employed or enter into a contract that 95 requires a state and national fingerprint-based criminal history 96 check. 97 (d)Qualified entities for screening of persons qualified 98 as care providers under s. 943.0542 to be shared among the 99 qualified entities when a person has applied to volunteer, be 100 employed, or enter into a contract that requires a state and 101 national fingerprint-based criminal history check. 102 (e)Early learning coalitions for screening of persons 103 under s. 1002.55 to be shared among early learning coalitions 104 when a person has applied to be employed or enter into a 105 contract that requires a state and national fingerprint-based 106 criminal history check. 107 108 The Agency for Health Care Administration and the Department of 109 Law Enforcement may adopt rules to create forms or implement 110 procedures needed to carry out this section. 111 (2)(a)To ensure that the information in the clearinghouse 112 is current, the fingerprints of a person an employee required to 113 be screened by a specified agency and included in the 114 clearinghouse must be: 115 1.Retained by the Department of Law Enforcement pursuant 116 to s. 943.05(2)(g) and (h) and (3), and the Department of Law 117 Enforcement must report the results of searching those 118 fingerprints against state incoming arrest fingerprint 119 submissions to the Agency for Health Care Administration for 120 inclusion in the clearinghouse. 121 2.Retained by the Federal Bureau of Investigation in the 122 national retained print arrest notification program as soon as 123 the Department of Law Enforcement begins participation in such 124 program. Arrest prints will be searched against retained prints 125 at the Federal Bureau of Investigation and notification of 126 arrests will be forwarded to the Florida Department of Law 127 Enforcement and reported to the Agency for Health Care 128 Administration for inclusion in the clearinghouse. 129 3.Resubmitted for a Federal Bureau of Investigation 130 national criminal history check every 5 years until such time as 131 the fingerprints are retained by the Federal Bureau of 132 Investigation. 133 4.Subject to retention on a 5-year renewal basis with fees 134 collected at the time of initial submission or resubmission of 135 fingerprints. 136 5.Submitted with a photograph of the person taken at the 137 time the fingerprints are submitted. 138 (b)Until such time as the fingerprints are enrolled in the 139 national retained print arrest notification program at the 140 Federal Bureau of Investigation, a person included in the 141 clearinghouse an employee with a break in service of more than 142 90 days from a position that requires screening by a specified 143 agency must submit to a national screening if the person returns 144 to a position that requires screening by a specified agency. 145 (c)An employer of persons subject to screening by a 146 specified agency must register with the clearinghouse and 147 maintain the employment status of all employees within the 148 clearinghouse. Initial employment status and any changes in 149 status must be reported within 10 business days. 150 (d)An employer must register with and initiate all 151 criminal history checks through the clearinghouse before 152 referring an employee or potential employee for electronic 153 fingerprint submission to the Department of Law Enforcement. The 154 registration must include the employees full first name, middle 155 initial, and last name; social security number; date of birth; 156 mailing address; sex; and race. Individuals, persons, 157 applicants, and controlling interests that cannot legally obtain 158 a social security number must provide an individual taxpayer 159 identification number. 160 (3)An employee who has undergone a fingerprint-based 161 criminal history check by a specified agency before the 162 clearinghouse is operational is not required to be checked again 163 solely for the purpose of entry in the clearinghouse. Every 164 employee who is or will become subject to fingerprint-based 165 criminal history checks to be eligible to be licensed, have 166 their license renewed, or meet screening or rescreening 167 requirements by a specified agency once the specified agency 168 participates in the clearinghouse shall be subject to the 169 requirements of this section with respect to entry of records in 170 the clearinghouse and retention of fingerprints for reporting 171 the results of searching against state incoming arrest 172 fingerprint submissions. 173 Section 4.Paragraphs (a) and (b) of subsection (2) and 174 subsection (4) of section 943.0438, Florida Statutes, are 175 amended to read: 176 943.0438Athletic coaches for independent sanctioning 177 authorities. 178 (2)An independent sanctioning authority shall: 179 (a)1.Conduct a level 2 1 background screening pursuant to 180 s. 435.04 s. 435.03 of each current and prospective athletic 181 coach. The authority may not delegate this responsibility to an 182 individual team and may not authorize any person to act as an 183 athletic coach unless a level 2 1 background screening has been 184 is conducted and has does not resulted result in 185 disqualification under paragraph (b). Level 1 background 186 screenings shall be conducted annually for each athletic coach. 