HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/CS/CS/HB 1203 Education
SPONSOR(S): Judiciary Committee, Education & Employment Committee and Early Learning & Elementary
Education Subcommittee, Fetterhoff and others
TIED BILLS: IDEN./SIM. BILLS:
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY
CHIEF
1) Early Learning & Elementary Education 12 Y, 5 N, As CS Aaronson Brink
Subcommittee
2) Education & Employment Committee 13 Y, 6 N, As CS Aaronson Hassell
3) Judiciary Committee 12 Y, 7 N, As CS Mathews Kramer
SUMMARY ANALYSIS
To qualify for employment as a school employee in Florida, an individual must meet certain criteria relating to
moral fitness, educational credentials, and licensure. Individuals who work with children and other vulnerable
persons are required to undergo criminal background screening. The bill amends s. 435.12, F.S., to require
school districts, lab schools, and specified education entities to conduct background screenings through the
Agency for Health Care Administration Care Provider Background Screening Clearinghouse (Clearinghouse)
beginning on January 1, 2023. The bill provides a schedule for rescreening of such individuals as they move
into the Clearinghouse.
As part of determining and monitoring employment eligibility, Florida law establishes penalties for individuals
who fail to accurately report sexual misconduct with a student. The bill amends s. 800.101, F.S., to improve the
safety of Florida’s students by establishing a first degree misdemeanor penalty for specified conduct related to
failing to report an incident of an authority figure engaging in or soliciting sexual, romantic, or lewd conduct with
a student.
The bill revises teacher preparation program approval criteria and requirements for preservice field
experiences and authorizes members of the Legislature to visit any public school in the legislative district of the
member.
The bill specifies that instructional evaluation procedures are not subject to mandatory collective bargaining. It
also requires that any compensation for longevity of service that is awarded to instructional personnel who are
not on a performance salary schedule must be included in calculating differentiated salary adjustments as
provided in law.
The bill will have a fiscal impact related to additional entities participating in the Clearinghouse. See Fiscal
Comments.
Except as otherwise provided, the bill takes effect January 1, 2023.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
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 FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background Screenings for School Employees
Present Situation
Employee Background Screenings
Florida provides standard procedures for screening a prospective employee where the Legislature has
determined it is necessary to conduct a criminal history background check to protect vulnerable
persons.1
Chapter 435, F.S., establishes standard procedures for criminal history background screening of
prospective employees and outlines the screening requirements. There are two levels of background
screening: Level 1 and Level 2. Level 1 screening includes, at a minimum, employment history checks
and statewide criminal correspondence checks through the Florida Department of Law Enforcement
(FDLE) and a check of the Dru Sjodin National Sex Offender Public Website, 2 and may include criminal
records checks through local law enforcement agencies. A Level 1 screening may be paid for and
conducted through FDLE’s website, which provides immediate results. 3 A Level 2 background
screening includes, but is not limited to, fingerprinting for statewide criminal history records checks
through FDLE and national criminal history checks through the Federal Bureau of Investigation (FBI),
and may include local criminal records checks through local law enforcement agencies. 4
Every person required by law to be screened pursuant to ch. 435, F.S., must submit a complete set of
information necessary to conduct a screening to his or her employer. 5 Such information for a Level 2
screening includes fingerprints, which are taken by a vendor that submits them electronically to FDLE. 6
For both Level 1 and 2 screenings, the employer must submit the information necessary for screening
to FDLE within five working days after receiving it.7 Additionally, for both levels of screening, FDLE
must perform a criminal history record check of its records. 8 For a Level 1 screening, this is the only
information searched, and once complete, FDLE responds to the employer or agency, who must then
inform the employee whether screening has revealed any disqualifying information. 9 For Level 2
screening, FDLE also requests the FBI to conduct a national criminal history record check of its records
for each employee for whom the request is made.10 As with a Level 1 screening, FDLE responds to the
employer or agency, and the employer or agency must inform the employee whether screening has
revealed disqualifying information. If the employer or agency finds that an individual has a history
containing one of these offenses, it must disqualify that individual from employment.
The person whose background is being checked must supply any missing criminal or other necessary
information upon request to the requesting employer or agency within 30 days after receiving the
request for the information.11
1 Chapter 435, F.S.
2 The Dru Sjodin National Sex Offender Public Website is a U.S. government website that links public state, territorial, and tribal sex
offender registries in one national search site. The website is available at https://www.nsopw.gov/ (last visited Feb. 28, 2022).
