Florida Senate - 2022 COMMITTEE AMENDMENT
Bill No. SB 1830
Ì463154#Î463154
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
02/01/2022 .
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The Committee on Criminal Justice (Brodeur) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Present subsections (2) through (6) of section
6 435.02, Florida Statutes, are redesignated as subsections (3)
7 through (7), respectively, and a new subsection (2) is added to
8 that section, to read:
9 435.02 Definitions.—For the purposes of this chapter, the
10 term:
11 (2) “Educational entities” means the Department of
12 Education, each district unit under s. 1001.30, special district
13 units under s. 1011.24, the Florida School for the Deaf and the
14 Blind under s. 1002.36, the Florida Virtual School under s.
15 1002.37, virtual instruction programs under s. 1002.45, charter
16 schools under s. 1002.33, hope operators under s. 1002.333, and
17 alternative schools under s. 1008.341.
18 Section 2. Paragraphs (b) and (d) of subsection (1) of
19 section 435.04, Florida Statutes, are amended to read:
20 435.04 Level 2 screening standards.—
21 (1)
22 (b) Fingerprints submitted pursuant to this section on or
23 after July 1, 2012, must be submitted electronically to the
24 Department of Law Enforcement.
25 (d) An agency may require by rule that fingerprints
26 submitted pursuant to this section must be submitted
27 electronically to the Department of Law Enforcement on a date
28 earlier than July 1, 2012.
29 Section 3. Section 435.12, Florida Statutes, is amended to
30 read:
31 435.12 Care Provider Background Screening Clearinghouse.—
32 (1) The Agency for Health Care Administration in
33 consultation with the Department of Law Enforcement shall create
34 a secure web-based system, which shall be known as the “Care
35 Provider Background Screening Clearinghouse” or
36 “clearinghouse.,” and which shall be implemented to the full
37 extent practicable no later than September 30, 2013, subject to
38 the specified agencies being funded and equipped to participate
39 in such program. The clearinghouse shall allow the results of
40 criminal history checks provided to the:
41 (a) Specified agencies for screening of persons qualified
42 as care providers under s. 943.0542 to be shared among the
43 specified agencies when a person has applied to volunteer, be
44 employed, be licensed, or enter into a contract that requires a
45 state and national fingerprint-based criminal history check.
46 (b) Educational entities for screening of instructional and
47 noninstructional personnel under ss. 1012.32, 1012.465, and
48 1012.56 to be shared among educational entities when a person
49 has applied to be employed, be licensed, or enter into a
50 contract that requires a state and national fingerprint-based
51 criminal history check.
52 (c) Educational entities for screening of persons under s.
53 1012.467 to be shared among educational entities when a person
54 has applied to be employed or enter into a contract that
55 requires a state and national fingerprint-based criminal history
56 check.
57 (d) Qualified entities for screening of persons qualified
58 as care providers under s. 943.0542 to be shared among the
59 qualified entities when a person has applied to volunteer, be
60 employed, or enter into a contract that requires a state and
61 national fingerprint-based criminal history check.
62 (e) Early learning coalitions for screening of persons
63 under s. 1002.55 to be shared among early learning coalitions
64 when a person has applied to be employed or enter into a
65 contract that requires a state and national fingerprint-based
66 criminal history check.
67
68 The Agency for Health Care Administration and the Department of
69 Law Enforcement may adopt rules to create forms or implement
70 procedures needed to carry out this section.
71 (2)(a) To ensure that the information in the clearinghouse
72 is current, the fingerprints of a person an employee required to
73 be screened by a specified agency and included in the
74 clearinghouse must be:
75 1. Retained by the Department of Law Enforcement pursuant
76 to s. 943.05(2)(g) and (h) and (3), and the Department of Law
77 Enforcement must report the results of searching those
78 fingerprints against state incoming arrest fingerprint
79 submissions to the Agency for Health Care Administration for
80 inclusion in the clearinghouse.
81 2. Retained by the Federal Bureau of Investigation in the
82 national retained print arrest notification program as soon as
83 the Department of Law Enforcement begins participation in such
84 program. Arrest prints will be searched against retained prints
85 at the Federal Bureau of Investigation and notification of
86 arrests will be forwarded to the Florida Department of Law
87 Enforcement and reported to the Agency for Health Care
88 Administration for inclusion in the clearinghouse.
89 3. Resubmitted for a Federal Bureau of Investigation
90 national criminal history check every 5 years until such time as
91 the fingerprints are retained by the Federal Bureau of
92 Investigation.
93 4. Subject to retention on a 5-year renewal basis with fees
94 collected at the time of initial submission or resubmission of
95 fingerprints.
96 5. Submitted with a photograph of the person taken at the
97 time the fingerprints are submitted.
