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