HB 0713CS

CHAMBER ACTION



1The Committee on Future of Florida's Families 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; specifying elements
16that must be considered in assessing whether a person is
17of good moral character; amending s. 435.04, F.S.;
18requiring that Department of Juvenile Justice screenings
19occur annually; requiring that Department of Juvenile
20Justice employees be of good moral character; prohibiting
21the Department of Juvenile Justice from removing a
22disqualification from employment or granting an exemption
23from disqualification in certain circumstances; amending
24ss. 984.01 and 985.01, F.S.; providing that certain
25persons who fail to satisfy the requirement of good moral
26character may be disqualified from employment or denied an
27exemption from disqualification; specifying elements that
28must be considered in assessing whether a person is of
29good moral character; amending s. 985.407, F.S.; providing
30that certain persons who fail to satisfy the requirement
31of good moral character may be disqualified from
32employment or denied an exemption from disqualification;
33requiring the Department of Juvenile Justice to require
34employment screening of certain personnel pursuant to
35level 2, rather than level 1, screening standards of ch.
36435, F.S.; specifying elements that must be considered in
37assessing whether a person is of good moral character;  
38reenacting ss. 400.953(3), 943.0585(4)(a), 943.059(4)(a),
39and 985.05(4)(e), F.S., relating to background screening
40of home medical equipment provider personnel, court-
41ordered expunction of criminal history records, court-
42ordered sealing of criminal history records, and use of
43juvenile court records as proof of certain
44disqualification, respectively, for the purpose of
45incorporating the amendment to s. 985.407, F.S., in
46references thereto; providing an effective date.
47
48Be It Enacted by the Legislature of the State of Florida:
49
50     Section 1.  Section 435.015, Florida Statutes, is created
51to read:
52     435.015  Incorporation by reference.--The purpose of this
53chapter is to provide uniform criteria for employment screening
54and, to this end, a reference to this chapter, or to any section
55or subdivision within this chapter, constitutes a general
56reference under the doctrine of incorporation by reference.
57     Section 2.  Section 435.025, Florida Statutes, is created
58to read:
59     435.025  Evidence of good moral character.--Any record
60concerning the arrest of a person who is required to be of good
61moral character as a condition of initial or continued
62employment, licensure, or other business with the state, or any
63agency or political subdivision thereof, shall be considered in
64determining whether such person satisfies the requirement,
65notwithstanding the disposition of the arrest. A lack of good
66moral character is evidenced by acts and conduct which would
67cause a reasonable person to have substantial doubts about an
68individual's honesty, fairness, and respect for the rights of
69others and for the laws of the state and nation. An assessment
70of good moral character must incorporate consideration of
71criminal history information documenting arrests or convictions
72of the individual.
73     Section 3.  Subsection (3) of section 435.04, Florida
74Statutes, is amended to read:
75     435.04  Level 2 screening standards.--
76     (3)  The security background investigations conducted under
77this section for employees of the Department of Juvenile Justice
78shall occur annually and must ensure that no persons subject to
79the provisions of this section have been found guilty of,
80regardless of adjudication, or entered a plea of nolo contendere
81or guilty to, any offense prohibited under any of the following
82provisions of the Florida Statutes or under any similar statute
83of another jurisdiction:
84     (a)  Section 784.07, relating to assault or battery of law
85enforcement officers, firefighters, emergency medical care
86providers, public transit employees or agents, or other
87specified officers.
88     (b)  Section 810.02, relating to burglary, if the offense
89is a felony.
90     (c)  Section 944.40, relating to escape.
91
92All Department of Juvenile Justice employees shall be of good
93moral character. The Department of Juvenile Justice may not
94remove a disqualification from employment or grant an exemption
95to any person who is disqualified under this section for any
96offense disposed of during the most recent 7-year period. The
97Department of Juvenile Justice may not remove a disqualification
98from employment or grant an exemption to any person who has been
99found guilty of, regardless of adjudication, or entered a plea
100of nolo contendere or guilty to, three or more offenses
101specified in this subsection or subsection (2), irrespective of
102the time at which such offenses were disposed.
