HB 0713CS

CHAMBER ACTION



1The Committee on State Administration recommends the following:
2
3     Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to employment screening; creating s.
7435.015, F.S.; providing for incorporation by reference;
8providing that the purpose of the chapter is to provide
9uniform criteria for employment screening; providing that
10a reference to the chapter, or any section or subdivision,
11constitutes a general reference; creating s. 435.025,
12F.S.; requiring consideration of arrest records in
13determining whether certain persons satisfy the
14requirement of good moral character; specifying elements
15that must be considered in assessing whether a person is
16of good moral character; amending s. 435.04, F.S.;
17requiring that Department of Juvenile Justice employees be
18of good moral character; prohibiting the Department of
19Juvenile Justice from removing a disqualification from
20employment or granting an exemption from disqualification
21in certain circumstances; amending s. 984.01, F.S.;
22providing that certain persons who fail to satisfy the
23requirement of good moral character may be disqualified
24from employment or denied an exemption from
25disqualification; specifying elements that must be
26considered in assessing whether a person is of good moral
27character; amending s. 985.01, F.S.; providing that
28certain persons who fail to satisfy the requirement of
29good moral character may be disqualified from employment
30or denied an exemption from disqualification; specifying
31elements that must be considered in assessing whether a
32person is of good moral character; requiring the
33Department of Juvenile Justice to submit fingerprint
34information of certain employees and contracted personnel
35to the Department of Law Enforcement; providing for
36submission of fingerprint information by all department
37employees and personnel by a time certain; authorizing
38such information to be retained in the statewide automated
39fingerprint identification system; providing for arrest
40records to be compared against such fingerprint
41information; providing for notice to the Department of
42Juvenile Justice concerning fingerprint information in
43certain circumstances; authorizing the Department of Law
44Enforcement to promulgate rules for specified purposes;
45authorizing the Department of Law Enforcement to collect a
46fee from the Department of Juvenile Justice for certain
47services; specifying the maximum amount of such fee;
48specifying parties who may be responsible for such fee;
49amending s. 985.407, F.S.; requiring fingerprinting and
50background screening for all personnel of delinquency
51facilities, services, and programs; providing that certain
52persons who fail to satisfy the requirement of good moral
53character may be disqualified from employment or denied an
54exemption from disqualification; requiring the Department
55of Juvenile Justice to require employment screening of
56certain personnel pursuant to level 2, rather than level
571, screening standards of ch. 435, F.S.; specifying
58elements that must be considered in assessing whether a
59person is of good moral character; reenacting s.
60400.215(2)(a), F.S., relating to background screening of
61nursing home employees; reenacting ss. 400.953(3),
62943.0585(4)(a), 943.059(4)(a), and 985.05(4)(e), F.S.,
63relating to background screening of home medical equipment
64provider personnel, court-ordered expunction of criminal
65history records, court-ordered sealing of criminal history
66records, and use of juvenile court records as proof of
67certain disqualification, respectively, for the purpose of
68incorporating the amendment to s. 985.407, F.S., in
69references thereto; providing an effective date.
70
71Be It Enacted by the Legislature of the State of Florida:
72
73     Section 1.  Section 435.015, Florida Statutes, is created
74to read:
75     435.015  Incorporation by reference.--The purpose of this
76chapter is to provide uniform criteria for employment screening
77and, to this end, a reference to this chapter, or to any section
78or subdivision within this chapter, constitutes a general
79reference under the doctrine of incorporation by reference.
80     Section 2.  Section 435.025, Florida Statutes, is created
81to read:
82     435.025  Evidence of good moral character.--Any record
83concerning the arrest of a person who is required to be of good
84moral character as a condition of initial or continued
85employment, licensure, or other business with the state, or any
86agency or political subdivision thereof, shall be considered in
87determining whether such person satisfies the requirement,
88notwithstanding the disposition of the arrest. A lack of good
89moral character is evidenced by acts and conduct which would
90cause a reasonable person to have substantial doubts about an
91individual's honesty, fairness, and respect for the rights of
92others and for the laws of the state and nation. An assessment
93of good moral character must incorporate consideration of
94criminal history information documenting arrests or convictions
95of the individual.