98 (b) Until such time as the fingerprints are enrolled in the
99 national retained print arrest notification program at the
100 Federal Bureau of Investigation, a person included in the
101 clearinghouse an employee with a break in service of more than
102 90 days from a position that requires screening by a specified
103 agency must submit to a national screening if the person returns
104 to a position that requires screening by a specified agency.
105 (c) An employer of persons subject to screening by a
106 specified agency must register with the clearinghouse and
107 maintain the employment status of all employees within the
108 clearinghouse. Initial employment status and any changes in
109 status must be reported within 10 business days.
110 (d) An employer must register with and initiate all
111 criminal history checks through the clearinghouse before
112 referring an employee or potential employee for electronic
113 fingerprint submission to the Department of Law Enforcement. The
114 registration must include the employee’s full first name, middle
115 initial, and last name; social security number; date of birth;
116 mailing address; sex; and race. Individuals, persons,
117 applicants, and controlling interests that cannot legally obtain
118 a social security number must provide an individual taxpayer
119 identification number.
120 (3) An employee who has undergone a fingerprint-based
121 criminal history check by a specified agency before the
122 clearinghouse is operational is not required to be checked again
123 solely for the purpose of entry in the clearinghouse. Every
124 employee who is or will become subject to fingerprint-based
125 criminal history checks to be eligible to be licensed, have
126 their license renewed, or meet screening or rescreening
127 requirements by a specified agency once the specified agency
128 participates in the clearinghouse shall be subject to the
129 requirements of this section with respect to entry of records in
130 the clearinghouse and retention of fingerprints for reporting
131 the results of searching against state incoming arrest
132 fingerprint submissions.
133 Section 4. Paragraphs (a) and (b) of subsection (2) and
134 subsection (4) of section 943.0438, Florida Statutes, are
135 amended to read:
136 943.0438 Athletic coaches for independent sanctioning
137 authorities.—
138 (2) An independent sanctioning authority shall:
139 (a)1. Conduct a level 2 1 background screening pursuant to
140 s. 435.04 s. 435.03 of each current and prospective athletic
141 coach. The authority may not delegate this responsibility to an
142 individual team and may not authorize any person to act as an
143 athletic coach unless a level 2 1 background screening has been
144 is conducted and has does not resulted result in
145 disqualification under paragraph (b). Level 1 background
146 screenings shall be conducted annually for each athletic coach.
147 For purposes of this section, a background screening shall
148 include a search of the athletic coach’s name or other
149 identifying information against state and federal registries of
150 sexual predators and sexual offenders, which are available to
151 the public on Internet sites provided by:
152 a. The Department of Law Enforcement under s. 943.043; and
153 b. The Attorney General of the United States under 42
154 U.S.C. s. 16920.
155 2. For purposes of this section, a background screening
156 conducted by a commercial consumer reporting agency in
157 compliance with the federal Fair Credit Reporting Act using the
158 identifying information referenced in subparagraph 1. that
159 includes a level 1 background screening and a search of that
160 information against the sexual predator and sexual offender
161 Internet sites listed in sub-subparagraphs 1.a. and b. shall be
162 deemed to satisfy the requirements of this paragraph.
163 (b) Disqualify any person from acting as an athletic coach
164 as provided in s. 435.04 s. 435.03 or if he or she is identified
165 on a registry described in paragraph (a). The authority may
166 allow a person disqualified under this paragraph to act as an
167 athletic coach if it determines that the person meets the
168 requirements for an exemption from disqualification under s.
169 435.07; however, an exemption may not be granted for an offense
170 listed under s. 435.07(4)(c).
171 (4) The Legislature encourages Independent sanctioning
172 authorities for youth athletic teams shall to participate in the
173 Volunteer and Employee Criminal History System, as authorized by
174 the National Child Protection Act of 1993 and s. 943.0542.
175 Section 5. Paragraphs (g) and (h) of subsection (2) of
176 section 943.05, Florida Statutes, are amended, and paragraph (i)
177 is added to that subsection, to read:
178 943.05 Criminal Justice Information Program; duties; crime
179 reports.—
180 (2) The program shall:
181 (g) Upon official written request, and subject to the
182 department having sufficient funds and equipment to participate
183 in such a request, from the agency executive director or
184 secretary or from his or her designee, or from qualified
185 entities participating in the volunteer and employee criminal
186 history screening system under s. 943.0542, or as otherwise
187 required by law, Retain fingerprints submitted by criminal and
188 noncriminal justice agencies to the department for a criminal
189 history background screening as provided by rule and enter the
190 fingerprints in the statewide automated biometric identification
191 system authorized by paragraph (b). Such fingerprints shall
192 thereafter be available for all purposes and uses authorized for
193 arrest fingerprint submissions entered into the statewide
194 automated biometric identification system pursuant to s.
195 943.051.