103     Section 4.  Subsection (2) of section 984.01, Florida
104Statutes, is amended to read:
105     984.01  Purposes and intent; personnel standards and
106screening.--
107     (2)  The Department of Juvenile Justice or the Department
108of Children and Family Services, as appropriate, may contract
109with the Federal Government, other state departments and
110agencies, county and municipal governments and agencies, public
111and private agencies, and private individuals and corporations
112in carrying out the purposes of, and the responsibilities
113established in, this chapter.
114     (a)  When the Department of Juvenile Justice or the
115Department of Children and Family Services contracts with a
116provider for any program for children, all personnel, including
117owners, operators, employees, and volunteers, in the facility
118must be of good moral character. Each contract entered into by
119either department for services delivered on an appointment or
120intermittent basis by a provider that does not have regular
121custodial responsibility for children and each contract with a
122school for before or aftercare services must ensure that the
123owners, operators, and all personnel who have direct contact
124with children are of good moral character. A volunteer who
125assists on an intermittent basis for less than 40 hours per
126month need not be screened if the volunteer is under direct and
127constant supervision by persons who meet the screening
128requirements.
129     (b)  The Department of Juvenile Justice and the Department
130of Children and Family Services shall require employment
131screening pursuant to chapter 435, using the level 2 standards
132set forth in that chapter for personnel in programs for children
133or youths.
134     (c)  The Department of Juvenile Justice or the Department
135of Children and Family Services may grant exemptions from
136disqualification from working with children as provided in s.
137435.07.
138     (d)  Notwithstanding s. 435.04 or s. 435.07, a person may
139be disqualified from employment or denied an exemption from
140disqualification if such person fails to satisfy the requirement
141of good moral character as evidenced by acts and conduct which
142would cause a reasonable person to have substantial doubts about
143an individual's honesty, fairness, and respect for the rights of
144others and for the laws of the state and nation. An assessment
145of good moral character must incorporate consideration of
146criminal history information documenting arrests or convictions
147of the individual.
148     Section 5.  Subsection (2) of section 985.01, Florida
149Statutes, is amended to read:
150     985.01  Purposes and intent; personnel standards and
151screening.--
152     (2)  The Department of Juvenile Justice or the Department
153of Children and Family Services, as appropriate, may contract
154with the Federal Government, other state departments and
155agencies, county and municipal governments and agencies, public
156and private agencies, and private individuals and corporations
157in carrying out the purposes of, and the responsibilities
158established in, this chapter.
159     (a)  When the Department of Juvenile Justice or the
160Department of Children and Family Services contracts with a
161provider for any program for children, all personnel, including
162owners, operators, employees, and volunteers, in the facility
163must be of good moral character. Each contract entered into by
164either department for services delivered on an appointment or
165intermittent basis by a provider that does not have regular
166custodial responsibility for children and each contract with a
167school for before or aftercare services must ensure that the
168owners, operators, and all personnel who have direct contact
169with children are of good moral character. A volunteer who
170assists on an intermittent basis for less than 40 hours per
171month need not be screened if the volunteer is under direct and
172constant supervision by persons who meet the screening
173requirements.
174     (b)  The Department of Juvenile Justice and the Department
175of Children and Family Services shall require employment
176screening pursuant to chapter 435, using the level 2 standards
177set forth in that chapter for personnel in programs for children
178or youths.
179     (c)  The Department of Juvenile Justice or the Department
180of Children and Family Services may grant exemptions from
181disqualification from working with children as provided in s.
182435.07.
183     (d)  Notwithstanding s. 435.04 or s. 435.07, a person may
184be disqualified from employment or denied an exemption from
185disqualification if such person fails to satisfy the requirement
186of good moral character as evidenced by acts and conduct which
187would cause a reasonable person to have substantial doubts about
188an individual's honesty, fairness, and respect for the rights of
189others and for the laws of the state and nation. An assessment
190of good moral character must incorporate consideration of
191criminal history information documenting arrests or convictions
192of the individual.
