HB 0713CS

CHAMBER ACTION



1The Committee on Public Safety & Crime Prevention recommends the
2following:
3
4     Committee Substitute
5     Remove the entire bill and insert:
6
A bill to be entitled
7An act relating to employment screening; creating s.
8435.015, F.S.; providing for incorporation by reference;
9providing that the purpose of the chapter is to provide
10uniform criteria for employment screening; providing that
11a reference to the chapter, or any section or subdivision,
12constitutes a general reference; creating s. 435.025,
13F.S.; requiring consideration of arrest records in
14determining whether certain persons satisfy the
15requirement of good moral character; amending s. 435.04,
16F.S.; requiring that Department of Juvenile Justice
17screenings occur annually; requiring that Department of
18Juvenile Justice employees be of good moral character;
19prohibiting the Department of Juvenile Justice from
20removing a disqualification from employment or granting an
21exemption from disqualification in certain circumstances;
22amending ss. 984.01 and 985.01, F.S.; providing that
23certain persons who fail to satisfy the requirement of
24good moral character may be disqualified from employment
25or denied an exemption from disqualification; amending s.
26985.407, F.S.; providing that certain persons who fail to
27satisfy the requirement of good moral character may be
28disqualified from employment or denied an exemption from
29disqualification; requiring the Department of Juvenile
30Justice to require employment screening of certain
31personnel pursuant to level 2, rather than level 1,
32screening standards of ch. 435, F.S.; reenacting ss.
33400.953(3), 943.0585(4)(a), 943.059(4)(a), and
34985.05(4)(e), F.S., relating to background screening of
35home medical equipment provider personnel, court-ordered
36expunction of criminal history records, court-ordered
37sealing of criminal history records, and use of juvenile
38court records as proof of certain disqualification,
39respectively, for the purpose of incorporating the
40amendment to s. 985.407, F.S., in references thereto;
41providing an effective date.
42
43Be It Enacted by the Legislature of the State of Florida:
44
45     Section 1.  Section 435.015, Florida Statutes, is created
46to read:
47     435.015  Incorporation by reference.--The purpose of this
48chapter is to provide uniform criteria for employment screening
49and, to this end, a reference to this chapter, or to any section
50or subdivision within this chapter, constitutes a general
51reference under the doctrine of incorporation by reference.
52     Section 2.  Section 435.025, Florida Statutes, is created
53to read:
54     435.025  Evidence of good moral character.--Any record
55concerning the arrest of a person who is required to be of good
56moral character as a condition of initial or continued
57employment, licensure, or other business with the state, or any
58agency or political subdivision thereof, shall be considered in
59determining whether such person satisfies the requirement,
60notwithstanding the disposition of the arrest.
61     Section 3.  Subsection (3) of section 435.04, Florida
62Statutes, is amended to read:
63     435.04  Level 2 screening standards.--
64     (3)  The security background investigations conducted under
65this section for employees of the Department of Juvenile Justice
66shall occur annually and must ensure that no persons subject to
67the provisions of this section have been found guilty of,
68regardless of adjudication, or entered a plea of nolo contendere
69or guilty to, any offense prohibited under any of the following
70provisions of the Florida Statutes or under any similar statute
71of another jurisdiction:
72     (a)  Section 784.07, relating to assault or battery of law
73enforcement officers, firefighters, emergency medical care
74providers, public transit employees or agents, or other
75specified officers.
76     (b)  Section 810.02, relating to burglary, if the offense
77is a felony.
78     (c)  Section 944.40, relating to escape.
79
80All Department of Juvenile Justice employees shall be of good
81moral character. The Department of Juvenile Justice may not
82remove a disqualification from employment or grant an exemption
83to any person who is disqualified under this section for any
84offense disposed of during the most recent 7-year period. The
85Department of Juvenile Justice may not remove a disqualification
86from employment or grant an exemption to any person who has been
87found guilty of, regardless of adjudication, or entered a plea
88of nolo contendere or guilty to, three or more offenses
89specified in this subsection or subsection (2), irrespective of
90the time at which such offenses were disposed.
91     Section 4.  Subsection (2) of section 984.01, Florida
92Statutes, is amended to read:
93     984.01  Purposes and intent; personnel standards and
94screening.--
95     (2)  The Department of Juvenile Justice or the Department
96of Children and Family Services, as appropriate, may contract
97with the Federal Government, other state departments and
98agencies, county and municipal governments and agencies, public
99and private agencies, and private individuals and corporations
100in carrying out the purposes of, and the responsibilities
101established in, this chapter.
