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A bill to be entitled 1
An act relating to level 2 background screenings; 2
amending s. 435.02, F.S.; providing definitions; 3
amending s. 435.04, F.S.; expanding authorized records 4
that may be checked during a level 2 background 5
screening; adding additional disqualifying offenses to 6
level 2 background screening requirements; removing 7
obsolete language; amending s. 435.12, F.S.; 8
authorizing certain qualified entities to participate 9
in the Care Provider Background Screening 10
Clearinghouse; removing obsolete language; conforming 11
provisions to changes made by the act; amending s. 12
943.0438, F.S.; revising the definition of the term 13
"athletic coach"; requiring level 2, instead of level 14
1, background screenings for current and prospective 15
athletic coaches; requiring independent sanctioning 16
authorities to participate in a specified system; 17
conforming provisions to changes made by the act; 18
amending s. 943.05, F.S.; expanding the agencies and 19
entities which may utilize the Criminal Justice 20
Information Program; requiring the program to develop, 21
for federal approval, a specified method for 22
identifying or verifying an individual; amending s. 23
943.0542, F.S.; requiring specified entities to 24
initiate criminal history checks through the 25
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Department of Law Enforcement or the clearinghouse by 26
a specified date; providing requirements for specified 27
entities initiating criminal history checks through 28
the clearinghouse; providing requirements for the 29
clearinghouse; amending s. 1012.315, F.S.; revising 30
screening requirements for specified individuals; 31
conforming provisions to changes made by the act; 32
amending s. 1012.467, F.S.; conforming provisions to 33
changes made by the act; conforming cross -references; 34
providing appropriations and authorizing positions; 35
providing an effective date. 36
37
Be It Enacted by the Leg islature of the State of Florida: 38
39
Section 1. Subsections (1) through (4) and subsections (5) 40
and (6) of section 435.02, Florida Statutes, are renumbered as 41
subsections (2) through (5) and subsections (7) and (8), 42
respectively, and new subsections (1) and (5) are added to that 43
section, to read: 44
435.02 Definitions. —For the purposes of this chapter, the 45
term: 46
(1) "Affiliation" means the status of a person employed or 47
serving as a volunteer or contractor with a qualified entity in 48
a position for which screening is not required by law but is 49
authorized under the National Child Protection Act. 50
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(5) "Qualified entity" has the same meaning as in s. 51
943.0542(1). 52
Section 2. Paragraphs (a), (b), and (d) of subsection (1) 53
and subsection (2) of section 435. 04, Florida Statutes, are 54
amended to read: 55
435.04 Level 2 screening standards. — 56
(1)(a) All employees required by law to be screened under 57
pursuant to this section must undergo security background 58
investigations as a condition of employment and continue d 59
employment which includes, but is not need not be limited to, 60
fingerprinting for statewide criminal history records checks 61
through the Department of Law Enforcement, and national criminal 62
history records checks through the Federal Bureau of 63
Investigation, and may include local criminal records checks 64
through local law enforcement agencies. A security background 65
investigation under this section also includes employment 66
history checks and a search of the sexual predator and sexual 67
offender registries and th e child abuse and neglect registry of 68
any state in which the current or prospective employee resided 69
during the immediate preceding 5 years. 70
(b) Fingerprints submitted pursuant to this section on or 71
after July 1, 2012, must be submitted electronically to the 72
Department of Law Enforcement. 73
(d) An agency may require by rule that fingerprints 74
submitted pursuant to this section must be submitted 75
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electronically to the Department of Law Enforcement on a date 76
earlier than July 1, 2012. 77
(2) The security backg round investigations under this 78
section must ensure that no persons subject to the provisions of 79
this section have not been arrested for and are awaiting final 80
disposition of, have not been found guilty of, regardless of 81
adjudication, or entered a plea of nolo contendere or guilty to, 82
or have not been adjudicated delinquent and the record has not 83
been sealed or expunged for, any offense prohibited under any of 84
the following provisions of state law or similar law of another 85
jurisdiction: 86
(a) Section 393.135, relating to sexual misconduct with 87