193     Section 6.  Subsection (4) of section 985.407, Florida
194Statutes, is amended, and subsection (6) is added to said
195section, to read:
196     985.407  Departmental contracting powers; personnel
197standards and screening.--
198     (4)  The department shall require employment screening
199pursuant to chapter 435, using the level 2 1 standards for
200screening set forth in that chapter, for personnel in
201delinquency facilities, services, and programs.
202     (6)  Notwithstanding s. 435.04 or s. 435.07, a person may
203be disqualified from employment or denied an exemption from
204disqualification if such person fails to satisfy the requirement
205of good moral character as evidenced by acts and conduct which
206would cause a reasonable person to have substantial doubts about
207an individual's honesty, fairness, and respect for the rights of
208others and for the laws of the state and nation. An assessment
209of good moral character must incorporate consideration of
210criminal history information documenting arrests or convictions
211of the individual.
212     Section 7.  For the purpose of incorporating the amendment
213to section 985.407, Florida Statutes, in a reference thereto,
214subsection (3) of section 400.953, Florida Statutes, is
215reenacted to read:
216     400.953  Background screening of home medical equipment
217provider personnel.--The agency shall require employment
218screening as provided in chapter 435, using the level 1
219standards for screening set forth in that chapter, for home
220medical equipment provider personnel.
221     (3)  Proof of compliance with the screening requirements of
222s. 110.1127, s. 393.0655, s. 394.4572, s. 397.451, s. 402.305,
223s. 402.313, s. 409.175, s. 464.008, or s. 985.407 or this part
224must be accepted in lieu of the requirements of this section if
225the person has been continuously employed in the same type of
226occupation for which he or she is seeking employment without a
227breach in service that exceeds 180 days, the proof of compliance
228is not more than 2 years old, and the person has been screened
229by the Department of Law Enforcement. An employer or contractor
230shall directly provide proof of compliance to another employer
231or contractor, and a potential employer or contractor may not
232accept any proof of compliance directly from the person
233requiring screening. Proof of compliance with the screening
234requirements of this section shall be provided, upon request, to
235the person screened by the home medical equipment provider.
236     Section 8.  For the purpose of incorporating the amendment
237to section 985.407, Florida Statutes, in a reference thereto,
238paragraph (a) of subsection (4) of section 943.0585, Florida
239Statutes, is reenacted to read:
240     943.0585  Court-ordered expunction of criminal history
241records.--The courts of this state have jurisdiction over their
242own procedures, including the maintenance, expunction, and
243correction of judicial records containing criminal history
244information to the extent such procedures are not inconsistent
245with the conditions, responsibilities, and duties established by
246this section. Any court of competent jurisdiction may order a
247criminal justice agency to expunge the criminal history record
248of a minor or an adult who complies with the requirements of
249this section. The court shall not order a criminal justice
250agency to expunge a criminal history record until the person
251seeking to expunge a criminal history record has applied for and
252received a certificate of eligibility for expunction pursuant to
253subsection (2). A criminal history record that relates to a
254violation of s. 787.025, chapter 794, s. 796.03, s. 800.04, s.
255817.034, s. 825.1025, s. 827.071, chapter 839, s. 847.0133, s.
