Florida Senate - 2022 SB 1830
By Senator Brodeur
9-01530-22 20221830__
1 A bill to be entitled
2 An act relating to background screenings; amending s.
3 435.02, F.S.; revising the definition of the term
4 “specified agency”; amending s. 435.04, F.S.; deleting
5 obsolete language; amending s. 435.12, F.S.;
6 conforming a cross-reference; deleting obsolete
7 language; amending s. 943.0438, F.S.; requiring
8 independent sanctioning authorities to conduct level 2
9 instead of level 1 background screenings of current
10 and prospective athletic coaches; requiring certain
11 athletic coaches to be rescreened every 5 years
12 following the date of their most recent background
13 screening or exemption; providing an exception;
14 conforming provisions to changes made by the act;
15 amending s. 943.05, F.S.; requiring the Criminal
16 Justice Information Program to develop a method for
17 establishing direct identification in a certain
18 manner; requiring the program to retain certain
19 information without the need for an official written
20 request; requiring the program to search all arrest
21 fingerprint submissions without the need for a
22 request; amending s. 943.0542, F.S.; requiring, rather
23 than authorizing, the Department of Law Enforcement to
24 periodically audit qualified entities; requiring
25 certain entities to use the Care Provider Background
26 Screening Clearinghouse for screening an employee or a
27 volunteer; requiring a certain signed waiver to
28 include a specified statement; requiring the
29 clearinghouse to provide certain information directly
30 to qualified entities; deleting a requirement for the
31 Department of Law Enforcement to provide national
32 criminal history data directly to qualified entities;
33 prohibiting a qualified entity from employing or
34 allowing a volunteer under specified circumstances;
35 requiring the Department of Law Enforcement to design
36 a compliance decal that meets specified requirements;
37 requiring qualified entities to comply with certain
38 provisions of law; authorizing the Department of Law
39 Enforcement to issue a fine of a specified minimum
40 amount for noncompliance; amending s. 1012.32, F.S.;
41 requiring certain fingerprints to be submitted to the
42 clearinghouse; deleting a requirement that district
43 school boards reimburse charter schools for the cost
44 of background screenings under certain circumstances;
45 requiring the clearinghouse to notify certain school
46 districts of any arrest records that are identified
47 with the retained fingerprints of certain individuals;
48 conforming provisions to changes made by the act;
49 amending s. 1012.465, F.S.; requiring school districts
50 to make a certain request through the clearinghouse;
51 amending s. 1012.467, F.S.; requiring certain
52 information to be filed or submitted through the
53 clearinghouse; authorizing school districts to
54 participate in a certain search process by using the
55 clearinghouse and paying any applicable annual fee to
56 the Agency for Health Care Administration and the
57 Department of Law Enforcement; conforming provisions
58 to changes made by the act; amending s. 1012.56, F.S.;
59 requiring school districts to make certain requests
60 through the clearinghouse; amending ss. 381.986,
61 381.988, 408.809, 456.0135, 494.00312, 494.00321,
62 494.00611, 496.4101, 559.555, 560.141, and 581.217,
63 F.S.; conforming cross-references; providing an
64 effective date.
65
66 Be It Enacted by the Legislature of the State of Florida:
67
68 Section 1. Subsection (5) of section 435.02, Florida
69 Statutes, is amended to read:
70 435.02 Definitions.—For the purposes of this chapter, the
71 term:
72 (5) “Specified agency” means the Department of Health, the
73 Department of Children and Families, the Department of
74 Education, the Division of Vocational Rehabilitation within the
75 Department of Education, the Agency for Health Care
76 Administration, the Department of Elderly Affairs, the
77 Department of Juvenile Justice, the Agency for Persons with
78 Disabilities, regional workforce boards providing services as
79 defined in s. 445.002(3), each district unit pursuant to s.
80 1001.30, special district units pursuant to s. 1011.24, the
81 Florida School for the Deaf and the Blind pursuant to s.
82 1002.36, the Florida Virtual School pursuant to s. 1002.37,
83 virtual instruction programs pursuant to s. 1002.45, charter
84 schools pursuant to s. 1002.33, a School of Hope operator
85 pursuant to s. 1002.333, early learning coalitions pursuant to
86 s. 1002.83, a qualified entity pursuant to s. 943.0542(1), and
87 local licensing agencies approved pursuant to s. 402.307, when
88 these agencies are conducting state and national criminal
89 history background screening on persons who work with children
90 or persons who are elderly or disabled.
91 Section 2. Paragraphs (b) and (d) of subsection (1) of
92 section 435.04, Florida Statutes, are amended to read:
93 435.04 Level 2 screening standards.—
94 (1)
95 (b) Fingerprints submitted pursuant to this section on or
96 after July 1, 2012, must be submitted electronically to the
97 Department of Law Enforcement.
98 (d) An agency may require by rule that fingerprints
99 submitted pursuant to this section must be submitted
100 electronically to the Department of Law Enforcement on a date
101 earlier than July 1, 2012.
102 Section 3. Paragraph (a) of subsection (2) and subsection
103 (3) of section 435.12, Florida Statutes, are amended to read:
104 435.12 Care Provider Background Screening Clearinghouse.—
105 (2)(a) To ensure that the information in the clearinghouse
106 is current, the fingerprints of an employee required to be
107 screened by a specified agency and included in the clearinghouse
108 must be:
109 1. Retained by the Department of Law Enforcement pursuant
110 to s. 943.05(2)(h) and (i) and (3) s. 943.05(2)(g) and (h) and
111 (3), and the Department of Law Enforcement must report the
112 results of searching those fingerprints against state incoming
113 arrest fingerprint submissions to the Agency for Health Care
114 Administration for inclusion in the clearinghouse.
115 2. Retained by the Federal Bureau of Investigation in the
116 national retained print arrest notification program as soon as
117 the Department of Law Enforcement begins participation in such
118 program. Arrest prints will be searched against retained prints
119 at the Federal Bureau of Investigation and notification of
120 arrests will be forwarded to the Florida Department of Law
121 Enforcement and reported to the Agency for Health Care
122 Administration for inclusion in the clearinghouse.
123 3. Resubmitted for a Federal Bureau of Investigation
124 national criminal history check every 5 years until such time as
125 the fingerprints are retained by the Federal Bureau of
126 Investigation.
127 4. Subject to retention on a 5-year renewal basis with fees
128 collected at the time of initial submission or resubmission of
129 fingerprints.
