Senate Bill 1830 (2022) — Background screenings
SB 1830
Florida Bills
Florida Senate - 2022 SB 1830 By Senator Brodeur 9-01530-22 20221830__ Page 1 of 33 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1
An act relating to background screenings; amending s. 2 435.02, F.S.; revising the definition of the term 3 “specified agency”; amending s. 435.04, F.S.; deleting 4 obsolete language; amending s. 435.12, F.S.; 5 conforming a cross-reference; deleting obsolete 6 language; amending s. 943.0438, F.S.; requiring 7 independent sanctioning authorities to conduct level 2 8 instead of level 1 background screenings of current 9 and prospective athletic coaches; requiring certain 10 athletic coaches to be rescreened every 5 years 11 following the date of their most recent background 12 screening or exemption; providing an exception; 13 conforming provisions to changes made by the act; 14 amending s. 943.05, F.S.; requiring the Criminal 15 Justice Information Program to develop a method for 16 establishing direct identification in a certain 17 manner; requiring the program to retain certain 18 information without the need for an official written 19 request; requiring the program to search all arrest 20 fingerprint submissions without the need for a 21 request; amending s. 943.0542, F.S.; requiring, rather 22 than authorizing, the Department of Law Enforcement to 23 periodically audit qualified entities; requiring 24 certain entities to use the Care Provider Background 25 Screening Clearinghouse for screening an employee or a 26 volunteer; requiring a certain signed waiver to 27 include a specified statement; requiring the 28 clearinghouse to provide certain information directly 29
Florida Senate - 2022 SB 1830 9-01530-22 20221830__ Page 2 of 33 CODING: Words stricken are deletions; words underlined are additions. to qualified entities; deleting a requirement for the 30 Department of Law Enforcement to provide national 31 criminal history data directly to qualified entities; 32 prohibiting a qualified entity from employing or 33 allowing a volunteer under specified circumstances ; 34 requiring the Department of Law Enforcement to design 35 a compliance decal that meets specified requirements; 36 requiring qualified entities to comply with certain 37 provisions of law; authorizing the Department of Law 38 Enforcement to issue a fine of a specified minimum 39 amount for noncompliance; amending s. 1012.32, F.S.; 40 requiring certain fingerprints to be submitted to the 41 clearinghouse; deleting a requirement that district 42 school boards reimburse charter schools for the cost 43 of background screenings under certain circumstances; 44 requiring the clearinghouse to notify certain school 45 districts of any arrest records that are identified 46 with the retained fingerprints of certain individuals; 47 conforming provisions to changes made by the act; 48 amending s. 1012.465, F.S.; requiring school districts 49 to make a certain request through the clearinghouse; 50 amending s. 1012.467, F.S.; requiring certain 51 information to be filed or submitted through the 52 clearinghouse; authorizing school districts to 53 participate in a certain search process by using the 54 clearinghouse and paying any applicable annual fee to 55 the Agency for Health Care Administration and the 56 Department of Law Enforcement; conforming provisions 57 to changes made by the act; amending s. 1012.56, F.S.; 58
Florida Senate - 2022 SB 1830 9-01530-22 20221830__ Page 3 of 33 CODING: Words stricken are deletions; words underlined are additions. requiring school districts to make certain requests 59 through the clearinghouse; amending ss. 381.986, 60 381.988, 408.809, 456.0135, 494.00312, 494.00321, 61 494.00611, 496.4101, 559.555, 560.141, and 581.217, 62 F.S.; conforming cross-references; providing an 63 effective date. 64 65 Be It Enacted by the Legislature of the State of Florida: 66 67
Section 1. Subsection (5) of
section 435.02, Florida 68 Statutes, is amended to read: 69 435.02
Definitions.—For the purposes of this chapter, the 70 term: 71 (5) “Specified agency” means the Department of Health, the 72 Department of Children and Families, the Department of 73 Education, the Division of Vocational Rehabilitation within the 74 Department of Education, the Agency for Health Care 75 Administration, the Department of Elderly Affairs, the 76 Department of Juvenile Justice, the Agency for Persons with 77 Disabilities, regional workforce boards providing services as 78 defined in s. 445.002(3), each district unit pursuant to s. 79 1001.30, special district units pursuant to s. 1011.24, the 80 Florida School for the Deaf and the Blind pursuant to s. 81 1002.36, the Florida Virtual School pursuant to s. 1002.37, 82 virtual instruction programs pursuant to s. 1002.45, charter 83 schools pursuant to s. 1002.33, a School of Hope operator 84 pursuant to s. 1002.333, early learning coalitions pursuant to 85 s. 1002.83, a qualified entity pursuant to s. 943.0542(1), and 86 local licensing agencies approved pursuant to s . 402.307, when 87
