The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Criminal Justice
BILL: CS/SB 1830
INTRODUCER: Criminal Justice Committee and Senators Brodeur and Book
SUBJECT: Background Screenings
DATE: February 1, 2022 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Erickson Jones CJ Fav/CS
2. ACJ
3. AP
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 1830 amends various statutes and statutory provisions relating to background screenings
of individuals who work with children and other vulnerable persons. These persons are required
to undergo criminal background screening. Depending on the role of the individual or the agency
responsible, the individual may be screened by the Florida Department of Law Enforcement
(FDLE) through the Volunteer Employee Criminal History System (VECHS), the Florida Shared
School Results (FSSR) system, or the Care Provider Background Screening Clearinghouse
(Clearinghouse). However, screening results are only shared among employers through the FSSR
or the Clearinghouse.
Major features of the bill include:
 Requiring the Florida Department of Education (DOE), school districts, lab schools, the
Florida School for the Deaf and the Blind, the Florida Virtual School, virtual instruction
providers, charter schools, school of hope operators, early learning coalitions, and qualified
entities currently using VECHS to conduct background screenings through the
Clearinghouse;
 Providing the process for background screenings to be used by the entities newly
incorporated into the Clearinghouse;
 Revising screening requirements for youth athletic coaches by changing the background
screening standard from level 1 to level 2 and for instructional personnel and
noninstructional personnel by including arrests for certain offenses as disqualifying offenses;
and
BILL: CS/SB 1830 Page 2
 Relevant to individuals subject to background screening, requiring the FDLE to develop a
method for establishing identification through automated biometrics which may include
latent fingerprints, palm prints, facial recognition, or retina scans.
The impact of the bill on the Agency for Health Care Administration (AHCA) and the FDLE has
not yet been determined, and no impact was noted by the DOE. Further, the AHCA will need to
evaluate the impact of the inclusion of these new entities in the Clearinghouse. This impact is
also currently unknown. See Section V. Fiscal Impact Statement.
The bill takes effect July 1, 2023.
II. Present Situation:
Employee Background Screenings - Level 1 and Level 2 Screening Standards (ss. 435.03
and 435.04, F.S.)
Florida law 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 These standards include two different levels of screening: “level 1”
employment screening (s. 435.03, F.S.) and “level 2” employment screening (s. 435.04, F.S.).
Section 435.03, F.S., addresses a level 1 screening, which is a name-based demographic
screening that includes an employment history check, statewide criminal history record check
through the FDLE, and a check of the Dru Sjodin National Sex Offender Public Website,2 and
may include local criminal records checks through local law enforcement agencies.3 A level 1
screening may be conducted through the FDLE’s website, which provides immediate results.4
Any person required by law to be screened pursuant to s. 435.03, F.S., must not have an arrest
awaiting final disposition, must not have been found guilty of, regardless of adjudication, or
entered a plea of nolo contendere or guilty to, and must not have been adjudicated delinquent and
the record has not been sealed or expunged for, any offense prohibited under s. 435.04(2), F.S.,
or similar law of another jurisdiction.5
Section 453.04, F.S., addresses a level 2 screening, which is a fingerprint-based search of
statewide criminal history records through the FDLE and national criminal history records
1
Chapter 435, F.S.
2
This website, which is operated by the U.S., Department of Justice, contains information from sex offender registries of all
50 states, the District of Columbia, U.S. territories, and self-governing Native American communities/jurisdictions. See
https://www.nsopw.gov/ (last visited on Jan. 25, 2022).
3
Section 435.03(1), F.S.
4
State of Florida Criminal History Records Check, Florida Department of Law Enforcement, available at
http://www.fdle.state.fl.us/Criminal-History-Records/Florida-Checks.aspx (last visited on Jan. 25, 2022).
5
Section 435.03(2), F.S. Additionally, the security background investigations under s. 435.03, F.S., must ensure that no
person subject to this statute has been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or
guilty to, any offense that constitutes domestic violence as defined in s. 741.28, F.S., whether such act was committed in this
state or in another jurisdiction.