130 5. Submitted with a photograph of the person taken at the
131 time the fingerprints are submitted.
132 (3) An employee who has undergone a fingerprint-based
133 criminal history check by a specified agency before the
134 clearinghouse is operational is not required to be checked again
135 solely for the purpose of entry in the clearinghouse. Every
136 employee who is or will become subject to fingerprint-based
137 criminal history checks to be eligible to be licensed, have
138 their license renewed, or meet screening or rescreening
139 requirements by a specified agency once the specified agency
140 participates in the clearinghouse shall be subject to the
141 requirements of this section with respect to entry of records in
142 the clearinghouse and retention of fingerprints for reporting
143 the results of searching against state incoming arrest
144 fingerprint submissions.
145 Section 4. Paragraphs (a) and (b) of subsection (2) of
146 section 943.0438, Florida Statutes, are amended to read:
147 943.0438 Athletic coaches for independent sanctioning
148 authorities.—
149 (2) An independent sanctioning authority shall:
150 (a)1. Conduct a level 2 1 background screening pursuant to
151 s. 435.04 s. 435.03 of each current and prospective athletic
152 coach. The authority may not delegate this responsibility to an
153 individual team and may not authorize any person to act as an
154 athletic coach unless a level 2 1 background screening is
155 conducted and does not result in disqualification under s.
156 435.04(2) paragraph (b). Level 1 background screenings shall be
157 conducted annually for each athletic coach. For purposes of this
158 section, a background screening shall include a search of the
159 athletic coach’s name or other identifying information against
160 state and federal registries of sexual predators and sexual
161 offenders, which are available to the public on Internet sites
162 provided by:
163 a. The Department of Law Enforcement under s. 943.043; and
164 b. The Attorney General of the United States under 42
165 U.S.C. s. 16920.
166 2. For purposes of this section, an athletic coach who is
167 required to be screened according to the level 2 screening
168 standards contained in s. 435.04 pursuant to this section shall
169 be rescreened every 5 years following the date of his or her
170 most recent background screening or exemption, unless such
171 individual’s fingerprints are continuously retained and
172 monitored by the Department of Law Enforcement in the federal
173 fingerprint retention program according to the procedures
174 specified in s. 943.05 a background screening conducted by a
175 commercial consumer reporting agency in compliance with the
176 federal Fair Credit Reporting Act using the identifying
177 information referenced in subparagraph 1. that includes a level
178 1 background screening and a search of that information against
179 the sexual predator and sexual offender Internet sites listed in
180 sub-subparagraphs 1.a. and b. shall be deemed to satisfy the
181 requirements of this paragraph.
182 (b) Disqualify any person from acting as an athletic coach
183 as provided in s. 435.04 s. 435.03 or if he or she is identified
184 on a registry described in paragraph (a). The authority may
185 allow a person disqualified under this paragraph to act as an
186 athletic coach if it determines that the person meets the
187 requirements for an exemption from disqualification under s.
188 435.07.
189 Section 5. Present paragraphs (g) and (h) of subsection (2)
190 of section 943.05, Florida Statutes, are redesignated as
191 paragraphs (h) and (i), respectively, a new paragraph (g) is
192 added to that subsection, and present paragraphs (g) and (h) of
193 that subsection and subsection (4) of that section are amended,
194 to read:
195 943.05 Criminal Justice Information Program; duties; crime
196 reports.—
197 (2) The program shall:
198 (g) Develop a method for establishing direct identification
199 through automated biometrics, which may include, but is not
200 limited to, the use of latent fingerprints, palm prints, facial
201 recognition, or retina scans.
202 (h)(g) Upon official written request, and subject to the
203 department having sufficient funds and equipment to participate
204 in such a request, from the agency executive director or
205 secretary or from his or her designee, or from qualified
206 entities participating in the volunteer and employee criminal
207 history screening system under s. 943.0542, or as otherwise
208 required by law, Retain fingerprints submitted by criminal and
209 noncriminal justice agencies to the department for a criminal
210 history background screening as provided by rule and enter the
211 fingerprints in the statewide automated biometric identification
212 system authorized by paragraph (b). Such fingerprints shall
213 thereafter be available for all purposes and uses authorized for
214 arrest fingerprint submissions entered into the statewide
215 automated biometric identification system pursuant to s.
216 943.051.
217 (i)(h) For each agency or qualified entity that officially
218 requests retention of fingerprints or for which retention is
219 otherwise required by law, Search all arrest fingerprint
220 submissions received under s. 943.051 against the fingerprints
221 retained in the statewide automated biometric identification
222 system under paragraph (h) (g).
223 1. Any arrest record that is identified with the retained
224 fingerprints of a person subject to background screening as
225 provided in paragraph (h) (g) shall be reported to the
226 appropriate agency or qualified entity.
227 2. To participate in this search process, agencies or
228 qualified entities must notify each person fingerprinted that
229 his or her fingerprints will be retained, pay an annual fee to
230 the department unless otherwise provided by law, and inform the
231 department of any change in the affiliation, employment, or
232 contractual status of each person whose fingerprints are
233 retained under paragraph (h) (g) if such change removes or
234 eliminates the agency or qualified entity’s basis or need for
235 receiving reports of any arrest of that person, so that the
236 agency or qualified entity is not obligated to pay the upcoming
237 annual fee for the retention and searching of that person’s
238 fingerprints to the department. The department shall adopt a
239 rule setting the amount of the annual fee to be imposed upon
240 each participating agency or qualified entity for performing
241 these searches and establishing the procedures for the retention
242 of fingerprints and the dissemination of search results. The fee
243 may be borne by the agency, qualified entity, or person subject
244 to fingerprint retention or as otherwise provided by law.
