ENROLLED
       2023 Legislature                    CS for SB 676, 1st Engrossed
       
       
       
       
       
       
                                                              2023676er
    1  
    2         An act relating to level 2 background screenings;
    3         amending s. 435.02, F.S.; revising and providing
    4         definitions; amending s. 435.04, F.S.; requiring
    5         persons with an affiliation to certain qualified
    6         entities to undergo security background
    7         investigations; expanding authorized records that may
    8         be checked during a level 2 background screening;
    9         adding additional disqualifying offenses to level 2
   10         background screening requirements; removing obsolete
   11         language; amending s. 435.07, F.S.; authorizing the
   12         head of a qualified entity to grant a person with an
   13         affiliation an exemption from disqualification under
   14         certain circumstances; conforming provisions to
   15         changes made by the act; amending s. 435.12, F.S.;
   16         authorizing certain qualified entities to participate
   17         in the Care Provider Background Screening
   18         Clearinghouse beginning on a specified date; requiring
   19         the Agency for Health Care Administration to perform
   20         certain actions beginning on a specified date;
   21         requiring the clearinghouse to share eligibility
   22         determinations with certain entities; requiring
   23         certain persons with a certain break in service from a
   24         position with a qualified entity to submit to a
   25         national screening beginning on a specified date;
   26         revising the timeframe for certain reporting
   27         requirements; revising deadlines for rescreening
   28         certain employees; removing obsolete language;
   29         conforming provisions to changes made by the act;
   30         amending s. 943.0438, F.S.; revising the definition of
   31         the term “athletic coach”; requiring level 2, instead
   32         of level 1, background screenings for current and
   33         prospective athletic coaches; providing timeframes for
   34         independent sanctioning authorities to disqualify
   35         certain persons from acting as an athletic coach for
   36         certain reasons; requiring independent sanctioning
   37         authorities to participate in a specified system;
   38         conforming provisions to changes made by the act;
   39         amending s. 943.05, F.S.; expanding the agencies and
   40         entities which may use the Criminal Justice
   41         Information Program; requiring the program to develop,
   42         for federal approval, a specified method for
   43         identifying or verifying an individual; amending s.
   44         943.0542, F.S.; requiring qualified entities to submit
   45         a request for screening to the Department of Law
   46         Enforcement or, after a specified date, the Agency for
   47         Health Care Administration; specifying how payments
   48         for a statewide criminal history check are to be made;
   49         providing requirements for certain qualified entities;
   50         specifying when the clearinghouse may provide certain
   51         records to a qualified entity; requiring entities
   52         making determinations regarding screening to apply
   53         certain criteria; revising standards for
   54         determinations of whether a criminal history record
   55         shows certain information; requiring the agency to
   56         make certain determinations regarding the eligibility
   57         of certain employees or volunteers beginning on a
   58         specified date; requiring the clearinghouse to provide
   59         certain notifications beginning on a specified date;
   60         conforming provisions to changes made by the act;
   61         amending s. 1012.315, F.S.; revising screening
   62         requirements for specified individuals; requiring the
   63         agency to make certain determinations regarding the
   64         eligibility of certain employees beginning on a
   65         specified date; conforming provisions to changes made
   66         by the act; amending s. 1012.467, F.S.; requiring the
   67         agency to make certain determinations regarding the
   68         eligibility of certain noninstructional contractors
   69         beginning on a specified date; requiring background
   70         screenings to be conducted by the clearinghouse
   71         beginning on a specified date; amending s. 1012.56,
   72         F.S.; requiring the records of a person applying for
   73         educator certification to be referred to the agency
   74         beginning on a specified date; requiring background
   75         screening to be conducted by the clearinghouse
   76         beginning on a specified date; reenacting ss. 1001.10,
   77         1001.42, 1001.51, 1002.33, 1002.333, 1002.421,
   78         1012.32, 1012.56, 1012.795, and 1012.796, F.S., to
   79         incorporate the amendments made by this act to s.
   80         1012.315, F.S., in references thereto; reenacting s.
   81         1012.468, F.S., to incorporate the amendments made by
   82         this act to s. 1012.467, F.S., in a reference thereto;
   83         providing an appropriation; requiring that certain
   84         provisions be implemented by the later of a specified
   85         date or a date determined by the agency; providing
   86         effective dates.
   87          
   88  Be It Enacted by the Legislature of the State of Florida:
   89  
   90         Section 1. Subsections (1) through (4) and subsections (5)
   91  and (6) of section 435.02, Florida Statutes, are renumbered as
   92  subsections (2) through (5) and subsections (7) and (8),
   93  respectively, present subsection (4) is amended, and new
   94  subsections (1) and (6) are added to that section, to read:
   95         435.02 Definitions.—For the purposes of this chapter, the
   96  term:
   97         (1) “Affiliation” means the status of a person employed or
   98  serving as a volunteer or contractor, or seeking to be employed
   99  or to serve as a volunteer or contractor, with a qualified
  100  entity in a position for which screening is not required by law
  101  but is authorized under the National Child Protection Act.
  102         (5)(4) “Employment” means any activity or service sought to
  103  be performed by an employee or a person with an affiliation
  104  which requires the employee, or for which a person with an
  105  affiliation is authorized, to be screened pursuant to this
  106  chapter.
  107         (6) “Qualified entity” has the same meaning as in s.
  108  943.0542(1).