196 (h) For each agency or qualified entity that officially
197 requests retention of fingerprints or for which retention is
198 otherwise required by law, Search all arrest fingerprint
199 submissions received under s. 943.051 against the fingerprints
200 retained in the statewide automated biometric identification
201 system under paragraph (g).
202 1. Any arrest record that is identified with the retained
203 fingerprints of a person subject to background screening as
204 provided in paragraph (g) shall be reported to the appropriate
205 agency or qualified entity.
206 2. To participate in this search process, agencies or
207 qualified entities must notify each person fingerprinted that
208 his or her fingerprints will be retained, pay an annual fee to
209 the department unless otherwise provided by law, and inform the
210 department of any change in the affiliation, employment, or
211 contractual status of each person whose fingerprints are
212 retained under paragraph (g) if such change removes or
213 eliminates the agency or qualified entity’s basis or need for
214 receiving reports of any arrest of that person, so that the
215 agency or qualified entity is not obligated to pay the upcoming
216 annual fee for the retention and searching of that person’s
217 fingerprints to the department. The department shall adopt a
218 rule setting the amount of the annual fee to be imposed upon
219 each participating agency or qualified entity for performing
220 these searches and establishing the procedures for the retention
221 of fingerprints and the dissemination of search results. The fee
222 may be borne by the agency, qualified entity, or person subject
223 to fingerprint retention or as otherwise provided by law.
224 Consistent with the recognition of criminal justice agencies
225 expressed in s. 943.053(3), these services shall be provided to
226 criminal justice agencies for criminal justice purposes free of
227 charge. Qualified entities that elect to participate in the
228 fingerprint retention and search process are required to timely
229 remit the fee to the department by a payment mechanism approved
230 by the department. If requested by the qualified entity, and
231 with the approval of the department, such fees may be timely
232 remitted to the department by a qualified entity upon receipt of
233 an invoice for such fees from the department. Failure of a
234 qualified entity to pay the amount due on a timely basis or as
235 invoiced by the department may result in the refusal by the
236 department to permit the qualified entity to continue to
237 participate in the fingerprint retention and search process
238 until all fees due and owing are paid.
239 3. Agencies that participate in the fingerprint retention
240 and search process may adopt rules pursuant to ss. 120.536(1)
241 and 120.54 to require employers to keep the agency informed of
242 any change in the affiliation, employment, or contractual status
243 of each person whose fingerprints are retained under paragraph
244 (g) if such change removes or eliminates the agency’s basis or
245 need for receiving reports of any arrest of that person, so that
246 the agency is not obligated to pay the upcoming annual fee for
247 the retention and searching of that person’s fingerprints to the
248 department.
249 (i) Develop a method for establishing identification
250 through automated biometrics, which may include, but is not
251 limited to, the use of latent fingerprints, palm prints, facial
252 recognition, or retina scans.
253 Section 6. Subsections (2) through (5) and (7) of section
254 943.0542, Florida Statutes, are amended to read:
255 943.0542 Access to criminal history information provided by
256 the department to qualified entities.—
257 (2)(a) A qualified entity must register and initiate all
258 criminal history checks through the Care Provider Background
259 Screening Clearinghouse created under s. 435.12 with the
260 department before submitting a request for screening under this
261 section. Each such request must be voluntary and conform to the
262 requirements established in the National Child Protection Act of
263 1993, as amended. As a part of the registration, the qualified
264 entity must agree to comply with state and federal law and must
265 so indicate by signing an agreement approved by the department.
266 The department shall may periodically audit qualified entities
267 to ensure compliance with federal law and this section.
268 (b) All fingerprints received under this section shall be
269 entered into the clearinghouse as provided in s. 435.12 A
270 qualified entity shall submit to the department a request for
271 screening an employee or volunteer or person applying to be an
272 employee or volunteer by submitting fingerprints, or the request
273 may be submitted electronically. The qualified entity must
274 maintain a signed waiver allowing the release of the state and
275 national criminal history record information to the qualified
276 entity. The waiver must include a statement that the department
277 shall retain the fingerprints of the criminal history background
278 screening of each employee or volunteer as provided by rule and
279 enter the fingerprints in the statewide automated biometric
280 identification method under s. 943.05(2)(i).
281 (c) Each such request must be accompanied by payment of a
282 fee for a statewide criminal history check by the department
283 established by s. 943.053, plus the amount currently prescribed
284 by the Federal Bureau of Investigation for the national criminal
285 history check in compliance with the National Child Protection
286 Act of 1993, as amended. Payments must be made in the manner
287 prescribed by the department by rule.
288 (d) Any current or prospective employee or volunteer who is
289 subject to a request for screening must indicate to the
290 qualified entity submitting the request the name and address of
291 each qualified entity that has submitted a previous request for
292 screening regarding that employee or volunteer.
