This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0249b.HHS
DATE: 4/7/2023
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 249 Level 2 Background Screenings
SPONSOR(S): Trabulsy
TIED BILLS: None. IDEN./SIM. BILLS: SB 676
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Education & Employment Committee 20 Y, 0 N Wolff Hassell
2) Health & Human Services Committee Brazzell Calamas
3) Appropriations Committee
4) Judiciary Committee
SUMMARY ANALYSIS
Some individuals who work or volunteer with children or other vulnerable persons, or own or operate
businesses or facilities that serve them, as well as many other individuals, are required either by law or by their
organization to undergo background screening. Depending on the role of the individual or the agency
responsible, those individuals may be screened by the Florida Department of Law Enforcement through the
Volunteer Employee Criminal History System (VECHS), the Florida Shared School Results (FSSR) system, or
the Agency for Health Care Administration’s (AHCA) Care Provider Background Screening Clearinghouse
(Clearinghouse), as well as outside of these programs. However, screening results are only shared when they
are conducted through the FSSR or the Clearinghouse, which means that some individuals may be screened
multiple times for different agencies, employers, or organizations with which they volunteer. These systems
also have different fees and different requirements regarding maintaining fingerprints for continual review
against new and updated criminal history information. Background screenings are widely conducted in Florida;
the Clearinghouse alone ran almost 1 million screenings in 2022.
HB 249 revises the standards by which some individuals are screened. The bill:
adds to the process for a Level 2 security background investigation of current or prospective employees
an employment history check and a search of the sexual predator and sexual offender registries and
the child abuse and neglect registry of any state in which the individual resided during the previous five
years.
subjects certain individuals to a Level 2 standard instead of their current screening standard:
o individuals who have direct contact with a student in a district school system, a charter school,
or a private school that participates in a state scholarship program.
o Noninstructional contractors with access to school grounds.
o Youth athletic coaches.
The bill allows qualified entities to conduct background screenings using the Clearinghouse beginning January
1, 2025, if such entities choose to do so. If a qualified entity chooses to use the Clearinghouse, it must comply
with all Clearinghouse requirements and processes for background screening required by law. This will
facilitate sharing of screening results among the qualified entities.
The bill also has a significant, negative fiscal impact on the Agency for Health Care Administration and the
Department of Children and Families, an indeterminate impact on the Department of Law Enforcement, and no
fiscal impact on local governments. See Fiscal Comments.
The bill has an effective date of July 1, 2024.
STORAGE NAME: h0249b.HHS PAGE: 2
DATE: 4/7/2023
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Present Situation
Employee Background Screenings
Florida 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
There are two levels of background screening: level 1 and level 2.
o Level 1 screening includes, at a minimum, employment history checks and statewide criminal
correspondence checks through the Florida Department of Law Enforcement (FDLE) and a
check of the Dru Sjodin National Sex Offender Public Website,
2
and may include criminal
records checks through local law enforcement agencies. A Level 1 screening may be paid for
and conducted through FDLE’s website, which provides immediate results.
3
o Level 2 background screening includes, but is not limited to, fingerprinting for statewide criminal
history records checks through FDLE and national criminal history checks through the Federal
Bureau of Investigation (FBI), and may include local criminal records checks through local law
enforcement agencies.
4
These screenings typically take at least several days to complete.
1
Chapter 435, F.S.
2
The Dru Sjodin National Sex Offender Public Website is a U.S. government website that links public state, territorial, and
tribal sex offender registries in one national search site. The website is available at https://www.nsopw.gov/ (last visited
Jan. 5, 2023).
3
Florida Department of Law Enforcement, State of Florida Criminal History Records Check
http://www.fdle.state.fl.us/Criminal-History-Records/Florida-Checks.aspx (last visited Jan. 24, 2023).
4
Section 435.04, F.S. STORAGE NAME: h0249b.HHS PAGE: 3
DATE: 4/7/2023
A few examples of individuals who are subject to Level 2 background screening include:
Agency for Health Care
Administration
Agency for
Persons with
Disabilities
Department of Children
and Families
Department of
Education/
Education-
Related Entities
Department of
Health
Owners/administrators of
ambulatory surgery
centers, birth centers, and
organ procurement
organizations, adult day
care centers, nursing
homes, and hospitals
Employees and
contractors providing
personal care/services in
home health agencies,
hospice, crisis
stabilization units
Employees that have
access to client property,
funds or living areas with
transitional living facilities,
home medical equipment
providers, and assisted
living facilities
5
Direct service
providers of
individuals
with
developmental
disabilities
unrelated to
their clients
6
All personnel of any
provider contracted with
DCF for a program for
children
7
Owners, directors, chief
financial officers, and
clinical supervisors of
substance abuse
treatment service
providers
Substance abuse
treatment provider
service personnel who
have direct contact with
children or adults with
developmental
disabilities receiving
services
8
Child care personnel
9
Summer camp
personnel
10
Owners/chief
administrative
officers and
operators of
private schools
that intend to
participate in
state
scholarship
programs
Employees or
contracted
personnel with
direct student
contact with
scholarship
students
11
Medical doctors
Podiatric
physicians
Licensed
practical nurses
Registered
nurses
Pharmacy
owners
Massage
therapists
Orthotists &
Prosthetists
12
Additional examples of required Level 2 screenings include:
o Appointments to the Gaming Control Commission and the executive director of the
commission.