BILL: CS/SB 1830 Page 3
through the Federal Bureau of Investigation (FBI), and which may include local criminal records
checks through local law enforcement agencies.6
The security background investigations under s. 435.04, F.S., must ensure that no persons subject
to the provisions of this statute have been arrested for and are awaiting final disposition of, have
been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to,
or have been adjudicated delinquent and the record has not been sealed or expunged for, any
offense prohibited under any state law offense listed in s. 435.04(2), F.S., or similar law of
another jurisdiction.7
Florida licensure laws require providers licensed by the AHCA to conduct a level 2 background
screening for:
 The licensee, if an individual;
 The administrator or a similarly titled person who is responsible for the day-to-day operation
of the provider;
 The financial officer or similarly titled individual who is responsible for the financial
operation of the licensee or provider;
 Any person who is a controlling interest; and
 Any person, as required by authorizing statutes, seeking employment with a licensee or
provider who is expected to, or whose responsibilities may require him or her to, provide
personal care or services directly to clients or have access to client funds, personal property,
or living areas; and any person, as required by authorizing statutes, contracting with a
licensee or provider whose responsibilities require him or her to provide personal care or
personal services directly to clients, or contracting with a licensee or provider to work 20
hours a week or more who will have access to client funds, personal property, or living
areas.8
Volunteer Employee Criminal History System
The Volunteer Employee Criminal History System (VECHS) “was implemented in 1999 and is
authorized by the National Child Protection Act (NCPA)(1993),9 as amended, and Florida
Statute 943.0542 (1999).”10 The VECHS program provides “state and national criminal history
record information on applicants, employees, and volunteers to qualified organizations (not
individuals) in Florida. With this criminal history information, the organizations can more
6
Section 435.4(1)(a), F.S.
7
Section 435.04(2), F.S. The extensive list of offenses in this subsection includes, but is not limited to, many violent
offenses, including sexual offenses. Id. Additionally, the security background investigations under s. 435.04, F.S., must
ensure that no person subject to this section has 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, any offense that constitutes domestic violence as
defined in s. 741.28, F.S., whether such act was committed in this state or in another jurisdiction.
8
Section 408.809(1), F.S.
9
Pub. L. 103-209 (Dec. 20, 1993).
10
Volunteer & Employee Criminal History System, Florida Department of Law Enforcement, available at
https://www.fdle.state.fl.us/Background-Checks/VECHS-
Home.aspx#:~:text=VECHS%20(pronounced%20%22vecks%22),Florida%20Statute%20943.0542%20(1999) (last visited
on Jan. 25, 2022).
BILL: CS/SB 1830 Page 4
effectively screen out current and prospective volunteers and employees who are not suitable for
contact with children, the elderly, or the disabled.”11
A “qualified entity” is a business or organization, whether public, private, operated for profit,
operated not for profit, or voluntary, which provides care12 or care placement services, including
a business or organization that licenses or certifies others to provide care or care placement
services.13 Qualified entities that register with the FDLE may screen personnel and employees
through the submission of fingerprints. Each request must be voluntary and conform to the
requirements of the NCPA, as amended.14
The FDLE provided further information on who is or is not qualified to participate in the
VECHS:
The VECHS program is not available to organizations currently required to obtain
criminal history record checks on their employees and/or volunteers under other statutory
provisions, such as day care centers. Those organizations must continue to follow the
statutory mandates that specifically apply to them. If, however, an organization is
required to obtain state and national checks on only specific types of employees or
volunteers, the VECHS program may be able to process requests for state and national
checks on the organization’s other employees or volunteers.
To be qualified to participate in the VECHS program, an organization (public, private,
profit, or non-profit) or particular program facilitated by the organization must offer
“care” or “care placement services,” specifically to children, the elderly, or the disabled,
as defined in Florida Statute 943.0542.15
Care Provider Background Screening Clearinghouse (s. 435.12, F.S.)
Many different agencies, programs, employers, and professionals serve vulnerable populations in
Florida. Personnel working with those entities, including paid employees and volunteers are
subject to background screening requirements. However, due to restrictions placed on the sharing
of criminal history information, persons who work for more than one agency or employer or
change jobs, or wish to volunteer for such an entity, often must undergo a new and duplicative
background screening and fingerprinting. This was time consuming for those involved and
increases the cost to the employer or employee.16
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
11
Id.