96     Section 3.  Subsection (3) of section 435.04, Florida
97Statutes, is amended to read:
98     435.04  Level 2 screening standards.--
99     (3)  The security background investigations conducted under
100this section for employees of the Department of Juvenile Justice
101must ensure that no persons subject to the provisions of this
102section have been found guilty of, regardless of adjudication,
103or entered a plea of nolo contendere or guilty to, any offense
104prohibited under any of the following provisions of the Florida
105Statutes or under any similar statute of another jurisdiction:
106     (a)  Section 784.07, relating to assault or battery of law
107enforcement officers, firefighters, emergency medical care
108providers, public transit employees or agents, or other
109specified officers.
110     (b)  Section 810.02, relating to burglary, if the offense
111is a felony.
112     (c)  Section 944.40, relating to escape.
113
114All Department of Juvenile Justice employees shall be of good
115moral character. The Department of Juvenile Justice may not
116remove a disqualification from employment or grant an exemption
117to any person who is disqualified under this section for any
118offense disposed of during the most recent 7-year period. The
119Department of Juvenile Justice may not remove a disqualification
120from employment or grant an exemption to any person who has been
121found guilty of, regardless of adjudication, or entered a plea
122of nolo contendere or guilty to, three or more offenses
123specified in this subsection or subsection (2) which occurred on
124three or more separate occasions.
125     Section 4.  Subsection (2) of section 984.01, Florida
126Statutes, is amended to read:
127     984.01  Purposes and intent; personnel standards and
128screening.--
129     (2)  The Department of Juvenile Justice or the Department
130of Children and Family Services, as appropriate, may contract
131with the Federal Government, other state departments and
132agencies, county and municipal governments and agencies, public
133and private agencies, and private individuals and corporations
134in carrying out the purposes of, and the responsibilities
135established in, this chapter.
136     (a)  When the Department of Juvenile Justice or the
137Department of Children and Family Services contracts with a
138provider for any program for children, all personnel, including
139owners, operators, employees, and volunteers, in the facility
140must be of good moral character. Each contract entered into by
141either department for services delivered on an appointment or
142intermittent basis by a provider that does not have regular
143custodial responsibility for children and each contract with a
144school for before or aftercare services must ensure that the
145owners, operators, and all personnel who have direct contact
146with children are of good moral character. A volunteer who
147assists on an intermittent basis for less than 40 hours per
148month need not be screened if the volunteer is under direct and
149constant supervision by persons who meet the screening
150requirements.
151     (b)  The Department of Juvenile Justice and the Department
152of Children and Family Services shall require employment
153screening pursuant to chapter 435, using the level 2 standards
154set forth in that chapter for personnel in programs for children
155or youths.
156     (c)  The Department of Juvenile Justice or the Department
157of Children and Family Services may grant exemptions from
158disqualification from working with children as provided in s.
159435.07.
160     (d)  Notwithstanding s. 435.04 or s. 435.07, a person may
161be disqualified from employment or denied an exemption from
162disqualification if such person fails to satisfy the requirement
163of good moral character as evidenced by acts and conduct which
164would cause a reasonable person to have substantial doubts about
165an individual's honesty, fairness, and respect for the rights of
166others and for the laws of the state and nation. An assessment
167of good moral character must incorporate consideration of
168criminal history information documenting arrests or convictions
169of the individual.
170     Section 5.  Subsection (2) of section 985.01, Florida
171Statutes, is amended to read:
172     985.01  Purposes and intent; personnel standards and
173screening.--
174     (2)  The Department of Juvenile Justice or the Department
175of Children and Family Services, as appropriate, may contract
176with the Federal Government, other state departments and
177agencies, county and municipal governments and agencies, public
178and private agencies, and private individuals and corporations
179in carrying out the purposes of, and the responsibilities
180established in, this chapter.