13
o Inspectors general of agencies under the jurisdiction of the Governor.
14
o Any state agency employees whose positions are deemed by their agencies to involve special
trust, responsibility or sensitive location.
15
o Owners and managers of certified marijuana testing laboratories.
16
o Recovery residence administrators.
17
5
Agency for Health Care Administration, Who is Required to be Screened?, https://ahca.myflorida.com/health-care-policy-
and-oversight/bureau-of-central-services/background-screening/screening/who-is-required-to-be-screened (accessed
April 6, 2023).
6
Section 393.0655(1), F.S.
7
Section 39.001(2), F.S.
8
Section 397.451(1), F.S.
9
Section 402.305(2), F.S.
10
Section 409.175, F.S.
11
Florida Department of Education, Criminal Background Screening Requirement,
https://www.floridaschoolchoice.org/information/private_schools/criminal_bs.asp (accessed April 6, 2023).
12
Florida Department of Health, Agency analysis of 2023 House Bill 249, p. 3 (March 15, 2023).
13
Section 16.71(3)(a) and (4)(a), F.S.
14
Section 20.055(4)(b), F.S.
15
Section 110.1127(2)(a), F.S.
16
Section 381.988(1)(d), F.S.
17
Section 397.4871(5), F.S. STORAGE NAME: h0249b.HHS PAGE: 4
DATE: 4/7/2023
o Any individuals certified through the Florida Certification Board, such as certified community
health workers and certified gambling addiction counselors.
18
Every person required by law to be screened pursuant to ch. 435, F.S., must submit a complete set of
information necessary to conduct a screening to his or her employer.
19
Such information for a level 2
screening includes fingerprints, which are taken by a vendor that submits them electronically to FDLE.
20
For both level 1 and 2 screenings, the employer must submit the information necessary for screening to
FDLE within five working days after receiving it.
21
Additionally, for both levels of screening, FDLE must
perform a criminal history record check of its records.
22
For a level 1 screening, this is the only
information searched, and once complete, FDLE responds to the employer or agency, who must then
inform the employee whether screening has revealed any disqualifying information.
23
For level 2
screenings, FDLE also requests the FBI to conduct a national criminal history record check of its
records for each employee for whom the request is made.
24
As with a level 1 screening, FDLE
responds to the employer or agency, and the employer or agency must inform the employee whether
screening has revealed disqualifying information. If the employer or agency finds that an individual has
a history containing one of these offenses, it must disqualify that individual from employment.
The person whose background is being checked must supply any missing criminal or other necessary
information upon request to the requesting employer or agency within 30 days after receiving the
request for the information.
25
While Florida law authorizes and specifies different elements comprising Level 1 and Level 2
background screening, the statutes establish distinct requirements for determining whether an
individual “passes” a screening only in regard to the criminal history portion of the screening.
Criminal History Checks
Disqualifying Offenses
Regardless of whether the screening is level 1 or level 2, the screening employer or agency must make
sure that the applicant has good moral character by ensuring that the employee has not 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, or been adjudicated delinquent and the record has not been sealed or
expunged for, any of the following 52 offenses prohibited under Florida law, or similar law of another
jurisdiction:
26
Section 393.135, F.S., relating to sexual misconduct with certain developmentally disabled
clients and reporting of such sexual misconduct.
Section 394.4593, F.S., relating to sexual misconduct with certain mental health patients and
reporting of such sexual misconduct.
Section 415.111, F.S., relating to adult abuse, neglect, or exploitation of aged persons or
disabled adults.
Section 777.04, F.S., relating to attempts, solicitation, and conspiracy to commit an offense
listed in this subsection.
Section 782.04, F.S., relating to murder.
Section 782.07, F.S., relating to manslaughter, aggravated manslaughter of an elderly person or
disabled adult, or aggravated manslaughter of a child.
18
Florida Certification Board, Florida Certification Board Criminal History Policy, https://flcertificationboard.org/wp-
content/uploads/FCB-Criminal-History-Policy-February-2021.pdf and Credentials,
https://flcertificationboard.org/credentials/ (accessed April 6, 2023).
19
Section 435.05(1)(a), F.S.
20
Section 435.03(1) and 435.04(1)(a), F.S.
21
Section 435.05(1)(b)-(c), F.S.
22
Id.
23
Section 435.05(1)(b), F.S.
24
Section 435.05(1)(c), F.S.
25
Section 435.05(1)(d), F.S.
26
Section 435.04(2), F.S. STORAGE NAME: h0249b.HHS PAGE: 5
DATE: 4/7/2023
Section 782.071, F.S., relating to vehicular homicide.
Section 782.09, F.S., relating to killing of an unborn child by injury to the mother.
Chapter 784, F.S., relating to assault, battery, and culpable negligence, if the offense was a
felony.
Section 784.011, F.S., relating to assault, if the victim of the offense was a minor.