12
“Care” means the provision of care, treatment, education, training, instruction, supervision, or recreation to children, the
elderly, or individuals with disabilities. Section 943.0542(1)(a), F.S.
13
Section 943.0542(1), F.S.
14
Section 943.0542(2), F.S.
15
About VECHS, Florida Department of Law Enforcement, available at https://www.fdle.state.fl.us/Background-
Checks/About-Us (last visited on Jan. 25, 2022).
16
Florida House of Representatives Staff Analysis (CS/CS/CS/HB 943), dated Feb. 17, 2012, available at
https://www.flsenate.gov/Session/Bill/2012/943/Analyses/h0943e.HHSC.PDF (last visited on Jan. 25, 2022).
BILL: CS/SB 1830 Page 5
“program” areas and sharing of results has not been allowed. In addition, screenings are only as
good as the date they are run. Arrests or convictions occurring after the screening are not known
until the person is rescreened or self-reports.17
In response to these issues, the Legislature created the Care Provider Background Screening
Clearinghouse (Clearinghouse) in 2012.18 The legislation required the AHCA, in consultation
with the FDLE, to create the Clearinghouse. “The purpose of the Clearinghouse is to provide a
single data source for background screening results of persons required to be screened by law for
employment in positions that provide services to children, the elderly, and disabled individuals.
The Clearinghouse allows the results of criminal history checks to be shared among specified
agencies19 when a person has applied to volunteer, be employed, be licensed, or enter into a
contract that requires a state and national fingerprint-based criminal history check....”20
Background Screening of Individuals at Schools
Individuals who work in or provide services to school districts, charter schools, schools of hope,
alternative schools, and private schools participating in state school choice scholarship programs
must undergo a fingerprint-based background screening before being permitted access to school
grounds.21 The individuals who must undergo background screening fall under three personnel
classifications: instructional and noninstructional personnel;22 noninstructional school district
employees and contracted personnel;23 and noninstructional contractors.24 Candidates for
educator certification must also undergo background screening.25
Because they are more likely to have direct contact with students, an extensive list of
disqualifying offenses applies to candidates for educator certification, instructional and
noninstructional personnel, and noninstructional school district employees and contracted
personnel, relevant to these personnel and employees.26 In contrast, a more limited list of
17
Id.
18
Id. See ch. 2012-73, L.O.F.
19
“Specified agencies” include the AHCA, the Department of Health (DOH), the Department of Children and Families, the
Department of Elder Affairs, the Agency for Persons with Disabilities, and Vocational Rehabilitation within the Florida
Department of Education. See s. 435.02(5), F.S., and Privacy Policy Acknowledgement Form, Care Provider Background
Screening Clearinghouse, available at
https://ahca.myflorida.com/MCHQ/Central_Services/Background_Screening/docs/Privacy_Policy.pdf (last visited on Jan. 25,
2022).
20
Care Provider Background Screening Clearinghouse (Clearinghouse), Agency for Health Care Administration, available
at https://ahca.myflorida.com/MCHQ/Central_Services/Background_Screening/BGS_results.shtml (last visited on Jan. 25,
2022), citing s. 435.12, F.S.
21
Sections 1002.421(1)(m), 1012.32(2), 1012.465(1), and 1012.467(2)(a), F.S.
22
Instructional and noninstructional personnel include individuals who are hired or contracted to fill positions that require
direct contact with students in any public school or alternative school or fill positions in a charter school or school of hope.
Section 1012.32(2), F.S.
23
Noninstructional school district employees and contracted personnel include 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.
24
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) and
(2)(a), F.S.
25
Sections 1012.315 and 1012.56(10)(a), F.S.
26
Sections 1012.315, 1012.32(2) (flush left language at the end of the subsection), and 1012.465(2) and (3), F.S.
BILL: CS/SB 1830 Page 6
disqualifying offenses applies to noninstructional contractors, individuals who are not school
district employees and have little or no direct contact with students.27
Fingerprints taken for a background screening are submitted to the FDLE for a statewide
criminal and juvenile records check and to the FBI for a national criminal records check.