ENROLLED 2023 Legislature CS for SB 676, 1st Engrossed 2023676er 1 2 An act relating to level 2 background screenings; 3 amending s. 435.02, F.S.; revising and providing 4 definitions; amending s. 435.04, F.S.; requiring 5 persons with an affiliation to certain qualified 6 entities to undergo security background 7 investigations; expanding authorized records that may 8 be checked during a level 2 background screening; 9 adding additional disqualifying offenses to level 2 10 background screening requirements; removing obsolete 11 language; amending s. 435.07, F.S.; authorizing the 12 head of a qualified entity to grant a person with an 13 affiliation an exemption from disqualification under 14 certain circumstances; conforming provisions to 15 changes made by the act; amending s. 435.12, F.S.; 16 authorizing certain qualified entities to participate 17 in the Care Provider Background Screening 18 Clearinghouse beginning on a specified date; requiring 19 the Agency for Health Care Administration to perform 20 certain actions beginning on a specified date; 21 requiring the clearinghouse to share eligibility 22 determinations with certain entities; requiring 23 certain persons with a certain break in service from a 24 position with a qualified entity to submit to a 25 national screening beginning on a specified date; 26 revising the timeframe for certain reporting 27 requirements; revising deadlines for rescreening 28 certain employees; removing obsolete language; 29 conforming provisions to changes made by the act; 30 amending s. 943.0438, F.S.; revising the definition of 31 the term athletic coach; requiring level 2, instead 32 of level 1, background screenings for current and 33 prospective athletic coaches; providing timeframes for 34 independent sanctioning authorities to disqualify 35 certain persons from acting as an athletic coach for 36 certain reasons; requiring independent sanctioning 37 authorities to participate in a specified system; 38 conforming provisions to changes made by the act; 39 amending s. 943.05, F.S.; expanding the agencies and 40 entities which may use the Criminal Justice 41 Information Program; requiring the program to develop, 42 for federal approval, a specified method for 43 identifying or verifying an individual; amending s. 44 943.0542, F.S.; requiring qualified entities to submit 45 a request for screening to the Department of Law 46 Enforcement or, after a specified date, the Agency for 47 Health Care Administration; specifying how payments 48 for a statewide criminal history check are to be made; 49 providing requirements for certain qualified entities; 50 specifying when the clearinghouse may provide certain 51 records to a qualified entity; requiring entities 52 making determinations regarding screening to apply 53 certain criteria; revising standards for 54 determinations of whether a criminal history record 55 shows certain information; requiring the agency to 56 make certain determinations regarding the eligibility 57 of certain employees or volunteers beginning on a 58 specified date; requiring the clearinghouse to provide 59 certain notifications beginning on a specified date; 60 conforming provisions to changes made by the act; 61 amending s. 1012.315, F.S.; revising screening 62 requirements for specified individuals; requiring the 63 agency to make certain determinations regarding the 64 eligibility of certain employees beginning on a 65 specified date; conforming provisions to changes made 66 by the act; amending s. 1012.467, F.S.; requiring the 67 agency to make certain determinations regarding the 68 eligibility of certain noninstructional contractors 69 beginning on a specified date; requiring background 70 screenings to be conducted by the clearinghouse 71 beginning on a specified date; amending s. 1012.56, 72 F.S.; requiring the records of a person applying for 73 educator certification to be referred to the agency 74 beginning on a specified date; requiring background 75 screening to be conducted by the clearinghouse 76 beginning on a specified date; reenacting ss. 1001.10, 77 1001.42, 1001.51, 1002.33, 1002.333, 1002.421, 78 1012.32, 1012.56, 1012.795, and 1012.796, F.S., to 79 incorporate the amendments made by this act to s. 80 1012.315, F.S., in references thereto; reenacting s. 81 1012.468, F.S., to incorporate the amendments made by 82 this act to s. 1012.467, F.S., in a reference thereto; 83 providing an appropriation; requiring that certain 84 provisions be implemented by the later of a specified 85 date or a date determined by the agency; providing 86 effective dates. 87 88 Be It Enacted by the Legislature of the State of Florida: 89 90 Section 1.Subsections (1) through (4) and subsections (5) 91 and (6) of section 435.02, Florida Statutes, are renumbered as 92 subsections (2) through (5) and subsections (7) and (8), 93 respectively, present subsection (4) is amended, and new 94 subsections (1) and (6) are added to that section, to read: 95 435.02Definitions.For the purposes of this chapter, the 96 term: 97 (1)Affiliation means the status of a person employed or 98 serving as a volunteer or contractor, or seeking to be employed 99 or to serve as a volunteer or contractor, with a qualified 100 entity in a position for which screening is not required by law 101 but is authorized under the National Child Protection Act. 102 (5)(4)Employment means any activity or service sought to 103 be performed by an employee or a person with an affiliation 104 which requires the employee, or for which a person with an 105 affiliation is authorized, to be screened pursuant to this 106 chapter. 107 (6)Qualified entity has the same meaning as in s. 108 943.0542(1). 109 Section 2.Paragraphs (a), (b), and (d) of subsection (1) 110 and subsection (2) of section 435.04, Florida Statutes, are 111 amended to read: 112 435.04Level 2 screening standards. 