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