102     (a)  When the Department of Juvenile Justice or the
103Department of Children and Family Services contracts with a
104provider for any program for children, all personnel, including
105owners, operators, employees, and volunteers, in the facility
106must be of good moral character. Each contract entered into by
107either department for services delivered on an appointment or
108intermittent basis by a provider that does not have regular
109custodial responsibility for children and each contract with a
110school for before or aftercare services must ensure that the
111owners, operators, and all personnel who have direct contact
112with children are of good moral character. A volunteer who
113assists on an intermittent basis for less than 40 hours per
114month need not be screened if the volunteer is under direct and
115constant supervision by persons who meet the screening
116requirements.
117     (b)  The Department of Juvenile Justice and the Department
118of Children and Family Services shall require employment
119screening pursuant to chapter 435, using the level 2 standards
120set forth in that chapter for personnel in programs for children
121or youths.
122     (c)  The Department of Juvenile Justice or the Department
123of Children and Family Services may grant exemptions from
124disqualification from working with children as provided in s.
125435.07.
126     (d)  Notwithstanding s. 435.04 or s. 435.07, a person may
127be disqualified from employment or denied an exemption from
128disqualification if such person fails to satisfy the requirement
129of good moral character as evidenced by criminal history
130information documenting multiple arrests or convictions.
131     Section 5.  Subsection (2) of section 985.01, Florida
132Statutes, is amended to read:
133     985.01  Purposes and intent; personnel standards and
134screening.--
135     (2)  The Department of Juvenile Justice or the Department
136of Children and Family Services, as appropriate, may contract
137with the Federal Government, other state departments and
138agencies, county and municipal governments and agencies, public
139and private agencies, and private individuals and corporations
140in carrying out the purposes of, and the responsibilities
141established in, this chapter.
142     (a)  When the Department of Juvenile Justice or the
143Department of Children and Family Services contracts with a
144provider for any program for children, all personnel, including
145owners, operators, employees, and volunteers, in the facility
146must be of good moral character. Each contract entered into by
147either department for services delivered on an appointment or
148intermittent basis by a provider that does not have regular
149custodial responsibility for children and each contract with a
150school for before or aftercare services must ensure that the
151owners, operators, and all personnel who have direct contact
152with children are of good moral character. A volunteer who
153assists on an intermittent basis for less than 40 hours per
154month need not be screened if the volunteer is under direct and
155constant supervision by persons who meet the screening
156requirements.
157     (b)  The Department of Juvenile Justice and the Department
158of Children and Family Services shall require employment
159screening pursuant to chapter 435, using the level 2 standards
160set forth in that chapter for personnel in programs for children
161or youths.
162     (c)  The Department of Juvenile Justice or the Department
163of Children and Family Services may grant exemptions from
164disqualification from working with children as provided in s.
165435.07.
166     (d)  Notwithstanding s. 435.04 or s. 435.07, a person may
167be disqualified from employment or denied an exemption from
168disqualification if such person fails to satisfy the requirement
169of good moral character as evidenced by criminal history
170information documenting multiple arrests or convictions.
171     Section 6.  Subsection(4) of section 985.407, Florida
172Statutes, is amended, and subsection (6) is added to said
173section, to read:
174     985.407  Departmental contracting powers; personnel
175standards and screening.--
176     (4)  The department shall require employment screening
177pursuant to chapter 435, using the level 2 1 standards for
178screening set forth in that chapter, for personnel in
179delinquency facilities, services, and programs.
180     (6)  Notwithstanding s. 435.04 or s. 435.07, a person may
181be disqualified from employment or denied an exemption from
182disqualification if such person fails to satisfy the requirement
183of good moral character as evidenced by criminal history
184information documenting multiple arrests or convictions.
185     Section 7.  For the purpose of incorporating the amendment
186to section 985.407, Florida Statutes, in a reference thereto,
187subsection (3) of section 400.953, Florida Statutes, is
188reenacted to read:
189     400.953  Background screening of home medical equipment
190provider personnel.--The agency shall require employment
191screening as provided in chapter 435, using the level 1
192standards for screening set forth in that chapter, for home
193medical equipment provider personnel.
194     (3)  Proof of compliance with the screening requirements of
195s. 110.1127, s. 393.0655, s. 394.4572, s. 397.451, s. 402.305,
196s. 402.313, s. 409.175, s. 464.008, or s. 985.407 or this part
197must be accepted in lieu of the requirements of this section if
198the person has been continuously employed in the same type of
199occupation for which he or she is seeking employment without a
200breach in service that exceeds 180 days, the proof of compliance
201is not more than 2 years old, and the person has been screened
202by the Department of Law Enforcement. An employer or contractor
203shall directly provide proof of compliance to another employer
204or contractor, and a potential employer or contractor may not
205accept any proof of compliance directly from the person
206requiring screening. Proof of compliance with the screening
207requirements of this section shall be provided, upon request, to
208the person screened by the home medical equipment provider.