Section 784.03, F.S., relating to battery, if the victim of the offense was a minor.
Section 787.01, F.S., relating to kidnapping.
Section 787.02, F.S., relating to false imprisonment.
Section 787.025, F.S., relating to luring or enticing a child.
Section 787.04(2), F.S., relating to taking, enticing, or removing a child beyond the state limits
with criminal intent pending custody proceedings.
Section 787.04(3), F.S., relating to carrying a child beyond the state lines with criminal intent to
avoid producing a child at a custody hearing or delivering the child to the designated person.
Section 790.115(1), F.S., relating to exhibiting firearms or weapons within 1,000 feet of a
school.
Section 790.115(2)(b), F.S., relating to possessing an electric weapon or device, destructive
device, or other weapon on school property.
Section 794.011, F.S., relating to sexual battery.
Former s. 794.041, F.S., relating to prohibited acts of persons in familial or custodial authority.
Section 794.05, F.S., relating to unlawful sexual activity with certain minors.
Chapter 796, F.S., relating to prostitution.
Section 798.02, F.S., relating to lewd and lascivious behavior.
Chapter 800, F.S., relating to lewdness and indecent exposure.
Section 806.01, F.S., relating to arson.
Section 810.02, F.S., relating to burglary.
Section 810.14, F.S., relating to voyeurism, if the offense is a felony.
Section 810.145, F.S., relating to video voyeurism, if the offense is a felony.
Chapter 812, F.S., relating to theft, robbery, and related crimes, if the offense is a felony.
Section 817.563, F.S., relating to fraudulent sale of controlled substances, only if the offense
was a felony.
Section 825.102, F.S., relating to abuse, aggravated abuse, or neglect of an elderly person or
disabled adult.
Section 825.1025, F.S., relating to lewd or lascivious offenses committed upon or in the
presence of an elderly person or disabled adult.
Section 825.103, F.S., relating to exploitation of an elderly person or disabled adult, if the
offense was a felony.
Section 826.04, F.S., relating to incest.
Section 827.03, F.S., relating to child abuse, aggravated child abuse, or neglect of a child.
Section 827.04, F.S., relating to contributing to the delinquency or dependency of a child.
Former s. 827.05, F.S., relating to negligent treatment of children.
Section 827.071, F.S., relating to sexual performance by a child.
Section 843.01, F.S., relating to resisting arrest with violence.
Section 843.025, F.S., relating to depriving a law enforcement, correctional, or correctional
probation officer of means of protection or communication.
Section 843.12, F.S., relating to aiding in an escape.
Section 843.13, F.S., relating to aiding in the escape of juvenile inmates in correctional
institutions.
Chapter 847, F.S., relating to obscene literature.
Section 874.05, F.S., relating to encouraging or recruiting another to join a criminal gang.
Chapter 893, F.S., relating to drug abuse prevention and control, only if the offense was a felony
or if any other person involved in the offense was a minor.
Section 916.1075, F.S., relating to sexual misconduct with certain forensic clients and reporting
of such sexual misconduct.
Section 944.35(3), F.S., relating to inflicting cruel or inhuman treatment on an inmate resulting in
great bodily harm. STORAGE NAME: h0249b.HHS PAGE: 6
DATE: 4/7/2023
Section 944.40, F.S., relating to escape.
Section 944.46, F.S., relating to harboring, concealing, or aiding an escaped prisoner.
Section 944.47, F.S., relating to introduction of contraband into a correctional facility.
Section 985.701, F.S., relating to sexual misconduct in juvenile justice programs.
Section 985.711, F.S., relating to contraband introduced into detention facilities.
Exemption from Disqualification
If an individual is disqualified due to a pending arrest, conviction, plea of nolo contendere, or
adjudication of delinquency to one or more of the disqualifying offenses, s. 435.07, F.S., allows the
Secretary of the appropriate agency to exempt applicants from that disqualification under certain
circumstances:
27
Three years have elapsed since the individual has completed or been lawfully released from
confinement, supervision, or nonmonetary condition imposed by a court for a disqualifying
felony; or
The applicant has completed or been lawfully released from confinement, supervision, or
nonmonetary condition imposed by a court for a misdemeanor or an offense that was a felony at
the time of commission but is now a misdemeanor.
Receiving an exemption allows that individual to work despite the disqualifying crime in that person’s
past. However, an individual who is considered a sexual predator,
28
career offender,
29
or sexual
offender (unless not required to register)
30
cannot ever be exempted from disqualification.
31
Current law does not prohibit a person from becoming certified as a teacher if ineligible for an
exemption from a disqualifying offense under s. 435.07, F.S.
Abuse and Neglect Registry Searches
When states conduct child protective investigations for children suspected of being abused, neglected,
or abandoned, they maintain records regarding the outcomes of those investigations. These
investigations typically determine whether abuse, neglect, or abandonment happened and identify a
perpetrator, using terms such as “founded”, “indicated”, “confirmed”, or in the case of Florida,
“verified”
32
. However, as investigators sometimes cannot determine whether abuse, neglect, or
abandonment occurred; cannot identify a perpetrator if it did; or determine that there was no abuse,
neglect, or abandonment, findings might include “unconfirmed”, “not indicated”, or, in Florida “not
substantiated”
33
or “no indicators”
34
. Each state uses its own terms.