certain developmentally disabled clients and reporting of such 88
sexual misconduct. 89
(b) Section 394.4593, relating to sexual misconduct with 90
certain mental health patients and reporting of such sexual 91
misconduct. 92
(c) Section 415.111, relating to adult abuse, neglect, or 93
exploitation of aged persons or disabled adults. 94
(d) Section 777.04, relating to attempts, solicitation, 95
and conspiracy to commit an offense listed in this subsection. 96
(e) Section 782.04, relating to murder. 97
(f) Section 782.07, relating to manslaughter, aggravated 98
manslaughter of an elderly person or disabled adult, or 99
aggravated manslaughter of a child. 100
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(g) Section 782.071, relating to vehicular homicide. 101
(h) Section 782.09, relating to killi ng of an unborn child 102
by injury to the mother. 103
(i) Chapter 784, relating to assault, battery, and 104
culpable negligence, if the offense was a felony. 105
(j) Section 784.011, relating to assault, if the victim of 106
the offense was a minor. 107
(k) Section 784.021, relating to aggravated assault. 108
(l)(k) Section 784.03, relating to battery, if the victim 109
of the offense was a minor. 110
(m) Section 784.045, relating to aggravated battery. 111
(n) Section 784.075, relating to battery on staff of a 112
detention or commitme nt facility or on a juvenile probation 113
officer. 114
(o)(l) Section 787.01, relating to kidnapping. 115
(p)(m) Section 787.02, relating to false imprisonment. 116
(q)(n) Section 787.025, relating to luring or enticing a 117
child. 118
(r)(o) Section 787.04(2), relating to taking, enticing, or 119
removing a child beyond the state limits with criminal intent 120
pending custody proceedings. 121
(s)(p) Section 787.04(3), relating to carrying a child 122
beyond the state lines with criminal intent to avoid producing a 123
child at a custody hearing or delivering the child to the 124
designated person. 125
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(t)(q) Section 790.115(1), relating to exhibiting firearms 126
or weapons within 1,000 feet of a school. 127
(u)(r) Section 790.115(2)(b), relating to possessing an 128
electric weapon or device, destructi ve device, or other weapon 129
on school property. 130
(v)(s) Section 794.011, relating to sexual battery. 131
(w)(t) Former s. 794.041, relating to prohibited acts of 132
persons in familial or custodial authority. 133
(x)(u) Section 794.05, relating to unlawful sexual 134
activity with certain minors. 135
(y) Section 794.08, relating to female genital mutilation. 136
(z)(v) Chapter 796, relating to prostitution. 137
(aa)(w) Section 798.02, relating to lewd and lascivious 138
behavior. 139
(bb)(x) Chapter 800, relating to lewdness and indecent 140
exposure and offenses against students by authority figures . 141
(cc)(y) Section 806.01, relating to arson. 142
(dd)(z) Section 810.02, relating to burglary. 143
(ee)(aa) Section 810.14, relating to voyeurism , if the 144
offense is a felony. 145
(ff)(bb) Section 810.145, relating to video voyeurism, if 146
the offense is a felony. 147
(gg)(cc) Chapter 812, relating to theft, robbery, and 148
related crimes, if the offense is a felony. 149
(hh)(dd) Section 817.563, relating to fraudulent sale of 150
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controlled substances, only if the offense was a felony. 151
(ii)(ee) Section 825.102, relating to abuse, aggravated 152
abuse, or neglect of an elderly person or disabled adult. 153
(jj)(ff) Section 825.1025, rela ting to lewd or lascivious 154
offenses committed upon or in the presence of an elderly person 155
or disabled adult. 156
(kk)(gg) Section 825.103, relating to exploitation of an 157
elderly person or disabled adult, if the offense was a felony. 158
(ll)(hh) Section 826.04, relating to incest. 159
(mm)(ii) Section 827.03, relating to child abuse, 160
aggravated child abuse, or neglect of a child. 161
(nn)(jj) Section 827.04, relating to contributing to the 162
delinquency or dependency of a child. 163
(oo)(kk) Former s. 827.05, relating to negligent treatment 164
of children. 165
(pp)(ll) Section 827.071, relating to sexual performance 166
by a child. 167
(qq)(mm) Section 843.01, relating to resisting arrest with 168
violence. 169
(rr)(nn) Section 843.025, relating to depriving a law 170
enforcement, correcti onal, or correctional probation officer 171
means of protection or communication. 172
(ss)(oo) Section 843.12, relating to aiding in an escape. 173
(tt)(pp) Section 843.13, relating to aiding in the escape 174
of juvenile inmates in correctional institutions. 175
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(uu)(qq) Chapter 847, relating to obscene literature. 176
(vv)(rr) Section 874.05, relating to encouraging or 177