181     (a)  When the Department of Juvenile Justice or the
182Department of Children and Family Services contracts with a
183provider for any program for children, all personnel, including
184owners, operators, employees, and volunteers, in the facility
185must be of good moral character. Each contract entered into by
186either department for services delivered on an appointment or
187intermittent basis by a provider that does not have regular
188custodial responsibility for children and each contract with a
189school for before or aftercare services must ensure that the
190owners, operators, and all personnel who have direct contact
191with children are of good moral character. A volunteer who
192assists on an intermittent basis for less than 40 hours per
193month need not be screened if the volunteer is under direct and
194constant supervision by persons who meet the screening
195requirements.
196     (b)  The Department of Juvenile Justice and the Department
197of Children and Family Services shall require employment
198screening pursuant to chapter 435, using the level 2 standards
199set forth in that chapter for personnel in programs for children
200or youths.
201     (c)  The Department of Juvenile Justice or the Department
202of Children and Family Services may grant exemptions from
203disqualification from working with children as provided in s.
204435.07.
205     (d)  Notwithstanding s. 435.04 or s. 435.07, a person may
206be disqualified from employment or denied an exemption from
207disqualification if such person fails to satisfy the requirement
208of good moral character as evidenced by acts and conduct which
209would cause a reasonable person to have substantial doubts about
210an individual's honesty, fairness, and respect for the rights of
211others and for the laws of the state and nation. An assessment
212of good moral character must incorporate consideration of
213criminal history information documenting arrests or convictions
214of the individual.
215     (e)  Beginning December 15, 2004, all fingerprint
216information submitted to the Department of Law Enforcement by
217the Department of Juvenile Justice as required under this
218section, shall be retained by the Department and entered in the
219statewide automated fingerprint identification system specified
220under s. 943.05(2)(b). Such fingerprint information shall
221thereafter be available for all purposes and uses authorized for
222fingerprint information entered in the statewide automated
223fingerprint identification system pursuant to s. 943.051.
224     (f)  Beginning December 15, 2004, the Department of Law
225Enforcement shall search all arrest fingerprint cards received
226pursuant to s. 943.051 against the fingerprint information
227retained in the statewide automated fingerprint identification
228system pursuant to this section. Any arrest records which are
229thus identified with the retained employee fingerprint
230information shall be reported to the Department of Juvenile
231Justice.
232     (g)  By January 1, 2005, Department of Juvenile Justice
233personnel whose fingerprints are not retained by the Department
234of Law Enforcement pursuant to this section are required to be
235refingerprinted pursuant to chapter 435, using the level 2
236standards.
237     (h)  The Department of Juvenile Justice shall pay an annual
238fee to the Department of Law Enforcement and shall inform the
239Department of Law Enforcement of any change in the employment or
240contractual status of the personnel whose fingerprint
241information is retained under this section, as well as any
242change in the place of employment of such personnel or change in
243the place where contractual services are provided by such
244personnel. The Department of Law Enforcement shall establish the
245following by administrative rule, in accordance with the
246requirements of chapter 120:
247     1.  The amount of the annual fee to be remitted by the
248Department of Juvenile Justice to the Department of Law
249Enforcement for performing searches under this section.
250     2.  Procedures for the retention of the fingerprint
251information concerning employees or contractual personnel.
252     3.  Procedures for the dissemination of the results of
253searches conducted under this section.
254
255The amount of the fee shall not exceed $10.00 per person per
256year. Responsibility for payment of the fee may be borne by the
257Department of Juvenile Justice, an employee, or a person under
258contract to the Department of Juvenile Justice.
