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 Appropriations Committee on Health and Human Services
BILL: CS/SB 1008
INTRODUCER: Appropriations Committee on Health and Human Services; Senators Grall and Book
SUBJECT: Background Screening Requirements for Health Care Practitioners
DATE: February 15, 2024 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Looke Brown HP Favorable
2. Gerbrandt McKnight AHS Fav/CS
3. FP
I. Summary:
CS/SB 1008 amends s. 456.0135, F.S., to add background screening requirements to numerous
health care professions where not currently required.
The bill requires each health care practitioner who was licensed before July 1, 2024, to comply
with the background screening requirements in s. 456.0135, F.S., by July 1, 2025. Additionally,
the bill amends each affected practitioner practice act to add the licensure requirement to submit
to a background screening pursuant to s. 456.0135, F.S., and, for specified practitioners, to
require a background screening for licensure by endorsement.
The bill adds eight offenses to the current list of 52 offenses that can disqualify a person from
employment with the screening entity. The bill also makes technical and conforming changes.
The bill has a significant, negative fiscal impact on state government. See Section V., Fiscal
Impact Statement.
The bill takes effect July 1, 2024.
II. Present Situation:
Background Screening
Florida provides standard procedures for screening a prospective employee1 where the
Legislature has determined it is necessary to conduct a criminal history background check to
protect vulnerable persons.2 Chapter 435, F.S., establishes procedures for criminal history
1
Section 435.02(2), F.S., defines “employee” to mean any person required by law to be screened pursuant to this chapter,
including, but not limited to, persons who are contractors, licensees, or volunteers.
2
Chapter 435, F.S.
BILL: CS/SB 1008 Page 2
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, statewide criminal
correspondence checks through the Florida Department of Law Enforcement (FDLE), and a
check of the Dru Sjodin National Sex Offender Public Website,3 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.4
Level 2 Screening includes, at a minimum, 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.5
Florida law authorizes and outlines specific elements required for Level 1 and Level 2
background screening and establishes requirements for determining whether an individual passes
a screening regarding an individual’s criminal history. All individuals subject to background
screening must be confirmed to have not been arrested for and waiting 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 52
offenses prohibited under Florida law, or similar law of another jurisdiction:6
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 s. 435.04(2), F.S.
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.
3
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. Available at www.nsopw.gov (last visited Jan. 25, 2024).
4
Florida Department of Law Enforcement, State of Florida Criminal History Records Check. Available at
http://www.fdle.state.fl.us/Criminal-History-Records/Florida-Checks.aspx (last visited Jan. 25, 2024).
5
Section 435.04, F.S.
6
Section 435.04(2), F.S.
BILL: CS/SB 1008 Page 3
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.
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.
BILL: CS/SB 1008 Page 4
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.
Exemptions
Should a person be disqualified from employment due to failing a background screening, he or
she may apply to the secretary of the appropriate agency for an exemption. Current law allows
the secretary to exempt applicants from disqualification under certain circumstances including:7
Felonies for which at least three years have elapsed since the applicant for the exemption has
completed or been lawfully released from confinement, supervision, or nonmonetary
condition imposed by the court for the disqualifying felony;
Misdemeanors prohibited under any of the cited statutes or under similar statutes of other
jurisdictions for which the applicant for the exemption has completed or been lawfully
released from confinement, supervision, or nonmonetary condition imposed by the court;
Offenses that were felonies when committed but that are now misdemeanors and for which
the applicant for the exemption has completed or been lawfully released from confinement,
supervision, or nonmonetary condition imposed by the court; or
Findings of delinquency. For offenses that would be felonies if committed by an adult and
the record has not been sealed or expunged, this exemption may not be granted until at least
three years have elapsed since the applicant for the exemption has completed or been
lawfully released from confinement, supervision, or nonmonetary condition imposed by the
court for the disqualifying offense.