Florida Senate - 2022 SB 1830 9-01530-22 20221830__ Page 4 of 33 CODING: Words stricken are deletions; words underlined are additions. these agencies are conducting state and national criminal 88 history background screening on persons who work with children 89 or persons who are elderly or disabled. 90
Section 2. Paragraphs (
b) and (
d) of subsection (1) of 91
section 435.04, Florida Statutes, are amended to read: 92 435.04 Level 2 screening standards.— 93 (1) 94 (
b) Fingerprints submitted pursuant to this
section on or 95 after July 1, 2012, must be submitted electronically to the 96 Department of Law Enforcement. 97 (
d) An agency may require by rule that fingerprints 98 submitted pursuant to this
section must be submitted 99 electronically to the Department of Law Enforcement on a date 100 earlier than July 1, 2012. 101
Section 3. Paragraph (
a) of subsection (2) and subsection 102 (3) of
section 435.12, Florida Statutes, are amended to read: 103 435.12 Care Provider Background Screening Clearinghouse. — 104 (2)(
a) To ensure that the information in the clearinghouse 105 is current, the fingerprints of an employee required to be 106 screened by a specified agency and included in the cl earinghouse 107 must be: 108 1. Retained by the Department of Law Enforcement pursuant 109 to s. 943.05(2)(
h) and (
i) and (3) s. 943.05(2)(
g) and (
h) and 110 (3), and the Department of Law Enforcement must report the 111 results of searching those fingerprints against state incoming 112 arrest fingerprint submissions to the Agency for Health Care 113 Administration for inclusion in the clearinghouse. 114 2. Retained by the Federal Bureau of Investigation in the 115 national retained print arrest notification program as soon as 116
Florida Senate - 2022 SB 1830 9-01530-22 20221830__ Page 5 of 33 CODING: Words stricken are deletions; words underlined are additions. the Department of Law Enforcement begins participation in such 117 program. Arrest prints will be searched against retained prints 118 at the Federal Bureau of Investigation and notification of 119 arrests will be forwarded to the Florida Department of Law 120 Enforcement and reported to the Agency for Health Care 121 Administration for inclusion in the clearinghouse. 122 3.
Resubmitted for a Federal Bureau of Investigation 123 national criminal history check every 5 years until such time as 124 the fingerprints are retained by the Federal Bureau of 125 Investigation. 126 4. Subject to retention on a 5-year renewal basis with fees 127 collected at the time of initial submission or resubmission of 128 fingerprints. 129 5. Submitted with a photograph of the person taken at the 130 time the fingerprints are submitted. 131
(3) An employee who has undergone a fingerprint-based 132 criminal history check by a specified agency before the 133 clearinghouse is operational is not required to be checked again 134 solely for the purpose of entry in the clearinghouse. Every 135 employee who is or will become subject to fingerprint-based 136 criminal history checks to be eligible to be licensed, have 137 their license renewed, or meet screening or rescreening 138 requirements by a specified agency once the specified agency 139 participates in the clearinghouse shall be subjec t to the 140 requirements of this
section with respect to entry of records in 141 the clearinghouse and retention of fingerprints for reporting 142 the results of searching against state incoming arrest 143 fingerprint submissions. 144
Section 4. Paragraphs (
a) and (
b) of subsection (2) of 145
Florida Senate - 2022 SB 1830 9-01530-22 20221830__ Page 6 of 33 CODING: Words stricken are deletions; words underlined are additions.
section 943.0438, Florida Statutes, are amended to read: 146 943.0438 Athletic coaches for independent sanctioning 147 authorities.— 148
(2) An independent sanctioning authority shall: 149 (a)1. Conduct a level 2 1 background screening pursuant to 150 s. 435.04 s. 435.03 of each current and prospective athletic 151 coach. The authority may not delegate this responsibility to an 152 individual team and may not authorize any person to act as an 153 athletic coach unless a level 2 1 background screening is 154 conducted and does not result in disqualification under s. 155 435.04(2) paragraph (b). Level 1 background screenings shall be 156 conducted annually for each athletic coach.
