Florida Senate - 2022 CS for SB 1830
By the Committee on Criminal Justice; and Senators Brodeur and
Book
591-02596-22 20221830c1
1 A bill to be entitled
2 An act relating to background screenings; amending s.
3 435.02, F.S.; defining the term “educational
4 entities”; amending s. 435.04, F.S.; deleting obsolete
5 language; amending s. 435.12, F.S.; authorizing
6 criminal history results to be provided to and shared
7 between certain parties; providing that existing
8 retention provisions apply to persons included in the
9 Care Provider Background Screening Clearinghouse;
10 removing obsolete language; amending s. 943.0438,
11 F.S.; requiring an independent sanctioning authority
12 to conduct level 2 background screenings of current
13 and prospective athletic coaches; requiring specified
14 entities to participate in a certain criminal history
15 system; amending s. 943.05, F.S.; deleting provisions
16 concerning conditions precedent to the retention of
17 certain fingerprints; requiring the Criminal Justice
18 Information Program to develop a certain
19 identification method; amending s. 943.0542, F.S.;
20 requiring specified entities to initiate criminal
21 history checks through the clearinghouse; requiring
22 the Department of Law Enforcement to audit certain
23 entities; requiring certain fingerprints to be entered
24 into the clearinghouse; requiring a waiver to include
25 specified information; prohibiting providers of child
26 care from specified associations with certain persons;
27 deleting a requirement that the Department of Law
28 Enforcement establish a certain database; amending s.
29 1002.33, F.S.; prohibiting a charter school from
30 employing specified persons; amending s. 1012.32,
31 F.S.; revising the procedure for background
32 screenings; expanding the types of background
33 screenings used by certain schools; deleting the right
34 to appeal certain terminations; deleting provisions
35 specifying financial responsibility and reimbursement
36 for background screenings; providing requirements of
37 and procedures for background screenings; providing
38 responsibility for background screening costs;
39 amending ss. 1012.465, 1012.467, and 1012.56, F.S.;
40 conforming provisions to changes made by the act;
41 providing an effective date.
42
43 Be It Enacted by the Legislature of the State of Florida:
44
45 Section 1. Present subsections (2) through (6) of section
46 435.02, Florida Statutes, are redesignated as subsections (3)
47 through (7), respectively, and a new subsection (2) is added to
48 that section, to read:
49 435.02 Definitions.—For the purposes of this chapter, the
50 term:
51 (2) “Educational entities” means the Department of
52 Education, each district unit under s. 1001.30, special district
53 units under s. 1011.24, the Florida School for the Deaf and the
54 Blind under s. 1002.36, the Florida Virtual School under s.
55 1002.37, virtual instruction programs under s. 1002.45, charter
56 schools under s. 1002.33, hope operators under s. 1002.333, and
57 alternative schools under s. 1008.341.
58 Section 2. Paragraphs (b) and (d) of subsection (1) of
59 section 435.04, Florida Statutes, are amended to read:
60 435.04 Level 2 screening standards.—
61 (1)
62 (b) Fingerprints submitted pursuant to this section on or
63 after July 1, 2012, must be submitted electronically to the
64 Department of Law Enforcement.
65 (d) An agency may require by rule that fingerprints
66 submitted pursuant to this section must be submitted
67 electronically to the Department of Law Enforcement on a date
68 earlier than July 1, 2012.
69 Section 3. Section 435.12, Florida Statutes, is amended to
70 read:
71 435.12 Care Provider Background Screening Clearinghouse.—
72 (1) The Agency for Health Care Administration in
73 consultation with the Department of Law Enforcement shall create
74 a secure web-based system, which shall be known as the “Care
75 Provider Background Screening Clearinghouse” or
76 “clearinghouse.,” and which shall be implemented to the full
77 extent practicable no later than September 30, 2013, subject to
78 the specified agencies being funded and equipped to participate
79 in such program. The clearinghouse shall allow the results of
80 criminal history checks provided to the:
81 (a) Specified agencies for screening of persons qualified
82 as care providers under s. 943.0542 to be shared among the
83 specified agencies when a person has applied to volunteer, be
84 employed, be licensed, or enter into a contract that requires a
85 state and national fingerprint-based criminal history check.
86 (b) Educational entities for screening of instructional and
87 noninstructional personnel under ss. 1012.32, 1012.465, and
88 1012.56 to be shared among educational entities when a person
89 has applied to be employed, be licensed, or enter into a
90 contract that requires a state and national fingerprint-based
91 criminal history check.
92 (c) Educational entities for screening of persons under s.
93 1012.467 to be shared among educational entities when a person
94 has applied to be employed or enter into a contract that
95 requires a state and national fingerprint-based criminal history
96 check.