  109         Section 2. Paragraphs (a), (b), and (d) of subsection (1)
  110  and subsection (2) of section 435.04, Florida Statutes, are
  111  amended to read:
  112         435.04 Level 2 screening standards.—
  113         (1)(a) All employees required by law to be screened under
  114  pursuant to this section and persons with an affiliation with a
  115  qualified entity for whom the qualified entity chooses to
  116  conduct screening under s. 943.0542 must undergo security
  117  background investigations as a condition of employment and
  118  continued employment which includes, but is not need not be
  119  limited to, fingerprinting for statewide criminal history
  120  records checks through the Department of Law Enforcement, and
  121  national criminal history records checks through the Federal
  122  Bureau of Investigation, and may include local criminal records
  123  checks through local law enforcement agencies. A security
  124  background investigation under this section also includes a
  125  search of the sexual predator and sexual offender registries of
  126  any state in which the current or prospective employee resided
  127  during the immediate preceding 5 years.
  128         (b) Fingerprints submitted pursuant to this section on or
  129  after July 1, 2012, must be submitted electronically to the
  130  Department of Law Enforcement.
  131         (d) An agency may require by rule that fingerprints
  132  submitted pursuant to this section must be submitted
  133  electronically to the Department of Law Enforcement on a date
  134  earlier than July 1, 2012.
  135         (2) The security background investigations under this
  136  section must ensure that no persons subject to the provisions of
  137  this section have not been arrested for and are awaiting final
  138  disposition of, have not been found guilty of, regardless of
  139  adjudication, or entered a plea of nolo contendere or guilty to,
  140  or have not been adjudicated delinquent and the record has not
  141  been sealed or expunged for, any offense prohibited under any of
  142  the following provisions of state law or similar law of another
  143  jurisdiction:
  144         (a) Section 393.135, relating to sexual misconduct with
  145  certain developmentally disabled clients and reporting of such
  146  sexual misconduct.
  147         (b) Section 394.4593, relating to sexual misconduct with
  148  certain mental health patients and reporting of such sexual
  149  misconduct.
  150         (c) Section 415.111, relating to adult abuse, neglect, or
  151  exploitation of aged persons or disabled adults.
  152         (d) Section 777.04, relating to attempts, solicitation, and
  153  conspiracy to commit an offense listed in this subsection.
  154         (e) Section 782.04, relating to murder.
  155         (f) Section 782.07, relating to manslaughter, aggravated
  156  manslaughter of an elderly person or disabled adult, or
  157  aggravated manslaughter of a child.
  158         (g) Section 782.071, relating to vehicular homicide.
  159         (h) Section 782.09, relating to killing of an unborn child
  160  by injury to the mother.
  161         (i) Chapter 784, relating to assault, battery, and culpable
  162  negligence, if the offense was a felony.
  163         (j) Section 784.011, relating to assault, if the victim of
  164  the offense was a minor.
  165         (k) Section 784.021, relating to aggravated assault.
  166         (l)(k) Section 784.03, relating to battery, if the victim
  167  of the offense was a minor.
  168         (m) Section 784.045, relating to aggravated battery.
  169         (n) Section 784.075, relating to battery on staff of a
  170  detention or commitment facility or on a juvenile probation
  171  officer.
  172         (o)(l) Section 787.01, relating to kidnapping.
  173         (p)(m) Section 787.02, relating to false imprisonment.
  174         (q)(n) Section 787.025, relating to luring or enticing a
  175  child.
  176         (r)(o) Section 787.04(2), relating to taking, enticing, or
  177  removing a child beyond the state limits with criminal intent
  178  pending custody proceedings.
  179         (s)(p) Section 787.04(3), relating to carrying a child
  180  beyond the state lines with criminal intent to avoid producing a
  181  child at a custody hearing or delivering the child to the
  182  designated person.
  183         (t)(q) Section 790.115(1), relating to exhibiting firearms
  184  or weapons within 1,000 feet of a school.
  185         (u)(r) Section 790.115(2)(b), relating to possessing an
  186  electric weapon or device, destructive device, or other weapon
  187  on school property.
  188         (v)(s) Section 794.011, relating to sexual battery.
  189         (w)(t) Former s. 794.041, relating to prohibited acts of
  190  persons in familial or custodial authority.
  191         (x)(u) Section 794.05, relating to unlawful sexual activity
  192  with certain minors.
  193         (y) Section 794.08, relating to female genital mutilation.
  194         (z)(v) Chapter 796, relating to prostitution.
  195         (aa)(w) Section 798.02, relating to lewd and lascivious
  196  behavior.
  197         (bb)(x) Chapter 800, relating to lewdness and indecent
  198  exposure and offenses against students by authority figures.
  199         (cc)(y) Section 806.01, relating to arson.
  200         (dd)(z) Section 810.02, relating to burglary.
  201         (ee)(aa) Section 810.14, relating to voyeurism, if the
  202  offense is a felony.
  203         (ff)(bb) Section 810.145, relating to video voyeurism, if
  204  the offense is a felony.
  205         (gg)(cc) Chapter 812, relating to theft, robbery, and
  206  related crimes, if the offense is a felony.
  207         (hh)(dd) Section 817.563, relating to fraudulent sale of
  208  controlled substances, only if the offense was a felony.
  209         (ii)(ee) Section 825.102, relating to abuse, aggravated
  210  abuse, or neglect of an elderly person or disabled adult.
  211         (jj)(ff) Section 825.1025, relating to lewd or lascivious
  212  offenses committed upon or in the presence of an elderly person
  213  or disabled adult.
  214         (kk)(gg) Section 825.103, relating to exploitation of an
  215  elderly person or disabled adult, if the offense was a felony.
  216         (ll)(hh) Section 826.04, relating to incest.
  217         (mm)(ii) Section 827.03, relating to child abuse,
  218  aggravated child abuse, or neglect of a child.
  219         (nn)(jj) Section 827.04, relating to contributing to the
  220  delinquency or dependency of a child.
  221         (oo)(kk) Former s. 827.05, relating to negligent treatment
  222  of children.
  223         (pp)(ll) Section 827.071, relating to sexual performance by
  224  a child.
  225         (qq)(mm) Section 843.01, relating to resisting arrest with
  226  violence.