For purposes of this 157 section, a background screening shall include a search of the 158 athletic coach’s name or other identifying information against 159 state and federal registries of sexual predators and sexual 160 offenders, which are available to the public on Internet sites 161 provided by: 162 a. The Department of Law Enforcement under s. 943.043; and 163 b. The Attorney General of the United States under 42 164 U.S.C. s. 16920. 165 2.
For purposes of this section, an athletic coach who is 166 required to be screened according to the level 2 screening 167 standards contained in s. 435.04 pursuant to this
section shall 168 be rescreened every 5 years following the date of his or her 169 most recent background screening or exemption, unless such 170 individual’s fingerprints are continuously retained and 171 monitored by the Department of Law Enforcement in the federal 172 fingerprint retention program according to the procedures 173 specified in s. 943.05 a background screening conducted by a 174
Florida Senate - 2022 SB 1830 9-01530-22 20221830__ Page 7 of 33 CODING: Words stricken are deletions; words underlined are additions. commercial consumer reporting agency in compliance with the 175 federal Fair Credit Reporting Act using the identifying 176 information referenced in subparagraph 1. that includes a level 177 1 background screening and a search of that information against 178 the sexual predator and sexual offender Internet sites listed in 179 sub-subparagraphs 1.a. and b. shall be deemed to satisfy the 180 requirements of this paragraph. 181 (
b) Disqualify any person from acting as an athletic coach 182 as provided in s. 435.04 s. 435.03 or if he or she is identified 183 on a registry described in paragraph (a). The authority may 184 allow a person disqualified under this paragraph to act as an 185 athletic coach if it determines that the person meets the 186 requirements for an exemption from disqualification under s. 187 435.07. 188
Section 5. Present paragraphs (
g) and (
h) of subsection (2) 189 of
section 943.05, Florida Statutes, are redesignated as 190 paragraphs (
h) and (i), respectively, a new paragraph (
g) is 191 added to that subsection, and present paragraphs (
g) and (
h) of 192 that subsection and subsection (4) of that
section are amended, 193 to read: 194 943.05 Criminal Justice Information Program; duties; crime 195 reports.— 196
(2) The program shall: 197 (
g) Develop a method for establishing direct identification 198 through automated biometrics, which may include, but is not 199 limited to, the use of latent fingerprints, palm prints, facial 200 recognition, or retina scans. 201 (h)(
g) Upon official written request, and subject to the 202 department having sufficient funds and equipment to participate 203
Florida Senate - 2022 SB 1830 9-01530-22 20221830__ Page 8 of 33 CODING: Words stricken are deletions; words underlined are additions. in such a request, from the agency executive director or 204 secretary or from his or her designee, or from qualified 205 entities participating in the volunteer and employee criminal 206 history screening system under s. 943.0542, or as otherwise 207 required by law, Retain fingerprints submitted by criminal and 208 noncriminal justice agencies to the department for a criminal 209 history background screening as provided by rule and enter the 210 fingerprints in the statewide automated biometric identification 211 system authorized by paragraph (b).