187 For purposes of this section, a background screening shall 188 include a search of the athletic coachs name or other 189 identifying information against state and federal registries of 190 sexual predators and sexual offenders, which are available to 191 the public on Internet sites provided by: 192 a.The Department of Law Enforcement under s. 943.043; and 193 b.The Attorney General of the United States under 42 194 U.S.C. s. 16920. 195 2.For purposes of this section, a background screening 196 conducted by a commercial consumer reporting agency in 197 compliance with the federal Fair Credit Reporting Act using the 198 identifying information referenced in subparagraph 1. that 199 includes a level 1 background screening and a search of that 200 information against the sexual predator and sexual offender 201 Internet sites listed in sub-subparagraphs 1.a. and b. shall be 202 deemed to satisfy the requirements of this paragraph. 203 (b)Disqualify any person from acting as an athletic coach 204 as provided in s. 435.04 s. 435.03 or if he or she is identified 205 on a registry described in paragraph (a). The authority may 206 allow a person disqualified under this paragraph to act as an 207 athletic coach if it determines that the person meets the 208 requirements for an exemption from disqualification under s. 209 435.07; however, an exemption may not be granted for an offense 210 listed under s. 435.07(4)(c). 211 (4)The Legislature encourages Independent sanctioning 212 authorities for youth athletic teams shall to participate in the 213 Volunteer and Employee Criminal History System, as authorized by 214 the National Child Protection Act of 1993 and s. 943.0542. 215 Section 5.Paragraphs (g) and (h) of subsection (2) of 216 section 943.05, Florida Statutes, are amended, and paragraph (i) 217 is added to that subsection, to read: 218 943.05Criminal Justice Information Program; duties; crime 219 reports. 220 (2)The program shall: 221 (g)Upon official written request, and subject to the 222 department having sufficient funds and equipment to participate 223 in such a request, from the agency executive director or 224 secretary or from his or her designee, or from qualified 225 entities participating in the volunteer and employee criminal 226 history screening system under s. 943.0542, or as otherwise 227 required by law, Retain fingerprints submitted by criminal and 228 noncriminal justice agencies to the department for a criminal 229 history background screening as provided by rule and enter the 230 fingerprints in the statewide automated biometric identification 231 system authorized by paragraph (b). Such fingerprints shall 232 thereafter be available for all purposes and uses authorized for 233 arrest fingerprint submissions entered into the statewide 234 automated biometric identification system pursuant to s. 235 943.051. 236 (h)For each agency or qualified entity that officially 237 requests retention of fingerprints or for which retention is 238 otherwise required by law, Search all arrest fingerprint 239 submissions received under s. 943.051 against the fingerprints 240 retained in the statewide automated biometric identification 241 system under paragraph (g). 242 1.Any arrest record that is identified with the retained 243 fingerprints of a person subject to background screening as 244 provided in paragraph (g) shall be reported to the appropriate 245 agency or qualified entity. 246 2.To participate in this search process, agencies or 247 qualified entities must notify each person fingerprinted that 248 his or her fingerprints will be retained, pay an annual fee to 249 the department unless otherwise provided by law, and inform the 250 department of any change in the affiliation, employment, or 251 contractual status of each person whose fingerprints are 252 retained under paragraph (g) if such change removes or 253 eliminates the agency or qualified entitys basis or need for 254 receiving reports of any arrest of that person, so that the 255 agency or qualified entity is not obligated to pay the upcoming 256 annual fee for the retention and searching of that persons 257 fingerprints to the department. The department shall adopt a 258 rule setting the amount of the annual fee to be imposed upon 259 each participating agency or qualified entity for performing 260 these searches and establishing the procedures for the retention 261 of fingerprints and the dissemination of search results. The fee 262 may be borne by the agency, qualified entity, or person subject 263 to fingerprint retention or as otherwise provided by law. 264 Consistent with the recognition of criminal justice agencies 265 expressed in s. 943.053(3), these services shall be provided to 266 criminal justice agencies for criminal justice purposes free of 267 charge. Qualified entities that elect to participate in the 268 fingerprint retention and search process are required to timely 269 remit the fee to the department by a payment mechanism approved 270 by the department. If requested by the qualified entity, and 271 with