97 (d) Qualified entities for screening of persons qualified
98 as care providers under s. 943.0542 to be shared among the
99 qualified entities when a person has applied to volunteer, be
100 employed, or enter into a contract that requires a state and
101 national fingerprint-based criminal history check.
102 (e) Early learning coalitions for screening of persons
103 under s. 1002.55 to be shared among early learning coalitions
104 when a person has applied to be employed or enter into a
105 contract that requires a state and national fingerprint-based
106 criminal history check.
107
108 The Agency for Health Care Administration and the Department of
109 Law Enforcement may adopt rules to create forms or implement
110 procedures needed to carry out this section.
111 (2)(a) To ensure that the information in the clearinghouse
112 is current, the fingerprints of a person an employee required to
113 be screened by a specified agency and included in the
114 clearinghouse must be:
115 1. Retained by the Department of Law Enforcement pursuant
116 to s. 943.05(2)(g) and (h) and (3), and the Department of Law
117 Enforcement must report the results of searching those
118 fingerprints against state incoming arrest fingerprint
119 submissions to the Agency for Health Care Administration for
120 inclusion in the clearinghouse.
121 2. Retained by the Federal Bureau of Investigation in the
122 national retained print arrest notification program as soon as
123 the Department of Law Enforcement begins participation in such
124 program. Arrest prints will be searched against retained prints
125 at the Federal Bureau of Investigation and notification of
126 arrests will be forwarded to the Florida Department of Law
127 Enforcement and reported to the Agency for Health Care
128 Administration for inclusion in the clearinghouse.
129 3. Resubmitted for a Federal Bureau of Investigation
130 national criminal history check every 5 years until such time as
131 the fingerprints are retained by the Federal Bureau of
132 Investigation.
133 4. Subject to retention on a 5-year renewal basis with fees
134 collected at the time of initial submission or resubmission of
135 fingerprints.
136 5. Submitted with a photograph of the person taken at the
137 time the fingerprints are submitted.
138 (b) Until such time as the fingerprints are enrolled in the
139 national retained print arrest notification program at the
140 Federal Bureau of Investigation, a person included in the
141 clearinghouse an employee with a break in service of more than
142 90 days from a position that requires screening by a specified
143 agency must submit to a national screening if the person returns
144 to a position that requires screening by a specified agency.
145 (c) An employer of persons subject to screening by a
146 specified agency must register with the clearinghouse and
147 maintain the employment status of all employees within the
148 clearinghouse. Initial employment status and any changes in
149 status must be reported within 10 business days.
150 (d) An employer must register with and initiate all
151 criminal history checks through the clearinghouse before
152 referring an employee or potential employee for electronic
153 fingerprint submission to the Department of Law Enforcement. The
154 registration must include the employee’s full first name, middle
155 initial, and last name; social security number; date of birth;
156 mailing address; sex; and race. Individuals, persons,
157 applicants, and controlling interests that cannot legally obtain
158 a social security number must provide an individual taxpayer
159 identification number.
160 (3) An employee who has undergone a fingerprint-based
161 criminal history check by a specified agency before the
162 clearinghouse is operational is not required to be checked again
163 solely for the purpose of entry in the clearinghouse. Every
164 employee who is or will become subject to fingerprint-based
165 criminal history checks to be eligible to be licensed, have
166 their license renewed, or meet screening or rescreening
167 requirements by a specified agency once the specified agency
168 participates in the clearinghouse shall be subject to the
169 requirements of this section with respect to entry of records in
170 the clearinghouse and retention of fingerprints for reporting
171 the results of searching against state incoming arrest
172 fingerprint submissions.
173 Section 4. Paragraphs (a) and (b) of subsection (2) and
174 subsection (4) of section 943.0438, Florida Statutes, are
175 amended to read:
176 943.0438 Athletic coaches for independent sanctioning
177 authorities.—
178 (2) An independent sanctioning authority shall:
179 (a)1. Conduct a level 2 1 background screening pursuant to
180 s. 435.04 s. 435.03 of each current and prospective athletic
181 coach. The authority may not delegate this responsibility to an
182 individual team and may not authorize any person to act as an
183 athletic coach unless a level 2 1 background screening has been
184 is conducted and has does not resulted result in
185 disqualification under paragraph (b). Level 1 background
186 screenings shall be conducted annually for each athletic coach.
187 For purposes of this section, a background screening shall
188 include a search of the athletic coach’s name or other
189 identifying information against state and federal registries of
190 sexual predators and sexual offenders, which are available to
191 the public on Internet sites provided by:
192 a. The Department of Law Enforcement under s. 943.043; and
193 b. The Attorney General of the United States under 42
194 U.S.C. s. 16920.
195 2. For purposes of this section, a background screening
196 conducted by a commercial consumer reporting agency in
197 compliance with the federal Fair Credit Reporting Act using the
198 identifying information referenced in subparagraph 1. that
199 includes a level 1 background screening and a search of that
200 information against the sexual predator and sexual offender
201 Internet sites listed in sub-subparagraphs 1.a. and b. shall be
202 deemed to satisfy the requirements of this paragraph.