Receiving an exemption allows that individual to be employed in a profession or workplace
where background screening is statutorily required despite the disqualifying offense in that
person’s past. Certain criminal backgrounds, however, render a person ineligible for an
exemption; a person who is considered a sexual predator,8 career offender,9 or registered sexual
offender10 is not eligible for exemption.11
Care Provider Background Screening Clearinghouse
Florida has established different programs for the facilitation of background screenings. The
Care Provider Background Screening Clearinghouse (Clearinghouse) is used by state agencies
7
Section 435.07, F.S.
8
Section 775.21, F.S.
9
Section 775.261, F.S.
10
Section 943.0435, F.S.
11
Section 435.07(4)(b), F.S.
BILL: CS/SB 1008 Page 5
for statutorily-required screenings, including screenings required as part of the licensure process
for specified health care professionals.
In 2012, the Legislature created the 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.12 Current designated agencies participating
in the Clearinghouse include:13
The Agency for Health Care Administration (AHCA);
The Department of Health (DOH);
The Department of Children and Families (DCF);
The Department of Elder Affairs (DOEA);
The Agency for Persons with Disabilities (APD);
The Department of Education (DOE);
Regional workforce boards providing services as defined in s. 445.002(3), F.S.; and
Local licensing agencies approved pursuant to s. 402.307, F.S., when these agencies are
conducting state and national criminal history background screening on persons who work
with children or persons who are elderly or disabled.
Employers whose employees are screened through an agency participating in the Clearinghouse
must maintain the status of individuals being screened and update the Clearinghouse regarding
any employment changes within 10 business days of the change.14
The Clearinghouse allows for constant review of new criminal history information through the
federal Rap Back Service15 which continually matches fingerprints against new arrests or
convictions that occur after the individual was originally screened. Once a person’s screening
record is in the Clearinghouse, that person may avoid the need for any future state screens and
related fees for screenings, depending on the screening agencies or organizations.16
Background Screening of Health Care Practitioners
The DOH received 134,362 applications last fiscal year for initial health care practitioner
licensing. Of those initial applications, 68 percent of applicants were required under law to
12
Chapter 2012-73, L.O.F.
13
Section 435.02(5), F.S. Additional entities were added to the list of designated entities beginning in 2023; these entities
include district units, special district units, the Florida School for the Deaf and Blind, the Florida Virtual School, virtual
instruction programs, charter schools, hope operators, private schools participating in certain scholarship programs, and
alternative schools. See also, Ch. 2022-154, L.O.F.
14
Section 435.12(2)(c), F.S.; Beginning January 1, 2024, employers must report changes in an employee’s status within five
business days for employees screened after January 1, 2024.
15
The Rap Back Service is managed by the FBI’s Criminal Justice Information Services Division. For more information, see
the Federal Bureau of Investigation, Privacy Impact Assessment for the Next Generation Identification (NGI) Rap Back
Service. Available at https://www.fbi.gov/file-repository/pia-ngi-rap-back-service.pdf/view (last visited January 25, 2024).
16
Agency for Health Care Administration, Clearinghouse Renewals. Available at
https://ahca.myflorida.com/MCHQ/Central_Services/Background_Screening/Renewals.shtml (last visited January 25, 2024).
Fingerprints are retained for five years. Employers have an option to renew screenings at the end of the five year period
through a “Clearinghouse Renewal” process which allows employee’s fingerprints to be retained without being re-
fingerprinted.
BILL: CS/SB 1008 Page 6
submit a Level 2 background screening for state and federal criminal history as part of the
application review. These screened professionals use electronic Livescan providers to submit
fingerprints at a cost of $37.50 to the individual, plus the Livescan fees. Screening is processed
by the FDLE, sent to the Clearinghouse, and matched to the application within a few days. Last
year, 17,532 applicants had screenings that included criminal history and their application review
often included the submission of further documentation and an appearance before their
professional board to be approved for licensure. Of applicants for initial licensure, 123 were
denied licensure, which may have included reasons other than criminal history.17
The following table is the list of screened and non-screened health care professions.18
Professions
Screened Non-Screened
Athletic Trainers Acupuncture
Chi