recruiting another to join a criminal gang. 178
(ww)(ss) Chapter 893, relating to drug abuse prevention 179
and control, only if the offense was a felony or if any other 180
person involved in the offense was a minor. 181
(xx)(tt) Section 916.1075, relating to sexual misconduct 182
with certain forensic clients and reporting of such sexual 183
misconduct. 184
(yy)(uu) Section 944.35(3), relating to inflicting cruel 185
or inhuman treatment on an inmate resulting in great bodily 186
harm. 187
(zz)(vv) Section 944.40, relating to escape. 188
(aaa)(ww) Section 944.46, relating to harboring, 189
concealing, or aiding an escaped prisoner. 190
(bbb)(xx) Section 944.47, relating to introduction of 191
contraband into a correctional facility. 192
(ccc)(yy) Section 985.701, relating to sexual misconduct 193
in juvenile justice programs. 194
(ddd)(zz) Section 985.711, relating to contraband 195
introduced into detention facilities. 196
Section 3. Subsections (1) and (2) of section 435.12, 197
Florida Statutes, are amended to read: 198
435.12 Care Provider Background Screening Clearinghouse. — 199
(1) The Agency for Health Care Administration in 200
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consultation with the Department of Law Enforcement shall create 201
a secure web-based system, which shall be known as the "Care 202
Provider Background Screening Clearinghouse" or 203
"clearinghouse.," and which shall be implemented to the full 204
extent practicable no later than September 30, 2013, subject to 205
the specified agencies being funded and equippe d to participate 206
in such program. The clearinghouse must shall allow the results 207
of criminal history checks provided to the specified agencies 208
and, beginning January 1, 2025, qualified entities participating 209
in the clearinghouse for screening of persons qu alified as care 210
providers under s. 943.0542 to be shared among the specified 211
agencies and qualified entities when a person has applied to 212
volunteer, be employed, be licensed, or enter into a contract , 213
or has an affiliation that allows or that requires a state and 214
national fingerprint -based criminal history check. The Agency 215
for Health Care Administration and the Department of Law 216
Enforcement may adopt rules to create forms or implement 217
procedures needed to carry out this section. 218
(2)(a) To ensure that the information in the clearinghouse 219
is current, the fingerprints of a person an employee required to 220
be screened by a specified agency and included in the 221
clearinghouse must be: 222
1. Retained by the Department of Law Enforcement pursuant 223
to s. 943.05(2)(g) and (h) and (3), and the Department of Law 224
Enforcement must report the results of searching those 225
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fingerprints against state incoming arrest fingerprint 226
submissions to the Agency for Health Care Administration for 227
inclusion in the clearinghouse. 228
2. Retained by the Federal Bureau of Investigation in the 229
national retained print arrest notification program as soon as 230
the Department of Law Enforcement begins participation in such 231
program. Arrest prints will be searched against retained prints 232
at the Federal Bureau of Investigation and notification of 233
arrests will be forwarded to the Florida Department of Law 234
Enforcement and reported to the Agency for Health Care 235
Administration for in clusion in the clearinghouse. 236
3. Resubmitted for a Federal Bureau of Investigation 237
national criminal history check every 5 years until such time as 238
the fingerprints are retained by the Federal Bureau of 239
Investigation. 240
4. Subject to retention on a 5 -year renewal basis with 241
fees collected at the time of initial submission or resubmission 242
of fingerprints. 243
5. Submitted with a photograph of the person taken at the 244
time the fingerprints are submitted. 245
(b) Until such time as the fingerprints are enrolled i n 246
the national retained print arrest notification program at the 247
Federal Bureau of Investigation, a person an employee with a 248
break in service of more than 90 days from a position that 249
requires screening by a specified agency or qualified entity 250
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must submit to a national screening if the person returns to a 251
position that requires screening by a specified agency or 252
qualified entity. 253
(c) An employer of persons subject to screening or a 254
qualified entity participating in the clearinghouse by a 255
specified agency must register with the clearinghouse and 256
maintain the employment or affiliation status of all persons 257
included in employees within the clearinghouse. Initial 258
employment or affiliation status and any changes in status must 259