245 Consistent with the recognition of criminal justice agencies
246 expressed in s. 943.053(3), these services shall be provided to
247 criminal justice agencies for criminal justice purposes free of
248 charge. Qualified entities that elect to participate in the
249 fingerprint retention and search process are required to timely
250 remit the fee to the department by a payment mechanism approved
251 by the department. If requested by the qualified entity, and
252 with the approval of the department, such fees may be timely
253 remitted to the department by a qualified entity upon receipt of
254 an invoice for such fees from the department. Failure of a
255 qualified entity to pay the amount due on a timely basis or as
256 invoiced by the department may result in the refusal by the
257 department to permit the qualified entity to continue to
258 participate in the fingerprint retention and search process
259 until all fees due and owing are paid.
260 3. Agencies that participate in the fingerprint retention
261 and search process may adopt rules pursuant to ss. 120.536(1)
262 and 120.54 to require employers to keep the agency informed of
263 any change in the affiliation, employment, or contractual status
264 of each person whose fingerprints are retained under paragraph
265 (h) (g) if such change removes or eliminates the agency’s basis
266 or need for receiving reports of any arrest of that person, so
267 that the agency is not obligated to pay the upcoming annual fee
268 for the retention and searching of that person’s fingerprints to
269 the department.
270 (4) Upon notification that a federal fingerprint retention
271 program is in effect, and subject to the department being funded
272 and equipped to participate in such a program, the department
273 shall, if state and national criminal history records checks and
274 retention of submitted prints are authorized or required by law,
275 retain the fingerprints as provided in paragraphs (2)(h) and (i)
276 (2)(g) and (h) and advise the Federal Bureau of Investigation to
277 retain the fingerprints at the national level for searching
278 against arrest fingerprint submissions received at the national
279 level.
280 Section 6. Present subsections (8) and (9) of section
281 943.0542, Florida Statutes, are redesignated as subsections (9)
282 and (10), respectively, a new subsection (8) is added to that
283 section, and paragraphs (a), (b), and (d) of subsection (2) and
284 subsections (3), (4), (5), and (7) of that section are amended,
285 to read:
286 943.0542 Access to criminal history information provided by
287 the department to qualified entities.—
288 (2)(a) A qualified entity must register with the department
289 before submitting a request for screening under this section.
290 Each such request must be voluntary and conform to the
291 requirements established in the National Child Protection Act of
292 1993, as amended. As a part of the registration, the qualified
293 entity must agree to comply with state and federal law and must
294 so indicate by signing an agreement approved by the department.
295 The department shall may periodically audit qualified entities
296 to ensure compliance with federal law and this section.
297 (b) A qualified entity shall use the Care Provider
298 Background Screening Clearinghouse under s. 435.12 submit to the
299 department a request for screening an employee or volunteer or
300 person applying to be an employee or volunteer by submitting
301 fingerprints, or the request may be submitted electronically.
302 The qualified entity must maintain a signed waiver allowing the
303 release of the state and national criminal history record
304 information to the qualified entity. The waiver must include a
305 statement that the qualifying entity understands that the
306 department will retain the fingerprints of the criminal history
307 background screening of each employee or volunteer as provided
308 by rule and enter the fingerprints in the statewide automated
309 biometric identification system established in s. 943.05(2)(b).
310 (d) Any current or prospective employee or volunteer who is
311 subject to a request for screening must indicate to the
312 qualified entity submitting the request the name and address of
313 each qualified entity that has submitted a previous request for
314 screening regarding that employee or volunteer.
315 (3) The clearinghouse department shall provide directly to
316 the qualified entity the state criminal history records that are
317 not exempt from disclosure under chapter 119 or otherwise
318 confidential under law. A person who is the subject of a state
319 criminal history record may challenge the record only as
320 provided in s. 943.056.
321 (4) The national criminal history data is available to
322 qualified entities to use only for the purpose of screening
323 employees and volunteers or persons applying to be an employee
324 or volunteer with a qualified entity. The department shall
325 provide this national criminal history record information
326 directly to the qualified entity as authorized by the written
327 waiver required for submission of a request to the department.
328 (5) The determination whether the criminal history record
329 shows that the employee or volunteer has been convicted of or is
330 under pending indictment for any crime that bears upon the
331 fitness of the employee or volunteer to have responsibility for
332 the safety and well-being of children, the elderly, or disabled
333 persons shall solely be made by the qualified entity, except
334 that a qualified entity may not employ or allow a volunteer
335 whose criminal history record disqualifies them under s.
336 435.04(2) and (3). This section does not require the department
337 to make such a determination on behalf of any qualified entity.
338 (7) The department shall design an annually dated
339 compliance decal that must be sent to each qualified entity
340 registered with the department to be displayed by each qualified
341 entity in a place easily accessible to the general public may
342 establish a database of registered qualified entities and make
343 this data available free of charge to all registered qualified
344 entities. The database must include, at a minimum, the name,
345 address, and phone number of each qualified entity.
346 (8) Qualified entities shall comply with this section.
347 Failure to comply may result in the department issuing a minimum
348 fine of $1,000 per instance of noncompliance.
349 Section 7. Subsection (2) and paragraphs (b) and (c) of
350 subsection (3) of section 1012.32, Florida Statutes, are amended
351 to read:
352 1012.32 Qualifications of personnel.—
353 (2)(a) Instructional and noninstructional personnel who are
354 hired or contracted to fill positions that require direct
355 contact with students in any district school system or
356 university lab school must, upon employment or engagement to
357 provide services, undergo background screening as required under
358 s. 1012.465 or s. 1012.56, whichever is applicable.