35
The collection of records of child abuse, neglect, and abandonment, including those that identify
perpetrators and the findings, are maintained in statewide databases that are known as central
27
Section 435.07(1), F.S.
28
Section 775.261, F.S.
29
Section 775.261, F.S.
30
Section 943.0435, F.S.
31
Section 435.07(4)(b), F.S.
32
“Verified” is used when a preponderance of the credible evidence results in a determination the specific harm or threat
of harm was the result of abuse, abandonment, or neglect. Department of Children and Families CFOP 170-4, p. 6.
https://www.myflfamilies.com/sites/default/files/2022-12/cfop_170-04_child_maltreatment_index_0.pdf
33
“Not substantiated” is used when there is credible evidence which does not meet the standard of being a
preponderance to support that the specific harm was the result of abuse, abandonment or neglect. Department of
Children and Families CFOP 170-4, p. 6. https://www.myflfamilies.com/sites/default/files/2022-12/cfop_170-
04_child_maltreatment_index_0.pdf.
34
“No Indicators” is used when there is no credible evidence to support that the specific harm was the result of abuse,
abandonment or neglect. Department of Children and Families CFOP 170-4, p. 6.
https://www.myflfamilies.com/sites/default/files/2022-12/cfop_170-04_child_maltreatment_index_0.pdf.
35
U.S. Department of Health & Human Services, State Statutes: Review and Expunction of Central Registries and
Reporting Records, May 2018, pp. 1-2 https://www.childwelfare.gov/pubpdfs/registry.pdf (accessed April 7, 2023). STORAGE NAME: h0249b.HHS PAGE: 7
DATE: 4/7/2023
registries. Each state’s registries differ; some maintain all investigated reports, and others maintain only
substantiated reports.
36
In Florida, records are kept in the state’s Florida Safe Families Network (FSFN).
37
Due to the nature of
their content, such records are highly sensitive, and accordingly, s. 39.202, F.S., limits access to
reports and records in cases of child abuse or neglect. All records held by DCF concerning reports of
child abandonment, abuse, or neglect are confidential and exempt, with limited exceptions for access.
For example, some limited exceptions allow the use of records for employment purposes.
While neither Level 1 nor Level 2 screenings specifically require abuse and neglect registry searches,
such searches are required for background screening for certain child care providers.
38
The federal Child Care and Development Block Grant (CCDBG) Act of 2014 added new requirements
for comprehensive criminal background checks for child care providers. The 2014 law and
accompanying regulations require states to conduct comprehensive criminal background checks every
five years for providers receiving CCDBG funds, as well as providers who are licensed, regulated, or
registered in the state, with the exception of individuals exclusively caring for relatives.
39
Among the required components of the new comprehensive background checks under the CCDBG Act
was a search of state child abuse registries. To comply with the law, the Department of Children and
Families began conducting searches of Florida’s abuse registry for child care providers. Child care
providers themselves seek information from other states regarding any abuse registry information those
states have regarding staff members.
An evaluation by the U.S. Department of Health and Human Services of challenges related to the
expanded screening required under the CCDBG Act, including accessing states’ abuse and neglect
registries, listed the following problems being encountered by child care providers:
Poor data quality and incomplete records.
Each state having its own system for requesting out-of-state background checks.
Different terms or definitions across the states, making it hard to interpret results
Non-response to out of state checks.
40
Systems for Processing Background Screenings
Florida has established different programs to facilitate for conducting background screenings. These
include the Care Provider Background Screening Clearinghouse (Clearinghouse), which is used by
state agencies for statutorily-required screenings, the Volunteer Employee Criminal History System
(VECHS), which is used for non-statutorily required screenings, and the Florida Shared School Results
(FSSR) system. Level 2 screenings may also be run by state agencies outside of the Clearinghouse if
an agency does not participate in the clearinghouse.
Care Provider Background Screening Clearinghouse
The Clearinghouse provides the opportunity for participating screening agencies to share the results of
criminal history checks and involves maintaining fingerprints as part of the Rap Back Service
(discussed below), which allows continual review of fingerprints against new criminal history
information.
36
Id.
37
Id. at 10.
38
Department of Children and Families, Agency Analysis for 2023 House Bill 249 (April 3, 2023), p. 6.
39
Congressional Research Service, CCDBG Act of 2014: Key Provisions and Implementation Status, Nov. 22, 2016, p. 1,
crsreports.congress.gov (accessed April 6, 2023).
40
Brittany Cunningham et al., States’ Status of and Identified Barriers to Implementation of the CCDBG Act of 2014 Out-
of-state Background Check Requirements, pp. 3-4
https://www.acf.hhs.gov/sites/default/files/documents/opre/2021_08_20_Child%20Care%20Interstate%20Background%2
0Checks%20Brief_508.pdf (Accessed April 6, 2023). STORAGE NAME: h0249b.HHS PAGE: 8
DATE: 4/7/2023
Given the sensitivity of criminal history information, 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.