be reported within 10 business d ays after a person receives his 260
or her initial status or after a change in his or her status has 261
been made. 262
(d) An employer or a qualified entity participating in the 263
clearinghouse must register with and initiate all criminal 264
history checks through the c learinghouse before referring an 265
employee or potential employee or a person with a current or 266
potential affiliation with a qualified entity for electronic 267
fingerprint submission to the Department of Law Enforcement. The 268
registration must include the person's employee's full first 269
name, middle initial, and last name; social security number; 270
date of birth; mailing address; sex; and race. Individuals, 271
persons, applicants, and controlling interests that cannot 272
legally obtain a social security number must provid e an 273
individual taxpayer identification number. 274
Section 4. Paragraph (a) of subsection (1), paragraphs (a) 275
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and (b) of subsection (2), and subsection (4) of section 276
943.0438, Florida Statutes, are amended to read: 277
943.0438 Athletic coaches for indepen dent sanctioning 278
authorities.— 279
(1) As used in this section, the term: 280
(a) "Athletic coach" means a person who: 281
1. Is authorized by an independent sanctioning authority 282
to work as a coach, assistant coach, manager, or referee for 20 283
or more hours within a calendar year, whether for compensation 284
or as a volunteer, for a youth athletic team based in this 285
state; and 286
2. Has direct contact with one or more minors on the youth 287
athletic team. 288
(2) An independent sanctioning authority shall: 289
(a)1. Conduct a level 2 1 background screening under s. 290
435.04 pursuant to s. 435.03 of each current and prospective 291
athletic coach. The authority may not delegate this 292
responsibility to an individual team and may not authorize any 293
person to act as an athletic coach un less a level 2 1 background 294
screening is conducted and does not result in disqualification 295
under paragraph (b). Level 1 background screenings shall be 296
conducted annually for each athletic coach. For purposes of this 297
section, a background screening shall in clude a search of the 298
athletic coach's name or other identifying information against 299
state and federal registries of sexual predators and sexual 300
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offenders, which are available to the public on Internet sites 301
provided by: 302
a. The Department of Law Enforcem ent under s. 943.043; and 303
b. The Attorney General of the United States under 42 304
U.S.C. s. 16920. 305
2. For purposes of this section, a background screening 306
conducted by a commercial consumer reporting agency in 307
compliance with the federal Fair Credit Repo rting Act using the 308
identifying information referenced in subparagraph 1. that 309
includes a level 1 background screening and a search of that 310
information against the sexual predator and sexual offender 311
Internet sites listed in sub -subparagraphs 1.a. and b. s hall be 312
deemed to satisfy the requirements of this paragraph. 313
(b) Disqualify any person from acting as an athletic coach 314
as provided in s. 435.04 s. 435.03 or if he or she is identified 315
on a registry described in paragraph (a) . The authority may 316
allow a person disqualified under this paragraph to act as an 317
athletic coach if it determines that the person meets the 318
requirements for an exemption from disqualification under s. 319
435.07. 320
(4) The Legislature encourages Independent sanctioning 321
authorities for youth athletic teams must to participate in the 322
Volunteer and Employee Criminal History System, as authorized by 323
the National Child Protection Act of 1993 and s. 943.0542. 324
Section 5. Paragraph (h) of subsection (2) of section 325
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943.05, Florida Statutes, is amended and paragraph (i) is added 326
to that subsection to read: 327
943.05 Criminal Justice Information Program; duties; crime 328
reports.— 329
(2) The program shall: 330
(h) For each specified agency, as defined in s. 435.02, 331
each qualified entity participating in the Care Provider 332
Background Screening Clearinghouse under s. 435.12, or any other 333
agency or qualified entity that officially requests retention of 334
fingerprints or for which retention is otherwise required by 335
law, search all arrest fingerprint submissions received under s. 336
943.051 against the fingerprints retained in the statewide 337
automated biometric identification system under paragraph (g). 338
1. Any arrest record that is identified with the retained 339
