HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/CS/HB 975 Background Screening Requirements for Health Care Practitioners
SPONSOR(S): Health & Human Services Committee, Health Care Appropriations Subcommittee, Trabulsy
and others
TIED BILLS: IDEN./SIM. BILLS:
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Health & Human Services Committee 18 Y, 0 N, As CS Osborne Calamas
SUMMARY ANALYSIS
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.
Current law requires only specified health care professions to undergo background screening as a requirement
for initial licensure, including: allopathic and osteopathic physicians, interns, and fellows; physician assistants;
chiropractic physicians and chiropractic physician assistants; orthotists and prosthetists; podiatric physicians
and podiatric x-ray assistants; certified nursing assistants, licensed practical nurses, registered nurses, and
advanced practice registered nurses; athletic trainers; and massage therapists. In addition to the background
screening as a requirement for the initial licensure process, several of the listed professions require
subsequent national criminal history checks as a part of the licensure renewal process.
The majority of health care professions licensed by the Department of Health (DOH) do not undergo
background screening as a part of their initial licensure requirements.
The State Office on Homelessness within the Department of Children and Families (DCF) was established in
2001 as a central point of contact within state government on issues relating to homelessness. Continuums of
Care (CoCs) coordinate local efforts to prevent and end homelessness at the local level. DCF interprets
current law as subjecting contractors and subcontractors to background screening as a condition of their
contract with the department. As such, DCF requires employees of CoCs and their subcontractors to undergo
level 2 background screening. However, individuals with lived experience of homelessness, who can be helpful
in delivering homelessness services, may a criminal history that raise difficulties in passing a background
screening.
PCS for CS/HB 975 requires all health care professions licensed by DOH to undergo background screening as
a requirement for initial licensure. The bill also adds background screening to the licensure by endorsement
requirements for specified professions, including: occupational therapists, respiratory therapists, dieticians and
nutritionists, psychologists, and mental health professions.
The bill requires health care professionals licensed prior to July 1, 2024, to comply with the background
screening requirement as part of their next licensure renewal. The bill makes conforming changes.
The bill also establishes a pathway by which a person who has lived experience with homelessness may
qualify for a modified background screening process in order to be employed by certain homeless service
providers. This will allow homeless service providers to employ qualified individuals who may not otherwise be
able to pass the background screening typically required by DCF.
The bill provides an appropriation to implement the provisions of the bill. There is no fiscal impact on local
government.
The bill provides an effective date of July 1, 2024.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
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FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
Background Screening
Florida provides standard procedures for screening a prospective employee 1 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 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 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,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
Criminal History Checks
Florida law authorizes and outlines specific elements required for Level 1 and Level 2 background
screening; however, current law only establishes distinct requirements for determining whether an
individual “passes” a screening in regard to 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 the following 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 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.
1 S. 435.02, F.S., defines “employee” to mean any person required by law to be screened pursuant to this chapter, including, bu t not
limited to, persons who are contractors, licensees, or volunteers.
2 Ch. 435, F.S.
3 The Dru Sjodin National Sex Offender Public Website is a U.S. government website that links public state, territorial, and tr ibal sex
offender registries in one national search site. Available at www.nsopw.gov (last visited March 15, 2023).
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 March 15, 2023).
5 S. 435.04, F.S.
6 S. 435.04(2), F.S.
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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.
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.
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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.
Current law requires some positions to be screened for additional criminal offenses due to the nature of
the position or the populations being served. For example, some positions under the authority of the
Agency for Health Care Administration are screened for additional offenses, such as financial crimes
like fraud.7
The criminal history check process does not limit disqualification based on when an offense was
committed. As such, any history of a listed offense is considered disqualifying regardless of when the
offense was committed. Only through the exemption process can some offenses be disregarded
dependent on when they were committed.
Exemptions
For otherwise qualified individuals who would be disqualified from employment due to their criminal
history, there is a process through which they can be exempt from disqualification. Current law allows
the Secretary of the appropriate state agency to exempt applicants from disqualification under certain
circumstances:8
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 individual 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 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,9 career offender,10 or registered sexual offender11 is not eligible for
exemption.12
Exemption Process
To seek exemption from disqualification, an employee must submit a request for an exemption from
disqualification within 30 days after being notified of a pending disqualification.13 The disqualified
employee must apply to DCF for an exemption from disqualification. Such application requests
information regarding the individual, the facility and role they are applying for, details about their
criminal offense, and the status of any court-ordered payments (e.g., fees, fines, costs of prosecution or
restitution).14
To be exempted from disqualification and thus be able to work, the applicant must demonstrate by
clear and convincing evidence that he or she should not be disqualified from employment. 15 Clear and
convincing evidence is a heavier burden than the preponderance of the evidence standard but less
7 See, s. 408.809, F.S.
8 S. 435.07, F.S.
9 S. 775.21, F.S.
10 S. 775.261, F.S.
11 S. 943.0435, F.S.
12 S. 435.07(4)(b), F.S.
13 S. 397.4073(1)(f), F.S.
14 Department of Children and Families, Apply for an Exemption from Disqualification. Available at
https://www.myflfamilies.com/services/background-screening/apply-exemption-disqualification (last visited January 25, 2024).
15 S. 435.07(3)(a), F.S.
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than beyond a reasonable doubt.16 This means that the evidence presented is credible and verifiable,
and that the memories of witnesses are clear and without confusion. This evidence must create a firm
belief and conviction of the truth of the facts presented and, considered as a whole, must convince DCF
representatives without hesitancy that the requester will not pose a threat if allowed to hold a position of
special trust relative to children, vulnerable adults, or to developmentally disabled individuals. Evidence
that may support an exemption includes, but is not limited to: 17
Personal references;
Letters from employers or other professionals;
Evidence of rehabilitation, including documentation of successful participation in a rehabilitation
program;
Evidence of further education or training;
Evidence of community involvement;
Evidence of special awards or recognition;
Evidence of military service; and
Parenting or other caregiver experiences.
After the agency head receives a complete exemption request package from the applicant, the
background screening coordinator searches available data, including, but not limited to, a review of
records and pertinent court documents including case disposition and the applicant’s plea in order to
determine the appropriateness of granting the applicant an exemption. These materials, in addition to
the information provided by the applicant, form the basis for a recommendation as to whether the
exemption should be granted.18
After all reasonable evidence is gathered, the background screening coordinator consults with his or
her supervisor, and after consultation with the