STORAGE NAME: h0431.HFS
DATE: 3/3/2025
1
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: HB 431
TITLE: Background Screening of Athletic Coaches
SPONSOR(S): Trabulsy
COMPANION BILL: None
LINKED BILLS: None
RELATED BILLS: None
Committee References
Health Care Facilities & Systems
Criminal Justice
Health & Human Services
SUMMARY
Effect of the Bill:
HB 431 extends the deadline for youth athletic team coaches providing coaching services for an independent
sanctioning authority to undergo a Level 2 background screening from January 1, 2025 to July 1, 2026.
Fiscal or Economic Impact:
None.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
Beginning January 1, 2025, current law requires independent sanctioning authorities to conduct Level 2
background screening on all current and prospective youth athletic team coaches and prohibits independent
sanctioning authorities from authorizing any person who has committed a disqualifying offense to work as an
athletic coach, unless that person qualifies for an exemption.
HB 431 extends the implementation of this Level 2 background screening requirement from January 1, 2025 to July
1, 2026. This allows independent sanctioning authorities to continue operations without being required to conduct
Level 2 background screenings of each current and prospective athletic coach as a condition of employment until
July 1, 2026. (Section 1).
The bill provides an effective date of July 1, 2025. (Section 2).
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Youth Athletic Team Coaches
An independent sanctioning authority is a private, nongovernmental entity that organizes, operates, or
coordinates a youth athletic team that includes at least one minor and is not affiliated with a private school.
1 An
athletic coach is a person authorized by such an independent sanctioning authority to work as a coach, assistant
coach, or referee, for compensation or as a volunteer, for a youth athletic team and has direct contact with one or
more minors on the youth athletic team.
2
1 See, s. 1002.01(3), F.S., for the definition of “private school.”
2 S. 943.0438(1), F.S. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
As of January 1, 2025, independent sanctioning authorities are required to conduct a Level 2 background screening
for each current and prospective athletic coach.
3 An independent sanctioning authority may not authorize a person
to act as a coach unless they have undergone a Level 2 background screening and are not disqualified due to
criminal history.
4
Criminal Background Screening
Certain professions and employment settings are subject to criminal background screening and licensure or
employment disqualification for certain past criminal offenses to protect vulnerable persons. Chapter 435, F.S.,
establishes procedures for criminal history background screening of prospective employees and outlines the
screening requirements. There are two levels of background screening: Level 1 and Level 2.
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,
5 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.
6
Level 2: Screening includes, at a minimum, fingerprinting for statewide, national, and local criminal history
records checks through FDLE, the Federal Bureau of Investigation (FBI), and local law enforcement
agencies, as well as searches of sexual predator and sexual offender registries of any state in which the
prospective employee lived during the preceding five years.
7
Disqualifying Offenses
Individuals subject to Level 2 background screening are disqualified from certain employment and licensure if that
have been arrested for and are awaiting final disposition of, been found guilty of regardless of adjudication,
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 60 offenses, or similar offenses in another jurisdiction:
Section 39.205, F.S., relating to the failure to report child abuse, abandonment, or neglect.
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 414.39, F.S., relating to fraud, if the offense was a felony.
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.
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.
3 S. 943.0438(2), F.S.; Before January 1, 2025, an independent sanctioning authority was required to conduct a Level 1 background screening
including a search of the applicant or coach’s name or other identifying information against state and federal registries of sexual predators
and sexual offenders for each current and prospective athletic coach.
4 S. 943.0438, F.S.
5 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. Available at www.nsopw.gov (last visited February 26, 2025).
6 Florida Department of Law Enforcement, State of Florida Criminal History Records Check. Available at
http://www.fdle.state.fl.us/Criminal-History-Records/Florida-Checks.aspx (last visited February 26, 2025).
7 S. 435.04, F.S. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
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 787.06, F.S., relating to human trafficking.
Section 787.07, F.S., relating to human smuggling.
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 831.311, F.S., relating to the unlawful sale, manufacture, alteration, delivery, uttering, or possession
of counterfeit-resistant prescription blanks for controlled substances.
Section 836.10, F.S., relating to written or electronic threats to kill, do bodily injury, or conduct a mass
shooting or an act of terrorism.
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 859.01, F.S., relating to poisoning food or water.
Section 873.01, F.S., relating to the prohibition on the purchase or sale of human organs and tissue.
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. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
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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.