fingerprints of a person subject to background screenin g as 340
provided in paragraph (g) must shall be reported to the 341
appropriate agency or qualified entity. 342
2. To participate in this search process, agencies or 343
qualified entities must notify each person fingerprinted that 344
his or her fingerprints will be retai ned, pay an annual fee to 345
the department unless otherwise provided by law, and inform the 346
department of any change in the affiliation, employment, or 347
contractual status of each person whose fingerprints are 348
retained under paragraph (g) if such change remov es or 349
eliminates the agency or qualified entity's basis or need for 350
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receiving reports of any arrest of that person, so that the 351
agency or qualified entity is not obligated to pay the upcoming 352
annual fee for the retention and searching of that person's 353
fingerprints to the department. The department shall adopt a 354
rule setting the amount of the annual fee to be imposed upon 355
each participating agency or qualified entity for performing 356
these searches and establishing the procedures for the retention 357
of fingerprints and the dissemination of search results. The fee 358
may be borne by the agency, qualified entity, or person subject 359
to fingerprint retention or as otherwise provided by law. 360
Consistent with the recognition of criminal justice agencies 361
expressed in s. 943. 053(3), these services must shall be 362
provided to criminal justice agencies for criminal justice 363
purposes free of charge. Qualified entities that elect to 364
participate in the fingerprint retention and search process are 365
required to timely remit the fee to th e department by a payment 366
mechanism approved by the department. If requested by the 367
qualified entity, and with the approval of the department, such 368
fees may be timely remitted to the department by a qualified 369
entity upon receipt of an invoice for such fees from the 370
department. Failure of a qualified entity to pay the amount due 371
on a timely basis or as invoiced by the department may result in 372
the refusal by the department to permit the qualified entity to 373
continue to participate in the fingerprint retention and search 374
process until all fees due and owing are paid. 375
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3. Agencies that participate in the fingerprint retention 376
and search process may adopt rules pursuant to ss. 120.536(1) 377
and 120.54 to require employers to keep the agency informed of 378
any change in the affiliation, employment, or contractual status 379
of each person whose fingerprints are retained under paragraph 380
(g) if such change removes or eliminates the agency's basis or 381
need for receiving reports of any arrest of that person, so that 382
the agency is not obligated to pay the upcoming annual fee for 383
the retention and searching of that person's fingerprints to the 384
department. 385
(i) Develop, for federal approval, a method for 386
identifying or verifying a person through automated biometrics. 387
Section 6. Subsections (2), (3), and (4) of section 388
943.0542, Florida Statutes, are amended to read: 389
943.0542 Access to criminal history information provided 390
by the department to qualified entities. — 391
(2)(a) Beginning January 1, 2025, or a later date as 392
determined by the Agency for Health Care Administration, a 393
qualified entity must initiate all background criminal history 394
checks through the department or through the Care Provider 395
Background Screening Clearinghouse under s. 435.12. 396
(a)1. If a qualified entity ini tiates a background 397
criminal history check through the department, the qualified 398
entity must: 399
a. Register with the department before submitting a 400
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request for screening under this section. Each such request must 401
be voluntary and conform to the requirement s established in the 402
National Child Protection Act of 1993, as amended. As a part of 403
the registration, the qualified entity must agree to comply with 404
state and federal law and must so indicate by signing an 405
agreement approved by the department. The departm ent shall may 406
periodically audit qualified entities to ensure compliance with 407
federal law and this section. 408
b.(b) A qualified entity shall Submit to the department a 409
request for screening an employee or volunteer or person 410
applying to be an employee or v olunteer by submitting 411
fingerprints, or the request may be submitted electronically. 412
The qualified entity must maintain a signed waiver allowing the 413
release of the state and national criminal history record 414
information to the qualified entity. 415