113 (1)(a)All employees required by law to be screened under 114 pursuant to this section and persons with an affiliation with a 115 qualified entity for whom the qualified entity chooses to 116 conduct screening under s. 943.0542 must undergo security 117 background investigations as a condition of employment and 118 continued employment which includes, but is not need not be 119 limited to, fingerprinting for statewide criminal history 120 records checks through the Department of Law Enforcement, and 121 national criminal history records checks through the Federal 122 Bureau of Investigation, and may include local criminal records 123 checks through local law enforcement agencies. A security 124 background investigation under this section also includes a 125 search of the sexual predator and sexual offender registries of 126 any state in which the current or prospective employee resided 127 during the immediate preceding 5 years. 128 (b)Fingerprints submitted pursuant to this section on or 129 after July 1, 2012, must be submitted electronically to the 130 Department of Law Enforcement. 131 (d)An agency may require by rule that fingerprints 132 submitted pursuant to this section must be submitted 133 electronically to the Department of Law Enforcement on a date 134 earlier than July 1, 2012. 135 (2)The security background investigations under this 136 section must ensure that no persons subject to the provisions of 137 this section have not been arrested for and are awaiting final 138 disposition of, have not been found guilty of, regardless of 139 adjudication, or entered a plea of nolo contendere or guilty to, 140 or have not been adjudicated delinquent and the record has not 141 been sealed or expunged for, any offense prohibited under any of 142 the following provisions of state law or similar law of another 143 jurisdiction: 144 (a)Section 393.135, relating to sexual misconduct with 145 certain developmentally disabled clients and reporting of such 146 sexual misconduct. 147 (b)Section 394.4593, relating to sexual misconduct with 148 certain mental health patients and reporting of such sexual 149 misconduct. 150 (c)Section 415.111, relating to adult abuse, neglect, or 151 exploitation of aged persons or disabled adults. 152 (d)Section 777.04, relating to attempts, solicitation, and 153 conspiracy to commit an offense listed in this subsection. 154 (e)Section 782.04, relating to murder. 155 (f)Section 782.07, relating to manslaughter, aggravated 156 manslaughter of an elderly person or disabled adult, or 157 aggravated manslaughter of a child. 158 (g)Section 782.071, relating to vehicular homicide. 159 (h)Section 782.09, relating to killing of an unborn child 160 by injury to the mother. 161 (i)Chapter 784, relating to assault, battery, and culpable 162 negligence, if the offense was a felony. 163 (j)Section 784.011, relating to assault, if the victim of 164 the offense was a minor. 165 (k)Section 784.021, relating to aggravated assault. 166 (l)(k)Section 784.03, relating to battery, if the victim 167 of the offense was a minor. 168 (m)Section 784.045, relating to aggravated battery. 169 (n)Section 784.075, relating to battery on staff of a 170 detention or commitment facility or on a juvenile probation 171 officer. 172 (o)(l)Section 787.01, relating to kidnapping. 173 (p)(m)Section 787.02, relating to false imprisonment. 174 (q)(n)Section 787.025, relating to luring or enticing a 175 child. 176 (r)(o)Section 787.04(2), relating to taking, enticing, or 177 removing a child beyond the state limits with criminal intent 178 pending custody proceedings. 179 (s)(p)Section 787.04(3), relating to carrying a child 180 beyond the state lines with criminal intent to avoid producing a 181 child at a custody hearing or delivering the child to the 182 designated person. 183 (t)(q)Section 790.115(1), relating to exhibiting firearms 184 or weapons within 1,000 feet of a school. 185 (u)(r)Section 790.115(2)(b), relating to possessing an 186 electric weapon or device, destructive device, or other weapon 187 on school property. 188 (v)(s)Section 794.011, relating to sexual battery. 189 (w)(t)Former s. 794.041, relating to prohibited acts of 190 persons in familial or custodial authority. 191 (x)(u)Section 794.05, relating to unlawful sexual activity 192 with certain minors. 193 (y)Section 794.08, relating to female genital mutilation. 194 (z)(v)Chapter 796, relating to prostitution. 195 (aa)(w)Section 798.02, relating to lewd and lascivious 196 behavior. 197 (bb)(x)Chapter 800, relating to lewdness and indecent 198 exposure and offenses against students by authority figures. 199 (cc)(y)Section 806.01, relating to arson. 200 (dd)(z)Section 810.02, relating to burglary. 201 (ee)(aa)Section 810.14, relating to voyeurism, if the 202 offense is a felony. 203 (ff)(bb)Section 810.145, relating to video voyeurism, if 204 the offense is a felony. 205 (gg)(cc)Chapter 812, relating to theft, robbery, and 206 related crimes, if the offense is a felony. 207 (hh)(dd)Section 817.563, relating to fraudulent sale of 208 controlled substances, only if the offense was a felony. 209 (ii)(ee)Section 825.102, relating to abuse, aggravated 210 abuse, or neglect of an elderly person or disabled adult. 211 (jj)(ff)Section 825.1025, relating to lewd or lascivious 212 offenses committed upon or in the presence of an elderly person 213 or disabled adult. 214 (kk)(gg)Section 825.103, relating to exploitation of an 215 elderly person or disabled adult, if the offense was a felony. 216 (ll)(hh)Section 826.04, relating to incest. 217 (mm)(ii)Section 827.03, relating to child abuse, 218 aggravated child abuse, or neglect of a child. 219 (nn)(jj)Section 827.04, relating to contributing to the 220 delinquency or dependency of a child. 221 (oo)(kk)Former s. 827.05, relating to negligent treatment 222 of children. 223 (pp)(ll)Section 827.071, relating to sexual performance by 224 a child. 225 (qq)(mm)Section 843.01, relating to resisting arrest with 226 violence. 227 (rr)(nn)Section 843.025, relating to depriving a law 228 enforcement, correctional, or correctional probation officer 229 means of protection or communication. 230 (ss)(oo)Section 843.12, relating to aiding in an escape. 231 (tt)(pp)Section 843.13, relating to aiding in the escape 232 of juvenile inmates in correctional institutions. 233 (uu)(qq)Chapter 847, relating to obscene literature. 234 (vv)(rr)Section 874.05, relating to encouraging or 235 recruiting another to join a criminal gang. 236 (ww)(ss)Chapter 893, relating to drug abuse prevention and 237 control, only if the offense was a felony or if any other person 238 involved in the offense was a minor. 