the approval of the department, such fees may be timely 272 remitted to the department by a qualified entity upon receipt of 273 an invoice for such fees from the department. Failure of a 274 qualified entity to pay the amount due on a timely basis or as 275 invoiced by the department may result in the refusal by the 276 department to permit the qualified entity to continue to 277 participate in the fingerprint retention and search process 278 until all fees due and owing are paid. 279 3.Agencies that participate in the fingerprint retention 280 and search process may adopt rules pursuant to ss. 120.536(1) 281 and 120.54 to require employers to keep the agency informed of 282 any change in the affiliation, employment, or contractual status 283 of each person whose fingerprints are retained under paragraph 284 (g) if such change removes or eliminates the agencys basis or 285 need for receiving reports of any arrest of that person, so that 286 the agency is not obligated to pay the upcoming annual fee for 287 the retention and searching of that persons fingerprints to the 288 department. 289 (i)Develop a method for establishing identification 290 through automated biometrics, which may include, but is not 291 limited to, the use of latent fingerprints, palm prints, facial 292 recognition, or retina scans. 293 Section 6.Subsections (2) through (5) and (7) of section 294 943.0542, Florida Statutes, are amended to read: 295 943.0542Access to criminal history information provided by 296 the department to qualified entities. 297 (2)(a)A qualified entity must register and initiate all 298 criminal history checks through the Care Provider Background 299 Screening Clearinghouse created under s. 435.12 with the 300 department before submitting a request for screening under this 301 section. Each such request must be voluntary and conform to the 302 requirements established in the National Child Protection Act of 303 1993, as amended. As a part of the registration, the qualified 304 entity must agree to comply with state and federal law and must 305 so indicate by signing an agreement approved by the department. 306 The department shall may periodically audit qualified entities 307 to ensure compliance with federal law and this section. 308 (b)All fingerprints received under this section shall be 309 entered into the clearinghouse as provided in s. 435.12 A 310 qualified entity shall submit to the department a request for 311 screening an employee or volunteer or person applying to be an 312 employee or volunteer by submitting fingerprints, or the request 313 may be submitted electronically. The qualified entity must 314 maintain a signed waiver allowing the release of the state and 315 national criminal history record information to the qualified 316 entity. The waiver must include a statement that the department 317 shall retain the fingerprints of the criminal history background 318 screening of each employee or volunteer as provided by rule and 319 enter the fingerprints in the statewide automated biometric 320 identification method under s. 943.05(2)(i). 321 (c)Each such request must be accompanied by payment of a 322 fee for a statewide criminal history check by the department 323 established by s. 943.053, plus the amount currently prescribed 324 by the Federal Bureau of Investigation for the national criminal 325 history check in compliance with the National Child Protection 326 Act of 1993, as amended. Payments must be made in the manner 327 prescribed by the department by rule. 328 (d)Any current or prospective employee or volunteer who is 329 subject to a request for screening must indicate to the 330 qualified entity submitting the request the name and address of 331 each qualified entity that has submitted a previous request for 332 screening regarding that employee or volunteer. 333 (3)The Care Provider Background Screening Clearinghouse 334 department shall provide directly to the qualified entity the 335 state criminal history records that are not exempt from 336 disclosure under chapter 119 or otherwise confidential under 337 law. A person who is the subject of a state criminal history 338 record may challenge the record only as provided in s. 943.056. 339 (4)The national criminal history data is available to 340 qualified entities to use only for the purpose of screening 341 employees and volunteers or persons applying to be an employee 342 or volunteer with a qualified entity. The Care Provider 343 Background Screening Clearinghouse department shall provide this 344 national criminal history record information directly to the 345 qualified entity as authorized by the written waiver required 346 for submission of a request to the department. 347 (5)The determination whether the criminal history record 348 shows that the employee or volunteer has been convicted of or is 349 under pending indictment for any crime that bears upon the 350 fitness of the employee or volunteer to have responsibility for 351 the safety and well-being of children, the elderly, or disabled 352 persons shall solely be made by the qualified entity. A 353 qualified entity that provides care to children may not employ 354 or allow a volunteer who is ineligible for an exemption under s. 355 435.07(4)(c). This section does not require the department to 356 make such a determination on behalf of any qualified entity. 