209     Section 8.  For the purpose of incorporating the amendment
210to section 985.407, Florida Statutes, in a reference thereto,
211paragraph (a) of subsection (4) of section 943.0585, Florida
212Statutes, is reenacted to read:
213     943.0585  Court-ordered expunction of criminal history
214records.--The courts of this state have jurisdiction over their
215own procedures, including the maintenance, expunction, and
216correction of judicial records containing criminal history
217information to the extent such procedures are not inconsistent
218with the conditions, responsibilities, and duties established by
219this section. Any court of competent jurisdiction may order a
220criminal justice agency to expunge the criminal history record
221of a minor or an adult who complies with the requirements of
222this section. The court shall not order a criminal justice
223agency to expunge a criminal history record until the person
224seeking to expunge a criminal history record has applied for and
225received a certificate of eligibility for expunction pursuant to
226subsection (2). A criminal history record that relates to a
227violation of s. 787.025, chapter 794, s. 796.03, s. 800.04, s.
228817.034, s. 825.1025, s. 827.071, chapter 839, s. 847.0133, s.
229847.0135, s. 847.0145, s. 893.135, or a violation enumerated in
230s. 907.041 may not be expunged, without regard to whether
231adjudication was withheld, if the defendant was found guilty of
232or pled guilty or nolo contendere to the offense, or if the
233defendant, as a minor, was found to have committed, or pled
234guilty or nolo contendere to committing, the offense as a
235delinquent act. The court may only order expunction of a
236criminal history record pertaining to one arrest or one incident
237of alleged criminal activity, except as provided in this
238section. The court may, at its sole discretion, order the
239expunction of a criminal history record pertaining to more than
240one arrest if the additional arrests directly relate to the
241original arrest. If the court intends to order the expunction of
242records pertaining to such additional arrests, such intent must
243be specified in the order. A criminal justice agency may not
244expunge any record pertaining to such additional arrests if the
245order to expunge does not articulate the intention of the court
246to expunge a record pertaining to more than one arrest. This
247section does not prevent the court from ordering the expunction
248of only a portion of a criminal history record pertaining to one
249arrest or one incident of alleged criminal activity.
250Notwithstanding any law to the contrary, a criminal justice
251agency may comply with laws, court orders, and official requests
252of other jurisdictions relating to expunction, correction, or
253confidential handling of criminal history records or information
254derived therefrom. This section does not confer any right to the
255expunction of any criminal history record, and any request for
256expunction of a criminal history record may be denied at the
257sole discretion of the court.
258     (4)  EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.--Any
259criminal history record of a minor or an adult which is ordered
260expunged by a court of competent jurisdiction pursuant to this
261section must be physically destroyed or obliterated by any
262criminal justice agency having custody of such record; except
263that any criminal history record in the custody of the
264department must be retained in all cases. A criminal history
265record ordered expunged that is retained by the department is
266confidential and exempt from the provisions of s. 119.07(1) and
267s. 24(a), Art. I of the State Constitution and not available to
268any person or entity except upon order of a court of competent
269jurisdiction. A criminal justice agency may retain a notation
270indicating compliance with an order to expunge.
271     (a)  The person who is the subject of a criminal history
272record that is expunged under this section or under other
273provisions of law, including former s. 893.14, former s. 901.33,
274and former s. 943.058, may lawfully deny or fail to acknowledge
275the arrests covered by the expunged record, except when the
276subject of the record:
277     1.  Is a candidate for employment with a criminal justice
278agency;
279     2.  Is a defendant in a criminal prosecution;
280     3.  Concurrently or subsequently petitions for relief under
281this section or s. 943.059;
282     4.  Is a candidate for admission to The Florida Bar;
283     5.  Is seeking to be employed or licensed by or to contract
284with the Department of Children and Family Services or the
285Department of Juvenile Justice or to be employed or used by such
286contractor or licensee in a sensitive position having direct
287contact with children, the developmentally disabled, the aged,
288or the elderly as provided in s. 110.1127(3), s. 393.063(15), s.
289394.4572(1), s. 397.451, s. 402.302(3), s. 402.313(3), s.
290409.175(2)(i), s. 415.102(4), s. 985.407, or chapter 400; or
291     6.  Is seeking to be employed or licensed by the Office of
292Teacher Education, Certification, Staff Development, and
293Professional Practices of the Department of Education, any
294district school board, or any local governmental entity that
295licenses child care facilities.