359 (b)1. Instructional and noninstructional personnel who are
360 hired or contracted to fill positions in a charter school other
361 than a school of hope as defined in s. 1002.333, and members of
362 the governing board of such charter school, in compliance with
363 s. 1002.33(12)(g), upon employment, engagement of services, or
364 appointment, shall undergo background screening as required
365 under s. 1012.465 or s. 1012.56, whichever is applicable, by
366 filing with the district school board for the school district in
367 which the charter school is located a complete set of
368 fingerprints taken by an authorized law enforcement agency or an
369 employee of the school or school district who is trained to take
370 fingerprints.
371 2. Instructional and noninstructional personnel who are
372 hired or contracted to fill positions in a school of hope as
373 defined in s. 1002.333, and members of the governing board of
374 such school of hope, shall file with the school of hope a
375 complete set of fingerprints taken by an authorized law
376 enforcement agency, by an employee of the school of hope or
377 school district who is trained to take fingerprints, or by any
378 other entity recognized by the Department of Law Enforcement to
379 take fingerprints.
380 (c) Instructional and noninstructional personnel who are
381 hired or contracted to fill positions that require direct
382 contact with students in an alternative school that operates
383 under contract with a district school system must, upon
384 employment or engagement to provide services, undergo background
385 screening as required under s. 1012.465 or s. 1012.56, whichever
386 is applicable, by filing with the district school board for the
387 school district to which the alternative school is under
388 contract a complete set of fingerprints taken by an authorized
389 law enforcement agency or an employee of the school or school
390 district who is trained to take fingerprints.
391 (d) Student teachers and persons participating in a field
392 experience pursuant to s. 1004.04(5) or s. 1004.85 in any
393 district school system, lab school, or charter school must, upon
394 engagement to provide services, undergo background screening as
395 required under s. 1012.56.
396
397 Required fingerprints must be submitted to the Care Provider
398 Background Screening Clearinghouse under s. 435.12, to the
399 Department of Law Enforcement for statewide criminal and
400 juvenile records checks, and to the Federal Bureau of
401 Investigation for federal criminal records checks. A person
402 subject to this subsection who is found ineligible for
403 employment under s. 435.04(2) and (3) or s. 1012.315, or
404 otherwise found through background screening to have been
405 convicted of any crime involving moral turpitude as defined by
406 rule of the State Board of Education, may shall not be employed,
407 engaged to provide services, or serve in any position that
408 requires direct contact with students. Probationary persons
409 subject to this subsection terminated because of their criminal
410 record have the right to appeal such decisions. The cost of the
411 background screening may be borne by the district school board,
412 the charter school, the employee, the contractor, or a person
413 subject to this subsection. A district school board shall
414 reimburse a charter school the cost of background screening if
415 it does not notify the charter school of the eligibility of a
416 governing board member or instructional or noninstructional
417 personnel within the earlier of 14 days after receipt of the
418 background screening results from the Florida Department of Law
419 Enforcement or 30 days of submission of fingerprints by the
420 governing board member or instructional or noninstructional
421 personnel.
422 (3)
423 (b) The Department of Law Enforcement shall search all
424 arrest fingerprints received under s. 943.051 against the
425 fingerprints retained in the statewide automated biometric
426 identification system under paragraph (a). Any arrest record
427 that is identified with the retained fingerprints of a person
428 subject to the background screening under this section shall be
429 reported to the employing or contracting school district or the
430 school district with which the person is affiliated through an
431 alert from the clearinghouse. Each school district is required
432 to participate in this search process by payment of an annual
433 fee to the Department of Law Enforcement and by informing the
434 Department of Law Enforcement of any change in the affiliation,
435 employment, or contractual status or place of affiliation,
436 employment, or contracting of its instructional and
437 noninstructional personnel whose fingerprints are retained under
438 paragraph (a) through the clearinghouse. The Department of Law
439 Enforcement shall adopt a rule setting the amount of the annual
440 fee to be imposed upon each school district for performing these
441 searches and establishing the procedures for the retention of
442 instructional and noninstructional personnel fingerprints and
443 the dissemination of search results. The fee may be borne by the
444 district school board, the contractor, or the person
445 fingerprinted.
446 (c) Personnel whose fingerprints are not retained by the
447 Department of Law Enforcement under paragraphs (a) and (b) must
448 be refingerprinted and rescreened in accordance with subsection
449 (2) upon reemployment or reengagement to provide services in
450 order to comply with the requirements of this subsection.
451 Section 8. Subsection (2) of section 1012.465, Florida
452 Statutes, is amended to read:
453 1012.465 Background screening requirements for certain
454 noninstructional school district employees and contractors.—
455 (2) Every 5 years following employment or entry into a
456 contract in a capacity described in subsection (1), each person
457 who is so employed or under contract with the school district
458 must meet level 2 screening requirements as described in s.
459 1012.32, at which time the school district shall request through
460 the Care Provider Background Screening Clearinghouse under s.
461 435.12 the Department of Law Enforcement to forward the
462 fingerprints to the Federal Bureau of Investigation for the
463 level 2 screening. If, for any reason following employment or
464 entry into a contract in a capacity described in subsection (1),
465 the fingerprints of a person who is so employed or under
466 contract with the school district are not retained by the
467 Department of Law Enforcement under s. 1012.32(3)(a) and (b),
468 the person must file a complete set of fingerprints with the
469 district school superintendent of the employing or contracting
470 school district through the clearinghouse. Upon submission of
471 fingerprints for this purpose, the school district shall request
472 the Department of Law Enforcement to forward the fingerprints to
473 the Federal Bureau of Investigation for the level 2 screening,
474 and the fingerprints shall be retained by the Department of Law
475 Enforcement under s. 1012.32(3)(a) and (b). The cost of the
476 state and federal criminal history check required by level 2
477 screening may be borne by the district school board, the
478 contractor, or the person fingerprinted. Under penalty of
479 perjury, each person who is employed or under contract in a
480 capacity described in subsection (1) must agree to inform his or
481 her employer or the party with whom he or she is under contract
482 within 48 hours if convicted of any disqualifying offense while
483 he or she is employed or under contract in that capacity.