293 (3) The Care Provider Background Screening Clearinghouse
294 department shall provide directly to the qualified entity the
295 state criminal history records that are not exempt from
296 disclosure under chapter 119 or otherwise confidential under
297 law. A person who is the subject of a state criminal history
298 record may challenge the record only as provided in s. 943.056.
299 (4) The national criminal history data is available to
300 qualified entities to use only for the purpose of screening
301 employees and volunteers or persons applying to be an employee
302 or volunteer with a qualified entity. The Care Provider
303 Background Screening Clearinghouse department shall provide this
304 national criminal history record information directly to the
305 qualified entity as authorized by the written waiver required
306 for submission of a request to the department.
307 (5) The determination whether the criminal history record
308 shows that the employee or volunteer has been convicted of or is
309 under pending indictment for any crime that bears upon the
310 fitness of the employee or volunteer to have responsibility for
311 the safety and well-being of children, the elderly, or disabled
312 persons shall solely be made by the qualified entity. A
313 qualified entity that provides care to children may not employ
314 or allow a volunteer who is ineligible for an exemption under s.
315 435.07(4)(c). This section does not require the department to
316 make such a determination on behalf of any qualified entity.
317 (7) The department may establish a database of registered
318 qualified entities and make this data available free of charge
319 to all registered qualified entities. The database must include,
320 at a minimum, the name, address, and phone number of each
321 qualified entity.
322 Section 7. Paragraph (g) of subsection (12) of section
323 1002.33, Florida Statutes, is amended to read:
324 1002.33 Charter schools.—
325 (12) EMPLOYEES OF CHARTER SCHOOLS.—
326 (g)1. A charter school shall employ or contract with
327 employees who have undergone background screening as provided in
328 s. 1012.32. Members of the governing board of the charter school
329 shall also undergo background screening in a manner similar to
330 that provided in s. 1012.32. An individual may not be employed
331 as an employee or contract personnel of a charter school or
332 serve as a member of a charter school governing board if the
333 individual is on the disqualification list maintained by the
334 department pursuant to s. 1001.10(4)(b).
335 2. A charter school shall prohibit educational support
336 employees, instructional personnel, and school administrators,
337 as defined in s. 1012.01, from employment in any position that
338 requires direct contact with students if the employees,
339 personnel, or administrators are ineligible for such employment
340 under s. 435.04(2) or (3) or s. 1012.315 or have been terminated
341 or have resigned in lieu of termination for sexual misconduct
342 with a student. If the prohibited conduct occurs while employed,
343 a charter school must report the individual and the
344 disqualifying circumstances to the department for inclusion on
345 the disqualification list maintained pursuant to s.
346 1001.10(4)(b).
347 3. The governing board of a charter school shall adopt
348 policies establishing standards of ethical conduct for
349 educational support employees, instructional personnel, and
350 school administrators. The policies must require all educational
351 support employees, instructional personnel, and school
352 administrators, as defined in s. 1012.01, to complete training
353 on the standards; establish the duty of educational support
354 employees, instructional personnel, and school administrators to
355 report, and procedures for reporting, alleged misconduct that
356 affects the health, safety, or welfare of a student; and include
357 an explanation of the liability protections provided under ss.
358 39.203 and 768.095. A charter school, or any of its employees,
359 may not enter into a confidentiality agreement regarding
360 terminated or dismissed educational support employees,
361 instructional personnel, or school administrators, or employees,
362 personnel, or administrators who resign in lieu of termination,
363 based in whole or in part on misconduct that affects the health,
364 safety, or welfare of a student, and may not provide employees,
365 personnel, or administrators with employment references or
366 discuss the employees’, personnel’s, or administrators’
367 performance with prospective employers in another educational
368 setting, without disclosing the employees’, personnel’s, or
369 administrators’ misconduct. Any part of an agreement or contract
370 that has the purpose or effect of concealing misconduct by
371 educational support employees, instructional personnel, or
372 school administrators which affects the health, safety, or
373 welfare of a student is void, is contrary to public policy, and
374 may not be enforced.
375 4. Before employing an individual in any position that
376 requires direct contact with students, a charter school shall
377 conduct employment history checks of each individual through use
378 of the educator screening tools described in s. 1001.10(5), and
379 document the findings. If unable to contact a previous employer,
380 the charter school must document efforts to contact the
381 employer.
382 5. The sponsor of a charter school that knowingly fails to
383 comply with this paragraph shall terminate the charter under
384 subsection (8).
385 Section 8. Subsections (2) and (3) of section 1012.32,
386 Florida Statutes, are amended to read:
387 1012.32 Qualifications of personnel.—
388 (2)(a) Instructional and noninstructional personnel who are
389 hired or contracted to fill positions that require direct
390 contact with students in any district school system or
391 university lab school must, upon employment or engagement to
392 provide services, undergo background screening as required under
393 s. 1012.465 or s. 1012.56, whichever is applicable.
