The Florida Senate
HOUSE MESSAGE SUMMARY
Prepared By: The Professional Staff of the Committee on Criminal Justice
[2023s00676.hms.cj]
BILL: CS/SB 676
INTRODUCER: Appropriations Committee and Senator Grall
SUBJECT: Level 2 Background Screenings
DATE: May 3, 2023
I.Amendments Contained in Message:
House Amendment – 955767 (body with title)
II.Summary of Amendments Contained in Message:
House Amendment – 955767 does the following:
 Revises the definition of “affiliation” and adds the definition of “employment.”
 Requires persons with an affiliation with a qualified entity for whom such entity requires a
Level 2 background screening to undergo that screening.
 Amends s. 435.07, F.S., to authorize the head of a qualified entity to grant an exemption to a
person otherwise disqualified from employment, subject to the exemption requirements of
the statute and to specify when disqualification from affiliation may not be removed.
 Provides specified dates for:
o A person with a break in service of more than 90 days from a position for which a
background screening is conducted by a qualified entity participating in the Care Provider
Background Screening Clearinghouse (Clearinghouse) to submit to a national screening if
the person returns to the position for which screening is required by such entity.
o A qualified entity participating in the Clearinghouse to report the initial status and change
in status of persons included in the Clearinghouse.
o A qualified entity conducting background criminal history checks under s. 943.0452,
F.S., to submit to the Florida Department of Law Enforcement (FDLE) or the Agency for
Health Care Administration (AHCA) a request for background screening as specified by
statute, comply with Level 2 screening requirements in s. 435.12, F.S., and enter received
fingerprints into the Clearinghouse.
o The FDLE to provide non-exempt state criminal history records to the qualified entity or
the Clearinghouse to provide such records to the qualified entity only if the subject of the
records challenges them.
o The FDLE to provide national criminal history data to qualified entities for the purpose of
screening employees and volunteers s authorized by written waiver.
o The Clearinghouse to provide national criminal history data to a qualified entity only if
the person requests an exemption from such entity under s. 435.07, F.S.
o A qualified entity making the determination regarding screening to apply the Level 2
criteria under s. 435.04(2), F.S., to the state and national criminal history record
information received from the FDLE for those persons subject to screening.
BILL: CS/SB 676 Page 2
o A qualified entity or the AHCA to determine whether a criminal history record shows
that the employee or volunteer has not been arrested, etc., for an offense listed in
s. 435.02(2), F.S.
o A qualified entity or the AHCA to provide written notification to a person of his or her
right to obtain a copy of any background screening.
o The background screening of a person seeking educational certification to be conducted
through the Clearinghouse.
o The background screenings for school districts to be conducted through the
Clearinghouse.
 Requires a qualified entity participating in the Clearinghouse to register with and initiate all
criminal history checks through the Clearinghouse before referring an employee or potential
employee or person with a current or potential affiliation with a qualified entity for electronic
fingerprint submissions.
 Removes an effective date specific to the section of bill providing for appropriations to the
AHCA.


Statutes affected:
S 676 Filed: 943.05, 943.0542, 1012.315, 1012.467
S 676 c1: 943.05, 1012.315, 1012.467
S 676 e1: 943.05, 1012.315, 1012.56
S 676 er: 943.05, 1012.315, 1012.56