203 (b) Disqualify any person from acting as an athletic coach
204 as provided in s. 435.04 s. 435.03 or if he or she is identified
205 on a registry described in paragraph (a). The authority may
206 allow a person disqualified under this paragraph to act as an
207 athletic coach if it determines that the person meets the
208 requirements for an exemption from disqualification under s.
209 435.07; however, an exemption may not be granted for an offense
210 listed under s. 435.07(4)(c).
211 (4) The Legislature encourages Independent sanctioning
212 authorities for youth athletic teams shall to participate in the
213 Volunteer and Employee Criminal History System, as authorized by
214 the National Child Protection Act of 1993 and s. 943.0542.
215 Section 5. Paragraphs (g) and (h) of subsection (2) of
216 section 943.05, Florida Statutes, are amended, and paragraph (i)
217 is added to that subsection, to read:
218 943.05 Criminal Justice Information Program; duties; crime
219 reports.—
220 (2) The program shall:
221 (g) Upon official written request, and subject to the
222 department having sufficient funds and equipment to participate
223 in such a request, from the agency executive director or
224 secretary or from his or her designee, or from qualified
225 entities participating in the volunteer and employee criminal
226 history screening system under s. 943.0542, or as otherwise
227 required by law, Retain fingerprints submitted by criminal and
228 noncriminal justice agencies to the department for a criminal
229 history background screening as provided by rule and enter the
230 fingerprints in the statewide automated biometric identification
231 system authorized by paragraph (b). Such fingerprints shall
232 thereafter be available for all purposes and uses authorized for
233 arrest fingerprint submissions entered into the statewide
234 automated biometric identification system pursuant to s.
235 943.051.
236 (h) For each agency or qualified entity that officially
237 requests retention of fingerprints or for which retention is
238 otherwise required by law, Search all arrest fingerprint
239 submissions received under s. 943.051 against the fingerprints
240 retained in the statewide automated biometric identification
241 system under paragraph (g).
242 1. Any arrest record that is identified with the retained
243 fingerprints of a person subject to background screening as
244 provided in paragraph (g) shall be reported to the appropriate
245 agency or qualified entity.
246 2. To participate in this search process, agencies or
247 qualified entities must notify each person fingerprinted that
248 his or her fingerprints will be retained, pay an annual fee to
249 the department unless otherwise provided by law, and inform the
250 department of any change in the affiliation, employment, or
251 contractual status of each person whose fingerprints are
252 retained under paragraph (g) if such change removes or
253 eliminates the agency or qualified entity’s basis or need for
254 receiving reports of any arrest of that person, so that the
255 agency or qualified entity is not obligated to pay the upcoming
256 annual fee for the retention and searching of that person’s
257 fingerprints to the department. The department shall adopt a
258 rule setting the amount of the annual fee to be imposed upon
259 each participating agency or qualified entity for performing
260 these searches and establishing the procedures for the retention
261 of fingerprints and the dissemination of search results. The fee
262 may be borne by the agency, qualified entity, or person subject
263 to fingerprint retention or as otherwise provided by law.
264 Consistent with the recognition of criminal justice agencies
265 expressed in s. 943.053(3), these services shall be provided to
266 criminal justice agencies for criminal justice purposes free of
267 charge. Qualified entities that elect to participate in the
268 fingerprint retention and search process are required to timely
269 remit the fee to the department by a payment mechanism approved
270 by the department. If requested by the qualified entity, and
271 with the approval of the department, such fees may be timely
272 remitted to the department by a qualified entity upon receipt of
273 an invoice for such fees from the department. Failure of a
274 qualified entity to pay the amount due on a timely basis or as
275 invoiced by the department may result in the refusal by the
276 department to permit the qualified entity to continue to
277 participate in the fingerprint retention and search process
278 until all fees due and owing are paid.
279 3. Agencies that participate in the fingerprint retention
280 and search process may adopt rules pursuant to ss. 120.536(1)
281 and 120.54 to require employers to keep the agency informed of
282 any change in the affiliation, employment, or contractual status
283 of each person whose fingerprints are retained under paragraph
284 (g) if such change removes or eliminates the agency’s basis or
285 need for receiving reports of any arrest of that person, so that
286 the agency is not obligated to pay the upcoming annual fee for
287 the retention and searching of that person’s fingerprints to the
288 department.
289 (i) Develop a method for establishing identification
290 through automated biometrics, which may include, but is not
291 limited to, the use of latent fingerprints, palm prints, facial
292 recognition, or retina scans.