41
To address this, in
2012, the Legislature created the Care Provider Background Screening Clearinghouse (Clearinghouse)
to create a single “program” of screening individuals and allow for the results of criminal history checks
of persons acting as covered care providers to be shared among the specified agencies.
42
Final
implementation of the Clearinghouse by the designated state agencies was required by October 1,
2013. The Clearinghouse completed 917,474 screenings in 2022.
43
Current designated agencies participating in the clearinghouse 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,
the DOE, and
local licensing agencies approved pursuant to s. 402.307, when these agencies are conducting
state and national criminal history background screening on persons who work with children or
persons who are elderly or disabled.
44
The following entities are also designated agencies, and were authorized to use the Care Provider
Background Screening Clearinghouse (Clearinghouse) beginning in January 1, 2023. They must be
fully implemented into the Clearinghouse by January 1, 2024, or by a date determined by AHCA:
each district unit under s. 1001.30,
special district units under s. 1011.24,
the Florida School for the Deaf and the Blind under s. 1002.36,
the Florida Virtual School under s. 1002.37,
virtual instruction programs under s. 1002.45,
charter schools under s. 1002.33,
hope operators under s. 1002.333,
private schools participating in an educational scholarship program established pursuant to
chapter 1002,
alternative schools under s. 1008.341, and
regional workforce boards providing services as defined in s. 445.002(3).
45
Screenings are only as good as the date they are run. Without systems to continually match
fingerprints against new arrests or convictions, any occurring after the screening are not known until the
person is rescreened or self-reports. The Clearinghouse requires use of the Rap Back Services that
allows for constant review of new criminal history information. Once a person’s screening record is in
the Clearinghouse, that person may avoid the need for some future state screens and related fees for
screenings, depending on the screening agencies or organizations.
46
The Clearinghouse is currently undergoing modernization, due to be completed in April 2024. This
must be completed before any additional changes are made to the system.
47
Volunteer Employee Criminal History System
41
See Pub. L. No. 92-544 (Oct. 25, 1972); 28 C.F.R. Part 20; 28 C.F.R. s. 50.12.
42
Chapter 2012-73, L.O.F.
43
Supra note 38, at 5.
44
Section 435.02(5), F.S. (definition of “Specified agency”)
45
Ch. 2022-154, Laws of Fla.
46
Fingerprints are only retained for five years, so individuals do need to be refingerprinted and rescreened even if they
are only working or volunteering with Clearinghouse agencies.
47
Agency for Health Care Administration, Agency Analysis of 2023 House Bill 249, (n.d.), p. 6. STORAGE NAME: h0249b.HHS PAGE: 9
DATE: 4/7/2023
The Volunteer Employee Criminal History System (VECHS) was enacted in 1999 to implement the
National Child Protection Act (NCPA). The VECHS program provides state and national criminal history
record information on applicants, employees, and volunteers to qualified entities. Qualified entities that
register with FDLE may screen personnel and employees through the submission of fingerprints. A
“qualified entity” is a business or organization that provides care, treatment, education, training,
instruction, supervision, or recreation to children, the elderly, or individuals with disabilities.
48
Organizations that are statutorily required to obtain criminal history record checks on their employees
or volunteers may not use VECHS.
49
Each request must be voluntary and conform to the requirements of the National Child Protection Act of
1993, as amended.
50
After a qualified entity registers with FDLE, the department assigns that qualified entity an Originating
Agency Identifier (ORI) number by FDLE to facilitate such screenings. FDLE periodically audits
qualified entities to ensure compliance with federal law and s. 943.0542, F.S.
51
Generally, qualified entities may voluntarily elect to retain the fingerprints of their employees and
volunteers and use the Rap Back Service; however, pursuant to s. 1002.421, F.S., a private school
participating in an educational scholarship program, must require each employee and contracted
personnel with direct student contact to have their fingerprints retained within this system.
52
Florida Shared School Results (FSSR) system
Screening results for school contractors, both those who have direct contact with students and those
who simply have access to school property when students are present, are entered into the Florida
Shared School Results (FSSR) system,
53
which allows the results to be shared with other school
districts through a secure internet website or other secure electronic means. However, the screening
results for instructional personnel hired or contracted by an approved virtual instruction provider are not
included in FSSR. As a result, these individuals must often undergo background screening by multiple
school districts using the provider’s services.
54
Noncriminal Justice Rap Back Service (Fingerprint Retention)
The Noncriminal Justice Rap Back Service is managed by the FBI's Criminal Justice Information
Services Division. With the legal authority when an individual’s fingerprints are submitted through an
approved Next Generation Identification (NGI) connection and retained in the NGI System, they can be
enrolled in the Rap Back Service. Once enrolled, the individual’s fingerprints will be subject to future
searches in the NGI System.
With Rap Back, an electronic notification will be generated if some time later a person in the
clearinghouse engages in any criminal activity where fingerprints are taken and submitted to the NGI
System.
The screening entities are also notified if any previously unreported criminal activity is updated to the
Identity History Summary. Without Rap Back, employers or organizations with volunteers depend on
48
Section 943.0542(1), F.S.