239 (xx)(tt)Section 916.1075, relating to sexual misconduct 240 with certain forensic clients and reporting of such sexual 241 misconduct. 242 (yy)(uu)Section 944.35(3), relating to inflicting cruel or 243 inhuman treatment on an inmate resulting in great bodily harm. 244 (zz)(vv)Section 944.40, relating to escape. 245 (aaa)(ww)Section 944.46, relating to harboring, 246 concealing, or aiding an escaped prisoner. 247 (bbb)(xx)Section 944.47, relating to introduction of 248 contraband into a correctional facility. 249 (ccc)(yy)Section 985.701, relating to sexual misconduct in 250 juvenile justice programs. 251 (ddd)(zz)Section 985.711, relating to contraband 252 introduced into detention facilities. 253 Section 3.Paragraph (a) of subsection (1), paragraphs (a) 254 and (b) of subsection (3), and paragraphs (a) and (b) of 255 subsection (4) of section 435.07, Florida Statutes, are amended 256 to read: 257 435.07Exemptions from disqualification.Unless otherwise 258 provided by law, the provisions of this section apply to 259 exemptions from disqualification for disqualifying offenses 260 revealed pursuant to background screenings required under this 261 chapter, regardless of whether those disqualifying offenses are 262 listed in this chapter or other laws. 263 (1)(a)The head of the appropriate agency or qualified 264 entity may grant to any employee or person with an affiliation 265 otherwise disqualified from employment an exemption from 266 disqualification for: 267 1.Felonies for which at least 3 years have elapsed since 268 the applicant for the exemption has completed or been lawfully 269 released from confinement, supervision, or nonmonetary condition 270 imposed by the court for the disqualifying felony; 271 2.Misdemeanors prohibited under any of the statutes cited 272 in this chapter or under similar statutes of other jurisdictions 273 for which the applicant for the exemption has completed or been 274 lawfully released from confinement, supervision, or nonmonetary 275 condition imposed by the court; 276 3.Offenses that were felonies when committed but that are 277 now misdemeanors and for which the applicant for the exemption 278 has completed or been lawfully released from confinement, 279 supervision, or nonmonetary condition imposed by the court; or 280 4.Findings of delinquency. For offenses that would be 281 felonies if committed by an adult and the record has not been 282 sealed or expunged, the exemption may not be granted until at 283 least 3 years have elapsed since the applicant for the exemption 284 has completed or been lawfully released from confinement, 285 supervision, or nonmonetary condition imposed by the court for 286 the disqualifying offense. 287 288 For the purposes of this subsection, the term felonies means 289 both felonies prohibited under any of the statutes cited in this 290 chapter or under similar statutes of other jurisdictions. 291 (3)(a)In order for the head of an agency or qualified 292 entity to grant an exemption to an any employee or a person with 293 an affiliation, the employee or person with an affiliation must 294 demonstrate by clear and convincing evidence that the employee 295 or person with an affiliation should not be disqualified from 296 employment. Employees or persons with an affiliation seeking an 297 exemption have the burden of setting forth clear and convincing 298 evidence of rehabilitation, including, but not limited to, the 299 circumstances surrounding the criminal incident for which an 300 exemption is sought, the time period that has elapsed since the 301 incident, the nature of the harm caused to the victim, and the 302 history of the employee or person with an affiliation since the 303 incident, or any other evidence or circumstances indicating that 304 the employee or person with an affiliation will not present a 305 danger if employment, affiliation, or continued employment or 306 continued affiliation is allowed. 307 (b)The agency may consider as part of its deliberations of 308 the employees rehabilitation of the employee or person with an 309 affiliation the fact that the employee or person with an 310 affiliation has, subsequent to the conviction for the 311 disqualifying offense for which the exemption is being sought, 312 been arrested for or convicted of another crime, even if that 313 crime is not a disqualifying offense. 314 (4)(a)Disqualification from employment or affiliation 315 under this chapter may not be removed from, nor may an exemption 316 be granted to, any personnel who is found guilty of, regardless 317 of adjudication, or who has entered a plea of nolo contendere or 318 guilty to, any felony covered by s. 435.03 or s. 435.04 solely 319 by reason of any pardon, executive clemency, or restoration of 320 civil rights. 321 (b)Disqualification from employment or affiliation under 322 this chapter may not be removed from, nor may an exemption be 323 granted to, any person who is a: 324 1.Sexual predator as designated pursuant to s. 775.21; 325 2.Career offender pursuant to s. 775.261; or 326 3.Sexual offender pursuant to s. 943.0435, unless the 327 requirement to register as a sexual offender has been removed 328 pursuant to s. 943.04354. 329 Section 4.Effective upon this act becoming a law, 330 subsections (1) and (2) and paragraph (a) of subsection (3) of 331 section 435.12, Florida Statutes, are amended to read: 332 435.12Care Provider Background Screening Clearinghouse. 333 (1)The Agency for Health Care Administration in 334 consultation with the Department of Law Enforcement shall create 335 a secure web-based system, which shall be known as the Care 336 Provider Background Screening Clearinghouse or 337 clearinghouse., and which shall be implemented to the full 338 extent practicable no later than September 30, 2013, subject to 339 the specified agencies being funded and equipped to participate 340 in such program. The clearinghouse must shall allow the results 341 of criminal history checks provided to the specified agencies 342 and, beginning January 1, 2026, or a later date as determined by 343 the Agency for Health Care Administration, to qualified entities 344 participating in the clearinghouse for screening of persons 345 qualified as care providers under s. 943.0542 to be shared among 346 the specified agencies and qualified entities when a person has 347 applied to volunteer, be employed, be licensed, or enter into a 348 contract, or has an affiliation that allows or that requires a 349 state and national fingerprint-based criminal history check. 