293 Section 6. Subsections (2) through (5) and (7) of section
294 943.0542, Florida Statutes, are amended to read:
295 943.0542 Access to criminal history information provided by
296 the department to qualified entities.—
297 (2)(a) A qualified entity must register and initiate all
298 criminal history checks through the Care Provider Background
299 Screening Clearinghouse created under s. 435.12 with the
300 department before submitting a request for screening under this
301 section. Each such request must be voluntary and conform to the
302 requirements established in the National Child Protection Act of
303 1993, as amended. As a part of the registration, the qualified
304 entity must agree to comply with state and federal law and must
305 so indicate by signing an agreement approved by the department.
306 The department shall may periodically audit qualified entities
307 to ensure compliance with federal law and this section.
308 (b) All fingerprints received under this section shall be
309 entered into the clearinghouse as provided in s. 435.12 A
310 qualified entity shall submit to the department a request for
311 screening an employee or volunteer or person applying to be an
312 employee or volunteer by submitting fingerprints, or the request
313 may be submitted electronically. The qualified entity must
314 maintain a signed waiver allowing the release of the state and
315 national criminal history record information to the qualified
316 entity. The waiver must include a statement that the department
317 shall retain the fingerprints of the criminal history background
318 screening of each employee or volunteer as provided by rule and
319 enter the fingerprints in the statewide automated biometric
320 identification method under s. 943.05(2)(i).
321 (c) Each such request must be accompanied by payment of a
322 fee for a statewide criminal history check by the department
323 established by s. 943.053, plus the amount currently prescribed
324 by the Federal Bureau of Investigation for the national criminal
325 history check in compliance with the National Child Protection
326 Act of 1993, as amended. Payments must be made in the manner
327 prescribed by the department by rule.
328 (d) Any current or prospective employee or volunteer who is
329 subject to a request for screening must indicate to the
330 qualified entity submitting the request the name and address of
331 each qualified entity that has submitted a previous request for
332 screening regarding that employee or volunteer.
333 (3) The Care Provider Background Screening Clearinghouse
334 department shall provide directly to the qualified entity the
335 state criminal history records that are not exempt from
336 disclosure under chapter 119 or otherwise confidential under
337 law. A person who is the subject of a state criminal history
338 record may challenge the record only as provided in s. 943.056.
339 (4) The national criminal history data is available to
340 qualified entities to use only for the purpose of screening
341 employees and volunteers or persons applying to be an employee
342 or volunteer with a qualified entity. The Care Provider
343 Background Screening Clearinghouse department shall provide this
344 national criminal history record information directly to the
345 qualified entity as authorized by the written waiver required
346 for submission of a request to the department.
347 (5) The determination whether the criminal history record
348 shows that the employee or volunteer has been convicted of or is
349 under pending indictment for any crime that bears upon the
350 fitness of the employee or volunteer to have responsibility for
351 the safety and well-being of children, the elderly, or disabled
352 persons shall solely be made by the qualified entity. A
353 qualified entity that provides care to children may not employ
354 or allow a volunteer who is ineligible for an exemption under s.
355 435.07(4)(c). This section does not require the department to
356 make such a determination on behalf of any qualified entity.
357 (7) The department may establish a database of registered
358 qualified entities and make this data available free of charge
359 to all registered qualified entities. The database must include,
360 at a minimum, the name, address, and phone number of each
361 qualified entity.
362 Section 7. Paragraph (g) of subsection (12) of section
363 1002.33, Florida Statutes, is amended to read:
364 1002.33 Charter schools.—
365 (12) EMPLOYEES OF CHARTER SCHOOLS.—
366 (g)1. A charter school shall employ or contract with
367 employees who have undergone background screening as provided in
368 s. 1012.32. Members of the governing board of the charter school
369 shall also undergo background screening in a manner similar to
370 that provided in s. 1012.32. An individual may not be employed
371 as an employee or contract personnel of a charter school or
372 serve as a member of a charter school governing board if the
373 individual is on the disqualification list maintained by the
374 department pursuant to s. 1001.10(4)(b).
375 2. A charter school shall prohibit educational support
376 employees, instructional personnel, and school administrators,
377 as defined in s. 1012.01, from employment in any position that
378 requires direct contact with students if the employees,
379 personnel, or administrators are ineligible for such employment
380 under s. 435.04(2) or (3) or s. 1012.315 or have been terminated
381 or have resigned in lieu of termination for sexual misconduct
382 with a student. If the prohibited conduct occurs while employed,
383 a charter school must report the individual and the
384 disqualifying circumstances to the department for inclusion on
385 the disqualification list maintained pursuant to s.
386 1001.10(4)(b).
387 3. The governing board of a charter school shall adopt
388 policies establishing standards of ethical conduct for
389 educational support employees, instructional personnel, and
390 school administrators. The policies must require all educational
391 support employees, instructional personnel, and school
392 administrators, as defined in s. 1012.01, to complete training
393 on the standards; establish the duty of educational support
394 employees, instructional personnel, and school administrators to
395 report, and procedures for reporting, alleged misconduct that
396 affects the health, safety, or welfare of a student; and include
397 an explanation of the liability protections provided under ss.