49
Florida Department of Law Enforcement, About VECHS, https://www.fdle.state.fl.us/Background-Checks/About-Us (last
visited Feb. 11, 2023).
50
Section 943.0542(2), F.S.
51
Florida Department of Law Enforcement, Agency Analysis of 2023 House Bill 2023 (Jan. 30, 2023), p. 2.
52
Id.
53
Florida Department of Law Enforcement, Jessica Lunsford Act Information, http://www.fdle.state.fl.us/JLA/Jessica-
Lunsford-Act-Information.aspx (last visited Jan 24, 2022).
54
Section 1012.467(7)(a), F.S. STORAGE NAME: h0249b.HHS PAGE: 10
DATE: 4/7/2023
the screened individuals to self-report their own criminal activity or have it discovered as a result of re-
fingerprinting, possibly years later.
55
Screening entities may be required to use the Rap Back service, such as when individuals are
screened through the Clearinghouse. Qualified entities screening through VECHS may opt to enroll a
screened individual in the Rap Back service by requesting, and paying for, retention of fingerprints.
Background Screening of Individuals at Schools
Individuals who work in or provide services to school districts, charter schools, alternative schools, and
private schools participating in state school choice scholarship programs
56
must undergo a fingerprint-
based background screening before being permitted access to school grounds.
57
The individuals who
must undergo background screening fall under three personnel classifications: instructional and
noninstructional personnel;
58
noninstructional school district employees and contracted personnel;
59
and
noninstructional contractors.
60
Candidates for educator certification must also undergo background
screening.
61
The background screening requirements for each personnel classification vary depending upon the
individual’s duties, whether or not the individual is a school district employee, and the degree of contact
the individual has with students.
62
Because they are more likely to have direct contact with students,
candidates for educator certification, instructional and noninstructional personnel, and noninstructional
school district employees and contracted personnel must be screened against a distinct list of 52
disqualifying offenses applicable to employment with public schools and school districts.
63
Athletic
coaches employed by public schools must be certified by the DOE and are subject to the same
background screening standards as other individuals seeking certification.
64
In contrast,
noninstructional contractors, individuals who are not school district employees and have no direct
contact with students, are screened against a statutory list of 12 disqualifying offenses.
65
These
background screenings are conducted through the Clearinghouse.
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:
66
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 Department of Education (DOE) Professional Practices’
Database of Disciplinary Actions Against Educators, Teacher Certification Database, and the
disqualification list;
67
and
55
Federal Bureau of Investigation, CJIS Noncriminal Rap Back Service, https://www.fbi.gov/video-repository/cjis-
non_crim_rapback_2020.mp4/view (accessed April 7, 2023).
56
The background screenings conducted by such private schools are conducted through the VECHS.
57
Sections 1002.421, 1012.32(2), 1012.465(2), and 1012.467(2)(a), F.S
58
Instructional and noninstructional personnel are individuals who are hired or contracted to fill positions that require
direct contact with students in any public school. Section 1012.32(2), F.S.
59
Noninstructional school district employees and contracted personnel are 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.
60
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), F.S.
61
Sections 1012.315, 1012.32(2)(a), and 1012.56(10)(a), F.S.
62
See ss. 1012.32(2), 1012.465(2), and 1012.467(2)(a), F.S.
63
Sections 1012.315, 1012.32, and 1012.465, F.S.
64
Section 1012.55(2), F.S. See also 1012.56, F.S.; Rule 6A-4.004(4), F.S.
65
See s. 1012.467(2)(b), F.S. The law references eight specific offenses plus crimes involving lewd and lascivious
behavior in ch. 800, F.S., which include four such offenses. Id.
66
Sections 1002.33(12)(g)4. (charter schools), 1002.421(1)(o) (private schools), and 1012.27(6), F.S. (school districts).
67
See s. 1001.10(4)(b), F.S.; see also Florida Department of Education, Employment Screening Tools,
https://www.fldoe.org/teaching/professional-practices/employment-screening-tools.stml (last visited Feb. 11, 2023) STORAGE NAME: h0249b.HHS PAGE: 11
DATE: 4/7/2023
Document the findings.
The disqualification list is maintained by the DOE and includes:
68
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 EPC.
69
The identity of any person who has been permanently disqualified by the Commissioner as an
owner or operator of a private school participating in a state scholarship program.
The identity of any person who has been terminated, or has resigned in lieu of termination, from
employment as a result of sexual misconduct with a student.
The identity of any person who is ineligible for educator certification or employment under s.
1012.315, F.S.
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.
70
Additionally, 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. The law specifically references certified educators employed by traditional public schools, charter
schools, and private schools participating in a state school choice scholarship program, while omitting
approved virtual instruction providers.
71
The law also requires law enforcement agencies to 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 school 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.
72
Upon notification by law enforcement, the principal must, within 24 hours, 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.
73
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
related to reporting alleged misconduct by instructional personnel, educational support personnel, or
school administrators which affects the health, safety, or welfare of a student.
74
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.