357 (7)The department may establish a database of registered 358 qualified entities and make this data available free of charge 359 to all registered qualified entities. The database must include, 360 at a minimum, the name, address, and phone number of each 361 qualified entity. 362 Section 7.Paragraph (g) of subsection (12) of section 363 1002.33, Florida Statutes, is amended to read: 364 1002.33Charter schools. 365 (12)EMPLOYEES OF CHARTER SCHOOLS. 366 (g)1.A charter school shall employ or contract with 367 employees who have undergone background screening as provided in 368 s. 1012.32. Members of the governing board of the charter school 369 shall also undergo background screening in a manner similar to 370 that provided in s. 1012.32. An individual may not be employed 371 as an employee or contract personnel of a charter school or 372 serve as a member of a charter school governing board if the 373 individual is on the disqualification list maintained by the 374 department pursuant to s. 1001.10(4)(b). 375 2.A charter school shall prohibit educational support 376 employees, instructional personnel, and school administrators, 377 as defined in s. 1012.01, from employment in any position that 378 requires direct contact with students if the employees, 379 personnel, or administrators are ineligible for such employment 380 under s. 435.04(2) or (3) or s. 1012.315 or have been terminated 381 or have resigned in lieu of termination for sexual misconduct 382 with a student. If the prohibited conduct occurs while employed, 383 a charter school must report the individual and the 384 disqualifying circumstances to the department for inclusion on 385 the disqualification list maintained pursuant to s. 386 1001.10(4)(b). 387 3.The governing board of a charter school shall adopt 388 policies establishing standards of ethical conduct for 389 educational support employees, instructional personnel, and 390 school administrators. The policies must require all educational 391 support employees, instructional personnel, and school 392 administrators, as defined in s. 1012.01, to complete training 393 on the standards; establish the duty of educational support 394 employees, instructional personnel, and school administrators to 395 report, and procedures for reporting, alleged misconduct that 396 affects the health, safety, or welfare of a student; and include 397 an explanation of the liability protections provided under ss. 398 39.203 and 768.095. A charter school, or any of its employees, 399 may not enter into a confidentiality agreement regarding 400 terminated or dismissed educational support employees, 401 instructional personnel, or school administrators, or employees, 402 personnel, or administrators who resign in lieu of termination, 403 based in whole or in part on misconduct that affects the health, 404 safety, or welfare of a student, and may not provide employees, 405 personnel, or administrators with employment references or 406 discuss the employees, personnels, or administrators 407 performance with prospective employers in another educational 408 setting, without disclosing the employees, personnels, or 409 administrators misconduct. Any part of an agreement or contract 410 that has the purpose or effect of concealing misconduct by 411 educational support employees, instructional personnel, or 412 school administrators which affects the health, safety, or 413 welfare of a student is void, is contrary to public policy, and 414 may not be enforced. 415 4.Before employing an individual in any position that 416 requires direct contact with students, a charter school shall 417 conduct employment history checks of each individual through use 418 of the educator screening tools described in s. 1001.10(5), and 419 document the findings. If unable to contact a previous employer, 420 the charter school must document efforts to contact the 421 employer. 422 5.The sponsor of a charter school that knowingly fails to 423 comply with this paragraph shall terminate the charter under 424 subsection (8). 425 Section 8.Subsections (2) and (3) of section 1012.32, 426 Florida Statutes, are amended to read: 427 1012.32Qualifications of personnel. 428 (2)(a)Instructional and noninstructional personnel who are 429 hired or contracted to fill positions that require direct 430 contact with students in any district school system or 431 university lab school must, upon employment or engagement to 432 provide services, undergo background screening as required under 433 s. 1012.465 or s. 1012.56, whichever is applicable. 434 (b)1.Instructional and noninstructional personnel who are 435 hired or contracted to fill positions in a charter school other 436 than a school of hope as defined in s. 1002.333, and members of 437 the governing board of such charter school, in compliance with 438 s. 1002.33(12)(g), upon employment, engagement of services, or 439 appointment, shall undergo background screening as required 440 under s. 1012.465 or s. 1012.56, whichever is applicable, by 441 filing with the district school board for the school district in 442 which the charter school is located a complete set of 443 fingerprints taken by an authorized law enforcement agency or an 444 employee of the school or school district who is trained to take 445 fingerprints. 