Such fingerprints shall 212 thereafter be available for all purposes and uses authorized for 213 arrest fingerprint submissions entered into the statewide 214 automated biometric identification system pursuant to s. 215 943.051. 216 (i)(
h) For each agency or qualified entity that officially 217 requests retention of fingerprints or for which retention is 218 otherwise required by law, Search all arrest fingerprint 219 submissions received under s. 943.051 against the fingerprints 220 retained in the statewide automated biometric identification 221 system under paragraph (h) (g). 222 1. Any arrest record that is identified with the retained 223 fingerprints of a person subject to background screening as 224 provided in paragraph (h) (
g) shall be reported to the 225 appropriate agency or qualified entity. 226 2. To participate in this search process, agencies or 227 qualified entities must notify each person fingerprinted that 228 his or her fingerprints will be retained, pay an annual fee to 229 the department unless otherwise provided by law, and inform the 230 department of any change in the affiliation, employment, or 231 contractual status of each person whose fingerprints are 232
Florida Senate - 2022 SB 1830 9-01530-22 20221830__ Page 9 of 33 CODING: Words stricken are deletions; words underlined are additions. retained under paragraph (h) (
g) if such change removes or 233 eliminates the agency or qualified entity’s basis or need for 234 receiving reports of any arrest of that person, so that the 235 agency or qualified entity is not obligated to pay the upcoming 236 annual fee for the retention and searching of that person’s 237 fingerprints to the department. The department shall adopt a 238 rule setting the amount of the annual fee to be imposed upon 239 each participating agency or qualified entity for performing 240 these searches and establishing the procedures for the retention 241 of fingerprints and the dissemination of search results.
The fee 242 may be borne by the agency, qualified entity, or person subject 243 to fingerprint retention or as otherwise provided by law. 244 Consistent with the recognition of criminal justice agencies 245 expressed in s. 943.053(3), these services shall be provided to 246 criminal justice agencies for criminal justice purposes free of 247 charge. Qualified entities that elect to participate in the 248 fingerprint retention and search process are required to timely 249 remit the fee to the department by a payment mechanism approved 250 by the department.
If requested by the qualified en tity, and 251 with the approval of the department, such fees may be timely 252 remitted to the department by a qualified entity upon receipt of 253 an invoice for such fees from the department. Failure of a 254 qualified entity to pay the amount due on a timely basis or a s 255 invoiced by the department may result in the refusal by the 256 department to permit the qualified entity to continue to 257 participate in the fingerprint retention and search process 258 until all fees due and owing are paid. 259 3.
Agencies that participate in the fingerprint retention 260 and search process may adopt rules pursuant to ss. 120.536(1) 261
Florida Senate - 2022 SB 1830 9-01530-22 20221830__ Page 10 of 33 CODING: Words stricken are deletions; words underlined are additions. and 120.54 to require employers to keep the agency informed of 262 any change in the affiliation, employment, or contractual status 263 of each person whose fingerprints are retained under paragraph 264 (h) (
g) if such change removes or eliminates the agency’s basis 265 or need for receiving reports of any arrest of that person, so 266 that the agency is not obligated to pay the upcoming annual fee 267 for the retention and searching of that person’s fingerprints to 268 the department. 269
(4) Upon notification that a federal fingerprint retention 270 program is in effect, and subject to the department being funded 271 and equipped to participate in such a program, the department 272 shall, if state and national criminal history records checks and 273 retention of submitted prints are authorized or required by law, 274 retain the fingerprints as provided in paragraphs (2)(
h) and (i) 275 (2)(
g) and (
h) and advise the Federal Bureau of Investigation to 276 retain the fingerprints at the national level for searching 277 against arrest fingerprint submissions received at the national 278 level. 279
Section 6. Present subsections (8) and (9) of
section 280 943.0542, Florida Statutes, are redesignated as subsections (9) 281 and (10), respectively, a new subsection (8) is added to that 282 section, and paragraphs (a), (b), and (
d) of subsection (2) and 283 subsections (3), (4), (5), and (7) of that
section are amended, 284 to read: 285 943.0542 Access to criminal history information provided by 286 the department to qualified entities.— 287 (2)(
a) A qualified entity must register with the department 288 before submitting a request for screening under this section. 289 Each such request must be voluntary and conform to the 290
Florida Senate - 2022 SB 1830 9-01530-22 20221830__ Page 11 of 33 CODING: Words stricken are deletions; words underlined are additions. requirements established in the National Child Protection Act of 291 1993, as amended. As a part of the registration, the qualified 292 entity must agree to comply with state and federal law and must 293 so indicate by signing an agreement approved by the department. 294 The department shall may periodically audit qualified entities 295 to ensure compliance with federal law and this section. 296 (
b) A qualified entity shall use the Care Provider 297 Background Screening Clearinghouse under s. 435.12 submit to the 298 department a request for screening an employee or volunteer or 299 person applying to be an employee or volunteer by submitting 300 fingerprints, or the request may be submitted electronically. 301 The qualified entity must maintain a signed waiver allowing the 302 release of the state and national criminal history record 303 information to the qualified entity.