350 Beginning January 1, 2025, or a later date as determined by the 351 Agency for Health Care Administration, the Agency for Health 352 Care Administration shall review and determine eligibility for 353 all criminal history checks submitted to the clearinghouse for 354 the Department of Education. The clearinghouse shall share 355 eligibility determinations with the Department of Education and 356 the qualified entities. The Agency for Health Care 357 Administration and the Department of Law Enforcement may adopt 358 rules to create forms or implement procedures needed to carry 359 out this section. 360 (2)(a)To ensure that the information in the clearinghouse 361 is current, the fingerprints of a person an employee required to 362 be screened by a specified agency and included in the 363 clearinghouse must be: 364 1.Retained by the Department of Law Enforcement pursuant 365 to s. 943.05(2)(g) and (h) and (3), and the Department of Law 366 Enforcement must report the results of searching those 367 fingerprints against state incoming arrest fingerprint 368 submissions to the Agency for Health Care Administration for 369 inclusion in the clearinghouse. 370 2.Retained by the Federal Bureau of Investigation in the 371 national retained print arrest notification program as soon as 372 the Department of Law Enforcement begins participation in such 373 program. Arrest prints will be searched against retained prints 374 at the Federal Bureau of Investigation and notification of 375 arrests will be forwarded to the Florida Department of Law 376 Enforcement and reported to the Agency for Health Care 377 Administration for inclusion in the clearinghouse. 378 3.Resubmitted for a Federal Bureau of Investigation 379 national criminal history check every 5 years until such time as 380 the fingerprints are retained by the Federal Bureau of 381 Investigation. 382 4.Subject to retention on a 5-year renewal basis with fees 383 collected at the time of initial submission or resubmission of 384 fingerprints. 385 5.Submitted with a photograph of the person taken at the 386 time the fingerprints are submitted. 387 (b)Until such time as the fingerprints are enrolled in the 388 national retained print arrest notification program at the 389 Federal Bureau of Investigation: 390 1.A person, an employee with a break in service of more 391 than 90 days from a position that requires screening by a 392 specified agency must submit to a national screening if the 393 person returns to a position that requires screening by a 394 specified agency. 395 2.Effective January 1, 2026, or a later date as determined 396 by the Agency for Health Care Administration, for the 397 participation of qualified entities in the clearinghouse under 398 s. 435.12, a person with a break in service of more than 90 days 399 from a position for which screening is conducted by a qualified 400 entity participating in the clearinghouse must submit to a 401 national screening if the person returns to a position for which 402 screening is conducted by a qualified entity. 403 (c)An employer of persons subject to screening or a 404 qualified entity participating in the clearinghouse by a 405 specified agency must register with the clearinghouse and 406 maintain the employment or affiliation status of all persons 407 included in employees within the clearinghouse. 408 1.Before January 1, 2024, initial employment status and 409 any changes in status must be reported within 10 business days 410 after a person receives his or her initial status or after a 411 change in the persons status has been made. 412 2.Effective January 1, 2024, initial status and any 413 changes in status must be reported within 5 business days after 414 a person receives his or her initial status or after a change in 415 the persons status has been made. 416 (d)An employer or a qualified entity participating in the 417 clearinghouse must register with and initiate all criminal 418 history checks through the clearinghouse before referring an 419 employee or potential employee or a person with a current or 420 potential affiliation with a qualified entity for electronic 421 fingerprint submission to the Department of Law Enforcement. The 422 registration must include the persons employees full first 423 name, middle initial, and last name; social security number; 424 date of birth; mailing address; sex; and race. Individuals, 425 persons, applicants, and controlling interests that cannot 426 legally obtain a social security number must provide an 427 individual taxpayer identification number. 428 (3)(a)Employees of each district unit under s. 1001.30, 429 special district units under s. 1011.24, the Florida School for 430 the Deaf and the Blind under s. 1002.36, the Florida Virtual 431 School under s. 1002.37, virtual instruction programs under s. 432 1002.45, charter schools under s. 1002.33, hope operators under 433 s. 1002.333, private schools participating in an educational 434 scholarship program established pursuant to chapter 1002, and 435 alternative schools under s. 1008.341 must be rescreened in 436 compliance with the following schedule: 437 1.Employees for whom the last screening was conducted on 438 or before June 30, 2021 2019, must be rescreened by June 30, 439 2025 2024. 440 2.Employees for whom the last screening was conducted 441 between July 1, 2021 2019, and June 30, 2022 2021, must be 442 rescreened by June 30, 2026 2025. 443 3.Employees for whom the last screening was conducted 444 between July 1, 2022 2021, and December 31, 2023 2022, must be 445 rescreened by June 30, 2027 2026. 446 Section 5.Paragraph (a) of subsection (1), paragraphs (a) 447 and (b) of subsection (2), and subsection (4) of section 448 943.0438, Florida Statutes, are amended to read: 449 943.0438Athletic coaches for independent sanctioning 450 authorities. 