398 39.203 and 768.095. A charter school, or any of its employees,
399 may not enter into a confidentiality agreement regarding
400 terminated or dismissed educational support employees,
401 instructional personnel, or school administrators, or employees,
402 personnel, or administrators who resign in lieu of termination,
403 based in whole or in part on misconduct that affects the health,
404 safety, or welfare of a student, and may not provide employees,
405 personnel, or administrators with employment references or
406 discuss the employees’, personnel’s, or administrators’
407 performance with prospective employers in another educational
408 setting, without disclosing the employees’, personnel’s, or
409 administrators’ misconduct. Any part of an agreement or contract
410 that has the purpose or effect of concealing misconduct by
411 educational support employees, instructional personnel, or
412 school administrators which affects the health, safety, or
413 welfare of a student is void, is contrary to public policy, and
414 may not be enforced.
415 4. Before employing an individual in any position that
416 requires direct contact with students, a charter school shall
417 conduct employment history checks of each individual through use
418 of the educator screening tools described in s. 1001.10(5), and
419 document the findings. If unable to contact a previous employer,
420 the charter school must document efforts to contact the
421 employer.
422 5. The sponsor of a charter school that knowingly fails to
423 comply with this paragraph shall terminate the charter under
424 subsection (8).
425 Section 8. Subsections (2) and (3) of section 1012.32,
426 Florida Statutes, are amended to read:
427 1012.32 Qualifications of personnel.—
428 (2)(a) Instructional and noninstructional personnel who are
429 hired or contracted to fill positions that require direct
430 contact with students in any district school system or
431 university lab school must, upon employment or engagement to
432 provide services, undergo background screening as required under
433 s. 1012.465 or s. 1012.56, whichever is applicable.
434 (b)1. Instructional and noninstructional personnel who are
435 hired or contracted to fill positions in a charter school other
436 than a school of hope as defined in s. 1002.333, and members of
437 the governing board of such charter school, in compliance with
438 s. 1002.33(12)(g), upon employment, engagement of services, or
439 appointment, shall undergo background screening as required
440 under s. 1012.465 or s. 1012.56, whichever is applicable, by
441 filing with the district school board for the school district in
442 which the charter school is located a complete set of
443 fingerprints taken by an authorized law enforcement agency or an
444 employee of the school or school district who is trained to take
445 fingerprints.
446 2. Instructional and noninstructional personnel who are
447 hired or contracted to fill positions in a school of hope as
448 defined in s. 1002.333, and members of the governing board of
449 such school of hope, upon employment, engagement of services, or
450 appointment, shall undergo background screening as required
451 under s. 1012.465 or s. 1012.56, whichever is applicable file
452 with the school of hope a complete set of fingerprints taken by
453 an authorized law enforcement agency, by an employee of the
454 school of hope or school district who is trained to take
455 fingerprints, or by any other entity recognized by the
456 Department of Law Enforcement to take fingerprints.
457 (c) Instructional and noninstructional personnel who are
458 hired or contracted to fill positions that require direct
459 contact with students in an alternative school that operates
460 under contract with a district school system must, upon
461 employment or engagement to provide services, undergo background
462 screening as required under s. 1012.465 or s. 1012.56, whichever
463 is applicable, by filing with the district school board for the
464 school district to which the alternative school is under
465 contract a complete set of fingerprints taken by an authorized
466 law enforcement agency or an employee of the school or school
467 district who is trained to take fingerprints.
468 (d) Student teachers and persons participating in a field
469 experience pursuant to s. 1004.04(5) or s. 1004.85 in any
470 district school system, lab school, or charter school must, upon
471 engagement to provide services, undergo background screening as
472 required under s. 1012.56.
473
474 Required fingerprints must be submitted to the Department of Law
475 Enforcement for statewide criminal and juvenile records checks
476 and to the Federal Bureau of Investigation for federal criminal
477 records checks. A person subject to this subsection who is found
478 ineligible for employment under s. 435.04(2) or (3) or s.
479 1012.315, or otherwise found through background screening to
480 have been convicted of any crime involving moral turpitude as
481 defined by rule of the State Board of Education, shall not be
482 employed, engaged to provide services, or serve in any position
483 that requires direct contact with students. Probationary persons
484 subject to this subsection terminated because of their criminal
485 record have the right to appeal such decisions. The cost of the
486 background screening may be borne by the district school board,
487 the charter school, the employee, the contractor, or a person
488 subject to this subsection. A district school board shall
489 reimburse a charter school the cost of background screening if
490 it does not notify the charter school of the eligibility of a
491 governing board member or instructional or noninstructional
492 personnel within the earlier of 14 days after receipt of the
493 background screening results from the Florida Department of Law
494 Enforcement or 30 days of submission of fingerprints by the
495 governing board member or instructional or noninstructional
496 personnel.