446 2.Instructional and noninstructional personnel who are 447 hired or contracted to fill positions in a school of hope as 448 defined in s. 1002.333, and members of the governing board of 449 such school of hope, upon employment, engagement of services, or 450 appointment, shall undergo background screening as required 451 under s. 1012.465 or s. 1012.56, whichever is applicable file 452 with the school of hope a complete set of fingerprints taken by 453 an authorized law enforcement agency, by an employee of the 454 school of hope or school district who is trained to take 455 fingerprints, or by any other entity recognized by the 456 Department of Law Enforcement to take fingerprints. 457 (c)Instructional and noninstructional personnel who are 458 hired or contracted to fill positions that require direct 459 contact with students in an alternative school that operates 460 under contract with a district school system must, upon 461 employment or engagement to provide services, undergo background 462 screening as required under s. 1012.465 or s. 1012.56, whichever 463 is applicable, by filing with the district school board for the 464 school district to which the alternative school is under 465 contract a complete set of fingerprints taken by an authorized 466 law enforcement agency or an employee of the school or school 467 district who is trained to take fingerprints. 468 (d)Student teachers and persons participating in a field 469 experience pursuant to s. 1004.04(5) or s. 1004.85 in any 470 district school system, lab school, or charter school must, upon 471 engagement to provide services, undergo background screening as 472 required under s. 1012.56. 473 474 Required fingerprints must be submitted to the Department of Law 475 Enforcement for statewide criminal and juvenile records checks 476 and to the Federal Bureau of Investigation for federal criminal 477 records checks. A person subject to this subsection who is found 478 ineligible for employment under s. 435.04(2) or (3) or s. 479 1012.315, or otherwise found through background screening to 480 have been convicted of any crime involving moral turpitude as 481 defined by rule of the State Board of Education, shall not be 482 employed, engaged to provide services, or serve in any position 483 that requires direct contact with students. Probationary persons 484 subject to this subsection terminated because of their criminal 485 record have the right to appeal such decisions. The cost of the 486 background screening may be borne by the district school board, 487 the charter school, the employee, the contractor, or a person 488 subject to this subsection. A district school board shall 489 reimburse a charter school the cost of background screening if 490 it does not notify the charter school of the eligibility of a 491 governing board member or instructional or noninstructional 492 personnel within the earlier of 14 days after receipt of the 493 background screening results from the Florida Department of Law 494 Enforcement or 30 days of submission of fingerprints by the 495 governing board member or instructional or noninstructional 496 personnel. 497 (3)A background screening required under this chapter must 498 comply with the requirements of s. 435.12. Each educational 499 entity as defined in s. 435.02 shall register with, and initiate 500 criminal history checks through, the Care Provider Background 501 Screening Clearinghouse as provided in s. 435.12. All 502 fingerprints must be submitted through an educational entity or 503 a vendor approved by the Department of Law Enforcement. All 504 fingerprints must be submitted electronically to the Department 505 of Law Enforcement for state processing, and the Department of 506 Law Enforcement shall forward the fingerprints to the Federal 507 Bureau of Investigation for national processing. For any 508 subsequent background screening that requires a national 509 criminal history check, the Department of Law Enforcement must 510 forward the retained fingerprints of the individual to the 511 Federal Bureau of Investigation unless the fingerprints are 512 enrolled in the national retained print arrest notification 513 program. All fingerprints submitted to the Department of Law 514 Enforcement shall be retained by the Department of Law 515 Enforcement as provided under s. 943.05(2)(g) and (h) and (3) 516 and enrolled in the national retained print arrest notification 517 program at the Federal Bureau of Investigation when the 518 Department of Law Enforcement begins participation in the 519 program. The cost of the background screening may be borne by 520 the educational entity, the employee, the contractor, or a 521 person subject to background screening 522 (a)All fingerprints submitted to the Department of Law 523 Enforcement as required by subsection (2) shall be retained by 524 the Department of Law Enforcement in a manner provided by rule 525 and entered in the statewide automated biometric identification 526 system authorized by s. 943.05(2)(b). Such fingerprints shall 527 thereafter be available for all purposes and uses authorized for 528 arrest fingerprints entered in the statewide automated biometric 529 identification system pursuant to s. 943.051. 