Exemptions
An individual who has been disqualified from employment due to criminal history revealed through a background
screening may apply for an exemption which would allow that individual to work despite the disqualifying offense.
The individual must demonstrate by clear and convincing evidence that they have been rehabilitated, will not
present a danger, and should not be disqualified from employment.
8 The head of the qualified entity seeking to
employ the individual, in this case the independent sanctioning authority,
9 may grant the exemption from
disqualification if all court ordered fees, fines, liens, applications, costs of prosecution, trusts, or restitution have
been paid, and either:
10
Two 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 individual 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.
Certain criminal backgrounds render a person ineligible for an exemption; a person who is considered a sexual
predator,
11 career offender,
12 or registered sexual offender
13 is not eligible for exemption.
14
Care Provider Background Screening Clearinghouse
The Care Provider Background Screening Clearinghouse (Clearinghouse) is a single statewide screening program,
administered by the Agency for Health Care Administration (AHCA), which allows for results of criminal history
checks of persons acting as covered care providers to be shared among specified agencies.
15 The Clearinghouse
allows for constant review of new criminal history information through the federal Rap Back Service,
16 which
continually matches fingerprints against new arrests or convictions that occur after the individual was originally
screened. Once a person’s screening record is in the Clearinghouse, that person may avoid the need for any future
state screens and related fees for screenings, depending on the screening agencies or organizations.
17
The Clearinghouse is authorized to share background screening results with specified agencies and qualified
entities that are conducting state and national criminal history background screening on persons who work with
children or persons who are elderly or disabled. The specified agencies currently outlined in law include:
18
AHCA;
8 S. 435.07(3), F.S.
9 See, s. 943.0438(1)(b), F.S.
10 S. 435.07, F.S.
11 S. 775.21, F.S.
12 S. 775.261, F.S.
13 S. 943.0435, F.S.
14 S. 435.07(4)(b), F.S.
15 S. 435.02, F.S.
16 The Rap Back Service is managed by the FBI’s Criminal Justice Information Services Division. For more information, see the Federal
Bureau of Investigation, Privacy Impact Assessment for the Next Generation Identification (NGI) Rap Back Service. Available at
https://www.fbi.gov/file-repository/pia-ngi-rap-back-service.pdf/view (last visited February 26, 2025).
17 Agency for Health Care Administration, Clearinghouse Renewals. Available at
https://ahca.myflorida.com/MCHQ/Central_Services/Background_Screening/Renewals.shtml (last visited February 26, 2025). Fingerprints
are retained for five years. Employers have an option to renew screenings at the end of the five-year period through a “Clearinghouse
Renewal” process which allows employee’s fingerprints to be retained without being re-fingerprinted.
18 S. 435.02, F.S. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
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Department of Health;
Department of Elderly Affairs;
Department of Juvenile Justice;
Agency for Persons with Disabilities;
Department of Education, and related entities including district units, special district units, the Florida
School for the Deaf and Blind, the Florida Virtual School, virtual instruction programs, charter schools, hope
operators, private schools participating in certain scholarship programs, and alternative schools;
Regional workforce development boards; and
Local licensing agencies responsible for licensing child care providers.
Beginning no earlier than January 1, 2026, the Clearinghouse may share results of criminal history checks with
other entities participating in the Clearinghouse, referred to as “qualified entities”.
19 These are businesses or
organizations which provide care or care placement services for children or vulnerable adults, such as a youth
athletics teams under an independent sanctioning authority.
20 A qualified entity participating in the Clearinghouse
must register and maintain the employment or affiliation status of all persons included in the Clearinghouse.
21
RECENT LEGISLATION:
YEAR BILL # HOUSE SPONSOR(S) SENATE SPONSOR OTHER INFORMATION
2024 CS/CS/HB 975 Trabulsy, Bell, Campbell Rouson Took effect on July 1, 2024.
2023 CS/SB 676 Trabulsy Grall Took effect on July 1, 2024.
BILL HISTORY
COMMITTEE REFERENCE ACTION DATE
STAFF
DIRECTOR/
POLICY CHIEF
ANALYSIS
PREPARED BY
Health Care Facilities & Systems
Subcommittee
Calamas Osborne
Criminal Justice Subcommittee
Health & Human Services
Committee
19 S. 435.12(1), F.S.
20 S. 943.0542(1), F.S.
21 S. 435.12(2), F.S.