497 (3) A background screening required under this chapter must
498 comply with the requirements of s. 435.12. Each educational
499 entity as defined in s. 435.02 shall register with, and initiate
500 criminal history checks through, the Care Provider Background
501 Screening Clearinghouse as provided in s. 435.12. All
502 fingerprints must be submitted through an educational entity or
503 a vendor approved by the Department of Law Enforcement. All
504 fingerprints must be submitted electronically to the Department
505 of Law Enforcement for state processing, and the Department of
506 Law Enforcement shall forward the fingerprints to the Federal
507 Bureau of Investigation for national processing. For any
508 subsequent background screening that requires a national
509 criminal history check, the Department of Law Enforcement must
510 forward the retained fingerprints of the individual to the
511 Federal Bureau of Investigation unless the fingerprints are
512 enrolled in the national retained print arrest notification
513 program. All fingerprints submitted to the Department of Law
514 Enforcement shall be retained by the Department of Law
515 Enforcement as provided under s. 943.05(2)(g) and (h) and (3)
516 and enrolled in the national retained print arrest notification
517 program at the Federal Bureau of Investigation when the
518 Department of Law Enforcement begins participation in the
519 program. The cost of the background screening may be borne by
520 the educational entity, the employee, the contractor, or a
521 person subject to background screening
522 (a) All fingerprints submitted to the Department of Law
523 Enforcement as required by subsection (2) shall be retained by
524 the Department of Law Enforcement in a manner provided by rule
525 and entered in the statewide automated biometric identification
526 system authorized by s. 943.05(2)(b). Such fingerprints shall
527 thereafter be available for all purposes and uses authorized for
528 arrest fingerprints entered in the statewide automated biometric
529 identification system pursuant to s. 943.051.
530 (b) The Department of Law Enforcement shall search all
531 arrest fingerprints received under s. 943.051 against the
532 fingerprints retained in the statewide automated biometric
533 identification system under paragraph (a). Any arrest record
534 that is identified with the retained fingerprints of a person
535 subject to the background screening under this section shall be
536 reported to the employing or contracting school district or the
537 school district with which the person is affiliated. Each school
538 district is required to participate in this search process by
539 payment of an annual fee to the Department of Law Enforcement
540 and by informing the Department of Law Enforcement of any change
541 in the affiliation, employment, or contractual status or place
542 of affiliation, employment, or contracting of its instructional
543 and noninstructional personnel whose fingerprints are retained
544 under paragraph (a). The Department of Law Enforcement shall
545 adopt a rule setting the amount of the annual fee to be imposed
546 upon each school district for performing these searches and
547 establishing the procedures for the retention of instructional
548 and noninstructional personnel fingerprints and the
549 dissemination of search results. The fee may be borne by the
550 district school board, the contractor, or the person
551 fingerprinted.
552 (c) Personnel whose fingerprints are not retained by the
553 Department of Law Enforcement under paragraphs (a) and (b) must
554 be refingerprinted and rescreened in accordance with subsection
555 (2) upon reemployment or reengagement to provide services in
556 order to comply with the requirements of this subsection.
557 Section 9. Subsections (1) and (2) of section 1012.465,
558 Florida Statutes, are amended to read:
559 1012.465 Background screening requirements for certain
560 noninstructional school district employees and contractors.—
561 (1) Except as provided in s. 1012.467 or s. 1012.468,
562 noninstructional school district employees or contractual
563 personnel who are permitted access on school grounds when
564 students are present, who have direct contact with students or
565 who have access to or control of school funds must meet level 2
566 screening requirements of chapter 435 using the process as
567 described in s. 1012.32(3) s. 1012.32. Contractual personnel
568 shall include any vendor, individual, or entity under contract
569 with a school or the school board.
570 (2) Every 5 years following employment or entry into a
571 contract in a capacity described in subsection (1), each person
572 who is so employed or under contract with the school district
573 must meet level 2 screening requirements as described in s.
574 1012.32, at which time the school district shall request the
575 Department of Law Enforcement to forward the fingerprints to the
576 Federal Bureau of Investigation for the level 2 screening. If,
577 for any reason following employment or entry into a contract in
578 a capacity described in subsection (1), the fingerprints of a
579 person who is so employed or under contract with the school
580 district are not retained by the Department of Law Enforcement
581 under s. 1012.32(3)(a) and (b), the person must file a complete
582 set of fingerprints with the district school superintendent of
583 the employing or contracting school district. Upon submission of
584 fingerprints for this purpose, the school district shall request
585 the Department of Law Enforcement to forward the fingerprints to
586 the Federal Bureau of Investigation for the level 2 screening,
587 and the fingerprints shall be retained by the Department of Law
588 Enforcement under s. 1012.32(3)(a) and (b). The cost of the
589 state and federal criminal history check required by level 2
590 screening may be borne by the district school board, the
591 contractor, or the person fingerprinted. Under penalty of
592 perjury, each person who is employed or under contract in a
593 capacity described in subsection (1) must agree to inform his or
594 her employer or the party with whom he or she is under contract
595 within 48 hours if convicted of any disqualifying offense while
596 he or she is employed or under contract in that capacity.