2.(c) Each such request for screening must be accompanied 416
by payment of a fee for a statewide criminal history check by 417
the department established by s. 943.053, plus the amount 418
currently prescribed by the Federal Bureau of Investigation for 419
the national criminal hi story check in compliance with the 420
National Child Protection Act of 1993, as amended. Payments must 421
be made in the manner prescribed by the department by rule. 422
3.(d) Any current or prospective employee or volunteer who 423
is subject to a request for screeni ng must indicate to the 424
qualified entity submitting the request the name and address of 425
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each qualified entity that has submitted a previous request for 426
screening regarding that employee or volunteer. 427
(b) If a qualified entity initiates a background crimi nal 428
history check through the Care Provider Background Screening 429
Clearinghouse, the qualified entity must comply with s. 435.12. 430
All fingerprints received pursuant to this section must be 431
entered into the clearinghouse as provided in s. 435.12. 432
(3) The department or the Care Provider Background 433
Screening Clearinghouse shall provide directly to the qualified 434
entity the state criminal history records that are not exempt 435
from disclosure under chapter 119 or otherwise confidential 436
under law. A person who is t he subject of a state criminal 437
history record may challenge the record only as provided in s. 438
943.056. 439
(4) The national criminal history data is available to 440
qualified entities to use only for the purpose of screening 441
employees and volunteers or persons applying to be an employee 442
or volunteer with a qualified entity. The department or Care 443
Provider Background Screening Clearinghouse shall provide this 444
national criminal history record information directly to the 445
qualified entity as authorized by the writte n waiver required 446
for submission of a request to the department. 447
Section 7. Section 1012.315, Florida Statutes, is amended 448
to read: 449
1012.315 Screening standards. —A person is ineligible for 450
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educator certification or employment in any position that 451
requires direct contact with students in a district school 452
system, a charter school, or a private school that participates 453
in a state scholarship program under chapter 1002 if the person : 454
(1) Is on the disqualification list maintained by the 455
department under pursuant to s. 1001.10(4)(b);, 456
(2) Is registered as a sex offender as described in 42 457
U.S.C. s. 9858f(c)(1)(C) ;, 458
(3) Is ineligible based on a security background 459
investigation under s. 435.04(2); 460
(4) Would be ineligible for an exemption under s. 461
435.07(4)(c); or, or has been convicted or found guilty of, has 462
had adjudication withheld for, or has pled guilty or nolo 463
contendere to: 464
(1) Any felony offense prohibited under any of the 465
following statutes: 466
(a) Section 393.135, relating to sexual misconduct with 467
certain developmentally disabled clients and reporting of such 468
sexual misconduct. 469
(b) Section 394.4593, relating to sexual misconduct with 470
certain mental health patients and reporting of such sexual 471
misconduct. 472
(c) Section 415.111, rela ting to adult abuse, neglect, or 473
exploitation of aged persons or disabled adults. 474
(d) Section 782.04, relating to murder. 475
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(e) Section 782.07, relating to manslaughter; aggravated 476
manslaughter of an elderly person or disabled adult; aggravated 477
manslaughter of a child; or aggravated manslaughter of an 478
officer, a firefighter, an emergency medical technician, or a 479
paramedic. 480
(f) Section 784.021, relating to aggravated assault. 481
(g) Section 784.045, relating to aggravated battery. 482
(h) Section 784.075, r elating to battery on a detention or 483
commitment facility staff member or a juvenile probation 484
officer. 485
(i) Section 787.01, relating to kidnapping. 486
(j) Section 787.02, relating to false imprisonment. 487
(k) Section 787.025, relating to luring or enticing a 488
child. 489
(l) Section 787.04(2), relating to leading, taking, 490
enticing, or removing a minor beyond the state limits, or 491
concealing the location of a minor, with criminal intent pending 492
custody proceedings. 493
(m) Section 787.04(3), relating to leading, taking, 494
enticing, or removing a minor beyond the state limits, or 495
concealing the location of a minor, with criminal intent pending 496
dependency proceedings or proceedings concerning alleged abuse 497
or neglect of a minor. 498
(n) Section 790.115(1), relating to e xhibiting firearms or 499