530 (b)The Department of Law Enforcement shall search all 531 arrest fingerprints received under s. 943.051 against the 532 fingerprints retained in the statewide automated biometric 533 identification system under paragraph (a). Any arrest record 534 that is identified with the retained fingerprints of a person 535 subject to the background screening under this section shall be 536 reported to the employing or contracting school district or the 537 school district with which the person is affiliated. Each school 538 district is required to participate in this search process by 539 payment of an annual fee to the Department of Law Enforcement 540 and by informing the Department of Law Enforcement of any change 541 in the affiliation, employment, or contractual status or place 542 of affiliation, employment, or contracting of its instructional 543 and noninstructional personnel whose fingerprints are retained 544 under paragraph (a). The Department of Law Enforcement shall 545 adopt a rule setting the amount of the annual fee to be imposed 546 upon each school district for performing these searches and 547 establishing the procedures for the retention of instructional 548 and noninstructional personnel fingerprints and the 549 dissemination of search results. The fee may be borne by the 550 district school board, the contractor, or the person 551 fingerprinted. 552 (c)Personnel whose fingerprints are not retained by the 553 Department of Law Enforcement under paragraphs (a) and (b) must 554 be refingerprinted and rescreened in accordance with subsection 555 (2) upon reemployment or reengagement to provide services in 556 order to comply with the requirements of this subsection. 557 Section 9.Subsections (1) and (2) of section 1012.465, 558 Florida Statutes, are amended to read: 559 1012.465Background screening requirements for certain 560 noninstructional school district employees and contractors. 561 (1)Except as provided in s. 1012.467 or s. 1012.468, 562 noninstructional school district employees or contractual 563 personnel who are permitted access on school grounds when 564 students are present, who have direct contact with students or 565 who have access to or control of school funds must meet level 2 566 screening requirements of chapter 435 using the process as 567 described in s. 1012.32(3) s. 1012.32. Contractual personnel 568 shall include any vendor, individual, or entity under contract 569 with a school or the school board. 570 (2)Every 5 years following employment or entry into a 571 contract in a capacity described in subsection (1), each person 572 who is so employed or under contract with the school district 573 must meet level 2 screening requirements as described in s. 574 1012.32, at which time the school district shall request the 575 Department of Law Enforcement to forward the fingerprints to the 576 Federal Bureau of Investigation for the level 2 screening. If, 577 for any reason following employment or entry into a contract in 578 a capacity described in subsection (1), the fingerprints of a 579 person who is so employed or under contract with the school 580 district are not retained by the Department of Law Enforcement 581 under s. 1012.32(3)(a) and (b), the person must file a complete 582 set of fingerprints with the district school superintendent of 583 the employing or contracting school district. Upon submission of 584 fingerprints for this purpose, the school district shall request 585 the Department of Law Enforcement to forward the fingerprints to 586 the Federal Bureau of Investigation for the level 2 screening, 587 and the fingerprints shall be retained by the Department of Law 588 Enforcement under s. 1012.32(3)(a) and (b). The cost of the 589 state and federal criminal history check required by level 2 590 screening may be borne by the district school board, the 591 contractor, or the person fingerprinted. Under penalty of 592 perjury, each person who is employed or under contract in a 593 capacity described in subsection (1) must agree to inform his or 594 her employer or the party with whom he or she is under contract 595 within 48 hours if convicted of any disqualifying offense while 596 he or she is employed or under contract in that capacity. 597 Section 10.Subsections (2) through (6) and paragraph (a) 598 of subsection (7) of section 1012.467, Florida Statutes, are 599 amended to read: 600 1012.467Noninstructional contractors who are permitted 601 access to school grounds when students are present; background 602 screening requirements. 603 (2)(a)A fingerprint-based criminal history check shall be 604 performed on each noninstructional contractor who is permitted 605 access to school grounds when students are present, whose 606 performance of the contract with the school or school board is 607 not anticipated to result in direct contact with students, and 608 for whom any unanticipated contact would be infrequent and 609 incidental using the process described in s. 1012.32(3). 