451 (1)As used in this section, the term: 452 (a)Athletic coach means a person who: 453 1.Is authorized by an independent sanctioning authority to 454 work as a coach, assistant coach, manager, or referee for 20 or 455 more hours within a calendar year, whether for compensation or 456 as a volunteer, for a youth athletic team based in this state; 457 and 458 2.Has direct contact with one or more minors on the youth 459 athletic team. 460 (2)An independent sanctioning authority shall: 461 (a)1.Conduct a level 2 1 background screening under s. 462 435.04 pursuant to s. 435.03 of each current and prospective 463 athletic coach. The authority may not delegate this 464 responsibility to an individual team and may not authorize any 465 person to act as an athletic coach unless a level 2 1 background 466 screening is conducted and does not result in disqualification 467 under paragraph (b). Level 1 background screenings shall be 468 conducted annually for each athletic coach. For purposes of this 469 section, a background screening shall include a search of the 470 athletic coachs name or other identifying information against 471 state and federal registries of sexual predators and sexual 472 offenders, which are available to the public on Internet sites 473 provided by: 474 a.The Department of Law Enforcement under s. 943.043; and 475 b.The Attorney General of the United States under 42 476 U.S.C. s. 16920. 477 2.For purposes of this section, a background screening 478 conducted by a commercial consumer reporting agency in 479 compliance with the federal Fair Credit Reporting Act using the 480 identifying information referenced in subparagraph 1. that 481 includes a level 1 background screening and a search of that 482 information against the sexual predator and sexual offender 483 Internet sites listed in sub-subparagraphs 1.a. and b. shall be 484 deemed to satisfy the requirements of this paragraph. 485 (b)1.Before January 1, 2026, or a later date as determined 486 by the Agency for Health Care Administration for the 487 participation of qualified entities in the Care Provider 488 Background Screening Clearinghouse under s. 435.12, disqualify 489 any person from acting as an athletic coach as provided in s. 490 435.04 s. 435.03 or if he or she is identified on a registry 491 described in paragraph (a). The authority may allow a person 492 disqualified under this subparagraph paragraph to act as an 493 athletic coach if it determines that the person meets the 494 requirements for an exemption from disqualification under s. 495 435.07. 496 2.On or after January 1, 2026, or a later date as 497 determined by the Agency for Health Care Administration, not 498 allow any person to act as an athletic coach if he or she does 499 not pass the background screening qualifications in s. 435.04. 500 The authority may allow a person disqualified under this 501 subparagraph to act as an athletic coach if the person has 502 successfully completed the exemption from the disqualification 503 process under s. 435.07. 504 (4)The Legislature encourages Independent sanctioning 505 authorities for youth athletic teams must to participate in the 506 Volunteer and Employee Criminal History System, as authorized by 507 the National Child Protection Act of 1993 and s. 943.0542. 508 Section 6.Paragraph (h) of subsection (2) of section 509 943.05, Florida Statutes, is amended, and paragraph (i) is added 510 to that subsection, to read: 511 943.05Criminal Justice Information Program; duties; crime 512 reports. 513 (2)The program shall: 514 (h)For each specified agency, as defined in s. 435.02, 515 each qualified entity participating in the Care Provider 516 Background Screening Clearinghouse under s. 435.12, or any other 517 agency or qualified entity that officially requests retention of 518 fingerprints or for which retention is otherwise required by 519 law, search all arrest fingerprint submissions received under s. 520 943.051 against the fingerprints retained in the statewide 521 automated biometric identification system under paragraph (g). 522 1.Any arrest record that is identified with the retained 523 fingerprints of a person subject to background screening as 524 provided in paragraph (g) must shall be reported to the 525 appropriate agency or qualified entity. 526 2.To participate in this search process, agencies or 527 qualified entities must notify each person fingerprinted that 528 his or her fingerprints will be retained, pay an annual fee to 529 the department unless otherwise provided by law, and inform the 530 department of any change in the affiliation, employment, or 531 contractual status of each person whose fingerprints are 532 retained under paragraph (g) if such change removes or 533 eliminates the agency or qualified entitys basis or need for 534 receiving reports of any arrest of that person, so that the 535 agency or qualified entity is not obligated to pay the upcoming 536 annual fee for the retention and searching of that persons 537 fingerprints to the department. The department shall adopt a 538 rule setting the amount of the annual fee to be imposed upon 539 each participating agency or qualified entity for performing 540 these searches and establishing the procedures for the retention 541 of fingerprints and the dissemination of search results. The fee 542 may be borne by the agency, qualified entity, or person subject 543 to fingerprint retention or as otherwise provided by law. 544 Consistent with the recognition of criminal justice agencies 545 expressed in s. 943.053(3), these services must shall be 546 provided to criminal justice agencies for criminal justice 547 purposes free of charge. Qualified entities that elect to 548 participate in the fingerprint retention and search process are 549 required to timely remit the fee to the department by a payment 550 mechanism approved by the department. If requested by the 551 qualified entity, and with the approval of the department, such 552 fees may be timely remitted to the department by a qualified 553 entity upon receipt of an invoice for such fees from the 554 department. Failure of a qualified entity to pay the amount due 555 on a timely basis or as invoiced by the department may result in 556 the refusal by the department to permit the qualified entity to 557 continue to participate in the fingerprint retention and search 558 process until all fees due and owing are paid. 559 3.Agencies that participate in the fingerprint retention 560 and search process may adopt rules pursuant to ss. 120.536(1) 561 and 120.54 to require employers to keep the agency informed of 562 any change in the affiliation, employment, or contractual status 563 of each person whose fingerprints are retained under paragraph 564 (g) if such change removes or eliminates the agencys basis or 565 need for receiving reports of any arrest of that person, so that 566 the agency is not obligated to pay the upcoming annual fee for 567 the retention and searching of that persons fingerprints to the 568 department. 