HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/CS/CS/HB 1505 Background Screenings
SPONSOR(S): Appropriations Committee, Health & Human Services Committee, Education & Employment
Committee, Trabulsy
TIED BILLS: IDEN./SIM. BILLS: CS/SB 1830
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Education & Employment Committee 21 Y, 0 N, As CS Wolff Hassell
2) Health & Human Services Committee 20 Y, 0 N, As CS Morris Calamas
3) Appropriations Committee 26 Y, 0 N, As CS Nobles Pridgeon
SUMMARY ANALYSIS
Individuals who work with children and other vulnerable 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 through the Volunteer Employee Criminal History System (VECHS), the Florida Shared
School Results (FSSR) system, or the Agency for Health Care Administration’s (AHCA) Care Provider Background
Screening Clearinghouse (Clearinghouse). However, screening results are only shared among employers through the
FSSR or the Clearinghouse.
CS/CS/HB 1505 requires school districts, lab schools, The Florida School for the Deaf and the Blind, the Florida Virtual
School, virtual instruction providers, charter schools, hope operators, early learning coalitions, and private schools
participating in an educational scholarship program (education entities) to conduct background screenings through the
Clearinghouse beginning on January 1, 2023. The bill provides a schedule for rescreening of such individuals as they
move into the Clearinghouse.
The bill also authorizes qualified entities to conduct background screenings using the Clearinghouse beginning January 1,
2024, if such entities choose to do so. If a qualified entity chooses to use the Clearinghouse, it must comply with all
Clearinghouse requirements and processes for background screening required by law.
Current law authorizes the Secretary of the appropriate agency to exempt applicants from disqualification und er certain
circumstances for certain offenses under s. 435.07, F.S. However, an individual who is considered a sexual predator,
career offender, or sexual offender (unless not required to register) cannot ever be exempted from disqualification. The bill
makes a person ineligible for teacher certification if ineligible for an exemption from a disqualifying offense under s.
435.07, F.S.
Under the bill, FDLE must retain fingerprints obtained from background screenings for the purpose of providing arrest
notifications subsequent to initial background screenings of education entities and qualified entities. Additionally, FDLE
must develop a method for establishing the identity of individuals who undergo background screening using automated
biometrics.
Current law requires youth athletic coaches to undergo a Level 1 background screening if the coach works for more than
20 hours per year. The bill revises background screening requirements for youth athletic coaches by requiring coaches to
undergo Level 2 screenings and removing the 20 hour cap.
Current law allows subjects of sealed or expunged criminal history records to deny or fail to acknowledge the arrests
covered by the sealed or expunged record, with exceptions. The bill prohibits individuals seeking employm ent at a school
of hope and noninstructional individuals who contract with DOE from denying or failing to acknowledge arrests covered by
a sealed or expunged record.
The bill provides an appropriation of $866,431 from AHCA’s Health Care Trust Fund and aut horizes five full time
equivalent positions for the purpose of implementing the provisions in the act.
The bill provides an effective date of July 1, 2023, unless otherwise expressly provided in the bill.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h1505d.APC
DATE: 2/22/2022
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
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
Current law establishes standard procedures for criminal history background screening of prospective
employees; ch. 435, F.S., 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
Disqualifying Offenses
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
Jan. 5, 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 Jan. 24, 2022).
4 S. 435.04, F.S.
5 S. 435.05(1)(a), F.S.
6 S. 435.03(1) and 435.04(1)(a), F.S.
7 S. 435.05(1)(b)-(c), F.S.
8 Id.
9 S. 435.05(1)(b), F.S.
10 S. 435.05(1)(c), F.S.
11 S. 435.05(1)(d), F.S.
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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 following 51 offenses prohibited under Florida law, or similar law of another
jurisdiction:12
Section 393.135, F.S., relating to sexual misconduct with certain developmentally disabled
clients and reporting of such sexual misconduct.
Section 394.4593, F.S., relating to sexual misconduct with certain mental health patients and
reporting of such sexual misconduct.
Section 415.111, F.S., relating to adult abuse, neglect, or exploitation of aged persons or
disabled adults.
Section 777.04, F.S., relating to attempts, solicitation, and conspiracy to commit an offense
listed in this subsection.
Section 782.04, F.S., relating to murder.
Section 782.07, F.S., relating to manslaughter, aggravated manslaughter of an elderly person or
disabled adult, or aggravated manslaughter of a child.
Section 782.071, F.S., relating to vehicular homicide.
Section 782.09, F.S., relating to killing of an unborn child by injury to the mother.
Chapter 784, F.S., relating to assault, battery, and culpable negligence, if the offense was a
felony.
Section 784.011, F.S., relating to assault, if the victim of the offense was a minor.
Section 784.03, F.S., relating to battery, if the victim of the offense was a minor.
Section 787.01, F.S., relating to kidnapping.
Section 787.02, F.S., relating to false imprisonment.
Section 787.025, F.S., relating to luring or enticing a child.