The waiver must include a 304 statement that the qualifying entity understands that the 305 department will retain the fingerprints of the criminal history 306 background screening of each employee or volunteer as provided 307 by rule and enter the fingerprints in the statewide automated 308 biometric identification system established in s. 943.05(2)(b). 309 (
d) Any current or prospective employee or volunteer who is 310 subject to a request for screening must indicate to the 311 qualified entity submitting the request the name and address of 312 each qualified entity that has submitted a previous request for 313 screening regarding that employee or volunteer. 314
(3) The clearinghouse department shall provide directly to 315 the qualified entity the state criminal history records that are 316 not exempt from disclosure under
chapter 119 or otherwise 317 confidential under law. A person who is the subject of a state 318 criminal history record may challenge the record only as 319
Florida Senate - 2022 SB 1830 9-01530-22 20221830__ Page 12 of 33 CODING: Words stricken are deletions; words underlined are additions. provided in s. 943.056. 320
(4) The national criminal history data is available to 321 qualified entities to use only for the purpose of screening 322 employees and volunteers or persons applying to be an employee 323 or volunteer with a qualified entity. The department shall 324 provide this national criminal history record information 325 directly to the qualified entity as authorized by the written 326 waiver required for submission of a request to the department. 327
(5) The determination whether the criminal history record 328 shows that the employee or volunteer has been convicted of or is 329 under pending indictment for any crime that bears upon the 330 fitness of the employee or volunteer to have responsibility for 331 the safety and well-being of children, the elderly, or disabled 332 persons shall solely be made by the qualified entity , except 333 that a qualified entity may not employ or allow a vo lunteer 334 whose criminal history record disqualifies them under s. 335 435.04(2) and (3). This
section does not require the department 336 to make such a determination on behalf of any qualified entity. 337
(7) The department shall design an annually dated 338 compliance decal that must be sent to each qualified entity 339 registered with the department to be displayed by each qualified 340 entity in a place easily accessible to the general public may 341 establish a database of registered qualified entities and make 342 this data available free of charge to all registered qualified 343 entities. The database must include, at a minimum, the name, 344 address, and phone number of each qualified entity . 345
(8) Qualified entities shall comply with this section. 346 Failure to comply may result in the department issuing a minimum 347 fine of $1,000 per instance of noncompliance. 348
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Section 7. Subsection (2) and paragraphs (
b) and (
c) of 349 subsection (3) of
section 1012.32, Florida Statutes, are amended 350 to read: 351 1012.32 Qualifications of personnel.— 352 (2)(
a) Instructional and noninstructional personnel who are 353 hired or contracted to fill positions that require direct 354 contact with students in any district school system or 355 university lab school must, upon employment or engagement to 356 provide services, undergo background screening as required under 357 s. 1012.465 or s. 1012.56, whichever is applicable. 358 (b)1.
Instructional and noninstructional personnel who are 359 hired or contracted to fill positions in a charter school other 360 than a school of hope as defined in s. 1002.333, and memb ers of 361 the governing board of such charter school, in compliance with 362 s. 1002.33(12)(g), upon employment, engagement of services, or 363 appointment, shall undergo background screening as required 364 under s. 1012.465 or s. 1012.56, whichever is applicable, by 365 filing with the district school board for the school district in 366 which the charter school is located a complete set of 367 fingerprints taken by an authorized law enforcement agency or an 368 employee of the school or school district who is trained to take 369 fingerprints. 370 2.