610 Criminal history checks shall be performed at least once every 5 611 years. For the initial criminal history check, each 612 noninstructional contractor who is subject to the criminal 613 history check shall file with the Department of Law Enforcement 614 a complete set of fingerprints taken by an authorized law 615 enforcement agency or an employee of a school district, a public 616 school, or a private company who is trained to take 617 fingerprints. The fingerprints shall be electronically submitted 618 for state processing to the Department of Law Enforcement, which 619 shall in turn submit the fingerprints to the Federal Bureau of 620 Investigation for national processing. The results of each 621 criminal history check shall be reported to the school district 622 in which the individual is seeking access and entered into the 623 shared system described in subsection (7). The school district 624 shall screen the results using the disqualifying offenses in 625 paragraph (b) (g). The cost of the criminal history check may be 626 borne by the district school board, the school, or the 627 contractor. A fee that is charged by a district school board for 628 such checks may not exceed 30 percent of the total amount 629 charged by the Department of Law Enforcement and the Federal 630 Bureau of Investigation. 631 (b)As authorized by law, the Department of Law Enforcement 632 shall retain the fingerprints submitted by the school districts 633 pursuant to this subsection to the Department of Law Enforcement 634 for a criminal history background screening in a manner provided 635 by rule and enter the fingerprints in the statewide automated 636 biometric identification system authorized by s. 943.05(2)(b). 637 The fingerprints shall thereafter be available for all purposes 638 and uses authorized for arrest fingerprints entered into the 639 statewide automated biometric identification system under s. 640 943.051. 641 (c)As authorized by law, the Department of Law Enforcement 642 shall search all arrest fingerprints received under s. 943.051 643 against the fingerprints retained in the statewide automated 644 biometric identification system under paragraph (b). 645 (d)School districts may participate in the search process 646 described in this subsection by paying an annual fee to the 647 Department of Law Enforcement. 648 (e)A fingerprint retained pursuant to this subsection 649 shall be purged from the automated biometric identification 650 system 5 years following the date the fingerprint was initially 651 submitted. The Department of Law Enforcement shall set the 652 amount of the annual fee to be imposed upon each participating 653 agency for performing these searches and establishing the 654 procedures for retaining fingerprints and disseminating search 655 results. The fee may be borne as provided by law. Fees may be 656 waived or reduced by the executive director of the Department of 657 Law Enforcement for good cause shown. 658 (f)A noninstructional contractor who is subject to a 659 criminal history check under this section shall inform a school 660 district that he or she has completed a criminal history check 661 in another school district within the last 5 years. The school 662 district shall verify the results of the contractors criminal 663 history check using the shared system described in subsection 664 (7). The school district may not charge the contractor a fee for 665 verifying the results of his or her criminal history check. 666 (g)A noninstructional contractor for whom a criminal 667 history check is required under this section may not have been 668 convicted of any of the following offenses designated in the 669 Florida Statutes, any similar offense in another jurisdiction, 670 or any similar offense committed in this state which has been 671 redesignated from a former provision of the Florida Statutes to 672 one of the following offenses: 673 1.Any offense listed in s. 943.0435(1)(h)1., relating to 674 the registration of an individual as a sexual offender. 675 2.Section 393.135, relating to sexual misconduct with 676 certain developmentally disabled clients and the reporting of 677 such sexual misconduct. 678 3.Section 394.4593, relating to sexual misconduct with 679 certain mental health patients and the reporting of such sexual 680 misconduct. 681 4.Section 775.30, relating to terrorism. 682 5.Section 782.04, relating to murder. 683 6.Section 787.01, relating to kidnapping. 684 7.Any offense under chapter 800, relating to lewdness and 685 indecent exposure. 686 8.Section 826.04, relating to incest. 687 9.Section 827.03, relating to child abuse, aggravated 688 child abuse, or neglect of a child. 689 (3)If it is found that a noninstructional contractor has 690 been convicted of any of the offenses listed in paragraph (2)(b) 691 (2)(g), the individual shall be immediately suspended from 692 having access to school grounds and shall remain suspended 693 unless and until the conviction is set aside in any 694 postconviction proceeding. 