569 (i)Develop, for federal approval, a method for identifying 570 or verifying a person through automated biometrics. 571 Section 7.Subsections (2) through (6) of section 943.0542, 572 Florida Statutes, are amended to read: 573 943.0542Access to criminal history information provided by 574 the department to qualified entities. 575 (2)(a)A qualified entity conducting background criminal 576 history checks under this section must: 577 1.Register with the department before submitting a request 578 for screening under this section. Each such request must be 579 voluntary and conform to the requirements established in the 580 National Child Protection Act of 1993, as amended. As a part of 581 the registration, the qualified entity must agree to comply with 582 state and federal law and must so indicate by signing an 583 agreement approved by the department. The department shall may 584 periodically audit qualified entities to ensure compliance with 585 federal law and this section. 586 2.Before January 1, 2026, or a later date as determined by 587 the Agency for Health Care Administration, 588 (b) A qualified entity shall submit to the department, and 589 effective January 1, 2026, or a later date as determined by the 590 Agency for Health Care Administration, submit to the agency a 591 request for screening an employee or volunteer or person 592 applying to be an employee or volunteer by submitting 593 fingerprints, or the request may be submitted electronically. 594 The qualified entity must maintain a signed waiver allowing the 595 release of the state and national criminal history record 596 information to the qualified entity. 597 (b)(c)Each such request for screening must be accompanied 598 by payment of a fee for a statewide criminal history check by 599 the department established by s. 943.053, plus the amount 600 currently prescribed by the Federal Bureau of Investigation for 601 the national criminal history check in compliance with the 602 National Child Protection Act of 1993, as amended. Payments must 603 be made in the manner prescribed by the department or agency by 604 rule. 605 (c)(d)Any current or prospective employee or volunteer who 606 is subject to a request for screening must indicate to the 607 qualified entity submitting the request the name and address of 608 each qualified entity that has submitted a previous request for 609 screening regarding that employee or volunteer. 610 (d)Effective January 1, 2026, or a later date as 611 determined by the Agency for Health Care Administration, a 612 qualified entity initiating a background criminal history check 613 under this section must comply with s. 435.12, and all 614 fingerprints received pursuant to this section must be entered 615 into the clearinghouse as provided in s. 435.12. 616 (3)Through December 31, 2025, or a later date as 617 determined by the Agency for Health Care Administration, the 618 department shall provide directly to the qualified entity the 619 state criminal history records that are not exempt from 620 disclosure under chapter 119 or otherwise confidential under 621 law. A person who is the subject of a state criminal history 622 record may challenge the record only as provided in s. 943.056. 623 Effective January 1, 2026, or a later date as determined by the 624 Agency for Health Care Administration, the Care Provider 625 Background Screening Clearinghouse may provide such records to 626 the qualified entity only if the person challenges the record as 627 provided in this subsection. 628 (4)The national criminal history data is available to 629 qualified entities to use only for the purpose of screening 630 employees and volunteers or persons applying to be an employee 631 or volunteer with a qualified entity. Through December 31, 2026, 632 or a later date as determined by the Agency for Health Care 633 Administration, the department shall provide this national 634 criminal history record information directly to the qualified 635 entity as authorized by the written waiver required for 636 submission of a request to the department. Effective January 1, 637 2026, or a later date as determined by the Agency for Health 638 Care Administration, the Care Provider Background Screening 639 Clearinghouse may provide such record information to the 640 qualified entity only if the person requests an exemption from 641 the qualified entity under s. 435.07. 642 (5)The entity making the determination regarding screening 643 shall apply the criteria under s. 435.04(2) to the state and 644 national criminal history record information received from the 645 department for those persons subject to screening. The 646 determination whether the criminal history record shows that the 647 employee or volunteer has not been arrested for and is awaiting 648 final disposition of, regardless of adjudication, or entered a 649 plea of nolo contendere or guilty to, or has been adjudicated 650 delinquent and the record has not been sealed or expunged for, 651 any offense listed under s. 435.02(2) convicted of or is under 652 pending indictment for any crime that bears upon the fitness of 653 the employee or volunteer to have responsibility for the safety 654 and well-being of children, the elderly, or disabled persons 655 shall solely be made by the qualified entity through December 656 31, 2025, or a later date as determined by the Agency for Health 657 Care Administration. Beginning January 1, 2026, or a later date 658 as determined by the Agency for Health Care Administration, the 659 Agency for Health Care Administration shall determine the 660 eligibility of the employee or volunteer of a qualified entity. 