Section 787.04(2), F.S., relating to taking, enticing, or removing a child beyond the state limits
with criminal intent pending custody proceedings.
Section 787.04(3), F.S., relating to carrying a child beyond the state lines with criminal intent to
avoid producing a child at a custody hearing or delivering the child to the designated person.
Section 790.115(1), F.S., relating to exhibiting firearms or weapons within 1,000 feet of a
school.
Section 790.115(2)(b), F.S., relating to possessing an electric weapon or device, destructive
device, or other weapon on school property.
Section 794.011, F.S., relating to sexual battery.
Former s. 794.041, F.S., relating to prohibited acts of persons in familial or custodial authority.
Section 794.05, F.S., relating to unlawful sexual activity with certain minors.
Chapter 796, F.S., relating to prostitution.
Section 798.02, F.S., relating to lewd and lascivious behavior.
Chapter 800, F.S., relating to lewdness and indecent exposure.
Section 806.01, F.S., relating to arson.
Section 810.02, F.S., relating to burglary.
Section 810.14, F.S., relating to voyeurism, if the offense is a felony.
Section 810.145, F.S., relating to video voyeurism, if the offense is a felony.
Chapter 812, F.S., relating to theft, robbery, and related crimes, if the offense is a felony.
Section 817.563, F.S., relating to fraudulent sale of controlled substances, only if the offense
was a felony.
Section 825.102, F.S., relating to abuse, aggravated abuse, or neglect of an elderly person or
disabled adult.
Section 825.1025, F.S., relating to lewd or lascivious offenses committed upon or in the
presence of an elderly person or disabled adult.
12 S. 435.04(2), F.S.
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Section 825.103, F.S., relating to exploitation of an elderly person or disabled adult, if the
offense was a felony.
Section 826.04, F.S., relating to incest.
Section 827.03, F.S., relating to child abuse, aggravated child abuse, or neglect of a child.
Section 827.04, F.S., relating to contributing to the delinquency or dependency of a child.
Former s. 827.05, F.S., relating to negligent treatment of children.
Section 827.071, F.S., relating to sexual performance by a child.
Section 843.01, F.S., relating to resisting arrest with violence.
Section 843.025, F.S., relating to depriving a law enforcement, correctional, or correctional
probation officer of means of protection or communication.
Section 843.12, F.S., relating to aiding in an escape.
Section 843.13, F.S., relating to aiding in the escape of juvenile inmates in correctional
institutions.
Chapter 847, F.S., relating to obscene literature.
Section 874.05, F.S., relating to encouraging or recruiting another to join a criminal gang.
Chapter 893, F.S., relating to drug abuse prevention and control, only if the offense was a felony
or if any other person involved in the offense was a minor.
Section 916.1075, F.S., relating to sexual misconduct with certain forensic clients and reporting
of such sexual misconduct.
Section 944.35(3), F.S., relating to inflicting cruel or inhuman treatment on an inmate resulting in
great bodily harm.
Section 944.40, F.S., relating to escape.
Section 944.46, F.S., relating to harboring, concealing, or aiding an escaped prisoner.
Section 944.47, F.S., relating to introduction of contraband into a correctional facility.
Section 985.701, F.S., relating to sexual misconduct in juvenile justice programs.
Section 985.711, F.S., relating to contraband introduced into detention facilities.
Exemption from Disqualification
If an individual is disqualified due to a pending arrest, conviction, plea of nolo contendere, or
adjudication of delinquency to 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:13
Three years have elapsed since the individual has completed or been lawfully released from
confinement, supervision, or nonmonetary condition imposed by a court for a disqualifying
felony; or
The applicant has completed or been lawfully released from confinement, supervision, or
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 ineligible for an
exemption from a disqualifying offense under s. 435.07, F.S.
Volunteer Employee Criminal History System
13 S. 435.07(1), F.S.
14 S. 775.261, F.S.
15 S. 775.261, F.S.
16 S. 943.0435, F.S.
17 S. 435.07(4)(b), F.S.
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The Volunteer Employee Criminal History System (VECHS) was enacted in 1999 to implement the
National Child Protection Act (NCPA). The VECHS program provides state and national criminal history
record information on applicants, employees, and volunteers to qualified entities. A “qualified entity” is a
business or organization that provides care, treatment, education, training, instruction, supervision, or
recreation to children, the elderly, or individuals with disabilities. 18 Qualified entities that register with
FDLE may screen personnel and employees through the submission of fingerprints. Each request must
be voluntary and conform to the requirements of the National Child Protection Act of 1993, as
amended.19 Organizations that are statutorily required to obtain criminal history record checks on their
employees or volunteers may not use VECHS.20
Background Screening of Individuals at Schools
Individuals who work in or provide services to school districts, charter schools, alternative schools, and
private schools participating in state school choice scholarship programs 21 must undergo a fingerprint-
based background screening before being permitted access to school grounds. 22 The individuals who
must undergo background screening fall under three personnel classifications: instructional and
noninstructional personnel;23 noninstructional school dist