296     Section 9.  For the purpose of incorporating the amendment
297to section 985.407, Florida Statutes, in a reference thereto,
298paragraph (a) of subsection (4) of section 943.059, Florida
299Statutes, is reenacted to read:
300     943.059  Court-ordered sealing of criminal history
301records.--The courts of this state shall continue to have
302jurisdiction over their own procedures, including the
303maintenance, sealing, and correction of judicial records
304containing criminal history information to the extent such
305procedures are not inconsistent with the conditions,
306responsibilities, and duties established by this section. Any
307court of competent jurisdiction may order a criminal justice
308agency to seal the criminal history record of a minor or an
309adult who complies with the requirements of this section. The
310court shall not order a criminal justice agency to seal a
311criminal history record until the person seeking to seal a
312criminal history record has applied for and received a
313certificate of eligibility for sealing pursuant to subsection
314(2). A criminal history record that relates to a violation of s.
315787.025, chapter 794, s. 796.03, s. 800.04, s. 817.034, s.
316825.1025, s. 827.071, chapter 839, s. 847.0133, s. 847.0135, s.
317847.0145, s. 893.135, or a violation enumerated in s. 907.041
318may not be sealed, without regard to whether adjudication was
319withheld, if the defendant was found guilty of or pled guilty or
320nolo contendere to the offense, or if the defendant, as a minor,
321was found to have committed or pled guilty or nolo contendere to
322committing the offense as a delinquent act. The court may only
323order sealing of a criminal history record pertaining to one
324arrest or one incident of alleged criminal activity, except as
325provided in this section. The court may, at its sole discretion,
326order the sealing of a criminal history record pertaining to
327more than one arrest if the additional arrests directly relate
328to the original arrest. If the court intends to order the
329sealing of records pertaining to such additional arrests, such
330intent must be specified in the order. A criminal justice agency
331may not seal any record pertaining to such additional arrests if
332the order to seal does not articulate the intention of the court
333to seal records pertaining to more than one arrest. This section
334does not prevent the court from ordering the sealing of only a
335portion of a criminal history record pertaining to one arrest or
336one incident of alleged criminal activity. Notwithstanding any
337law to the contrary, a criminal justice agency may comply with
338laws, court orders, and official requests of other jurisdictions
339relating to sealing, correction, or confidential handling of
340criminal history records or information derived therefrom. This
341section does not confer any right to the sealing of any criminal
342history record, and any request for sealing a criminal history
343record may be denied at the sole discretion of the court.
344     (4)  EFFECT OF CRIMINAL HISTORY RECORD SEALING.--A criminal
345history record of a minor or an adult which is ordered sealed by
346a court of competent jurisdiction pursuant to this section is
347confidential and exempt from the provisions of s. 119.07(1) and
348s. 24(a), Art. I of the State Constitution and is available only
349to the person who is the subject of the record, to the subject's
350attorney, to criminal justice agencies for their respective
351criminal justice purposes, or to those entities set forth in
352subparagraphs (a)1., 4., 5., and 6. for their respective
353licensing and employment purposes.
354     (a)  The subject of a criminal history record sealed under
355this section or under other provisions of law, including former
356s. 893.14, former s. 901.33, and former s. 943.058, may lawfully
357deny or fail to acknowledge the arrests covered by the sealed
358record, except when the subject of the record:
359     1.  Is a candidate for employment with a criminal justice
360agency;
361     2.  Is a defendant in a criminal prosecution;
362     3.  Concurrently or subsequently petitions for relief under
363this section or s. 943.0585;
364     4.  Is a candidate for admission to The Florida Bar;
365     5.  Is seeking to be employed or licensed by or to contract
366with the Department of Children and Family Services or the
367Department of Juvenile Justice or to be employed or used by such
368contractor or licensee in a sensitive position having direct
369contact with children, the developmentally disabled, the aged,
370or the elderly as provided in s. 110.1127(3), s. 393.063(15), s.
371394.4572(1), s. 397.451, s. 402.302(3), s. 402.313(3), s.
372409.175(2)(i), s. 415.102(4), s. 415.103, s. 985.407, or chapter
373400; or
374     6.  Is seeking to be employed or licensed by the Office of
375Teacher Education, Certification, Staff Development, and
376Professional Practices of the Department of Education, any
377district school board, or any local governmental entity which
378licenses child care facilities.
379     Section 10.  For the purpose of incorporating the amendment
380to section 985.407, Florida Statutes, in a reference thereto,
381paragraph (e) of subsection (4) of section 985.05, Florida
382Statutes, is reenacted to read:
383     985.05  Court records.--
384     (4)  A court record of proceedings under this part is not
385admissible in evidence in any other civil or criminal
386proceeding, except that:
387     (e)  Records of proceedings under this part may be used to
388prove disqualification pursuant to ss. 110.1127, 393.0655,
389394.457, 397.451, 402.305, 402.313, 409.175, 409.176, and
390985.407.
391     Section 11.  This act shall take effect upon becoming a
392law.


CODING: Words stricken are deletions; words underlined are additions.