484 Section 9. Paragraphs (a), (b), (d), and (e) of subsection
485 (2), subsections (3) through (6), and paragraph (a) of
486 subsection (7) of section 1012.467, Florida Statutes, are
487 amended to read:
488 1012.467 Noninstructional contractors who are permitted
489 access to school grounds when students are present; background
490 screening requirements.—
491 (2)(a) A fingerprint-based criminal history check shall be
492 performed on each noninstructional contractor who is permitted
493 access to school grounds when students are present, whose
494 performance of the contract with the school or school board is
495 not anticipated to result in direct contact with students, and
496 for whom any unanticipated contact would be infrequent and
497 incidental. Criminal history checks shall be performed at least
498 once every 5 years. For the initial criminal history check, each
499 noninstructional contractor who is subject to the criminal
500 history check shall file with the Department of Law Enforcement
501 through the Care Provider Background Screening Clearinghouse
502 under s. 435.12 a complete set of fingerprints taken by an
503 authorized law enforcement agency or an employee of a school
504 district, a public school, or a private company who is trained
505 to take fingerprints. The fingerprints shall be electronically
506 submitted for state processing through the clearinghouse to the
507 Department of Law Enforcement, which shall in turn submit the
508 fingerprints to the Federal Bureau of Investigation for national
509 processing. The results of each criminal history check shall be
510 reported to the school district in which the individual is
511 seeking access and entered into the shared system described in
512 subsection (7). The school district shall screen the results
513 using the disqualifying offenses in paragraph (f) (g). The cost
514 of the criminal history check may be borne by the district
515 school board, the school, or the contractor. A fee that is
516 charged by a district school board for such checks may not
517 exceed 30 percent of the total amount charged by the Department
518 of Law Enforcement and the Federal Bureau of Investigation.
519 (b) As authorized by law, the Department of Law Enforcement
520 shall retain the fingerprints submitted by the school districts
521 pursuant to this subsection to the Department of Law Enforcement
522 for a criminal history background screenings screening in a
523 manner provided by rule and enter the fingerprints in the
524 statewide automated biometric identification system authorized
525 by s. 943.05(2)(b). The fingerprints shall thereafter be
526 available for all purposes and uses authorized for arrest
527 fingerprints entered into the statewide automated biometric
528 identification system under s. 943.051.
529 (d) School districts may participate in the search process
530 described in this subsection by using the clearinghouse and
531 paying any applicable an annual fee to the Agency for Health
532 Care Administration or the Department of Law Enforcement.
533 (e) A fingerprint retained pursuant to this subsection
534 shall be purged from the automated biometric identification
535 system 5 years following the date the fingerprint was initially
536 submitted. The Department of Law Enforcement shall set the
537 amount of the annual fee to be imposed upon each participating
538 agency for performing these searches and establishing the
539 procedures for retaining fingerprints and disseminating search
540 results. The fee may be borne as provided by law. Fees may be
541 waived or reduced by the executive director of the Department of
542 Law Enforcement for good cause shown.
543 (3) If it is found that a noninstructional contractor has
544 been convicted of any of the offenses listed in paragraph (2)(f)
545 (2)(g), the individual shall be immediately suspended from
546 having access to school grounds and shall remain suspended
547 unless and until the conviction is set aside in any
548 postconviction proceeding.
549 (4) A noninstructional contractor who has been convicted of
550 any of the offenses listed in paragraph (2)(f) (2)(g) may not be
551 permitted on school grounds when students are present unless the
552 contractor has received a full pardon or has had his or her
553 civil rights restored. A noninstructional contractor who is
554 present on school grounds in violation of this subsection
555 commits a felony of the third degree, punishable as provided in
556 s. 775.082 or s. 775.083.
557 (5) If a school district has reasonable cause to believe
558 that grounds exist for the denial of a contractor’s access to
559 school grounds when students are present, it shall notify the
560 contractor in writing, stating the specific record that
561 indicates noncompliance with the standards set forth in this
562 section. It is the responsibility of the affected contractor to
563 contest his or her denial. The only basis for contesting the
564 denial is proof of mistaken identity or that an offense from
565 another jurisdiction is not disqualifying under paragraph (2)(f)
566 (2)(g).
567 (6) Each contractor who is subject to the requirements of
568 this section shall agree to inform his or her employer or the
569 party to whom he or she is under contract and the school
570 district within 48 hours if he or she is arrested for any of the
571 disqualifying offenses in paragraph (2)(f) (2)(g). A contractor
572 who willfully fails to comply with this subsection commits a
573 felony of the third degree, punishable as provided in s. 775.082
574 or s. 775.083. If the employer of a contractor or the party to
575 whom the contractor is under contract knows the contractor has
576 been arrested for any of the disqualifying offenses in paragraph
577 (2)(f) (2)(g) and authorizes the contractor to be present on
578 school grounds when students are present, such employer or such
579 party commits a felony of the third degree, punishable as
580 provided in s. 775.082 or s. 775.083.