394 (b)1. Instructional and noninstructional personnel who are
395 hired or contracted to fill positions in a charter school other
396 than a school of hope as defined in s. 1002.333, and members of
397 the governing board of such charter school, in compliance with
398 s. 1002.33(12)(g), upon employment, engagement of services, or
399 appointment, shall undergo background screening as required
400 under s. 1012.465 or s. 1012.56, whichever is applicable, by
401 filing with the district school board for the school district in
402 which the charter school is located a complete set of
403 fingerprints taken by an authorized law enforcement agency or an
404 employee of the school or school district who is trained to take
405 fingerprints.
406 2. Instructional and noninstructional personnel who are
407 hired or contracted to fill positions in a school of hope as
408 defined in s. 1002.333, and members of the governing board of
409 such school of hope, upon employment, engagement of services, or
410 appointment, shall undergo background screening as required
411 under s. 1012.465 or s. 1012.56, whichever is applicable file
412 with the school of hope a complete set of fingerprints taken by
413 an authorized law enforcement agency, by an employee of the
414 school of hope or school district who is trained to take
415 fingerprints, or by any other entity recognized by the
416 Department of Law Enforcement to take fingerprints.
417 (c) Instructional and noninstructional personnel who are
418 hired or contracted to fill positions that require direct
419 contact with students in an alternative school that operates
420 under contract with a district school system must, upon
421 employment or engagement to provide services, undergo background
422 screening as required under s. 1012.465 or s. 1012.56, whichever
423 is applicable, by filing with the district school board for the
424 school district to which the alternative school is under
425 contract a complete set of fingerprints taken by an authorized
426 law enforcement agency or an employee of the school or school
427 district who is trained to take fingerprints.
428 (d) Student teachers and persons participating in a field
429 experience pursuant to s. 1004.04(5) or s. 1004.85 in any
430 district school system, lab school, or charter school must, upon
431 engagement to provide services, undergo background screening as
432 required under s. 1012.56.
433
434 Required fingerprints must be submitted to the Department of Law
435 Enforcement for statewide criminal and juvenile records checks
436 and to the Federal Bureau of Investigation for federal criminal
437 records checks. A person subject to this subsection who is found
438 ineligible for employment under s. 435.04(2) or (3) or s.
439 1012.315, or otherwise found through background screening to
440 have been convicted of any crime involving moral turpitude as
441 defined by rule of the State Board of Education, shall not be
442 employed, engaged to provide services, or serve in any position
443 that requires direct contact with students. Probationary persons
444 subject to this subsection terminated because of their criminal
445 record have the right to appeal such decisions. The cost of the
446 background screening may be borne by the district school board,
447 the charter school, the employee, the contractor, or a person
448 subject to this subsection. A district school board shall
449 reimburse a charter school the cost of background screening if
450 it does not notify the charter school of the eligibility of a
451 governing board member or instructional or noninstructional
452 personnel within the earlier of 14 days after receipt of the
453 background screening results from the Florida Department of Law
454 Enforcement or 30 days of submission of fingerprints by the
455 governing board member or instructional or noninstructional
456 personnel.
457 (3) A background screening required under this chapter must
458 comply with the requirements of s. 435.12. Each educational
459 entity as defined in s. 435.02 shall register with, and initiate
460 criminal history checks through, the Care Provider Background
461 Screening Clearinghouse as provided in s. 435.12. All
462 fingerprints must be submitted through an educational entity or
463 a vendor approved by the Department of Law Enforcement. All
464 fingerprints must be submitted electronically to the Department
465 of Law Enforcement for state processing, and the Department of
466 Law Enforcement shall forward the fingerprints to the Federal
467 Bureau of Investigation for national processing. For any
468 subsequent background screening that requires a national
469 criminal history check, the Department of Law Enforcement must
470 forward the retained fingerprints of the individual to the
471 Federal Bureau of Investigation unless the fingerprints are
472 enrolled in the national retained print arrest notification
473 program. All fingerprints submitted to the Department of Law
474 Enforcement shall be retained by the Department of Law
475 Enforcement as provided under s. 943.05(2)(g) and (h) and (3)
476 and enrolled in the national retained print arrest notification
477 program at the Federal Bureau of Investigation when the
478 Department of Law Enforcement begins participation in the
479 program. The cost of the background screening may be borne by
480 the educational entity, the employee, the contractor, or a
481 person subject to background screening
482 (a) All fingerprints submitted to the Department of Law
483 Enforcement as required by subsection (2) shall be retained by
484 the Department of Law Enforcement in a manner provided by rule
485 and entered in the statewide automated biometric identification
486 system authorized by s. 943.05(2)(b). Such fingerprints shall
487 thereafter be available for all purposes and uses authorized for
488 arrest fingerprints entered in the statewide automated biometric
489 identification system pursuant to s. 943.051.