259     Section 6.  Subsection (4) of section 985.407, Florida
260Statutes, is amended, and subsection (6) is added to said
261section, to read:
262     985.407  Departmental contracting powers; personnel
263standards and screening.--
264     (4)  The department shall require employment screening
265pursuant to chapter 435, using the level 1 standards for
266screening set forth in that chapter, for Personnel in
267delinquency facilities, services, and programs must abide by all
268of the provisions of s. 985.01(2) that provide for
269fingerprinting, background investigations, and other screening
270requirements for such personnel.
271     (6)  Notwithstanding s. 435.04 or s. 435.07, a person may
272be disqualified from employment or denied an exemption from
273disqualification if such person fails to satisfy the requirement
274of good moral character as evidenced by acts and conduct which
275would cause a reasonable person to have substantial doubts about
276an individual's honesty, fairness, and respect for the rights of
277others and for the laws of the state and nation. An assessment
278of good moral character must incorporate consideration of
279criminal history information documenting arrests or convictions
280of the individual.
281     Section 7.  Paragraph (a) of subsection (2) of section
282400.215, Florida Statutes, is reenacted to read:
283     400.215  Personnel screening requirement.--
284     (2)  Employers and employees shall comply with the
285requirements of s. 435.05.
286     (a)  Notwithstanding the provisions of s. 435.05(1),
287facilities must have in their possession evidence that level 1
288screening has been completed before allowing an employee to
289begin working with patients as provided in subsection (1). All
290information necessary for conducting background screening using
291level 1 standards as specified in s. 435.03(1) shall be
292submitted by the nursing facility to the agency. Results of the
293background screening shall be provided by the agency to the
294requesting nursing facility.
295     Section 8.  For the purpose of incorporating the amendment
296to section 985.407, Florida Statutes, in a reference thereto,
297subsection (3) of section 400.953, Florida Statutes, is
298reenacted to read:
299     400.953  Background screening of home medical equipment
300provider personnel.--The agency shall require employment
301screening as provided in chapter 435, using the level 1
302standards for screening set forth in that chapter, for home
303medical equipment provider personnel.
304     (3)  Proof of compliance with the screening requirements of
305s. 110.1127, s. 393.0655, s. 394.4572, s. 397.451, s. 402.305,
306s. 402.313, s. 409.175, s. 464.008, or s. 985.407 or this part
307must be accepted in lieu of the requirements of this section if
308the person has been continuously employed in the same type of
309occupation for which he or she is seeking employment without a
310breach in service that exceeds 180 days, the proof of compliance
311is not more than 2 years old, and the person has been screened
312by the Department of Law Enforcement. An employer or contractor
313shall directly provide proof of compliance to another employer
314or contractor, and a potential employer or contractor may not
315accept any proof of compliance directly from the person
316requiring screening. Proof of compliance with the screening
317requirements of this section shall be provided, upon request, to
318the person screened by the home medical equipment provider.
319     Section 9.  For the purpose of incorporating the amendment
320to section 985.407, Florida Statutes, in a reference thereto,
321paragraph (a) of subsection (4) of section 943.0585, Florida
322Statutes, is reenacted to read:
323     943.0585  Court-ordered expunction of criminal history
324records.--The courts of this state have jurisdiction over their
325own procedures, including the maintenance, expunction, and
326correction of judicial records containing criminal history
327information to the extent such procedures are not inconsistent
328with the conditions, responsibilities, and duties established by
329this section. Any court of competent jurisdiction may order a
330criminal justice agency to expunge the criminal history record
331of a minor or an adult who complies with the requirements of
332this section. The court shall not order a criminal justice
333agency to expunge a criminal history record until the person
334seeking to expunge a criminal history record has applied for and
335received a certificate of eligibility for expunction pursuant to
336subsection (2). A criminal history record that relates to a
337violation of s. 787.025, chapter 794, s. 796.03, s. 800.04, s.
338817.034, s. 825.1025, s. 827.071, chapter 839, s. 847.0133, s.