3 Florida Department of Law Enforcement, State of Florida Criminal History Records Check http://www.fdle.state.fl.us/Criminal-
History-Records/Florida-Checks.aspx (last visited Feb. 28, 2022).
4 Section 435.04, F.S.
5 Section 435.05(1)(a), F.S.
6 Section 435.03(1) and 435.04(1)(a), F.S.
7 Section 435.05(1)(b)-(c), F.S.
8 Id.
9 Section 435.05(1)(b), F.S.
10 Section 435.05(1)(c), F.S.
11 Section 435.05(1)(d), F.S.
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 Disqualifying Offenses
Regardless of whether the screening is Level 1 or Level 2, the screening employer or agency must
make sure that the applicant has good moral character by ensuring that the employee has not been
arrested for and is awaiting final disposition of, been found guilty of, regardless of adjudication, or
entered a plea of nolo contendere or guilty to, or been adjudicated delinquent and the record has not
been sealed or expunged for, any of the 51 specified offenses prohibited under Florida law, or similar
law of another jurisdiction.12
Exemption from Disqualification
If an individual is disqualified due to a pending arrest, conviction, plea of nolo contendere, or
adjudication of delinquency for one or more of the disqualifying offenses, s. 435.07, F.S., allows the
secretary of the appropriate agency to exempt applicants from that disqualification under certain
circumstances, including when:13
 Three years have elapsed since the individual has completed or been lawfully released from
confinement, supervision, or a nonmonetary condition imposed by a court for a disqualifying
felony; or
 The applicant has completed or been lawfully released from confinement, supervision, or a
nonmonetary condition imposed by a court for a misdemeanor or an offense that was a felony at
the time of commission but is now a misdemeanor.
Receiving an exemption allows that individual to work despite the disqualifying crime in that person’s
past. However, an individual who is considered a sexual predator, 14 career offender,15 or sexual
offender (unless not required to register) 16 cannot ever be exempted from disqualification.17
Current law does not prohibit a person from becoming certified as a teacher if he or she is ineligible for
an exemption from a disqualifying offense under s. 435.07, F.S.
Care Provider Background Screening Clearinghouse
Many different agencies, programs, employers, and professionals serve vulnerable populations in
Florida. Personnel working with those entities who serve vulnerable persons are subject to background
screening. However, due to restrictions placed on the sharing of criminal history information, persons
who work for more than one agency or employer, who change jobs, or who wish to volunteer for such
an entity, often must undergo a new and duplicative background screening and fingerprinting.
Policies imposed by the FBI prevent the sharing of criminal history information except within a given
“program.” Since each regulatory area is covered by a different controlling statute and screenings are
done for separate purposes, the screenings have been viewed as separate “program” areas and
sharing of results has not been allowed.18 In addition, screenings are only accurate as of the date they
are run. Arrests or convictions occurring after the screening are not known until the person is
rescreened or self-reports.
In 2012, the Legislature created the Care Provider Background Screening Clearinghouse
(Clearinghouse) to create a single “program” of screening individuals and allow for the results of
criminal history checks of persons acting as covered care providers to be shared among the specified
agencies.19 Designated agencies include the Agency for Health Care Administration (AHCA), the
12 Section 435.04(2), F.S.
13 Section 435.07(1), F.S.
14 Section 775.261, F.S.
15 Section 775.261, F.S.
16 Section 943.0435, F.S.
17 Section 435.07(4)(b), F.S.
18 See Pub. L. No. 92-544 (Oct. 25, 1972); 28 C.F.R. Part 20; 28 C.F.R. s. 50.12.
19 Chapter 2012-73, L.O.F.
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 Department of Health, the Department of Children and Families, the Department of Elder Affairs, the
Agency for Persons with Disabilities, and Vocational Rehabilitation within the DOE.20 Once a person’s
screening record is in the Clearinghouse, that person will avoid the need for any future state screens
and related fees.21 Final implementation of the Clearinghouse by the designated state agencies was
required by October 1, 2013. The Clearinghouse was initially implemented by AHCA on January 1,
2013.
Qualified entities and educational entities are not currently required to conduct background screenings
through the Clearinghouse.