256847.0135, s. 847.0145, s. 893.135, or a violation enumerated in
257s. 907.041 may not be expunged, without regard to whether
258adjudication was withheld, if the defendant was found guilty of
259or pled guilty or nolo contendere to the offense, or if the
260defendant, as a minor, was found to have committed, or pled
261guilty or nolo contendere to committing, the offense as a
262delinquent act. The court may only order expunction of a
263criminal history record pertaining to one arrest or one incident
264of alleged criminal activity, except as provided in this
265section. The court may, at its sole discretion, order the
266expunction of a criminal history record pertaining to more than
267one arrest if the additional arrests directly relate to the
268original arrest. If the court intends to order the expunction of
269records pertaining to such additional arrests, such intent must
270be specified in the order. A criminal justice agency may not
271expunge any record pertaining to such additional arrests if the
272order to expunge does not articulate the intention of the court
273to expunge a record pertaining to more than one arrest. This
274section does not prevent the court from ordering the expunction
275of only a portion of a criminal history record pertaining to one
276arrest or one incident of alleged criminal activity.
277Notwithstanding any law to the contrary, a criminal justice
278agency may comply with laws, court orders, and official requests
279of other jurisdictions relating to expunction, correction, or
280confidential handling of criminal history records or information
281derived therefrom. This section does not confer any right to the
282expunction of any criminal history record, and any request for
283expunction of a criminal history record may be denied at the
284sole discretion of the court.
285     (4)  EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.--Any
286criminal history record of a minor or an adult which is ordered
287expunged by a court of competent jurisdiction pursuant to this
288section must be physically destroyed or obliterated by any
289criminal justice agency having custody of such record; except
290that any criminal history record in the custody of the
291department must be retained in all cases. A criminal history
292record ordered expunged that is retained by the department is
293confidential and exempt from the provisions of s. 119.07(1) and
294s. 24(a), Art. I of the State Constitution and not available to
295any person or entity except upon order of a court of competent
296jurisdiction. A criminal justice agency may retain a notation
297indicating compliance with an order to expunge.
298     (a)  The person who is the subject of a criminal history
299record that is expunged under this section or under other
300provisions of law, including former s. 893.14, former s. 901.33,
301and former s. 943.058, may lawfully deny or fail to acknowledge
302the arrests covered by the expunged record, except when the
303subject of the record:
304     1.  Is a candidate for employment with a criminal justice
305agency;
306     2.  Is a defendant in a criminal prosecution;
307     3.  Concurrently or subsequently petitions for relief under
308this section or s. 943.059;
309     4.  Is a candidate for admission to The Florida Bar;
310     5.  Is seeking to be employed or licensed by or to contract
311with the Department of Children and Family Services or the
312Department of Juvenile Justice or to be employed or used by such
313contractor or licensee in a sensitive position having direct
314contact with children, the developmentally disabled, the aged,
315or the elderly as provided in s. 110.1127(3), s. 393.063(15), s.
316394.4572(1), s. 397.451, s. 402.302(3), s. 402.313(3), s.
317409.175(2)(i), s. 415.102(4), s. 985.407, or chapter 400; or
318     6.  Is seeking to be employed or licensed by the Office of
319Teacher Education, Certification, Staff Development, and
320Professional Practices of the Department of Education, any
321district school board, or any local governmental entity that
322licenses child care facilities.
323     Section 9.  For the purpose of incorporating the amendment
324to section 985.407, Florida Statutes, in a reference thereto,
325paragraph (a) of subsection (4) of section 943.059, Florida
326Statutes, is reenacted to read:
327     943.059  Court-ordered sealing of criminal history
328records.--The courts of this state shall continue to have
329jurisdiction over their own procedures, including the
330maintenance, sealing, and correction of judicial records
331containing criminal history information to the extent such
332procedures are not inconsistent with the conditions,
333responsibilities, and duties established by this section. Any
334court of competent jurisdiction may order a criminal justice
335agency to seal the criminal history record of a minor or an
336adult who complies with the requirements of this section. The
337court shall not order a criminal justice agency to seal a
338criminal history record until the person seeking to seal a
339criminal history record has applied for and received a
340certificate of eligibility for sealing pursuant to subsection
341(2). A criminal history record that relates to a violation of s.
342787.025, chapter 794, s. 796.03, s. 800.04, s. 817.034, s.
343825.1025, s. 827.071, chapter 839, s. 847.0133, s. 847.0135, s.