339847.0135, s. 847.0145, s. 893.135, or a violation enumerated in
340s. 907.041 may not be expunged, without regard to whether
341adjudication was withheld, if the defendant was found guilty of
342or pled guilty or nolo contendere to the offense, or if the
343defendant, as a minor, was found to have committed, or pled
344guilty or nolo contendere to committing, the offense as a
345delinquent act. The court may only order expunction of a
346criminal history record pertaining to one arrest or one incident
347of alleged criminal activity, except as provided in this
348section. The court may, at its sole discretion, order the
349expunction of a criminal history record pertaining to more than
350one arrest if the additional arrests directly relate to the
351original arrest. If the court intends to order the expunction of
352records pertaining to such additional arrests, such intent must
353be specified in the order. A criminal justice agency may not
354expunge any record pertaining to such additional arrests if the
355order to expunge does not articulate the intention of the court
356to expunge a record pertaining to more than one arrest. This
357section does not prevent the court from ordering the expunction
358of only a portion of a criminal history record pertaining to one
359arrest or one incident of alleged criminal activity.
360Notwithstanding any law to the contrary, a criminal justice
361agency may comply with laws, court orders, and official requests
362of other jurisdictions relating to expunction, correction, or
363confidential handling of criminal history records or information
364derived therefrom. This section does not confer any right to the
365expunction of any criminal history record, and any request for
366expunction of a criminal history record may be denied at the
367sole discretion of the court.
368     (4)  EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.--Any
369criminal history record of a minor or an adult which is ordered
370expunged by a court of competent jurisdiction pursuant to this
371section must be physically destroyed or obliterated by any
372criminal justice agency having custody of such record; except
373that any criminal history record in the custody of the
374department must be retained in all cases. A criminal history
375record ordered expunged that is retained by the department is
376confidential and exempt from the provisions of s. 119.07(1) and
377s. 24(a), Art. I of the State Constitution and not available to
378any person or entity except upon order of a court of competent
379jurisdiction. A criminal justice agency may retain a notation
380indicating compliance with an order to expunge.
381     (a)  The person who is the subject of a criminal history
382record that is expunged under this section or under other
383provisions of law, including former s. 893.14, former s. 901.33,
384and former s. 943.058, may lawfully deny or fail to acknowledge
385the arrests covered by the expunged record, except when the
386subject of the record:
387     1.  Is a candidate for employment with a criminal justice
388agency;
389     2.  Is a defendant in a criminal prosecution;
390     3.  Concurrently or subsequently petitions for relief under
391this section or s. 943.059;
392     4.  Is a candidate for admission to The Florida Bar;
393     5.  Is seeking to be employed or licensed by or to contract
394with the Department of Children and Family Services or the
395Department of Juvenile Justice or to be employed or used by such
396contractor or licensee in a sensitive position having direct
397contact with children, the developmentally disabled, the aged,
398or the elderly as provided in s. 110.1127(3), s. 393.063(15), s.
399394.4572(1), s. 397.451, s. 402.302(3), s. 402.313(3), s.
400409.175(2)(i), s. 415.102(4), s. 985.407, or chapter 400; 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 that
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 (a) of subsection (4) of section 943.059, Florida
409Statutes, is reenacted to read:
410     943.059  Court-ordered sealing of criminal history
411records.--The courts of this state shall continue to have
412jurisdiction over their own procedures, including the
413maintenance, sealing, and correction of judicial records
414containing criminal history information to the extent such
415procedures are not inconsistent with the conditions,
416responsibilities, and duties established by this section. Any
417court of competent jurisdiction may order a criminal justice
418agency to seal the criminal history record of a minor or an
419adult who complies with the requirements of this section. The
420court shall not order a criminal justice agency to seal a
421criminal history record until the person seeking to seal a
422criminal history record has applied for and received a
423certificate of eligibility for sealing pursuant to subsection
424(2). A criminal history record that relates to a violation of s.
425787.025, chapter 794, s. 796.03, s. 800.04, s. 817.034, s.
426825.1025, s. 827.071, chapter 839, s. 847.0133, s. 847.0135, s.