Instructional and noninstructional personnel who are 371 hired or contracted to fill positions in a school of hope as 372 defined in s. 1002.333, and members of the governing board of 373 such school of hope, shall file with the school of hope a 374 complete set of fingerprints taken by an authorized law 375 enforcement agency, by an employee of the school of hope or 376 school district who is trained to take fingerprints, or by any 377
Florida Senate - 2022 SB 1830 9-01530-22 20221830__ Page 14 of 33 CODING: Words stricken are deletions; words underlined are additions. other entity recognized by the Department of Law Enforcement to 378 take fingerprints. 379 (
c) Instructional and noninstructional personnel who are 380 hired or contracted to fill positions that require direct 381 contact with students in an alternative school that operates 382 under contract with a district school system must, upon 383 employment or engagement to provide services, undergo background 384 screening as required under s. 1012.465 or s. 1012.56, whichever 385 is applicable, by filing with the district school board for the 386 school district to which the alternative school is under 387 contract a complete set of fingerprints taken by an authorized 388 law enforcement agency or an employee of the school or school 389 district who is trained to take fingerprints. 390 (
d) Student teachers and persons participating in a field 391 experience pursuant to s. 1004.04(5) or s. 1004.85 in any 392 district school system, lab school, or charter school must, upon 393 engagement to provide services, undergo background screening as 394 required under s. 1012.56. 395 396 Required fingerprints must be submitted to the Care Provider 397 Background Screening Clearinghouse under s. 435.12, to the 398 Department of Law Enforcement for statewide criminal and 399 juvenile records checks, and to the Federal Bureau of 400 Investigation for federal criminal records checks.
A person 401 subject to this subsection who is found ineligible for 402 employment under s. 435.04(2) and (3) or s. 1012.315, or 403 otherwise found through background screening to have been 404 convicted of any crime involving moral turpitude as defined by 405 rule of the State Board of Education, may shall not be employed, 406
Florida Senate - 2022 SB 1830 9-01530-22 20221830__ Page 15 of 33 CODING: Words stricken are deletions; words underlined are additions. engaged to provide services, or serve in any position that 407 requires direct contact with students. Probationary persons 408 subject to this subsection terminated because of their criminal 409 record have the right to appeal such decisions. The cost of the 410 background screening may be borne by the district school board, 411 the charter school, the employee, the contractor, or a person 412 subject to this subsection.
A district school board shall 413 reimburse a charter school the cost of background screening if 414 it does not notify the charter school of the eligibility of a 415 governing board member or instructional or noninstructional 416 personnel within the earlier of 14 days after receipt of the 417 background screening results from the Florida Department of Law 418 Enforcement or 30 days of submission of fingerprints by the 419 governing board member or instructional or noninstructional 420 personnel. 421 (3) 422 (
b) The Department of Law Enforcement shall search all 423 arrest fingerprints received under s. 943.051 against the 424 fingerprints retained in the statewide automated biometric 425 identification system under paragraph (a). Any arrest record 426 that is identified with the retained fingerprints of a person 427 subject to the background screening under this
section shall be 428 reported to the employing or contracting school district or the 429 school district with which the person is affiliated through an 430 alert from the clearinghouse. Each school district is required 431 to participate in this search process by payment of an annual 432 fee to the Department of Law Enforcement and by informing the 433 Department of Law Enforcement of any change in the affiliation, 434 employment, or contractual status or place of affiliation, 435
Florida Senate - 2022 SB 1830 9-01530-22 20221830__ Page 16 of 33 CODING: Words stricken are deletions; words underlined are additions. employment, or contracting of its instructional and 436 noninstructional personnel whose fingerprints are retained under 437 paragraph (
a) through the clearinghouse. The Department of Law 438 Enforcement shall adopt a rule setting the amount of the annual 439 fee to be imposed upon each school district for performing these 440 searches and establishing the procedures for the retention of 441 instructional and noninstructional personnel fingerprints and 442 the dissemination of search results. The fee may be borne by the 443 district school board, the contractor, or the person 444 fingerprinted. 445 (