Background Screening of Individuals at Schools
To be eligible to work in a district school system, a person must meet the following basic specification
requirements:
 Be of good moral character;
 Be at least 18 years of age;
 Be employed in an instructional capacity;
 Be eligible for employment in a school district;22 and
 When required by law, hold a certificate or license issued under rules of the State Board of
Education (SBE) or Department of Children and Families (DCF). 23
Instructional and noninstructional personnel who are hired or contracted to fill positions that require
direct contact with students must also undergo background screening as specified in law. 24
Individuals who work in or provide services to school districts, charter schools, alternative schools, and
private schools participating in state school choice scholarship programs 25 must undergo a fingerprint-
based background screening before being permitted access to school grounds. 26 The individuals who
must undergo background screening fall under three personnel classifications: instructional and
noninstructional personnel;27 noninstructional school district employees and contracted personnel; 28 and
noninstructional contractors.29 Candidates for educator certification must also undergo background
screening.30
The background screening requirements for each personnel classification vary depending upon the
individual’s duties, whether or not the individual is a school district employee, and the degree of contact
the individual has with students.31 Because they are more likely to have direct contact with students,
candidates for educator certification, instructional and noninstructional personnel, and noninstructional
school district employees and contracted personnel must be screened against a distinct list of 51
disqualifying offenses applicable to employment with public schools and school districts. 32 Athletic
coaches employed by public schools must be certified by the DOE and are subject to the s ame
20 Section 435.02(5), F.S. (defines “Specified agency”).
21 Agency for Health Care Administration, Clearinghouse Renewals,
https://ahca.myflorida.com/MCHQ/Central_Services/Backg round_Screening/Renewals.shtml (last visited Feb. 28, 2022).
22 See Section 1012.315, F.S. Eligibility requirements prohibit registered sex offenders or persons that have been convicted or found
guilty of a crime.
23 Section 1012.32, F.S.
24 See ss. 1012.465 and 1012.56, F.S.
25 The background screenings conducted by such private schools are conducted through the VECHS.
26 Sections 1002.421, 1012.32(2), 1012.465(2), and 1012.467(2)(a), F.S
27 Instructional and noninstructional personnel are individuals who are hired or contracted to fill positions that require direc t contact
with students in any public school. Section 1012.32(2), F.S.
28 Noninstructional school district employees and contracted personnel are individuals who are permitted access to school grounds
when students are present; who have direct contact with students; or who have access to, or control of, school funds. Section
1012.465(1), F.S.
29 Noninstructional contractors are vendors or contractors who are not school district employees, are permitted access to school
grounds when students are present, and have little or no direct contact with students. Section 1012.467(1)(a), F.S.
30 Sections 1012.315, 1012.32(2)(a), and 1012.56(10)(a), F.S.
31 See ss. 1012.32(2), 1012.465(2), and 1012.467(2)(a), F.S.
32 Sections 1012.315, 1012.32, and 1012.465, F.S.
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 background screening standards as other individuals seeking certification. 33 In contrast,
noninstructional contractors, individuals who are not school district employees and have no direct
contact with students, are screened against a statutory list of 12 disqualifying offenses.34
Fingerprints taken for a background screening are submitted to the FDLE for statewide criminal and
juvenile records checks and to the FBI for national criminal records checks. The cost of the background
screening may be borne by the district school board, the charter school, or the individual who is subject
to the screening requirements.35
FDLE enters and retains the fingerprints in the Automated Fingerprint Identification System (AFIS), and
retains them in the Applicant Fingerprint Retention and Notification Program (AFRNP) database. 36 Any
arrest fingerprints FDLE receives through the Criminal Justice Information Program 37 must then be
searched against the fingerprints retained in the AFRNP. Any arrest record that is identified with the
retained fingerprints of a person subject to the background screening must be reported to the
employing or contracting school district.38
Screening results for contractors, both those who have direct contact with students and those who
simply have access to school property when students are present, are entered into the Florida Shared
School Results (FSSR) system,39 which allows the results to be shared with other school districts
through a secure internet website or other secure electronic means. However, the screening results for
instructional personnel hired or contracted by an approved virtual instruction provider are not included
in FSSR. As a result, these individuals must often undergo background screening by multiple school
districts using the provider’s services.40
In addition to fingerprint-based background screening, before employing instructional personnel or
school administrators in any position that requires direct contact with students, school districts, charter
schools, and private schools participating in a state school choice scholarship program must: 41
 Conduct an employment history check of the individual’s previous employer. If unable to contact
a previous employer, efforts to contact the employer must be documented;
 Screen the individual through use of the Department of Education (DOE) Professional Practices’
Database of Disciplinary Actions A