427847.0145, s. 893.135, or a violation enumerated in s. 907.041
428may not be sealed, without regard to whether adjudication was
429withheld, if the defendant was found guilty of or pled guilty or
430nolo contendere to the offense, or if the defendant, as a minor,
431was found to have committed or pled guilty or nolo contendere to
432committing the offense as a delinquent act. The court may only
433order sealing of a criminal history record pertaining to one
434arrest or one incident of alleged criminal activity, except as
435provided in this section. The court may, at its sole discretion,
436order the sealing of a criminal history record pertaining to
437more than one arrest if the additional arrests directly relate
438to the original arrest. If the court intends to order the
439sealing of records pertaining to such additional arrests, such
440intent must be specified in the order. A criminal justice agency
441may not seal any record pertaining to such additional arrests if
442the order to seal does not articulate the intention of the court
443to seal records pertaining to more than one arrest. This section
444does not prevent the court from ordering the sealing of only a
445portion of a criminal history record pertaining to one arrest or
446one incident of alleged criminal activity. Notwithstanding any
447law to the contrary, a criminal justice agency may comply with
448laws, court orders, and official requests of other jurisdictions
449relating to sealing, correction, or confidential handling of
450criminal history records or information derived therefrom. This
451section does not confer any right to the sealing of any criminal
452history record, and any request for sealing a criminal history
453record may be denied at the sole discretion of the court.
454     (4)  EFFECT OF CRIMINAL HISTORY RECORD SEALING.--A criminal
455history record of a minor or an adult which is ordered sealed by
456a court of competent jurisdiction pursuant to this section is
457confidential and exempt from the provisions of s. 119.07(1) and
458s. 24(a), Art. I of the State Constitution and is available only
459to the person who is the subject of the record, to the subject's
460attorney, to criminal justice agencies for their respective
461criminal justice purposes, or to those entities set forth in
462subparagraphs (a)1., 4., 5., and 6. for their respective
463licensing and employment purposes.
464     (a)  The subject of a criminal history record sealed under
465this section or under other provisions of law, including former
466s. 893.14, former s. 901.33, and former s. 943.058, may lawfully
467deny or fail to acknowledge the arrests covered by the sealed
468record, except when the subject of the record:
469     1.  Is a candidate for employment with a criminal justice
470agency;
471     2.  Is a defendant in a criminal prosecution;
472     3.  Concurrently or subsequently petitions for relief under
473this section or s. 943.0585;
474     4.  Is a candidate for admission to The Florida Bar;
475     5.  Is seeking to be employed or licensed by or to contract
476with the Department of Children and Family Services or the
477Department of Juvenile Justice or to be employed or used by such
478contractor or licensee in a sensitive position having direct
479contact with children, the developmentally disabled, the aged,
480or the elderly as provided in s. 110.1127(3), s. 393.063(15), s.
481394.4572(1), s. 397.451, s. 402.302(3), s. 402.313(3), s.
482409.175(2)(i), s. 415.102(4), s. 415.103, s. 985.407, or chapter
483400; or
484     6.  Is seeking to be employed or licensed by the Office of
485Teacher Education, Certification, Staff Development, and
486Professional Practices of the Department of Education, any
487district school board, or any local governmental entity which
488licenses child care facilities.
489     Section 11.  For the purpose of incorporating the amendment
490to section 985.407, Florida Statutes, in a reference thereto,
491paragraph (e) of subsection (4) of section 985.05, Florida
492Statutes, is reenacted to read:
493     985.05  Court records.--
494     (4)  A court record of proceedings under this part is not
495admissible in evidence in any other civil or criminal
496proceeding, except that:
497     (e)  Records of proceedings under this part may be used to
498prove disqualification pursuant to ss. 110.1127, 393.0655,
499394.457, 397.451, 402.305, 402.313, 409.175, 409.176, and
500985.407.
501     Section 12.  This act shall take effect upon becoming a
502law.


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