344847.0145, s. 893.135, or a violation enumerated in s. 907.041
345may not be sealed, without regard to whether adjudication was
346withheld, if the defendant was found guilty of or pled guilty or
347nolo contendere to the offense, or if the defendant, as a minor,
348was found to have committed or pled guilty or nolo contendere to
349committing the offense as a delinquent act. The court may only
350order sealing of a criminal history record pertaining to one
351arrest or one incident of alleged criminal activity, except as
352provided in this section. The court may, at its sole discretion,
353order the sealing of a criminal history record pertaining to
354more than one arrest if the additional arrests directly relate
355to the original arrest. If the court intends to order the
356sealing of records pertaining to such additional arrests, such
357intent must be specified in the order. A criminal justice agency
358may not seal any record pertaining to such additional arrests if
359the order to seal does not articulate the intention of the court
360to seal records pertaining to more than one arrest. This section
361does not prevent the court from ordering the sealing of only a
362portion of a criminal history record pertaining to one arrest or
363one incident of alleged criminal activity. Notwithstanding any
364law to the contrary, a criminal justice agency may comply with
365laws, court orders, and official requests of other jurisdictions
366relating to sealing, correction, or confidential handling of
367criminal history records or information derived therefrom. This
368section does not confer any right to the sealing of any criminal
369history record, and any request for sealing a criminal history
370record may be denied at the sole discretion of the court.
371     (4)  EFFECT OF CRIMINAL HISTORY RECORD SEALING.--A criminal
372history record of a minor or an adult which is ordered sealed by
373a court of competent jurisdiction pursuant to this section is
374confidential and exempt from the provisions of s. 119.07(1) and
375s. 24(a), Art. I of the State Constitution and is available only
376to the person who is the subject of the record, to the subject's
377attorney, to criminal justice agencies for their respective
378criminal justice purposes, or to those entities set forth in
379subparagraphs (a)1., 4., 5., and 6. for their respective
380licensing and employment purposes.
381     (a)  The subject of a criminal history record sealed under
382this section or under other provisions of law, including former
383s. 893.14, former s. 901.33, and former s. 943.058, may lawfully
384deny or fail to acknowledge the arrests covered by the sealed
385record, except when the subject of the record:
386     1.  Is a candidate for employment with a criminal justice
387agency;
388     2.  Is a defendant in a criminal prosecution;
389     3.  Concurrently or subsequently petitions for relief under
390this section or s. 943.0585;
391     4.  Is a candidate for admission to The Florida Bar;
392     5.  Is seeking to be employed or licensed by or to contract
393with the Department of Children and Family Services or the
394Department of Juvenile Justice or to be employed or used by such
395contractor or licensee in a sensitive position having direct
396contact with children, the developmentally disabled, the aged,
397or the elderly as provided in s. 110.1127(3), s. 393.063(15), s.
398394.4572(1), s. 397.451, s. 402.302(3), s. 402.313(3), s.
399409.175(2)(i), s. 415.102(4), s. 415.103, s. 985.407, or chapter
400400; or
401     6.  Is seeking to be employed or licensed by the Office of
402Teacher Education, Certification, Staff Development, and
403Professional Practices of the Department of Education, any
404district school board, or any local governmental entity which
405licenses child care facilities.
406     Section 10.  For the purpose of incorporating the amendment
407to section 985.407, Florida Statutes, in a reference thereto,
408paragraph (e) of subsection (4) of section 985.05, Florida
409Statutes, is reenacted to read:
410     985.05  Court records.--
411     (4)  A court record of proceedings under this part is not
412admissible in evidence in any other civil or criminal
413proceeding, except that:
414     (e)  Records of proceedings under this part may be used to
415prove disqualification pursuant to ss. 110.1127, 393.0655,
416394.457, 397.451, 402.305, 402.313, 409.175, 409.176, and
417985.407.
418     Section 11.  This act shall take effect upon becoming a
419law.


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