597 Section 10. Subsections (2) through (6) and paragraph (a)
598 of subsection (7) of section 1012.467, Florida Statutes, are
599 amended to read:
600 1012.467 Noninstructional contractors who are permitted
601 access to school grounds when students are present; background
602 screening requirements.—
603 (2)(a) A fingerprint-based criminal history check shall be
604 performed on each noninstructional contractor who is permitted
605 access to school grounds when students are present, whose
606 performance of the contract with the school or school board is
607 not anticipated to result in direct contact with students, and
608 for whom any unanticipated contact would be infrequent and
609 incidental using the process described in s. 1012.32(3).
610 Criminal history checks shall be performed at least once every 5
611 years. For the initial criminal history check, each
612 noninstructional contractor who is subject to the criminal
613 history check shall file with the Department of Law Enforcement
614 a complete set of fingerprints taken by an authorized law
615 enforcement agency or an employee of a school district, a public
616 school, or a private company who is trained to take
617 fingerprints. The fingerprints shall be electronically submitted
618 for state processing to the Department of Law Enforcement, which
619 shall in turn submit the fingerprints to the Federal Bureau of
620 Investigation for national processing. The results of each
621 criminal history check shall be reported to the school district
622 in which the individual is seeking access and entered into the
623 shared system described in subsection (7). The school district
624 shall screen the results using the disqualifying offenses in
625 paragraph (b) (g). The cost of the criminal history check may be
626 borne by the district school board, the school, or the
627 contractor. A fee that is charged by a district school board for
628 such checks may not exceed 30 percent of the total amount
629 charged by the Department of Law Enforcement and the Federal
630 Bureau of Investigation.
631 (b) As authorized by law, the Department of Law Enforcement
632 shall retain the fingerprints submitted by the school districts
633 pursuant to this subsection to the Department of Law Enforcement
634 for a criminal history background screening in a manner provided
635 by rule and enter the fingerprints in the statewide automated
636 biometric identification system authorized by s. 943.05(2)(b).
637 The fingerprints shall thereafter be available for all purposes
638 and uses authorized for arrest fingerprints entered into the
639 statewide automated biometric identification system under s.
640 943.051.
641 (c) As authorized by law, the Department of Law Enforcement
642 shall search all arrest fingerprints received under s. 943.051
643 against the fingerprints retained in the statewide automated
644 biometric identification system under paragraph (b).
645 (d) School districts may participate in the search process
646 described in this subsection by paying an annual fee to the
647 Department of Law Enforcement.
648 (e) A fingerprint retained pursuant to this subsection
649 shall be purged from the automated biometric identification
650 system 5 years following the date the fingerprint was initially
651 submitted. The Department of Law Enforcement shall set the
652 amount of the annual fee to be imposed upon each participating
653 agency for performing these searches and establishing the
654 procedures for retaining fingerprints and disseminating search
655 results. The fee may be borne as provided by law. Fees may be
656 waived or reduced by the executive director of the Department of
657 Law Enforcement for good cause shown.
658 (f) A noninstructional contractor who is subject to a
659 criminal history check under this section shall inform a school
660 district that he or she has completed a criminal history check
661 in another school district within the last 5 years. The school
662 district shall verify the results of the contractor’s criminal
663 history check using the shared system described in subsection
664 (7). The school district may not charge the contractor a fee for
665 verifying the results of his or her criminal history check.
666 (g) A noninstructional contractor for whom a criminal
667 history check is required under this section may not have been
668 convicted of any of the following offenses designated in the
669 Florida Statutes, any similar offense in another jurisdiction,
670 or any similar offense committed in this state which has been
671 redesignated from a former provision of the Florida Statutes to
672 one of the following offenses:
673 1. Any offense listed in s. 943.0435(1)(h)1., relating to
674 the registration of an individual as a sexual offender.
675 2. Section 393.135, relating to sexual misconduct with
676 certain developmentally disabled clients and the reporting of
677 such sexual misconduct.
678 3. Section 394.4593, relating to sexual misconduct with
679 certain mental health patients and the reporting of such sexual
680 misconduct.
681 4. Section 775.30, relating to terrorism.
682 5. Section 782.04, relating to murder.
683 6. Section 787.01, relating to kidnapping.
684 7. Any offense under chapter 800, relating to lewdness and
685 indecent exposure.