  227         (rr)(nn) Section 843.025, relating to depriving a law
  228  enforcement, correctional, or correctional probation officer
  229  means of protection or communication.
  230         (ss)(oo) Section 843.12, relating to aiding in an escape.
  231         (tt)(pp) Section 843.13, relating to aiding in the escape
  232  of juvenile inmates in correctional institutions.
  233         (uu)(qq) Chapter 847, relating to obscene literature.
  234         (vv)(rr) Section 874.05, relating to encouraging or
  235  recruiting another to join a criminal gang.
  236         (ww)(ss) Chapter 893, relating to drug abuse prevention and
  237  control, only if the offense was a felony or if any other person
  238  involved in the offense was a minor.
  239         (xx)(tt) Section 916.1075, relating to sexual misconduct
  240  with certain forensic clients and reporting of such sexual
  241  misconduct.
  242         (yy)(uu) Section 944.35(3), relating to inflicting cruel or
  243  inhuman treatment on an inmate resulting in great bodily harm.
  244         (zz)(vv) Section 944.40, relating to escape.
  245         (aaa)(ww) Section 944.46, relating to harboring,
  246  concealing, or aiding an escaped prisoner.
  247         (bbb)(xx) Section 944.47, relating to introduction of
  248  contraband into a correctional facility.
  249         (ccc)(yy) Section 985.701, relating to sexual misconduct in
  250  juvenile justice programs.
  251         (ddd)(zz) Section 985.711, relating to contraband
  252  introduced into detention facilities.
  253         Section 3. Paragraph (a) of subsection (1), paragraphs (a)
  254  and (b) of subsection (3), and paragraphs (a) and (b) of
  255  subsection (4) of section 435.07, Florida Statutes, are amended
  256  to read:
  257         435.07 Exemptions from disqualification.—Unless otherwise
  258  provided by law, the provisions of this section apply to
  259  exemptions from disqualification for disqualifying offenses
  260  revealed pursuant to background screenings required under this
  261  chapter, regardless of whether those disqualifying offenses are
  262  listed in this chapter or other laws.
  263         (1)(a) The head of the appropriate agency or qualified
  264  entity may grant to any employee or person with an affiliation
  265  otherwise disqualified from employment an exemption from
  266  disqualification for:
  267         1. Felonies for which at least 3 years have elapsed since
  268  the applicant for the exemption has completed or been lawfully
  269  released from confinement, supervision, or nonmonetary condition
  270  imposed by the court for the disqualifying felony;
  271         2. Misdemeanors prohibited under any of the statutes cited
  272  in this chapter or under similar statutes of other jurisdictions
  273  for which the applicant for the exemption has completed or been
  274  lawfully released from confinement, supervision, or nonmonetary
  275  condition imposed by the court;
  276         3. Offenses that were felonies when committed but that are
  277  now misdemeanors and for which the applicant for the exemption
  278  has completed or been lawfully released from confinement,
  279  supervision, or nonmonetary condition imposed by the court; or
  280         4. Findings of delinquency. For offenses that would be
  281  felonies if committed by an adult and the record has not been
  282  sealed or expunged, the exemption may not be granted until at
  283  least 3 years have elapsed since the applicant for the exemption
  284  has completed or been lawfully released from confinement,
  285  supervision, or nonmonetary condition imposed by the court for
  286  the disqualifying offense.
  287  
  288  For the purposes of this subsection, the term “felonies” means
  289  both felonies prohibited under any of the statutes cited in this
  290  chapter or under similar statutes of other jurisdictions.
  291         (3)(a) In order for the head of an agency or qualified
  292  entity to grant an exemption to an any employee or a person with
  293  an affiliation, the employee or person with an affiliation must
  294  demonstrate by clear and convincing evidence that the employee
  295  or person with an affiliation should not be disqualified from
  296  employment. Employees or persons with an affiliation seeking an
  297  exemption have the burden of setting forth clear and convincing
  298  evidence of rehabilitation, including, but not limited to, the
  299  circumstances surrounding the criminal incident for which an
  300  exemption is sought, the time period that has elapsed since the
  301  incident, the nature of the harm caused to the victim, and the
  302  history of the employee or person with an affiliation since the
  303  incident, or any other evidence or circumstances indicating that
  304  the employee or person with an affiliation will not present a
  305  danger if employment, affiliation, or continued employment or
  306  continued affiliation is allowed.
  307         (b) The agency may consider as part of its deliberations of
  308  the employee’s rehabilitation of the employee or person with an
  309  affiliation the fact that the employee or person with an
  310  affiliation has, subsequent to the conviction for the
  311  disqualifying offense for which the exemption is being sought,
  312  been arrested for or convicted of another crime, even if that
  313  crime is not a disqualifying offense.
  314         (4)(a) Disqualification from employment or affiliation
  315  under this chapter may not be removed from, nor may an exemption
  316  be granted to, any personnel who is found guilty of, regardless
  317  of adjudication, or who has entered a plea of nolo contendere or
  318  guilty to, any felony covered by s. 435.03 or s. 435.04 solely
  319  by reason of any pardon, executive clemency, or restoration of
  320  civil rights.
  321         (b) Disqualification from employment or affiliation under
  322  this chapter may not be removed from, nor may an exemption be
  323  granted to, any person who is a:
  324         1. Sexual predator as designated pursuant to s. 775.21;
  325         2. Career offender pursuant to s. 775.261; or
  326         3. Sexual offender pursuant to s. 943.0435, unless the
  327  requirement to register as a sexual offender has been removed
  328  pursuant to s. 943.04354.
  329         Section 4. Effective upon this act becoming a law,
  330  subsections (1) and (2) and paragraph (a) of subsection (3) of
  331  section 435.12, Florida Statutes, are amended to read:
  332         435.12 Care Provider Background Screening Clearinghouse.—
  333         (1) The Agency for Health Care Administration in
  334  consultation with the Department of Law Enforcement shall create
  335  a secure web-based system, which shall be known as the “Care
  336  Provider Background Screening Clearinghouse” or
  337  “clearinghouse.,and which shall be implemented to the full
  338  extent practicable no later than September 30, 2013, subject to
  339  the specified agencies being funded and equipped to participate
  340  in such program. The clearinghouse must shall allow the results
  341  of criminal history checks provided to the specified agencies
  342  and, beginning January 1, 2026, or a later date as determined by
  343  the Agency for Health Care Administration, to qualified entities
  344  participating in the clearinghouse for screening of persons
  345  qualified as care providers under s. 943.0542 to be shared among
  346  the specified agencies and qualified entities when a person has
  347  applied to volunteer, be employed, be licensed, or enter into a
  348  contract, or has an affiliation that allows or that requires a
  349  state and national fingerprint-based criminal history check.
  350  Beginning January 1, 2025, or a later date as determined by the
  351  Agency for Health Care Administration, the Agency for Health
  352  Care Administration shall review and determine eligibility for
  353  all criminal history checks submitted to the clearinghouse for
  354  the Department of Education. The clearinghouse shall share
  355  eligibility determinations with the Department of Education and
  356  the qualified entities. The Agency for Health Care
  357  Administration and the Department of Law Enforcement may adopt
  358  rules to create forms or implement procedures needed to carry
  359  out this section.
  360         (2)(a) To ensure that the information in the clearinghouse
  361  is current, the fingerprints of a person an employee required to
  362  be screened by a specified agency and included in the
  363  clearinghouse must be:
  364         1. Retained by the Department of Law Enforcement pursuant
  365  to s. 943.05(2)(g) and (h) and (3), and the Department of Law
  366  Enforcement must report the results of searching those
  367  fingerprints against state incoming arrest fingerprint
  368  submissions to the Agency for Health Care Administration for
  369  inclusion in the clearinghouse.
  370         2. Retained by the Federal Bureau of Investigation in the
  371  national retained print arrest notification program as soon as
  372  the Department of Law Enforcement begins participation in such
  373  program. Arrest prints will be searched against retained prints
  374  at the Federal Bureau of Investigation and notification of
  375  arrests will be forwarded to the Florida Department of Law
  376  Enforcement and reported to the Agency for Health Care
  377  Administration for inclusion in the clearinghouse.
  378         3. Resubmitted for a Federal Bureau of Investigation
  379  national criminal history check every 5 years until such time as
  380  the fingerprints are retained by the Federal Bureau of
  381  Investigation.
  382         4. Subject to retention on a 5-year renewal basis with fees
  383  collected at the time of initial submission or resubmission of
  384  fingerprints.
  385         5. Submitted with a photograph of the person taken at the
  386  time the fingerprints are submitted.
  387         (b) Until such time as the fingerprints are enrolled in the
  388  national retained print arrest notification program at the
  389  Federal Bureau of Investigation:
  390         1. A person, an employee with a break in service of more
  391  than 90 days from a position that requires screening by a
  392  specified agency must submit to a national screening if the
  393  person returns to a position that requires screening by a
  394  specified agency.
  395         2. Effective January 1, 2026, or a later date as determined
  396  by the Agency for Health Care Administration, for the
  397  participation of qualified entities in the clearinghouse under
  398  s. 435.12, a person with a break in service of more than 90 days
  399  from a position for which screening is conducted by a qualified
  400  entity participating in the clearinghouse must submit to a
  401  national screening if the person returns to a position for which
  402  screening is conducted by a qualified entity.
  403         (c) An employer of persons subject to screening or a
  404  qualified entity participating in the clearinghouse by a
  405  specified agency must register with the clearinghouse and
  406  maintain the employment or affiliation status of all persons
  407  included in employees within the clearinghouse.
  408         1. Before January 1, 2024, initial employment status and
  409  any changes in status must be reported within 10 business days
  410  after a person receives his or her initial status or after a
  411  change in the person’s status has been made.
  412         2. Effective January 1, 2024, initial status and any
  413  changes in status must be reported within 5 business days after
  414  a person receives his or her initial status or after a change in
  415  the person’s status has been made.
  416         (d) An employer or a qualified entity participating in the
  417  clearinghouse must register with and initiate all criminal
  418  history checks through the clearinghouse before referring an
  419  employee or potential employee or a person with a current or
  420  potential affiliation with a qualified entity for electronic
  421  fingerprint submission to the Department of Law Enforcement. The
  422  registration must include the person’s employee’s full first
  423  name, middle initial, and last name; social security number;
  424  date of birth; mailing address; sex; and race. Individuals,
  425  persons, applicants, and controlling interests that cannot
  426  legally obtain a social security number must provide an
  427  individual taxpayer identification number.
  428         (3)(a) Employees of each district unit under s. 1001.30,
  429  special district units under s. 1011.24, the Florida School for
  430  the Deaf and the Blind under s. 1002.36, the Florida Virtual
  431  School under s. 1002.37, virtual instruction programs under s.
  432  1002.45, charter schools under s. 1002.33, hope operators under
  433  s. 1002.333, private schools participating in an educational
  434  scholarship program established pursuant to chapter 1002, and
  435  alternative schools under s. 1008.341 must be rescreened in
  436  compliance with the following schedule:
  437         1. Employees for whom the last screening was conducted on
  438  or before June 30, 2021 2019, must be rescreened by June 30,
  439  2025 2024.
  440         2. Employees for whom the last screening was conducted
  441  between July 1, 2021 2019, and June 30, 2022 2021, must be
  442  rescreened by June 30, 2026 2025.
  443         3. Employees for whom the last screening was conducted
  444  between July 1, 2022 2021, and December 31, 2023 2022, must be
  445  rescreened by June 30, 2027 2026.
  446         Section 5. Paragraph (a) of subsection (1), paragraphs (a)
  447  and (b) of subsection (2), and subsection (4) of section
  448  943.0438, Florida Statutes, are amended to read:
  449         943.0438 Athletic coaches for independent sanctioning
  450  authorities.—
  451         (1) As used in this section, the term:
  452         (a) “Athletic coach” means a person who:
  453         1. Is authorized by an independent sanctioning authority to
  454  work as a coach, assistant coach, manager, or referee for 20 or
  455  more hours within a calendar year, whether for compensation or
  456  as a volunteer, for a youth athletic team based in this state;
  457  and
  458         2. Has direct contact with one or more minors on the youth
  459  athletic team.
  460         (2) An independent sanctioning authority shall:
  461         (a)1. Conduct a level 2 1 background screening under s.
  462  435.04 pursuant to s. 435.03 of each current and prospective
  463  athletic coach. The authority may not delegate this
  464  responsibility to an individual team and may not authorize any
  465  person to act as an athletic coach unless a level 2 1 background
  466  screening is conducted and does not result in disqualification
  467  under paragraph (b). Level 1 background screenings shall be
  468  conducted annually for each athletic coach. For purposes of this
  469  section, a background screening shall include a search of the
  470  athletic coach’s name or other identifying information against
  471  state and federal registries of sexual predators and sexual
  472  offenders, which are available to the public on Internet sites
  473  provided by:
  474         a. The Department of Law Enforcement under s. 943.043; and
  475         b. The Attorney General of the United States under 42
  476  U.S.C. s. 16920.
  477         2. For purposes of this section, a background screening
  478  conducted by a commercial consumer reporting agency in
  479  compliance with the federal Fair Credit Reporting Act using the
  480  identifying information referenced in subparagraph 1. that
  481  includes a level 1 background screening and a search of that
  482  information against the sexual predator and sexual offender
  483  Internet sites listed in sub-subparagraphs 1.a. and b. shall be
  484  deemed to satisfy the requirements of this paragraph.
  485         (b)1. Before January 1, 2026, or a later date as determined
  486  by the Agency for Health Care Administration for the
  487  participation of qualified entities in the Care Provider
  488  Background Screening Clearinghouse under s. 435.12, disqualify
  489  any person from acting as an athletic coach as provided in s.
  490  435.04 s. 435.03 or if he or she is identified on a registry
  491  described in paragraph (a). The authority may allow a person
  492  disqualified under this subparagraph paragraph to act as an
  493  athletic coach if it determines that the person meets the
  494  requirements for an exemption from disqualification under s.
  495  435.07.
  496         2. On or after January 1, 2026, or a later date as
  497  determined by the Agency for Health Care Administration, not
  498  allow any person to act as an athletic coach if he or she does
  499  not pass the background screening qualifications in s. 435.04.
  500  The authority may allow a person disqualified under this
  501  subparagraph to act as an athletic coach if the person has
  502  successfully completed the exemption from the disqualification
  503  process under s. 435.07.
  504         (4) The Legislature encourages Independent sanctioning
  505  authorities for youth athletic teams must to participate in the
  506  Volunteer and Employee Criminal History System, as authorized by
  507  the National Child Protection Act of 1993 and s. 943.0542.
  508         Section 6. Paragraph (h) of subsection (2) of section
  509  943.05, Florida Statutes, is amended, and paragraph (i) is added
  510  to that subsection, to read:
  511         943.05 Criminal Justice Information Program; duties; crime
  512  reports.—
  513         (2) The program shall:
  514         (h) For each specified agency, as defined in s. 435.02,
  515  each qualified entity participating in the Care Provider
  516  Background Screening Clearinghouse under s. 435.12, or any other
  517  agency or qualified entity that officially requests retention of
  518  fingerprints or for which retention is otherwise required by
  519  law, search all arrest fingerprint submissions received under s.
  520  943.051 against the fingerprints retained in the statewide
  521  automated biometric identification system under paragraph (g).
  522         1. Any arrest record that is identified with the retained
  523  fingerprints of a person subject to background screening as
  524  provided in paragraph (g) must shall be reported to the
  525  appropriate agency or qualified entity.
  526         2. To participate in this search process, agencies or
  527  qualified entities must notify each person fingerprinted that
  528  his or her fingerprints will be retained, pay an annual fee to
  529  the department unless otherwise provided by law, and inform the
  530  department of any change in the affiliation, employment, or
  531  contractual status of each person whose fingerprints are
  532  retained under paragraph (g) if such change removes or
  533  eliminates the agency or qualified entity’s basis or need for
  534  receiving reports of any arrest of that person, so that the
  535  agency or qualified entity is not obligated to pay the upcoming
  536  annual fee for the retention and searching of that person’s
  537  fingerprints to the department. The department shall adopt a
  538  rule setting the amount of the annual fee to be imposed upon
  539  each participating agency or qualified entity for performing
  540  these searches and establishing the procedures for the retention
  541  of fingerprints and the dissemination of search results. The fee
  542  may be borne by the agency, qualified entity, or person subject
  543  to fingerprint retention or as otherwise provided by law.
  544  Consistent with the recognition of criminal justice agencies
  545  expressed in s. 943.053(3), these services must shall be
  546  provided to criminal justice agencies for criminal justice
  547  purposes free of charge. Qualified entities that elect to
  548  participate in the fingerprint retention and search process are
  549  required to timely remit the fee to the department by a payment
  550  mechanism approved by the department. If requested by the
  551  qualified entity, and with the approval of the department, such
  552  fees may be timely remitted to the department by a qualified
  553  entity upon receipt of an invoice for such fees from the
  554  department. Failure of a qualified entity to pay the amount due
  555  on a timely basis or as invoiced by the department may result in
  556  the refusal by the department to permit the qualified entity to
  557  continue to participate in the fingerprint retention and search
  558  process until all fees due and owing are paid.
  559         3. Agencies that participate in the fingerprint retention
  560  and search process may adopt rules pursuant to ss. 120.536(1)
  561  and 120.54 to require employers to keep the agency informed of
  562  any change in the affiliation, employment, or contractual status
  563  of each person whose fingerprints are retained under paragraph
  564  (g) if such change removes or eliminates the agency’s basis or
  565  need for receiving reports of any arrest of that person, so that
  566  the agency is not obligated to pay the upcoming annual fee for
  567  the retention and searching of that person’s fingerprints to the
  568  department.
  569         (i) Develop, for federal approval, a method for identifying
  570  or verifying a person through automated biometrics.
  571         Section 7. Subsections (2) through (6) of section 943.0542,
  572  Florida Statutes, are amended to read:
  573         943.0542 Access to criminal history information provided by
  574  the department to qualified entities.—
  575         (2)(a) A qualified entity conducting background criminal
  576  history checks under this section must:
  577         1. Register with the department before submitting a request
  578  for screening under this section. Each such request must be
  579  voluntary and conform to the requirements established in the
  580  National Child Protection Act of 1993, as amended. As a part of
  581  the registration, the qualified entity must agree to comply with
  582  state and federal law and must so indicate by signing an
  583  agreement approved by the department. The department shall may
  584  periodically audit qualified entities to ensure compliance with
  585  federal law and this section.
  586         2. Before January 1, 2026, or a later date as determined by
  587  the Agency for Health Care Administration,
  588         (b) A qualified entity shall submit to the department, and
  589  effective January 1, 2026, or a later date as determined by the
  590  Agency for Health Care Administration, submit to the agency a
  591  request for screening an employee or volunteer or person
  592  applying to be an employee or volunteer by submitting
  593  fingerprints, or the request may be submitted electronically.
  594  The qualified entity must maintain a signed waiver allowing the
  595  release of the state and national criminal history record
  596  information to the qualified entity.
  597         (b)(c) Each such request for screening must be accompanied
  598  by payment of a fee for a statewide criminal history check by
  599  the department established by s. 943.053, plus the amount
  600  currently prescribed by the Federal Bureau of Investigation for
  601  the national criminal history check in compliance with the
  602  National Child Protection Act of 1993, as amended. Payments must
  603  be made in the manner prescribed by the department or agency by
  604  rule.
  605         (c)(d) Any current or prospective employee or volunteer who
  606  is subject to a request for screening must indicate to the
  607  qualified entity submitting the request the name and address of
  608  each qualified entity that has submitted a previous request for
  609  screening regarding that employee or volunteer.
  610         (d) Effective January 1, 2026, or a later date as
  611  determined by the Agency for Health Care Administration, a
  612  qualified entity initiating a background criminal history check
  613  under this section must comply with s. 435.12, and all
  614  fingerprints received pursuant to this section must be entered
  615  into the clearinghouse as provided in s. 435.12.
  616         (3) Through December 31, 2025, or a later date as
  617  determined by the Agency for Health Care Administration, the
  618  department shall provide directly to the qualified entity the
  619  state criminal history records that are not exempt from
  620  disclosure under chapter 119 or otherwise confidential under
  621  law. A person who is the subject of a state criminal history
  622  record may challenge the record only as provided in s. 943.056.
  623  Effective January 1, 2026, or a later date as determined by the
  624  Agency for Health Care Administration, the Care Provider
  625  Background Screening Clearinghouse may provide such records to
  626  the qualified entity only if the person challenges the record as
  627  provided in this subsection.
  628         (4) The national criminal history data is available to
  629  qualified entities to use only for the purpose of screening
  630  employees and volunteers or persons applying to be an employee
  631  or volunteer with a qualified entity. Through December 31, 2026,
  632  or a later date as determined by the Agency for Health Care
  633  Administration, the department shall provide this national
  634  criminal history record information directly to the qualified
  635  entity as authorized by the written waiver required for
  636  submission of a request to the department. Effective January 1,
  637  2026, or a later date as determined by the Agency for Health
  638  Care Administration, the Care Provider Background Screening
  639  Clearinghouse may provide such record information to the
  640  qualified entity only if the person requests an exemption from
  641  the qualified entity under s. 435.07.
  642         (5) The entity making the determination regarding screening
  643  shall apply the criteria under s. 435.04(2) to the state and
  644  national criminal history record information received from the
  645  department for those persons subject to screening. The
  646  determination whether the criminal history record shows that the
  647  employee or volunteer has not been arrested for and is awaiting
  648  final disposition of, regardless of adjudication, or entered a
  649  plea of nolo contendere or guilty to, or has been adjudicated
  650  delinquent and the record has not been sealed or expunged for,
  651  any offense listed under s. 435.02(2) convicted of or is under
  652  pending indictment for any crime that bears upon the fitness of
  653  the employee or volunteer to have responsibility for the safety
  654  and well-being of children, the elderly, or disabled persons
  655  shall solely be made by the qualified entity through December
  656  31, 2025, or a later date as determined by the Agency for Health
  657  Care Administration. Beginning January 1, 2026, or a later date
  658  as determined by the Agency for Health Care Administration, the
  659  Agency for Health Care Administration shall determine the
  660  eligibility of the employee or volunteer of a qualified entity.
  661  This section does not require the department to make such a
  662  determination on behalf of any qualified entity.
  663         (6) The qualified entity or, effective January 1, 2026, or
  664  a later date as determined by the Agency for Health Care
  665  Administration, the Care Provider Background Screening
  666  Clearinghouse must notify in writing the person of his or her
  667  right to obtain a copy of any background screening report,
  668  including the criminal history records, if any, contained in the
  669  report, and of the person’s right to challenge the accuracy and
  670  completeness of any information contained in any such report and
  671  to obtain a determination as to the validity of such challenge
  672  before a final determination regarding the person is made by the
  673  qualified entity reviewing the criminal history information. A
  674  qualified entity that is required by law to apply screening
  675  criteria, including any right to contest or request an exemption
  676  from disqualification, shall apply such screening criteria to
  677  the state and national criminal history record information
  678  received from the department for those persons subject to the
  679  required screening.
  680         Section 8. Section 1012.315, Florida Statutes, is amended
  681  to read:
  682         1012.315 Screening standards.—A person is ineligible for
  683  educator certification or employment in any position that
  684  requires direct contact with students in a district school
  685  system, a charter school, or a private school that participates
  686  in a state scholarship program under chapter 1002 if the person:
  687         (1) Is on the disqualification list maintained by the
  688  department under pursuant to s. 1001.10(4)(b);,
  689         (2) Is registered as a sex offender as described in 42
  690  U.S.C. s. 9858f(c)(1)(C);,
  691         (3) Is ineligible based on a security background
  692  investigation under s. 435.04(2). Beginning January 1, 2025, or
  693  a later date as determined by the Agency for Health Care
  694  Administration, the Agency for Health Care Administration shall
  695  determine the eligibility of employees in any position that
  696  requires direct contact with students in a district school
  697  system, a charter school, or a private school that participates
  698  in a state scholarship program under chapter 1002;
  699         (4) Would be ineligible for an exemption under s.
  700  435.07(4)(c); or, or has been convicted or found guilty of, has
  701  had adjudication withheld for, or has pled guilty or nolo
  702  contendere to:
  703         (1) Any felony offense prohibited under any of the
  704  following statutes:
  705         (a) Section 393.135, relating to sexual misconduct with
  706  certain developmentally disabled clients and reporting of such
  707  sexual misconduct.
  708         (b) Section 394.4593, relating to sexual misconduct with
  709  certain mental health patients and reporting of such sexual
  710  misconduct.
  711         (c) Section 415.111, relating to adult abuse, neglect, or
  712  exploitation of aged persons or disabled adults.
  713         (d) Section 782.04, relating to murder.
  714         (e) Section 782.07, relating to manslaughter; aggravated
  715  manslaughter of an elderly person or disabled adult; aggravated
  716  manslaughter of a child; or aggravated manslaughter of an
  717  officer, a firefighter, an emergency medical technician, or a
  718  paramedic.
  719         (f) Section 784.021, relating to aggravated assault.
  720         (g) Section 784.045, relating to aggravated battery.
  721         (h) Section 784.075, relating to battery on a detention or
  722  commitment facility staff member or a juvenile probation
  723  officer.
  724         (i) Section 787.01, relating to kidnapping.
  725         (j) Section 787.02, relating to false imprisonment.
  726         (k) Section 787.025, relating to luring or enticing a
  727  child.
  728         (l) Section 787.04(2), relating to leading, taking,
  729  enticing, or removing a minor beyond the state limits, or
  730  concealing the location of a minor, with criminal intent pending
  731  custody proceedings.
  732         (m) Section 787.04(3), relating to leading, taking,
  733  enticing, or removing a minor beyond the state limits, or
  734  concealing the location of a minor, with criminal intent pending
  735  dependency proceedings or proceedings concerning alleged abuse
  736  or neglect of a minor.
  737         (n) Section 790.115(1), relating to exhibiting firearms or
  738  weapons at a school-sponsored event, on school property, or
  739  within 1,000 feet of a school.
  740         (o) Section 790.115(2)(b), relating to possessing an
  741  electric weapon or device, destructive device, or other weapon
  742  at a school-sponsored event or on school property.
  743         (p) Section 794.011, relating to sexual battery.
  744         (q) Former s. 794.041, relating to sexual activity with or
  745  solicitation of a child by a person in familial or custodial
  746  authority.
  747         (r) Section 794.05, relating to unlawful sexual activity
  748  with certain minors.
  749         (s) Section 794.08, relating to female genital mutilation.
  750         (t) Chapter 796, relating to prostitution.
  751         (u) Chapter 800, relating to lewdness and indecent
  752  exposure.
  753         (v) Section 800.101, relating to offenses against students
  754  by authority figures.
  755         (w) Section 806.01, relating to arson.
  756         (x) Section 810.14, relating to voyeurism.
  757         (y) Section 810.145, relating to video voyeurism.
  758         (z) Section 812.014(6), relating to coordinating the
  759  commission of theft in excess of $3,000.
  760         (aa) Section 812.0145, relating to theft from persons 65
  761  years of age or older.
  762         (bb) Section 812.019, relating to dealing in stolen
  763  property.
  764         (cc) Section 812.13, relating to robbery.
  765         (dd) Section 812.131, relating to robbery by sudden
  766  snatching.
  767         (ee) Section 812.133, relating to carjacking.
  768         (ff) Section 812.135, relating to home-invasion robbery.
  769         (gg) Section 817.563, relating to fraudulent sale of
  770  controlled substances.
  771         (hh) Section 825.102, relating to abuse, aggravated abuse,
  772  or neglect of an elderly person or disabled adult.
  773         (ii) Section 825.103, relating to exploitation of an
  774  elderly person or disabled adult.
  775         (jj) Section 825.1025, relating to lewd or lascivious
  776  offenses committed upon or in the presence of an elderly person
  777  or disabled person.
  778         (kk) Section 826.04, relating to incest.
  779         (ll) Section 827.03, relating to child abuse, aggravated
  780  child abuse, or neglect of a child.
  781         (mm) Section 827.04, relating to contributing to the
  782  delinquency or dependency of a child.
  783         (nn) Section 827.071, relating to sexual performance by a
  784  child.
  785         (oo) Section 843.01, relating to resisting arrest with
  786  violence.
  787         (pp) Chapter 847, relating to obscenity.
  788         (qq) Section 874.05, relating to causing, encouraging,
  789  soliciting, or recruiting another to join a criminal street
  790  gang.
  791         (rr) Chapter 893, relating to drug abuse prevention and
  792  control, if the offense was a felony of the second degree or
  793  greater severity.
  794         (ss) Section 916.1075, relating to sexual misconduct with
  795  certain forensic clients and reporting of such sexual
  796  misconduct.
  797         (tt) Section 944.47, relating to introduction, removal, or
  798  possession of contraband at a correctional facility.
  799         (uu) Section 985.701, relating to sexual misconduct in
  800  juvenile justice programs.
  801         (vv) Section 985.711, relating to introduction, removal, or
  802  possession of contraband at a juvenile detention facility or
  803  commitment program.
  804         (2) Any misdemeanor offense prohibited under any of the
  805  following statutes:
  806         (a) Section 784.03, relating to battery, if the victim of
  807  the offense was a minor.
  808         (b) Section 787.025, relating to luring or enticing a
  809  child.
  810         (5)(3)Has been convicted or found guilty of, has had
  811  adjudication withheld for, or has pled guilty or nolo contendere
  812  to:
  813         (a) Any criminal act committed in another state or under
  814  federal law which, if committed in this state, constitutes a
  815  disqualifying an offense prohibited under any statute listed in
  816  s. 435.04(2) subsection (1) or subsection (2).
  817         (b)(4) Any delinquent act committed in this state or any
  818  delinquent or criminal act committed in another state or under
  819  federal law which, if committed in this state, qualifies an
  820  individual for inclusion on the Registered Juvenile Sex Offender
  821  List under s. 943.0435(1)(h)1.d.
  822         Section 9. Paragraph (a) of subsection (2) and paragraph
  823  (a) of subsection (7) of section 1012.467, Florida Statutes, are
  824  amended to read:
  825         1012.467 Noninstructional contractors who are permitted
  826  access to school grounds when students are present; background
  827  screening requirements.—
  828         (2)(a) A fingerprint-based criminal history check must
  829  shall be performed on each noninstructional contractor who is
  830  permitted access to school grounds when students are present,
  831  whose performance of the contract with the school or school
  832  board is not anticipated to result in direct contact with
  833  students, and for whom any unanticipated contact would be
  834  infrequent and incidental using the process described in s.
  835  1012.32(3). The results of each criminal history check must
  836  shall be reported to the school district in which the individual
  837  is seeking access and entered into the shared system described
  838  in subsection (7). The school district shall screen the results
  839  using the disqualifying offenses in paragraph (b). Beginning
  840  January 1, 2025, or a later date as determined by the Agency for
  841  Health Care Administration, the Agency for Health Care
  842  Administration shall determine the eligibility of a
  843  noninstructional contractor. The cost of the criminal history
  844  check may be borne by the district school board, the school, or
  845  the contractor.
  846         (7)(a) The Department of Law Enforcement shall implement a
  847  system that allows for the results of a criminal history check
  848  provided to a school district to be shared with other school
  849  districts through a secure Internet website or other secure
  850  electronic means. School districts must accept reciprocity of
  851  level 2 screenings for Florida High School Athletic Association
  852  officials. Beginning January 1, 2025, or a later date as
  853  determined by the Agency for Health Care Administration, the
  854  background screening must be conducted through the Care Provider
  855  Background Screening Clearinghouse under s. 435.12.
  856         Section 10. Paragraph (a) of subsection (10) of section
  857  1012.56, Florida Statutes, is amended to read:
  858         1012.56 Educator certification requirements.—
  859         (10) BACKGROUND SCREENING REQUIRED, INITIALLY AND
  860  PERIODICALLY.—
  861         (a) Each person who seeks certification under this chapter
  862  must be fingerprinted and screened in accordance with s. 1012.32
  863  and must not be ineligible for such certification under s.
  864  1012.315. A person who has been screened in accordance with s.
  865  1012.32 by a district school board or the Department of
  866  Education within 12 months before the date the person initially
  867  obtains certification under this chapter, the results of which
  868  are submitted to the district school board or to the Department
  869  of Education, is not required to repeat the screening under this
  870  paragraph. Beginning January 1, 2025, or a later date as
  871  determined by the Agency for Health Care Administration, the
  872  background screening must be conducted through the Care Provider
  873  Background Screening Clearinghouse under s. 435.12.
  874         Section 11. (1) Sections 1001.10, 1001.42, 1001.51,
  875  1002.33, 1002.333, 1002.421, 1012.32, 1012.56, 1012.795, and
  876  1012.796, Florida Statutes, are reenacted for the purpose of
  877  incorporating the amendments made by this act to s. 1012.315,
  878  Florida Statutes, in references thereto.
  879         (2) Section 1012.468, Florida Statutes, is reenacted for
  880  the purpose of incorporating the amendments made by this act to
  881  s. 1012.467, Florida Statutes, in a reference thereto.
  882         Section 12. The changes made to s. 435.12, Florida
  883  Statutes, by this act must be implemented by January 1, 2025, or
  884  a later date as determined by the Agency for Health Care
  885  Administration.
  886         Section 13. (1) For the 2023-2024 fiscal year, the sums of
  887  $400,000 in recurring funds from the Health Care Trust Fund and
  888  $4 million in nonrecurring funds from the Health Care Trust Fund
  889  are appropriated to the Agency for Health Care Administration.
  890         (2) This section shall take effect July 1, 2023.
  891         Section 14. Except as otherwise expressly provided in this
  892  act and except for this section, which shall take effect upon
  893  this act becoming a law, this act shall take effect July 1,
  894  2024.