weapons at a school-sponsored event, on school property, or 500
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within 1,000 feet of a school. 501
(o) Section 790.115(2)(b), relating to possessing an 502
electric weapon or device, destructive device, or other weapon 503
at a school-sponsored event or on school property. 504
(p) Section 794.011, relating to sexual battery. 505
(q) Former s. 794.041, relating to sexual activity with or 506
solicitation of a child by a person in familial or custodial 507
authority. 508
(r) Section 794.05, relating to unlawful sex ual activity 509
with certain minors. 510
(s) Section 794.08, relating to female genital mutilation. 511
(t) Chapter 796, relating to prostitution. 512
(u) Chapter 800, relating to lewdness and indecent 513
exposure. 514
(v) Section 800.101, relating to offenses against s tudents 515
by authority figures. 516
(w) Section 806.01, relating to arson. 517
(x) Section 810.14, relating to voyeurism. 518
(y) Section 810.145, relating to video voyeurism. 519
(z) Section 812.014(6), relating to coordinating the 520
commission of theft in excess of $3,000. 521
(aa) Section 812.0145, relating to theft from persons 65 522
years of age or older. 523
(bb) Section 812.019, relating to dealing in stolen 524
property. 525
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(cc) Section 812.13, relating to robbery. 526
(dd) Section 812.131, relating to robbery by sudden 527
snatching. 528
(ee) Section 812.133, relating to carjacking. 529
(ff) Section 812.135, relating to home -invasion robbery. 530
(gg) Section 817.563, relating to fraudulent sale of 531
controlled substances. 532
(hh) Section 825.102, relating to abuse, aggravated abuse, 533
or neglect of an elderly person or disabled adult. 534
(ii) Section 825.103, relating to exploitation of an 535
elderly person or disabled adult. 536
(jj) Section 825.1025, relating to lewd or lascivious 537
offenses committed upon or in the presence of an elderly person 538
or disabled person. 539
(kk) Section 826.04, relating to incest. 540
(ll) Section 827.03, relating to child abuse, aggravated 541
child abuse, or neglect of a child. 542
(mm) Section 827.04, relating to contributing to the 543
delinquency or dependency of a child. 544
(nn) Section 827.071, relating to sexual performance by a 545
child. 546
(oo) Section 843.01, relating to resisting arrest with 547
violence. 548
(pp) Chapter 847, relating to obscenity. 549
(qq) Section 874.05, relating to causing, encouraging, 550
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soliciting, or recruiting another to join a criminal street 551
gang. 552
(rr) Chapter 893, relating to drug abuse prevention and 553
control, if the offense was a felony of the second degree or 554
greater severity. 555
(ss) Section 916.1075, relating to sexual misconduct with 556
certain forensic clients and reporting of such sexual 557
misconduct. 558
(tt) Section 944.47, relating to introduction, removal, or 559
possession of contraband at a correctional facility. 560
(uu) Section 985.701, relating to sexual misconduct in 561
juvenile justice programs. 562
(vv) Section 985.711, relating to introduction, removal, 563
or possession of contraband at a juvenile detention facility or 564
commitment program. 565
(2) Any misdemeanor offense prohibited under any of the 566
following statutes: 567
(a) Section 784.03, relating to battery, if the victim of 568
the offense was a minor. 569
(b) Section 787.025, relating to luring or enticing a 570
child. 571
(5)(3) Has been convicted or found guilty of, has had 572
adjudication withheld for, or has pled guilty or nolo contendere 573
to: 574
(a) Any criminal act committed in another state or under 575
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federal law which, if committed in this state, constitutes a 576
disqualifying an offense prohibited under any statute listed in 577
s. 435.04(2) subsection (1) or subsection (2) . 578
(b)(4) Any delinquent act committed in this stat e or any 579
delinquent or criminal act committed in another state or under 580
federal law which, if committed in this state, qualifies an 581
individual for inclusion on the Registered Juvenile Sex Offender 582
List under s. 943.0435(1)(h)1.d. 583
Section 8. Subsections (2) through (6) of section 584
1012.467, Florida Statutes, are amended to read: 585
1012.467 Noninstructional contractors who are permitted 586
access to school grounds when students are present; background 587
screening requirements. — 588
(2)(a) A fingerprint -based criminal history check must 589
shall be performed on each noninstructional contractor who is 590
permitted access to school grounds when students are present, 591
whose performance of the contract with the school or school 592
board is not anticipated to result in direct con tact with 593