686 8. Section 826.04, relating to incest.
687 9. Section 827.03, relating to child abuse, aggravated
688 child abuse, or neglect of a child.
689 (3) If it is found that a noninstructional contractor has
690 been convicted of any of the offenses listed in paragraph (2)(b)
691 (2)(g), the individual shall be immediately suspended from
692 having access to school grounds and shall remain suspended
693 unless and until the conviction is set aside in any
694 postconviction proceeding.
695 (4) A noninstructional contractor who has been convicted of
696 any of the offenses listed in paragraph (2)(b) (2)(g) may not be
697 permitted on school grounds when students are present unless the
698 contractor has received a full pardon or has had his or her
699 civil rights restored. A noninstructional contractor who is
700 present on school grounds in violation of this subsection
701 commits a felony of the third degree, punishable as provided in
702 s. 775.082 or s. 775.083.
703 (5) If a school district has reasonable cause to believe
704 that grounds exist for the denial of a contractor’s access to
705 school grounds when students are present, it shall notify the
706 contractor in writing, stating the specific record that
707 indicates noncompliance with the standards set forth in this
708 section. It is the responsibility of the affected contractor to
709 contest his or her denial. The only basis for contesting the
710 denial is proof of mistaken identity or that an offense from
711 another jurisdiction is not disqualifying under paragraph (2)(b)
712 (2)(g).
713 (6) Each contractor who is subject to the requirements of
714 this section shall agree to inform his or her employer or the
715 party to whom he or she is under contract and the school
716 district within 48 hours if he or she is arrested for any of the
717 disqualifying offenses in paragraph (2)(b) (2)(g). A contractor
718 who willfully fails to comply with this subsection commits a
719 felony of the third degree, punishable as provided in s. 775.082
720 or s. 775.083. If the employer of a contractor or the party to
721 whom the contractor is under contract knows the contractor has
722 been arrested for any of the disqualifying offenses in paragraph
723 (2)(b) (2)(g) and authorizes the contractor to be present on
724 school grounds when students are present, such employer or such
725 party commits a felony of the third degree, punishable as
726 provided in s. 775.082 or s. 775.083.
727 (7)(a) The Department of Law Enforcement shall implement a
728 system that allows for the results of a criminal history checks
729 shall check provided to a school district to be shared among
730 educational entities under s. 435.12 with other school districts
731 through a secure Internet website or other secure electronic
732 means. School districts must accept reciprocity of level 2
733 screenings for Florida High School Athletic Association
734 officials.
735 Section 11. Paragraphs (a) and (b) of subsection (10) of
736 section 1012.56, Florida Statutes, are amended to read:
737 1012.56 Educator certification requirements.—
738 (10) BACKGROUND SCREENING REQUIRED, INITIALLY AND
739 PERIODICALLY.—
740 (a) Each person who seeks certification under this chapter
741 must be fingerprinted and screened in accordance with s. 1012.32
742 and must not be ineligible for such certification under s.
743 435.04(2) or (3) or s. 1012.315. A person who has been screened
744 in accordance with s. 1012.32 by a district school board or the
745 Department of Education within 12 months before the date the
746 person initially obtains certification under this chapter, the
747 results of which are submitted to the district school board or
748 to the Department of Education, is not required to repeat the
749 screening under this paragraph.
750 (b) A person may not receive a certificate under this
751 chapter until the person’s screening under s. 1012.32 is
752 completed and the results have been submitted to the Department
753 of Education or to the district school superintendent of the
754 school district that employs the person. Every 5 years after
755 obtaining initial certification, each person who is required to
756 be certified under this chapter must be rescreened in accordance
757 with s. 435.12 s. 1012.32, at which time the school district
758 shall request the Department of Law Enforcement to forward the
759 fingerprints to the Federal Bureau of Investigation for federal
760 criminal records checks. If, for any reason after obtaining
761 initial certification, the fingerprints of a person who is
762 required to be certified under this chapter are not retained by
763 the Department of Law Enforcement under s. 1012.32(3)(a) and
764 (b), the person must file a complete set of fingerprints with
765 the district school superintendent of the employing school
766 district. Upon submission of fingerprints for this purpose, the
767 school district shall request the Department of Law Enforcement
768 to forward the fingerprints to the Federal Bureau of
769 Investigation for federal criminal records checks, and the
770 fingerprints shall be retained by the Department of Law
771 Enforcement under s. 1012.32(3)(a) and (b). The cost of the
772 state and federal criminal history checks required by paragraph
773 (a) and this paragraph may be borne by the district school board
774 or the employee. Under penalty of perjury, each person who is
775 certified under this chapter must agree to inform his or her
776 employer within 48 hours if convicted of any disqualifying
777 offense while he or she is employed in a position for which such
778 certification is required.
779 Section 12. This act shall take effect July 1, 2023.