490 (b) The Department of Law Enforcement shall search all
491 arrest fingerprints received under s. 943.051 against the
492 fingerprints retained in the statewide automated biometric
493 identification system under paragraph (a). Any arrest record
494 that is identified with the retained fingerprints of a person
495 subject to the background screening under this section shall be
496 reported to the employing or contracting school district or the
497 school district with which the person is affiliated. Each school
498 district is required to participate in this search process by
499 payment of an annual fee to the Department of Law Enforcement
500 and by informing the Department of Law Enforcement of any change
501 in the affiliation, employment, or contractual status or place
502 of affiliation, employment, or contracting of its instructional
503 and noninstructional personnel whose fingerprints are retained
504 under paragraph (a). The Department of Law Enforcement shall
505 adopt a rule setting the amount of the annual fee to be imposed
506 upon each school district for performing these searches and
507 establishing the procedures for the retention of instructional
508 and noninstructional personnel fingerprints and the
509 dissemination of search results. The fee may be borne by the
510 district school board, the contractor, or the person
511 fingerprinted.
512 (c) Personnel whose fingerprints are not retained by the
513 Department of Law Enforcement under paragraphs (a) and (b) must
514 be refingerprinted and rescreened in accordance with subsection
515 (2) upon reemployment or reengagement to provide services in
516 order to comply with the requirements of this subsection.
517 Section 9. Subsections (1) and (2) of section 1012.465,
518 Florida Statutes, are amended to read:
519 1012.465 Background screening requirements for certain
520 noninstructional school district employees and contractors.—
521 (1) Except as provided in s. 1012.467 or s. 1012.468,
522 noninstructional school district employees or contractual
523 personnel who are permitted access on school grounds when
524 students are present, who have direct contact with students or
525 who have access to or control of school funds must meet level 2
526 screening requirements of chapter 435 using the process as
527 described in s. 1012.32(3) s. 1012.32. Contractual personnel
528 shall include any vendor, individual, or entity under contract
529 with a school or the school board.
530 (2) Every 5 years following employment or entry into a
531 contract in a capacity described in subsection (1), each person
532 who is so employed or under contract with the school district
533 must meet level 2 screening requirements as described in s.
534 1012.32, at which time the school district shall request the
535 Department of Law Enforcement to forward the fingerprints to the
536 Federal Bureau of Investigation for the level 2 screening. If,
537 for any reason following employment or entry into a contract in
538 a capacity described in subsection (1), the fingerprints of a
539 person who is so employed or under contract with the school
540 district are not retained by the Department of Law Enforcement
541 under s. 1012.32(3)(a) and (b), the person must file a complete
542 set of fingerprints with the district school superintendent of
543 the employing or contracting school district. Upon submission of
544 fingerprints for this purpose, the school district shall request
545 the Department of Law Enforcement to forward the fingerprints to
546 the Federal Bureau of Investigation for the level 2 screening,
547 and the fingerprints shall be retained by the Department of Law
548 Enforcement under s. 1012.32(3)(a) and (b). The cost of the
549 state and federal criminal history check required by level 2
550 screening may be borne by the district school board, the
551 contractor, or the person fingerprinted. Under penalty of
552 perjury, each person who is employed or under contract in a
553 capacity described in subsection (1) must agree to inform his or
554 her employer or the party with whom he or she is under contract
555 within 48 hours if convicted of any disqualifying offense while
556 he or she is employed or under contract in that capacity.
557 Section 10. Subsections (2) through (6) and paragraph (a)
558 of subsection (7) of section 1012.467, Florida Statutes, are
559 amended to read:
560 1012.467 Noninstructional contractors who are permitted
561 access to school grounds when students are present; background
562 screening requirements.—
563 (2)(a) A fingerprint-based criminal history check shall be
564 performed on each noninstructional contractor who is permitted
565 access to school grounds when students are present, whose
566 performance of the contract with the school or school board is
567 not anticipated to result in direct contact with students, and
568 for whom any unanticipated contact would be infrequent and
569 incidental using the process described in s. 1012.32(3).
570 Criminal history checks shall be performed at least once every 5
571 years. For the initial criminal history check, each
572 noninstructional contractor who is subject to the criminal
573 history check shall file with the Department of Law Enforcement
574 a complete set of fingerprints taken by an authorized law
575 enforcement agency or an employee of a school district, a public
576 school, or a private company who is trained to take
577 fingerprints. The fingerprints shall be electronically submitted
578 for state processing to the Department of Law Enforcement, which
579 shall in turn submit the fingerprints to the Federal Bureau of
580 Investigation for national processing. The results of each
581 criminal history check shall be reported to the school district
582 in which the individual is seeking access and entered into the
583 shared system described in subsection (7). The school district
584 shall screen the results using the disqualifying offenses in
585 paragraph (b) (g). The cost of the criminal history check may be
586 borne by the district school board, the school, or the
587 contractor. A fee that is charged by a district school board for
588 such checks may not exceed 30 percent of the total amount
589 charged by the Department of Law Enforcement and the Federal
590 Bureau of Investigation.
591 (b) As authorized by law, the Department of Law Enforcement
592 shall retain the fingerprints submitted by the school districts
593 pursuant to this subsection to the Department of Law Enforcement
594 for a criminal history background screening in a manner provided
595 by rule and enter the fingerprints in the statewide automated
596 biometric identification system authorized by s. 943.05(2)(b).