students, and for whom any unanticipated contact would be 594
infrequent and incidental using the process described in s. 595
1012.32(3). The results of each criminal history check must 596
shall be reported to the school district in which the individual 597
is seeking access and entered into the shared system described 598
in subsection (7). The school district shall screen the results 599
using the disqualifying offenses in s. 435.04(2) paragraph (b). 600
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The cost of the criminal history check may be borne by the 601
district school board, the school, or the contractor. 602
(b) A noninstructional contractor for whom a criminal 603
history check is required under this section may not have been 604
convicted of any of the following offenses in s. 435.04(2) or 605
designated in the Florida Stat utes, any similar offense in 606
another jurisdiction ., or any similar offense committed in this 607
state which has been redesignated from a former provision of the 608
Florida Statutes to one of the following offenses: 609
1. Any offense listed in s. 943.0435(1)(h)1., relating to 610
the registration of an individual as a sexual offender. 611
2. Section 393.135, relating to sexual misconduct with 612
certain developmentally disabled clients and the reporting of 613
such sexual misconduct. 614
3. Section 394.4593, relating to sexual mi sconduct with 615
certain mental health patients and the reporting of such sexual 616
misconduct. 617
4. Section 775.30, relating to terrorism. 618
5. Section 782.04, relating to murder. 619
6. Section 787.01, relating to kidnapping. 620
7. Any offense under chapter 800, relating to lewdness and 621
indecent exposure. 622
8. Section 826.04, relating to incest. 623
9. Section 827.03, relating to child abuse, aggravated 624
child abuse, or neglect of a child. 625
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(3) If it is found that a noninstructional contractor has 626
been convicted of any of the offenses listed in s. 435.04(2) 627
paragraph (2)(b), the individual must shall be immediately 628
suspended from having access to school grounds and must shall 629
remain suspended unless and until the conviction is set aside in 630
any postconviction proceedi ng. 631
(4) A noninstructional contractor who has been convicted 632
of any of the offenses listed in s. 435.04(2) paragraph (2)(b) 633
may not be permitted on school grounds when students are present 634
unless the contractor has received a full pardon or has had his 635
or her civil rights restored. A noninstructional contractor who 636
is present on school grounds in violation of this subsection 637
commits a felony of the third degree, punishable as provided in 638
s. 775.082 or s. 775.083. 639
(5) If a school district has reasonable cause to believe 640
that grounds exist for the denial of a contractor's access to 641
school grounds when students are present, it must shall notify 642
the contractor in writing, stating the specific record that 643
indicates noncompliance with the standards set forth in this 644
section. It is the responsibility of the affected contractor to 645
contest his or her denial. The only basis for contesting the 646
denial is proof of mistaken identity or that an offense from 647
another jurisdiction is not disqualifying under s. 435.04(2) 648
paragraph (2)(b). 649
(6) Each contractor who is subject to the requirements of 650
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this section must shall agree to inform his or her employe r or 651
the party to whom he or she is under contract and the school 652
district within 48 hours after if he or she is arrested for any 653
of the disqualifying offenses in s. 435.04(2) paragraph (2)(b). 654
A contractor who willfully fails to comply with this subsectio n 655
commits a felony of the third degree, punishable as provided in 656
s. 775.082 or s. 775.083. If the employer of a contractor or the 657
party to whom the contractor is under contract knows the 658
contractor has been arrested for any of the disqualifying 659
offenses in s. 435.04(2) paragraph (2)(b) and authorizes the 660
contractor to be present on school grounds when students are 661
present, such employer or such party commits a felony of the 662
third degree, punishable as provided in s. 775.082 or s. 663
775.083. 664
Section 9. For the 2023-2024 fiscal year, the sums of 665
$285,367 in recurring funds from the Health Care Trust Fund and 666
$581,064 in nonrecurring funds from the Health Care Trust Fund 667
are appropriated to the Agency for Health Care Administration 668
and five full-time equivalent positions with associated salary 669
rate of 173,431 is authorized for the purpose of implementing 670
this act. 671
Section 10. This act shall take effect July 1, 2024. 672