HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 249 Level 2 Background Screenings
SPONSOR(S): Health & Human Services Committee, Trabulsy
TIED BILLS: None. IDEN./SIM. BILLS: SB 676
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Education & Employment Committee 20 Y, 0 N Wolff Hassell
2) Health & Human Services Committee 16 Y, 0 N, As CS Brazzell Calamas
3) Appropriations Committee
4) Judiciary Committee
SUMMARY ANALYSIS
Some individuals who work or volunteer with children or other vulnerable persons, or own or operate businesses or
facilities that serve them, as well as many other individuals, are required either by law or by their organization to undergo
background screening. Depending on the role of the individual or the agency responsible, those individuals 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), as well as outside of these programs. However,
screening results are only shared when they are conducted through the FSSR or the Clearinghouse, which means that
some individuals may be screened multiple times for different agencies, employers, or organizations with which they
volunteer. These systems also have different fees and different requirements regarding maintaining fingerprints for
continual review against new and updated criminal history information. Background screenings are widely conducted in
Florida; the Clearinghouse alone ran almost 1 million screenings in 2022.
CS/HB 249 revises the standards by which some individuals are screened. The bill:
adds to the process for a Level 2 security background investigation of current or prospective employees a search
of the sexual predator and sexual offender of any state in which the individual resided during the previous five
years.
subjects certain individuals to a Level 2 standard instead of their current screening standard:
o individuals who have direct contact with a student in a district school system, a charter school, or a
private school that participates in a state scholarship program.
o Youth athletic coaches.
Additionally, the bill delays existing statutory timeframes for bringing education-related entities into the Clearinghouse.
The bill allows qualified entities to conduct background screenings using the Clearinghouse beginning January 1, 202 6.
This will facilitate sharing of screening results among the qualified entities. Any qualified entities using the Clearinghouse
must use Level 2 screening standards.
CS/HB 249 also requires AHCA to make eligibility determinations for screenings through the Department of Education,
other education-related entities, and qualified entities.
The bill also has a significant, negative fiscal impact on the Agency for Health Care Administration and an indeterminate
impact on the Department of Law Enforcement, and no fiscal impact on local governments. See Fiscal Comments.
The bill has an effective date of July 1, 2024, except as otherwise provided.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h0249c.HHS
DATE: 4/12/2023
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
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 There are two levels of background screening: level 1 and level 2.
o 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
o 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 These screenings typically take at least several days to complete.
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, 2023).
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, 2023).
4 Section 435.04, F.S.
STORAGE NAME: h0249c.HHS PAGE: 2
DATE: 4/12/2023
A few examples of individuals who are subject to Level 2 background screening include:
Department of
Agency for
Agency for Health Care Department of Children Education/ Department of
Persons with
Administration and Families Education- Health
Disabilities
Related Entities
Owners/administrators of Direct service All personnel of any Owners/chief Medical doctors
ambulatory surgery providers of provider contracted with administrative
centers, birth centers, and individuals DCF for a program for officers and Podiatric
organ procurement with children7 operators of physicians
organizations, adult day developmental private schools
care centers, nursing disabilities Owners, directors, chief that intend to Licensed
homes, and hospitals unrelated to financial officers, and participate in practical nurses
their clients 6 clinical supervisors of state
Employees and substance abuse scholarship Registered
contractors providing treatment service programs nurses
personal care/services in providers
home health agencies, Employees or Pharmacy
hospice, crisis Substance abuse contracted owners
stabilization units treatment provider personnel with
service personnel who direct student Massage
Employees that have have direct contact with contact with therapists
access to client property, children or adults with scholarship
funds or living areas with developmental students 11 Orthotists &
transitional living facilities, disabilities receiving Prosthetists 12
home medical equipment services 8
providers, and assisted
living facilities 5 Child care personnel9
Summer camp
personnel10
Additional examples of required Level 2 screenings include:
o Appointments to the Gaming Control Commission and the executive director of the
commission.13
o Inspectors general of agencies under the jurisdiction of the Governor. 14
o Any state agency employees whose positions are deemed by their agencies to involve special
trust, responsibility or sensitive location.15
o Owners and managers of certified marijuana testing laboratories.16
o Recovery residence administrators.17
5 Agency for Health Care Administration, Who is Required to be Screened?, https://ahca.myflorida.com/health-care-policy-
and-oversight/bureau-of-central-services/background-screening/screening/who-is-required-to-be-screened (accessed
April 6, 2023).
6 Section 393.0655(1), F.S.
7 Section 39.001(2), F.S.
8 Section 397.451(1), F.S.
9 Section 402.305(2), F.S.
10 Section 409.175, F.S.
11 Florida Department of Education, Criminal Back ground Screening Requirement,
https://www.floridaschoolchoice.org/information/privat e_schools/criminal_bs.asp (accessed April 6, 2023).
12 Florida Department of Health, Agency analysis of 2023 House Bill 249, p. 3 (March 15, 2023).
13 Section 16.71(3)(a) and (4)(a), F.S.
14 Section 20.055(4)(b), F.S.
15 Section 110.1127(2)(a), F.S.
16 Section 381.988(1)(d), F.S.
17 Section 397.4871(5), F.S.
STORAGE NAME: h0249c.HHS PAGE: 3
DATE: 4/12/2023
o Any individuals certified through the Florida Certification Board, such as certified community
health workers and certified gambling addiction counselors. 18
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. 19 Such information for a level 2
screening includes fingerprints, which are taken by a vendor that submits them electronically to FDLE.20
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.21 Additionally, for both levels of screening, FDLE must
perform a criminal history record check of its records.22 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. 23 For level 2
screenings, 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. 24 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.25
While Florida law authorizes and specifies different elements comprising Level 1 and Level 2
background screening, the statutes establish distinct requirements for determining whether an
individual “passes” a screening only in regard to the criminal history portion of the screening.
Criminal History Checks
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 following 52 offenses prohibited under Florida law, or similar law of another
jurisdiction:26
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.
18 Florida Certification Board, Florida Certification Board Criminal History Policy, https://flcertificationboard.org/wp-
content/uploads/FCB-Criminal-History-P olicy-February-2021.pdf and Credentials,
https://flcertificationboard.org/credentials/ (accessed April 6, 2023).
19 Section 435.05(1)(a), F.S.
20 Section 435.03(1) and 435.04(1)(a), F.S.
21 Section 435.05(1)(b)-(c), F.S.
22 Id.
23 Section 435.05(1)(b), F.S.
24 Section 435.05(1)(c), F.S.
25 Section 435.05(1)(d), F.S.
26 Section 435.04(2), F.S.
STORAGE NAME: h0249c.HHS PAGE: 4
DATE: 4/12/2023
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.
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.
Ch