695 (4)A noninstructional contractor who has been convicted of 696 any of the offenses listed in paragraph (2)(b) (2)(g) may not be 697 permitted on school grounds when students are present unless the 698 contractor has received a full pardon or has had his or her 699 civil rights restored. A noninstructional contractor who is 700 present on school grounds in violation of this subsection 701 commits a felony of the third degree, punishable as provided in 702 s. 775.082 or s. 775.083. 703 (5)If a school district has reasonable cause to believe 704 that grounds exist for the denial of a contractors access to 705 school grounds when students are present, it shall notify the 706 contractor in writing, stating the specific record that 707 indicates noncompliance with the standards set forth in this 708 section. It is the responsibility of the affected contractor to 709 contest his or her denial. The only basis for contesting the 710 denial is proof of mistaken identity or that an offense from 711 another jurisdiction is not disqualifying under paragraph (2)(b) 712 (2)(g). 713 (6)Each contractor who is subject to the requirements of 714 this section shall agree to inform his or her employer or the 715 party to whom he or she is under contract and the school 716 district within 48 hours if he or she is arrested for any of the 717 disqualifying offenses in paragraph (2)(b) (2)(g). A contractor 718 who willfully fails to comply with this subsection commits a 719 felony of the third degree, punishable as provided in s. 775.082 720 or s. 775.083. If the employer of a contractor or the party to 721 whom the contractor is under contract knows the contractor has 722 been arrested for any of the disqualifying offenses in paragraph 723 (2)(b) (2)(g) and authorizes the contractor to be present on 724 school grounds when students are present, such employer or such 725 party commits a felony of the third degree, punishable as 726 provided in s. 775.082 or s. 775.083. 727 (7)(a)The Department of Law Enforcement shall implement a 728 system that allows for the results of a criminal history checks 729 shall check provided to a school district to be shared among 730 educational entities under s. 435.12 with other school districts 731 through a secure Internet website or other secure electronic 732 means. School districts must accept reciprocity of level 2 733 screenings for Florida High School Athletic Association 734 officials. 735 Section 11.Paragraphs (a) and (b) of subsection (10) of 736 section 1012.56, Florida Statutes, are amended to read: 737 1012.56Educator certification requirements. 738 (10)BACKGROUND SCREENING REQUIRED, INITIALLY AND 739 PERIODICALLY. 740 (a)Each person who seeks certification under this chapter 741 must be fingerprinted and screened in accordance with s. 1012.32 742 and must not be ineligible for such certification under s. 743 435.04(2) or (3) or s. 1012.315. A person who has been screened 744 in accordance with s. 1012.32 by a district school board or the 745 Department of Education within 12 months before the date the 746 person initially obtains certification under this chapter, the 747 results of which are submitted to the district school board or 748 to the Department of Education, is not required to repeat the 749 screening under this paragraph. 750 (b)A person may not receive a certificate under this 751 chapter until the persons screening under s. 1012.32 is 752 completed and the results have been submitted to the Department 753 of Education or to the district school superintendent of the 754 school district that employs the person. Every 5 years after 755 obtaining initial certification, each person who is required to 756 be certified under this chapter must be rescreened in accordance 757 with s. 435.12 s. 1012.32, at which time the school district 758 shall request the Department of Law Enforcement to forward the 759 fingerprints to the Federal Bureau of Investigation for federal 760 criminal records checks. If, for any reason after obtaining 761 initial certification, the fingerprints of a person who is 762 required to be certified under this chapter are not retained by 763 the Department of Law Enforcement under s. 1012.32(3)(a) and 764 (b), the person must file a complete set of fingerprints with 765 the district school superintendent of the employing school 766 district. Upon submission of fingerprints for this purpose, the 767 school district shall request the Department of Law Enforcement 768 to forward the fingerprints to the Federal Bureau of 769 Investigation for federal criminal records checks, and the 770 fingerprints shall be retained by the Department of Law 771 Enforcement under s. 1012.32(3)(a) and (b). The cost of the 772 state and federal criminal history checks required by paragraph 773 (a) and this paragraph may be borne by the district school board 774 or the employee. Under penalty of perjury, each person who is 775 certified under this chapter must agree to inform his or her 776 employer within 48 hours if convicted of any disqualifying 777 offense while he or she is employed in a position for which such 778 certification is required. 779 Section 12.This act shall take effect July 1, 2023.