661 This section does not require the department to make such a 662 determination on behalf of any qualified entity. 663 (6)The qualified entity or, effective January 1, 2026, or 664 a later date as determined by the Agency for Health Care 665 Administration, the Care Provider Background Screening 666 Clearinghouse must notify in writing the person of his or her 667 right to obtain a copy of any background screening report, 668 including the criminal history records, if any, contained in the 669 report, and of the persons right to challenge the accuracy and 670 completeness of any information contained in any such report and 671 to obtain a determination as to the validity of such challenge 672 before a final determination regarding the person is made by the 673 qualified entity reviewing the criminal history information. A 674 qualified entity that is required by law to apply screening 675 criteria, including any right to contest or request an exemption 676 from disqualification, shall apply such screening criteria to 677 the state and national criminal history record information 678 received from the department for those persons subject to the 679 required screening. 680 Section 8.Section 1012.315, Florida Statutes, is amended 681 to read: 682 1012.315Screening standards.A person is ineligible for 683 educator certification or employment in any position that 684 requires direct contact with students in a district school 685 system, a charter school, or a private school that participates 686 in a state scholarship program under chapter 1002 if the person: 687 (1)Is on the disqualification list maintained by the 688 department under pursuant to s. 1001.10(4)(b);, 689 (2)Is registered as a sex offender as described in 42 690 U.S.C. s. 9858f(c)(1)(C);, 691 (3)Is ineligible based on a security background 692 investigation under s. 435.04(2). Beginning January 1, 2025, or 693 a later date as determined by the Agency for Health Care 694 Administration, the Agency for Health Care Administration shall 695 determine the eligibility of employees in any position that 696 requires direct contact with students in a district school 697 system, a charter school, or a private school that participates 698 in a state scholarship program under chapter 1002; 699 (4)Would be ineligible for an exemption under s. 700 435.07(4)(c); or, or has been convicted or found guilty of, has 701 had adjudication withheld for, or has pled guilty or nolo 702 contendere to: 703 (1)Any felony offense prohibited under any of the 704 following statutes: 705 (a)Section 393.135, relating to sexual misconduct with 706 certain developmentally disabled clients and reporting of such 707 sexual misconduct. 708 (b)Section 394.4593, relating to sexual misconduct with 709 certain mental health patients and reporting of such sexual 710 misconduct. 711 (c)Section 415.111, relating to adult abuse, neglect, or 712 exploitation of aged persons or disabled adults. 713 (d)Section 782.04, relating to murder. 714 (e)Section 782.07, relating to manslaughter; aggravated 715 manslaughter of an elderly person or disabled adult; aggravated 716 manslaughter of a child; or aggravated manslaughter of an 717 officer, a firefighter, an emergency medical technician, or a 718 paramedic. 719 (f)Section 784.021, relating to aggravated assault. 720 (g)Section 784.045, relating to aggravated battery. 721 (h)Section 784.075, relating to battery on a detention or 722 commitment facility staff member or a juvenile probation 723 officer. 724 (i)Section 787.01, relating to kidnapping. 725 (j)Section 787.02, relating to false imprisonment. 726 (k)Section 787.025, relating to luring or enticing a 727 child. 728 (l)Section 787.04(2), relating to leading, taking, 729 enticing, or removing a minor beyond the state limits, or 730 concealing the location of a minor, with criminal intent pending 731 custody proceedings. 732 (m)Section 787.04(3), relating to leading, taking, 733 enticing, or removing a minor beyond the state limits, or 734 concealing the location of a minor, with criminal intent pending 735 dependency proceedings or proceedings concerning alleged abuse 736 or neglect of a minor. 737 (n)Section 790.115(1), relating to exhibiting firearms or 738 weapons at a school-sponsored event, on school property, or 739 within 1,000 feet of a school. 740 (o)Section 790.115(2)(b), relating to possessing an 741 electric weapon or device, destructive device, or other weapon 742 at a school-sponsored event or on school property. 743 (p)Section 794.011, relating to sexual battery. 744 (q)Former s. 794.041, relating to sexual activity with or 745 solicitation of a child by a person in familial or custodial 746 authority. 747 (r)Section 794.05, relating to unlawful sexual activity 748 with certain minors. 749 (s)Section 794.08, relating to female genital mutilation. 750 (t)Chapter 796, relating to prostitution. 751 (u)Chapter 800, relating to lewdness and indecent 752 exposure. 753 (v)Section 800.101, relating to offenses against students 754 by authority figures. 755 (w)Section 806.01, relating to arson. 756 (x)Section 810.14, relating to voyeurism. 757 (y)Section 810.145, relating to video voyeurism. 758 (z)Section 812.014(6), relating to coordinating the 759 commission of theft in excess of $3,000. 760 (aa)Section 812.0145, relating to theft from persons 65 761 years of age or older. 762 (bb)Section 812.019, relating to dealing in stolen 763 property. 764 (cc)Section 812.13, relating to robbery. 765 (dd)Section 812.131, relating to robbery by sudden 766 snatching. 767 (ee)Section 812.133, relating to carjacking. 768 (ff)Section 812.135, relating to home-invasion robbery. 769 (gg)Section 817.563, relating to fraudulent sale of 770 controlled substances. 771 (hh)Section 825.102, relating to abuse, aggravated abuse, 772 or neglect of an elderly person or disabled adult. 773 (ii)Section 825.103, relating to exploitation of an 774 elderly person or disabled adult. 775 (jj)Section 825.1025, relating to lewd or lascivious 776 offenses committed upon or in the presence of an elderly person 777 or disabled person. 778 (kk)Section 826.04, relating to incest. 779 (ll)Section 827.03, relating to child abuse, aggravated 780 child abuse, or neglect of a child. 