597 The fingerprints shall thereafter be available for all purposes
598 and uses authorized for arrest fingerprints entered into the
599 statewide automated biometric identification system under s.
600 943.051.
601 (c) As authorized by law, the Department of Law Enforcement
602 shall search all arrest fingerprints received under s. 943.051
603 against the fingerprints retained in the statewide automated
604 biometric identification system under paragraph (b).
605 (d) School districts may participate in the search process
606 described in this subsection by paying an annual fee to the
607 Department of Law Enforcement.
608 (e) A fingerprint retained pursuant to this subsection
609 shall be purged from the automated biometric identification
610 system 5 years following the date the fingerprint was initially
611 submitted. The Department of Law Enforcement shall set the
612 amount of the annual fee to be imposed upon each participating
613 agency for performing these searches and establishing the
614 procedures for retaining fingerprints and disseminating search
615 results. The fee may be borne as provided by law. Fees may be
616 waived or reduced by the executive director of the Department of
617 Law Enforcement for good cause shown.
618 (f) A noninstructional contractor who is subject to a
619 criminal history check under this section shall inform a school
620 district that he or she has completed a criminal history check
621 in another school district within the last 5 years. The school
622 district shall verify the results of the contractor’s criminal
623 history check using the shared system described in subsection
624 (7). The school district may not charge the contractor a fee for
625 verifying the results of his or her criminal history check.
626 (g) A noninstructional contractor for whom a criminal
627 history check is required under this section may not have been
628 convicted of any of the following offenses designated in the
629 Florida Statutes, any similar offense in another jurisdiction,
630 or any similar offense committed in this state which has been
631 redesignated from a former provision of the Florida Statutes to
632 one of the following offenses:
633 1. Any offense listed in s. 943.0435(1)(h)1., relating to
634 the registration of an individual as a sexual offender.
635 2. Section 393.135, relating to sexual misconduct with
636 certain developmentally disabled clients and the reporting of
637 such sexual misconduct.
638 3. Section 394.4593, relating to sexual misconduct with
639 certain mental health patients and the reporting of such sexual
640 misconduct.
641 4. Section 775.30, relating to terrorism.
642 5. Section 782.04, relating to murder.
643 6. Section 787.01, relating to kidnapping.
644 7. Any offense under chapter 800, relating to lewdness and
645 indecent exposure.
646 8. Section 826.04, relating to incest.
647 9. Section 827.03, relating to child abuse, aggravated
648 child abuse, or neglect of a child.
649 (3) If it is found that a noninstructional contractor has
650 been convicted of any of the offenses listed in paragraph (2)(b)
651 (2)(g), the individual shall be immediately suspended from
652 having access to school grounds and shall remain suspended
653 unless and until the conviction is set aside in any
654 postconviction proceeding.
655 (4) A noninstructional contractor who has been convicted of
656 any of the offenses listed in paragraph (2)(b) (2)(g) may not be
657 permitted on school grounds when students are present unless the
658 contractor has received a full pardon or has had his or her
659 civil rights restored. A noninstructional contractor who is
660 present on school grounds in violation of this subsection
661 commits a felony of the third degree, punishable as provided in
662 s. 775.082 or s. 775.083.
663 (5) If a school district has reasonable cause to believe
664 that grounds exist for the denial of a contractor’s access to
665 school grounds when students are present, it shall notify the
666 contractor in writing, stating the specific record that
667 indicates noncompliance with the standards set forth in this
668 section. It is the responsibility of the affected contractor to
669 contest his or her denial. The only basis for contesting the
670 denial is proof of mistaken identity or that an offense from
671 another jurisdiction is not disqualifying under paragraph (2)(b)
672 (2)(g).
673 (6) Each contractor who is subject to the requirements of
674 this section shall agree to inform his or her employer or the
675 party to whom he or she is under contract and the school
676 district within 48 hours if he or she is arrested for any of the
677 disqualifying offenses in paragraph (2)(b) (2)(g). A contractor
678 who willfully fails to comply with this subsection commits a
679 felony of the third degree, punishable as provided in s. 775.082
680 or s. 775.083. If the employer of a contractor or the party to
681 whom the contractor is under contract knows the contractor has
682 been arrested for any of the disqualifying offenses in paragraph
683 (2)(b) (2)(g) and authorizes the contractor to be present on
684 school grounds when students are present, such employer or such
685 party commits a felony of the third degree, punishable as
686 provided in s. 775.082 or s. 775.083.
687 (7)(a) The Department of Law Enforcement shall implement a
688 system that allows for the results of a criminal history check
689 shall provided to a school district to be shared among
690 educational entities under s. 435.12 with other school districts
691 through a secure Internet website or other secure electronic
692 means. School districts must accept reciprocity of level 2
693 screenings for Florida High School Athletic Association
694 officials.
695 Section 11. Paragraphs (a) and (b) of subsection (10) of
696 section 1012.56, Florida Statutes, are amended to read:
697 1012.56 Educator certification requirements.—
698 (10) BACKGROUND SCREENING REQUIRED, INITIALLY AND
699 PERIODICALLY.—
700 (a) Each person who seeks certification under this chapter
701 must be fingerprinted and screened in accordance with s. 1012.32
702 and must not be ineligible for such certification under s.
703 435.04(2) or (3) or s. 1012.315. A person who has been screened
704 in accordance with s. 1012.32 by a district school board or the
705 Department of Education within 12 months before the date the
706 person initially obtains certification under this chapter, the
707 results of which are submitted to the district school board or
708 to the Department of Education, is not required to repeat the
709 screening under this paragraph.
710 (b) A person may not receive a certificate under this
711 chapter until the person’s screening under s. 1012.32 is
712 completed and the results have been submitted to the Department
713 of Education or to the district school superintendent of the
714 school district that employs the person. Every 5 years after
715 obtaining initial certification, each person who is required to
716 be certified under this chapter must be rescreened in accordance
717 with s. 435.12 s. 1012.32, at which time the school district
718 shall request the Department of Law Enforcement to forward the
719 fingerprints to the Federal Bureau of Investigation for federal
720 criminal records checks. If, for any reason after obtaining
721 initial certification, the fingerprints of a person who is
722 required to be certified under this chapter are not retained by
723 the Department of Law Enforcement under s. 1012.32(3)(a) and
724 (b), the person must file a complete set of fingerprints with
725 the district school superintendent of the employing school
726 district. Upon submission of fingerprints for this purpose, the
727 school district shall request the Department of Law Enforcement
728 to forward the fingerprints to the Federal Bureau of
729 Investigation for federal criminal records checks, and the
730 fingerprints shall be retained by the Department of Law
731 Enforcement under s. 1012.32(3)(a) and (b). The cost of the
732 state and federal criminal history checks required by paragraph
733 (a) and this paragraph may be borne by the district school board
734 or the employee. Under penalty of perjury, each person who is
735 certified under this chapter must agree to inform his or her
736 employer within 48 hours if convicted of any disqualifying
737 offense while he or she is employed in a position for which such
738 certification is required.
739 Section 12. This act shall take effect July 1, 2023.
740
741 ================= T I T L E A M E N D M E N T ================
742 And the title is amended as follows:
743 Delete everything before the enacting clause
744 and insert:
745 A bill to be entitled
746 An act relating to background screenings; amending s.
747 435.02, F.S.; defining the term “educational
748 entities”; amending s. 435.04, F.S.; deleting obsolete
749 language; amending s. 435.12, F.S.; authorizing
750 criminal history results to be provided to and shared
751 between certain parties; providing that existing
752 retention provisions apply to persons included in the
753 Care Provider Background Screening Clearinghouse;
754 removing obsolete language; amending s. 943.0438,
755 F.S.; requiring an independent sanctioning authority
756 to conduct level 2 background screenings of current
757 and prospective athletic coaches; requiring specified
758 entities to participate in a certain criminal history
759 system; amending s. 943.05, F.S.; deleting provisions
760 concerning conditions precedent to the retention of
761 certain fingerprints; requiring the Criminal Justice
762 Information Program to develop a certain
763 identification method; amending s. 943.0542, F.S.;
764 requiring specified entities to initiate criminal
765 history checks through the clearinghouse; requiring
766 the Department of Law Enforcement to audit certain
767 entities; requiring certain fingerprints to be entered
768 into the clearinghouse; requiring a waiver to include
769 specified information; prohibiting providers of child
770 care from specified associations with certain persons;
771 deleting a requirement that the Department of Law
772 Enforcement establish a certain database; amending s.
773 1002.33, F.S.; prohibiting a charter school from
774 employing specified persons; amending s. 1012.32,
775 F.S.; revising the procedure for background
776 screenings; expanding the types of background
777 screenings used by certain schools; deleting the right
778 to appeal certain terminations; deleting provisions
779 specifying financial responsibility and reimbursement
780 for background screenings; providing requirements of
781 and procedures for background screenings; providing
782 responsibility for background screening costs;
783 amending ss. 1012.465, 1012.467, and 1012.56, F.S.;
784 conforming provisions to changes made by the act;
785 providing an effective date.