581 (7)(a) The clearinghouse must allow Department of Law
582 Enforcement shall implement a system that allows for the results
583 of a criminal history check provided to a school district to be
584 shared with other school districts through a secure Internet
585 website or other secure electronic means. School districts must
586 accept reciprocity of level 2 screenings for Florida High School
587 Athletic Association officials.
588 Section 10. Paragraph (b) of subsection (10) of section
589 1012.56, Florida Statutes, is amended to read:
590 1012.56 Educator certification requirements.—
591 (10) BACKGROUND SCREENING REQUIRED, INITIALLY AND
592 PERIODICALLY.—
593 (b) A person may not receive a certificate under this
594 chapter until the person’s screening under s. 1012.32 is
595 completed and the results have been submitted to the Department
596 of Education or to the district school superintendent of the
597 school district that employs the person. Every 5 years after
598 obtaining initial certification, each person who is required to
599 be certified under this chapter must be rescreened in accordance
600 with s. 1012.32, at which time the school district shall,
601 through the Care Provider Background Screening Clearinghouse
602 under s. 435.12, request the Department of Law Enforcement to
603 forward the fingerprints to the Federal Bureau of Investigation
604 for federal criminal records checks. If, for any reason after
605 obtaining initial certification, the fingerprints of a person
606 who is required to be certified under this chapter are not
607 retained by the Department of Law Enforcement under s.
608 1012.32(3)(a) and (b), the person must file a complete set of
609 fingerprints with the district school superintendent of the
610 employing school district. Upon submission of fingerprints for
611 this purpose, the school district shall use the clearinghouse to
612 request the Department of Law Enforcement to forward the
613 fingerprints to the Federal Bureau of Investigation for federal
614 criminal records checks, and the fingerprints shall be retained
615 by the Department of Law Enforcement under s. 1012.32(3)(a) and
616 (b). The cost of the state and federal criminal history checks
617 required by paragraph (a) and this paragraph may be borne by the
618 district school board or the employee. Under penalty of perjury,
619 each person who is certified under this chapter must agree to
620 inform his or her employer within 48 hours if convicted of any
621 disqualifying offense while he or she is employed in a position
622 for which such certification is required.
623 Section 11. Paragraph (c) of subsection (9) of section
624 381.986, Florida Statutes, is amended to read:
625 381.986 Medical use of marijuana.—
626 (9) BACKGROUND SCREENING.—An individual required to undergo
627 a background screening pursuant to this section must pass a
628 level 2 background screening as provided under chapter 435,
629 which, in addition to the disqualifying offenses provided in s.
630 435.04, shall exclude an individual who has an arrest awaiting
631 final disposition for, has been found guilty of, regardless of
632 adjudication, or has entered a plea of nolo contendere or guilty
633 to an offense under chapter 837, chapter 895, or chapter 896 or
634 similar law of another jurisdiction.
635 (c) Fingerprints submitted to the Department of Law
636 Enforcement pursuant to this subsection shall be retained by the
637 Department of Law Enforcement as provided in s. 943.05(2)(h) and
638 (i) s. 943.05(2)(g) and (h) and, when the Department of Law
639 Enforcement begins participation in the program, enrolled in the
640 Federal Bureau of Investigation’s national retained print arrest
641 notification program. Any arrest record identified shall be
642 reported to the department.
643 Section 12. Paragraph (d) of subsection (1) of section
644 381.988, Florida Statutes, is amended to read:
645 381.988 Medical marijuana testing laboratories; marijuana
646 tests conducted by a certified laboratory.—
647 (1) A person or entity seeking to be a certified marijuana
648 testing laboratory must:
649 (d) Require all owners and managers to submit to and pass a
650 level 2 background screening pursuant to s. 435.04 and shall
651 deny certification if the person or entity has been found guilty
652 of, or has entered a plea of guilty or nolo contendere to,
653 regardless of adjudication, any offense listed in chapter 837,
654 chapter 895, or chapter 896 or similar law of another
655 jurisdiction.
656 1. Such owners and managers must submit a full set of
657 fingerprints to the department or to a vendor, entity, or agency
658 authorized by s. 943.053(13). The department, vendor, entity, or
659 agency shall forward the fingerprints to the Department of Law
660 Enforcement for state processing, and the Department of Law
661 Enforcement shall forward the fingerprints to the Federal Bureau
662 of Investigation for national processing.
663 2. Fees for state and federal fingerprint processing and
664 retention shall be borne by such owners or managers. The state
665 cost for fingerprint processing shall be as provided in s.
666 943.053(3)(e) for records provided to persons or entities other
667 than those specified as exceptions therein.
668 3. Fingerprints submitted to the Department of Law
669 Enforcement pursuant to this paragraph shall be retained by the
670 Department of Law Enforcement as provided in s. 943.05(2)(h) and
671 (i) s. 943.05(2)(g) and (h) and, when the Department of Law
672 Enforcement begins participation in the program, enrolled in the
673 Federal Bureau of Investigation’s national retained print arrest
674 notification program. Any arrest record identified shall be
675 reported to the department.
676 Section 13. Subsection (2) of section 408.809, Florida
677 Statutes, is amended to read:
678 408.809 Background screening; prohibited offenses.—
679 (2) Every 5 years following his or her licensure,
680 employment, or entry into a contract in a capacity that under
681 subsection (1) would require level 2 background screening under
682 chapter 435, each such person must submit to level 2 background
683 rescreening as a condition of retaining such license or
684 continuing in such employment or contractual status. For any
685 such rescreening, the agency shall request the Department of Law
686 Enforcement to forward the person’s fingerprints to the Federal
687 Bureau of Investigation for a national criminal history record
688 check unless the person’s fingerprints are enrolled in the
689 Federal Bureau of Investigation’s national retained print arrest
690 notification program. If the fingerprints of such a person are
691 not retained by the Department of Law Enforcement under s.
692 943.05(2)(h) and (i) s. 943.05(2)(g) and (h), the person must
693 submit fingerprints electronically to the Department of Law
694 Enforcement for state processing, and the Department of Law
695 Enforcement shall forward the fingerprints to the Federal Bureau
696 of Investigation for a national criminal history record check.