75
Youth Athletic Team Coaches
An independent sanctioning authority is a private, nongovernmental entity that organizes, operates, or
coordinates a youth athletic team in Florida which include one or more minors and are not affiliated with
(includes links to the Professional Practices’ Database of Disciplinary Actions Against Educators and the Teacher
Certification Database).
68
Section 1001.10(4)(b), F.S.
69
Section 1012.795, F.S.
70
Sections 775.082 and 775.083, F.S.
71
Section 1012.796(1), F.S.
72
Section 1012.797, F.S.
73
Id.
74
Section 1006.061(2), F.S.
75
Id. STORAGE NAME: h0249b.HHS PAGE: 12
DATE: 4/7/2023
a private school.
76
An independent sanctioning authority must conduct a Level 1 background screening
of each current and prospective athletic coach. The required background screening must also include a
search of the applicant or coach’s name or other identifying information against state and federal
registries of sexual predators and sexual offenders.
77
An individual may not serve as a youth athletic
coach
78
unless a Level 1 screening has been conducted and the screening does not result in his or her
disqualification.
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 s. 943.0438, F.S.
79
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 background screening or if his or her name appears in
either registry.
80
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.
81
In specified
circumstances, an independent sanctioning authority may grant an exception to an applicant in
accordance with s. 435.07(1)(a), F.S.
82
Examples of possible exceptions include, but are not limited to,
an applicant whose criminal record includes a:
83
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
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.
The sanctioning authority must maintain documentation of the results of each person screened and the
written notice provided to any disqualified person for a minimum of five years.
84
Effect of Proposed Changes
Employee Background Screenings
The bill requires Level 2 security background screenings to also include an employment history check
and a search of the sexual predator and sexual offender registries and the child abuse and neglect
registry of any state where the individual resided during the previous five years. This will apply
regardless of whether the individual is in a position working with children or not. The search of child
abuse registries could cause significant delays in completing screening due to difficulties in timely
obtaining such information.
The bill does not specify what employment history, sexual predator and offender registry, or child abuse
and neglect registry results would disqualify an individual from a position and thus appears to leave the
decision to the entity considering hiring, licensing, hiring, or otherwise working with the individual being
76
Sections 1002.01 and 943.0438(1)(b), F.S.
77
Section 943.0438(2)(a)1, F.S.
78
“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 based team in this state; and has direct contact with one or more minors on the youth athletic team. Section
943.0438(1)(a), F.S.
79
Chapter 2014-9, L.O.F.
80
Section 943.0438(2)(b), F.S.
81
Section 943.0438(2)(c), F.S.
82
Section 943.0438(2)(b), F.S.
83
Section 435.07(1), F.S.
84
Section 943.0438(2)(d), F.S. STORAGE NAME: h0249b.HHS PAGE: 13
DATE: 4/7/2023
screened. This information is not obtainable through the criminal history check, whether conducted
through the clearinghouse, VECHS system, or by agencies through FDLE, so agencies and qualified
entities would need to conduct these checks on their own.
The bill revises the list of Level 2 disqualifying offenses to include s. 794.08, F.S., relating to female
genital mutilation. While additional disqualifying offenses are listed, these are already included in law.
.
Care Provider Background Screening Clearinghouse
The bill authorizes qualified entities to conduct background screenings using the Clearinghouse
beginning January 1, 2025, or a date determined by AHCA, if such entities choose to do so. If a
qualified entity chooses to use the Clearinghouse, it must comply with all Clearinghouse requirements
and processes for background screening required by law. For instance, the qualified entities will need
to maintain in the clearinghouse the current employment or affiliation status of their employees,
volunteers, or other individuals whom the qualified entities have screened. This may increase the
administrative requirements on qualified entities. The qualified entities or the individuals being screened
by the qualified entity will also need to pay a fee of $24 for five years’ retention of fingerprints in the
clearinghouse. See Fiscal Comments.
Including qualified entities in the Clearinghouse will allow the qualified entities to share background
screening results with each other, reducing the number of screenings some individuals must undergo.
This will also require the qualified entities using the Clearinghouse to participate in the Rap-back
automated continual screening of fingerprints against new arrests and convictions, providing those
entities up-to-date information about any disqualifying offenses. There is a fee for this service (see
Fiscal Comments).
Youth Athletic Team Coaches
Current law requires youth athletic coaches, assistant coaches, and referees to undergo a Level 1
background screening if the coach works for more than 20 hours per year. The bill revises background
screening requirements to require these individuals, including managers, to undergo Level 2 screenings
and removes the 20 hour minimum work requirement. This means that all youth athletic coaches,
assistant coaches, managers and referees must undergo a Level 2 background screening, regardless
of hours worked.
Background Screening of Individuals at Schools
The bill revises the background screening standards for individuals who have direct contact with a
student in a district school system, a charter school, or a private school that participates in a state
scholarship program by replacing the list of disqualifying offenses with the level 2 screening standard
under s. 435.04(2), F.S. Noninstructional contractors, with access to school grounds when students are
present, will also have to meet the level 2 screening standard in s. 435.04(2), F.S., instead of the
current list of 9 disqualifying offenses.
Additionally, FDLE must develop a method for identifying or verifying an individual through automated
biometrics for federal approval. The department already uses a method of identifying individuals
through automated biometrics (fingerprints).