c) Personnel whose fingerprints are not retained by the 446 Department of Law Enforcement under paragraphs (
a) and (
b) must 447 be refingerprinted and rescreened in accordance with subsection 448 (2) upon reemployment or reengagement to provide services in 449 order to comply with the requirements of this subsection. 450
Section 8. Subsection (2) of
section 1012.465, Florida 451 Statutes, is amended to read: 452 1012.465 Background screening requirements for certain 453 noninstructional school district employees and contractors. — 454
(2) Every 5 years following employment or entry into a 455 contract in a capacity described in subsection (1), each person 456 who is so employed or under contract with the school district 457 must meet level 2 screening requirements as described in s. 458 1012.32, at which time the school district shall request through 459 the Care Provider Background Screening Clearingho use under s. 460 435.12 the Department of Law Enforcement to forward the 461 fingerprints to the Federal Bureau of Investigation for the 462 level 2 screening. If, for any reason following employment or 463 entry into a contract in a capacity described in subsection (1), 464
Florida Senate - 2022 SB 1830 9-01530-22 20221830__ Page 17 of 33 CODING: Words stricken are deletions; words underlined are additions. the fingerprints of a person who is so employed or under 465 contract with the school district are not retained by the 466 Department of Law Enforcement under s. 1012.32(3)(
a) and (b), 467 the person must file a complete set of fingerprints with the 468 district school superintendent of the employing or contracting 469 school district through the clearinghouse. Upon submission of 470 fingerprints for this purpose, the school district shall request 471 the Department of Law Enforcement to forward the fingerprints to 472 the Federal Bureau of Investigation for the level 2 screening, 473 and the fingerprints shall be retained by the Department of Law 474 Enforcement under s. 1012.32(3)(
a) and (b). The cost of the 475 state and federal criminal history check required by level 2 476 screening may be borne by the district school board, the 477 contractor, or the person fingerprinted. Under penalty of 478 perjury, each person who is employed or under contract in a 479 capacity described in subsection (1) must agree to inform his or 480 her employer or the party with whom he or she is under contract 481 within 48 hours if convicted of any disqualifying offense while 482 he or she is employed or under contract in that capacity. 483
Section 9. Paragraphs (a), (b), (d), and (
e) of subsection 484 (2), subsections (3) through (6), and paragraph (
a) of 485 subsection (7) of
section 1012.467, Florida Statutes, are 486 amended to read: 487 1012.467 Noninstructional contractors who are permitted 488 access to school grounds when students are present; background 489 screening requirements.— 490 (2)(
a) A fingerprint-based criminal history check shall be 491 performed on each noninstructional contractor who is permitted 492 access to school grounds when students are present, whose 493
Florida Senate - 2022 SB 1830 9-01530-22 20221830__ Page 18 of 33 CODING: Words stricken are deletions; words underlined are additions. performance of the contract with the school or school board is 494 not anticipated to result in direct contact wit h students, and 495 for whom any unanticipated contact would be infrequent and 496 incidental. Criminal history checks shall be performed at least 497 once every 5 years.
For the initial criminal history check, each 498 noninstructional contractor who is subject to the cr iminal 499 history check shall file with the Department of Law Enforcement 500 through the Care Provider Background Screening Clearinghouse 501 under s. 435.12 a complete set of fingerprints taken by an 502 authorized law enforcement agency or an employee of a school 503 district, a public school, or a private company who is trained 504 to take fingerprints.
The fingerprints shall be electronically 505 submitted for state processing through the clearinghouse to the 506 Department of Law Enforcement, which shall in turn submit the 507 fingerprints to the Federal Bureau of Investigation for national 508 processing. The results of each criminal history check shall be 509 reported to the school district in which the individual is 510 seeking access and entered into the shared system described in 511 subsection (7). The school district shall screen the results 512 using the disqualifying offenses in paragraph (f) (g).