697 The fingerprints shall be retained by the Department of Law
698 Enforcement under s. 943.05(2)(h) and (i) s. 943.05(2)(g) and
699 (h) and enrolled in the national retained print arrest
700 notification program when the Department of Law Enforcement
701 begins participation in the program. The cost of the state and
702 national criminal history records checks required by level 2
703 screening may be borne by the licensee or the person
704 fingerprinted. The agency may accept as satisfying the
705 requirements of this section proof of compliance with level 2
706 screening standards submitted within the previous 5 years to
707 meet any provider or professional licensure requirements of the
708 Department of Financial Services for an applicant for a
709 certificate of authority or provisional certificate of authority
710 to operate a continuing care retirement community under chapter
711 651, provided that:
712 (a) The screening standards and disqualifying offenses for
713 the prior screening are equivalent to those specified in s.
714 435.04 and this section;
715 (b) The person subject to screening has not had a break in
716 service from a position that requires level 2 screening for more
717 than 90 days; and
718 (c) Such proof is accompanied, under penalty of perjury, by
719 an attestation of compliance with chapter 435 and this section
720 using forms provided by the agency.
721 Section 14. Subsection (2) of section 456.0135, Florida
722 Statutes, is amended to read:
723 456.0135 General background screening provisions.—
724 (2) All fingerprints submitted to the Department of Law
725 Enforcement as required under subsection (1) shall be retained
726 by the Department of Law Enforcement as provided under s.
727 943.05(2)(h) and (i) and (3) s. 943.05(2)(g) and (h) and (3) and
728 enrolled in the national retained print arrest notification
729 program at the Federal Bureau of Investigation when the
730 Department of Law Enforcement begins participation in the
731 program. The department shall notify the Department of Law
732 Enforcement regarding any person whose fingerprints have been
733 retained but who is no longer licensed.
734 Section 15. Paragraph (f) of subsection (2) of section
735 494.00312, Florida Statutes, is amended to read:
736 494.00312 Loan originator license.—
737 (2) In order to apply for a loan originator license, an
738 applicant must:
739 (f) Submit fingerprints in accordance with rules adopted by
740 the commission:
741 1. The fingerprints may be submitted to the registry, the
742 office, or a vendor acting on behalf of the registry or the
743 office.
744 2. The office may contract with a third-party vendor to
745 provide live-scan fingerprinting.
746 3. A state criminal history background check must be
747 conducted through the Department of Law Enforcement, and a
748 federal criminal history background check must be conducted
749 through the Federal Bureau of Investigation.
750 4. All fingerprints submitted to the Department of Law
751 Enforcement must be submitted electronically and entered into
752 the statewide automated biometric identification system
753 established in s. 943.05(2)(b) and available for use in
754 accordance with s. 943.05(2)(h) and (i) s. 943.05(2)(g) and (h).
755 The office shall pay an annual fee to the department to
756 participate in the system and inform the department of any
757 person whose fingerprints are no longer required to be retained.
758 5. The costs of fingerprint processing, including the cost
759 of retaining the fingerprints, shall be borne by the person
760 subject to the background check.
761 6. The office is responsible for reviewing the results of
762 the state and federal criminal history checks and determining
763 whether the applicant meets licensure requirements.
764 Section 16. Paragraph (d) of subsection (2) of section
765 494.00321, Florida Statutes, is amended to read:
766 494.00321 Mortgage broker license.—
767 (2) In order to apply for a mortgage broker license, an
768 applicant must:
769 (d) Submit fingerprints for each of the applicant’s control
770 persons in accordance with rules adopted by the commission:
771 1. The fingerprints may be submitted to the registry, the
772 office, or a vendor acting on behalf of the registry or the
773 office.
774 2. The office may contract with a third-party vendor to
775 provide live-scan fingerprinting.
776 3. A state criminal history background check must be
777 conducted through the Department of Law Enforcement, and a
778 federal criminal history background check must be conducted
779 through the Federal Bureau of Investigation.
780 4. All fingerprints submitted to the Department of Law
781 Enforcement must be submitted electronically and entered into
782 the statewide automated biometric identification system
783 established in s. 943.05(2)(b) and available for use in
784 accordance with s. 943.05(2)(h) and (i) s. 943.05(2)(g) and (h).
785 The office shall pay an annual fee to the department to
786 participate in the system and inform the department of any
787 person whose fingerprints are no longer required to be retained.
788 5. The costs of fingerprint processing, including the cost
789 of retaining the fingerprints, shall be borne by the person
790 subject to the background check.
791 6. The office is responsible for reviewing the results of
792 the state and federal criminal history checks and determining
793 whether the applicant meets licensure requirements.
794 Section 17. Paragraph (d) of subsection (2) of section
795 494.00611, Florida Statutes, is amended to read:
796 494.00611 Mortgage lender license.—
797 (2) In order to apply for a mortgage lender license, an
798 applicant must:
799 (d) Submit fingerprints for each of the applicant’s control
800 persons in accordance with rules adopted by the commission:
801 1. The fingerprints may be submitted to the registry, the
802 office, or a vendor acting on behalf of the registry or the
803 office.
804 2. The office may contract with a third-party vendor to
805 provide live-scan fingerprinting.
806 3. A state criminal history background check must be
807 conducted through the Department of Law Enforcement, and a
808 federal criminal history background check must be conducted
809 through the Federal Bureau of Investigation.
810 4. All fingerprints submitted to the Department of Law
811 Enforcement must be submitted electronically and entered into
812 the statewide automated biometric identification system
813 established in s. 943.05(2)(b) and available for use in
814 accordance with s. 943.05(2)(h) and (i) s. 943.05(2)(g) and (h).
815 The office shall pay an annual fee to the department to
816 participate in the system and inform the department of any
817 person whose fingerprints are no longer required to be retained.
818 5. The costs of fingerprint processing, including the cost
819 of retaining the fingerprints, shall be borne by the person
820 subject to the background check.