The bill provides appropriations of $285,367 in recurring funds and $581,064 in non-recurring funds for
the purposes of providing staff for the Clearinghouse to support additional background screenings for
entities using the Clearinghouse.
B. SECTION DIRECTORY:
Section 1: Amending s. 435.02, F.S., relating to definitions.
Section 2: Amending s. 435.04, F.S., relating to level 2 screening standards.
Section 3: Amending s. 435.12, F.S., relating to care provider background screening clearinghouse. STORAGE NAME: h0249b.HHS PAGE: 14
DATE: 4/7/2023
Section 4: Amending s. 943.0438, F.S., relating to athletic coaches for independent sanctioning
authorities.
Section 5: Amending s. 943.05, F.S., relating to Criminal Justice Information Program; duties; crime
reports.
Section 6: Amending s. 943.0542, F.S., access to criminal history information provided by the
department to qualified entities.
Section 7: Amending s. 1012.315, F.S., relating to screening standards.
Section 8: Amending s. 1012.467, F.S., relating to noninstructional contractors who are permitted
access to school grounds when students are present; background screening
requirements.
Section 9: Providing an appropriation.
Section 10: Providing an effective date.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
Department of Law Enforcement: there is an indeterminate impact on revenue received by the
department for background screenings, as the number of future screenings is unknown based on
changes to processing for these types of entities and professions:
For VECHS employees and current and prospective athletic coaches screened through the
Clearinghouse, the state portion of the criminal history check is $48, of which $24 is for the
state and national criminal history record check and $24 is for the five years’ retention of
fingerprints, deposited into FDLE’s Operating Trust Fund.
For VECHS volunteers, state portion of the criminal history check is $42, of which $18 is for
the state and national criminal history record check and $24 is for the five years’ retention of
fingerprints, deposited into FDLE’s Operating Trust Fund.
For current and prospective athletic coaches not screened through the Clearinghouse with
no fingerprint retention, the fee for the state portion of the criminal history check is $24.
2. Expenditures:
Department of Children and Families: the provisions requiring review of the state’s child abuse
and neglect registry will require 62 additional FTE at a total cost of $5.2 million.
Agency for Health Care Administration: AHCA requires contracted staff to research, develop,
test and implement the updated system at a total of $400,000 recurring and $4 million non-recurring
per year for three years. For instance, the clearinghouse’s technology will need to be updated to
identify the different types of organizations conducting screenings (such as state agencies versus
qualified entities) which accordingly screen under different federal authorities, to ensure proper
receipt and dissemination of criminal history information, as required by the FBI.
Department of Law Enforcement: there is an indeterminate impact on FDLE’s Biometric
Identification System, which is currently being migrated to the new generation of Biometric
Identification Systems.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
STORAGE NAME: h0249b.HHS PAGE: 15
DATE: 4/7/2023
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
Private citizens: Those individuals who are receiving multiple screenings through VECHS for which
they are paying fees may experience reduced costs if the qualified entities doing the screenings are
able to share results through the Clearinghouse.
Qualified entities: Those choosing to conduct background screening through VECHS, which under the
bill requires retention of fingerprints, would increase their cost of screening by $24 per individual, for 5
years of retention, which is paid at the time of screening; they may also experience a workload impact
due to additional responsibilities maintaining employees and volunteers’ employment and affiliation
status in the clearinghouse. However, if they are currently paying for screenings and are now able to
share results, they may experience reduced costs.
Current and prospective athletic coaches: The total fiscal impact to the private sector for state and
national criminal history record checks with five (5) years of Clearinghouse retention is $61.25. Of this
total amount, the cost for a state and national criminal history record check is $37.25; the cost for the
national portion of the criminal history record check is $13.25 and the cost for the state portion is $24,
which goes into FDLE’s Operating Trust Fund. Since persons screened pursuant to this bill are eligible
be entered in the Clearinghouse, as applicable, $24 for five (5) years of state fingerprint retention will be
paid up front and will go into FDLE’s Operating Trust Fund. Once enrolled in in the federal retention
program, there will be no fees required by the FBI for federal fingerprint retention.
Employers and licensees: It is unknown how long it will take to process Level 2 background screenings
based on the additional information required. Child care providers reported significant delays obtaining
employment history and child abuse registry when new requirements to do so were imposed by federal
law in the late 2010’s. It appears that systems for obtaining that information have not improved
significantly since then. The bill’s requirement to do such checks, especially for the child abuse registry
checks, may delay employers’ ability to hire and licensees’ ability to obtain licensure. Given the number
of employers and professions which must by law screen employees, this could have a significant impact
on the private sector.
D. FISCAL COMMENTS:
The bill provides appropriations of $285,367 in recurring funds and $581,064 in non-recurring funds to
the Agency for Health Care Administration for the purposes of providing staff for the Clearinghouse to
support additional background screenings for entities using the Clearinghouse. Note that these
appropriations are insufficient to fund the expenditures projected to be required by the bill.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
None.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
None.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
STORAGE NAME: h0249b.HHS PAGE: 16
DATE: 4/7/2023
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES