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.