821 6. The office is responsible for reviewing the results of
822 the state and federal criminal history checks and determining
823 whether the applicant meets licensure requirements.
824 Section 18. Paragraph (c) of subsection (3) of section
825 496.4101, Florida Statutes, is amended to read:
826 496.4101 Licensure of professional solicitors and certain
827 employees thereof.—
828 (3)
829 (c) All fingerprints submitted to the Department of Law
830 Enforcement as required under this subsection shall be retained
831 by the Department of Law Enforcement as provided under s.
832 943.05(2)(h) and (i) s. 943.05(2)(g) and (h) and enrolled in the
833 Federal Bureau of Investigation’s national retained print arrest
834 notification program. Fingerprints shall not be enrolled in the
835 national retained print arrest notification program until the
836 Department of Law Enforcement begins participation with the
837 Federal Bureau of Investigation. Arrest fingerprints will be
838 searched against the retained prints by the Department of Law
839 Enforcement and the Federal Bureau of Investigation.
840 Section 19. Paragraph (c) of subsection (2) of section
841 559.555, Florida Statutes, is amended to read:
842 559.555 Registration of consumer collection agencies;
843 procedure.—
844 (2) In order to apply for a consumer collection agency
845 registration, an applicant must:
846 (c) Submit fingerprints for each of the applicant’s control
847 persons in accordance with rules adopted by the commission.
848 1. The fingerprints may be submitted through a third-party
849 vendor authorized by the Department of Law Enforcement to
850 provide live-scan fingerprinting.
851 2. A state criminal history background check must be
852 conducted through the Department of Law Enforcement, and a
853 national criminal history background check must be conducted
854 through the Federal Bureau of Investigation.
855 3. All fingerprints submitted to the Department of Law
856 Enforcement must be submitted electronically and entered into
857 the statewide automated biometric identification system
858 established in s. 943.05(2)(b) and available for use in
859 accordance with s. 943.05(2)(h) and (i) s. 943.05(2)(g) and (h).
860 The office shall pay an annual fee to the Department of Law
861 Enforcement to participate in the system and inform the
862 Department of Law Enforcement of any person whose fingerprints
863 are no longer required to be retained.
864 4. The costs of fingerprint processing, including the cost
865 of retaining the fingerprints, shall be borne by the person
866 subject to the background check.
867 5. The office is responsible for reviewing the results of
868 the state and national criminal history background checks and
869 determining whether the applicant meets registration
870 requirements.
871 Section 20. Paragraph (c) of subsection (1) of section
872 560.141, Florida Statutes, is amended to read:
873 560.141 License application.—
874 (1) To apply for a license as a money services business
875 under this chapter, the applicant must submit:
876 (c) Fingerprints for each person listed in subparagraph
877 (a)3. for live-scan processing in accordance with rules adopted
878 by the commission.
879 1. The fingerprints may be submitted through a third-party
880 vendor authorized by the Department of Law Enforcement to
881 provide live-scan fingerprinting.
882 2. The Department of Law Enforcement must conduct the state
883 criminal history background check, and a federal criminal
884 history background check must be conducted through the Federal
885 Bureau of Investigation.
886 3. All fingerprints submitted to the Department of Law
887 Enforcement must be submitted electronically and entered into
888 the statewide automated fingerprint identification system
889 established in s. 943.05(2)(b) and available for use in
890 accordance with s. 943.05(2)(h) and (i) s. 943.05(2)(g) and (h).
891 The office shall pay an annual fee to the Department of Law
892 Enforcement to participate in the system and shall inform the
893 Department of Law Enforcement of any person whose fingerprints
894 no longer must be retained.
895 4. The costs of fingerprint processing, including the cost
896 of retaining the fingerprints, shall be borne by the person
897 subject to the background check.
898 5. The office shall review the results of the state and
899 federal criminal history background checks and determine whether
900 the applicant meets licensure requirements.
901 6. For purposes of this paragraph, fingerprints are not
902 required to be submitted if the applicant is a publicly traded
903 corporation or is exempted from this chapter under s.
904 560.104(1). The term “publicly traded” means a stock is
905 currently traded on a national securities exchange registered
906 with the federal Securities and Exchange Commission or traded on
907 an exchange in a country other than the United States regulated
908 by a regulator equivalent to the Securities and Exchange
909 Commission and the disclosure and reporting requirements of such
910 regulator are substantially similar to those of the commission.
911 7. Licensees initially approved before October 1, 2013, who
912 are seeking renewal must submit fingerprints for each person
913 listed in subparagraph (a)3. for live-scan processing pursuant
914 to this paragraph. Such fingerprints must be submitted before
915 renewing a license that is scheduled to expire between April 30,
916 2014, and December 31, 2015.
917 Section 21. Paragraph (b) of subsection (5) of section
918 581.217, Florida Statutes, is amended to read:
919 581.217 State hemp program.—
920 (5) LICENSURE.—
921 (b) A person seeking to cultivate hemp must apply to the
922 department for a license on a form prescribed by the department
923 and must submit a full set of fingerprints to the department
924 along with the application.
925 1. The department shall forward the fingerprints to the
926 Department of Law Enforcement for state processing, and the
927 Department of Law Enforcement shall forward the fingerprints to
928 the Federal Bureau of Investigation for national processing.
929 2. Fingerprints submitted to the Department of Law
930 Enforcement pursuant to this paragraph must be retained by the
931 Department of Law Enforcement as provided in s. 943.05(2)(h) and
932 (i) s. 943.05(2)(g) and (h) and must be retained as provided in
933 s. 943.05(4) when the Department of Law Enforcement begins
934 participation in the Federal Bureau of Investigation’s national
935 retained fingerprint arrest notification program.
936 3. Any arrest record identified shall be reported to the
937 department.
938 Section 22. This act shall take effect July 1, 2023.