781 (mm)Section 827.04, relating to contributing to the 782 delinquency or dependency of a child. 783 (nn)Section 827.071, relating to sexual performance by a 784 child. 785 (oo)Section 843.01, relating to resisting arrest with 786 violence. 787 (pp)Chapter 847, relating to obscenity. 788 (qq)Section 874.05, relating to causing, encouraging, 789 soliciting, or recruiting another to join a criminal street 790 gang. 791 (rr)Chapter 893, relating to drug abuse prevention and 792 control, if the offense was a felony of the second degree or 793 greater severity. 794 (ss)Section 916.1075, relating to sexual misconduct with 795 certain forensic clients and reporting of such sexual 796 misconduct. 797 (tt)Section 944.47, relating to introduction, removal, or 798 possession of contraband at a correctional facility. 799 (uu)Section 985.701, relating to sexual misconduct in 800 juvenile justice programs. 801 (vv)Section 985.711, relating to introduction, removal, or 802 possession of contraband at a juvenile detention facility or 803 commitment program. 804 (2)Any misdemeanor offense prohibited under any of the 805 following statutes: 806 (a)Section 784.03, relating to battery, if the victim of 807 the offense was a minor. 808 (b)Section 787.025, relating to luring or enticing a 809 child. 810 (5)(3)Has been convicted or found guilty of, has had 811 adjudication withheld for, or has pled guilty or nolo contendere 812 to: 813 (a)Any criminal act committed in another state or under 814 federal law which, if committed in this state, constitutes a 815 disqualifying an offense prohibited under any statute listed in 816 s. 435.04(2) subsection (1) or subsection (2). 817 (b)(4)Any delinquent act committed in this state or any 818 delinquent or criminal act committed in another state or under 819 federal law which, if committed in this state, qualifies an 820 individual for inclusion on the Registered Juvenile Sex Offender 821 List under s. 943.0435(1)(h)1.d. 822 Section 9.Paragraph (a) of subsection (2) and paragraph 823 (a) of subsection (7) of section 1012.467, Florida Statutes, are 824 amended to read: 825 1012.467Noninstructional contractors who are permitted 826 access to school grounds when students are present; background 827 screening requirements. 828 (2)(a)A fingerprint-based criminal history check must 829 shall be performed on each noninstructional contractor who is 830 permitted access to school grounds when students are present, 831 whose performance of the contract with the school or school 832 board is not anticipated to result in direct contact with 833 students, and for whom any unanticipated contact would be 834 infrequent and incidental using the process described in s. 835 1012.32(3). The results of each criminal history check must 836 shall be reported to the school district in which the individual 837 is seeking access and entered into the shared system described 838 in subsection (7). The school district shall screen the results 839 using the disqualifying offenses in paragraph (b). Beginning 840 January 1, 2025, or a later date as determined by the Agency for 841 Health Care Administration, the Agency for Health Care 842 Administration shall determine the eligibility of a 843 noninstructional contractor. The cost of the criminal history 844 check may be borne by the district school board, the school, or 845 the contractor. 846 (7)(a)The Department of Law Enforcement shall implement a 847 system that allows for the results of a criminal history check 848 provided to a school district to be shared with other school 849 districts through a secure Internet website or other secure 850 electronic means. School districts must accept reciprocity of 851 level 2 screenings for Florida High School Athletic Association 852 officials. Beginning January 1, 2025, or a later date as 853 determined by the Agency for Health Care Administration, the 854 background screening must be conducted through the Care Provider 855 Background Screening Clearinghouse under s. 435.12. 856 Section 10.Paragraph (a) of subsection (10) of section 857 1012.56, Florida Statutes, is amended to read: 858 1012.56Educator certification requirements. 859 (10)BACKGROUND SCREENING REQUIRED, INITIALLY AND 860 PERIODICALLY. 861 (a)Each person who seeks certification under this chapter 862 must be fingerprinted and screened in accordance with s. 1012.32 863 and must not be ineligible for such certification under s. 864 1012.315. A person who has been screened in accordance with s. 865 1012.32 by a district school board or the Department of 866 Education within 12 months before the date the person initially 867 obtains certification under this chapter, the results of which 868 are submitted to the district school board or to the Department 869 of Education, is not required to repeat the screening under this 870 paragraph. Beginning January 1, 2025, or a later date as 871 determined by the Agency for Health Care Administration, the 872 background screening must be conducted through the Care Provider 873 Background Screening Clearinghouse under s. 435.12. 874 Section 11.(1)Sections 1001.10, 1001.42, 1001.51, 875 1002.33, 1002.333, 1002.421, 1012.32, 1012.56, 1012.795, and 876 1012.796, Florida Statutes, are reenacted for the purpose of 877 incorporating the amendments made by this act to s. 1012.315, 878 Florida Statutes, in references thereto. 879 (2)Section 1012.468, Florida Statutes, is reenacted for 880 the purpose of incorporating the amendments made by this act to 881 s. 1012.467, Florida Statutes, in a reference thereto. 882 Section 12.The changes made to s. 435.12, Florida 883 Statutes, by this act must be implemented by January 1, 2025, or 884 a later date as determined by the Agency for Health Care 885 Administration. 886 Section 13.(1)For the 2023-2024 fiscal year, the sums of 887 $400,000 in recurring funds from the Health Care Trust Fund and 888 $4 million in nonrecurring funds from the Health Care Trust Fund 889 are appropriated to the Agency for Health Care Administration. 890 (2)This section shall take effect July 1, 2023. 891 Section 14.Except as otherwise expressly provided in this 892 act and except for this section, which shall take effect upon 893 this act becoming a law, this act shall take effect July 1, 894 2024.