The cost 513 of the criminal history check may be borne by the district 514 school board, the school, or the contractor. A fee that is 515 charged by a district school board for such checks may not 516 exceed 30 percent of the total amount charged by the Department 517 of Law Enforcement and the Federal Bureau of Investigation. 518 (
b) As authorized by law, the Department of Law Enforcement 519 shall retain the fingerprints submitted by the school districts 520 pursuant to this subsection to the Department of Law Enforcement 521 for a criminal history background screenings screening in a 522
Florida Senate - 2022 SB 1830 9-01530-22 20221830__ Page 19 of 33 CODING: Words stricken are deletions; words underlined are additions. manner provided by rule and enter the fingerprints in the 523 statewide automated biometric identification system authorized 524 by s. 943.05(2)(b). The fingerprints shall thereafter be 525 available for all purposes and uses authorized for arrest 526 fingerprints entered into the statewide automated biometric 527 identification system under s. 943.051. 528 (
d) School districts may participate in the search process 529 described in this subsection by using the clearinghouse and 530 paying any applicable an annual fee to the Agency for Health 531 Care Administration or the Department of Law Enforcement. 532 (
e) A fingerprint retained pursuant to this subsection 533 shall be purged from the automated biometric identification 534 system 5 years following the date the fingerprint was initially 535 submitted. The Department of Law Enforcement shall set the 536 amount of the annual fee to be imposed upon each participating 537 agency for performing these searches and establishing the 538 procedures for retaining fingerprints and disseminating search 539 results. The fee may be borne as provided by law. F ees may be 540 waived or reduced by the executive director of the Department of 541 Law Enforcement for good cause shown. 542
(3) If it is found that a noninstructional contractor has 543 been convicted of any of the offenses listed in paragraph (2)(f) 544 (2)(g), the individual shall be immediately suspended from 545 having access to school grounds and shall remain suspended 546 unless and until the conviction is set aside in any 547 postconviction proceeding. 548
(4) A noninstructional contractor who has been convicted of 549 any of the offenses listed in paragraph (2)(f) (2)(
g) may not be 550 permitted on school grounds when students are present unless the 551
Florida Senate - 2022 SB 1830 9-01530-22 20221830__ Page 20 of 33 CODING: Words stricken are deletions; words underlined are additions. contractor has received a full pardon or has had his or her 552 civil rights restored. A noninstructional contractor who is 553 present on school grounds in violation of this subsection 554 commits a felony of the third degree, punishable as provided in 555 s. 775.082 or s. 775.083. 556
(5) If a school district has reasonable cause to believe 557 that grounds exist for the denial of a contractor’s access to 558 school grounds when students are present, it shall notify the 559 contractor in writing, stating the specific record that 560 indicates noncompliance with the standards set forth in this 561 section. It is the responsibility of the affected contractor to 562 contest his or her denial. The only basis for contesting the 563 denial is proof of mistaken identity or that an offense from 564 another jurisdiction is not disqualifying under paragraph (2)(f) 565 (2)(g). 566
(6) Each contractor who is subject to the requirements of 567 this
section shall agree to inform his or her employer or the 568 party to whom he or she is under contract and the school 569 district within 48 hours if he or she is arrested for any of the 570 disqualifying offenses in paragraph (2)(f) (2)(g). A contractor 571 who willfully fails to comply with this subsection commits a 572 felony of the third degree, punishable as provided in s. 775.082 573 or s. 775.083. If the employer of a contractor or the party to 574 whom the contractor is under contract knows the contractor has 575 been arrested for any of the disqualifying offenses in paragraph 576 (2)(f) (2)(
g) and authorizes the contractor to be present on 577 school grounds when students are present, such employer or such 578 party commits a felony of the third degree, punishable as 579 provided in s. 775.082 or s. 775.083. 580
Florida Senate - 2022 SB 1830 9-01530-22 20221830__ Page 21 of 33 CODING: Words stricken are deletions; words underlined are additions. (7)(
a) The clearinghouse must allow Department of Law 581 Enforcement shall implement a system that allows for the results 582 of a criminal history check provided to a school district to be 583 shared with other school districts through a secure Internet 584 website or other secure electronic means. School districts must 585 accept reciprocity of level 2 screenings for Florida High School 586 Athletic Association officials. 587
Section 10. Paragraph (
b) of subsection (10) of
section 588 1012.56, Florida Statutes, is amended to read: 589 1012.56 Educator certification requirements.— 590
(10) BACKGROUND SCREENING REQUIRED, INITIALLY AND 591 PERIODICALLY.— 592 (
b) A person may not receive a certificate under this 593
chapter until the person’s screening under s. 1012.32 is 594 completed and the results have been submitted t o the Department 595 of Education or to the district school superintendent of the 596 school district that employs the person. Every 5 years after 597 obtaining initial certification, each person who is required to 598 be certified under this
chapter must be rescreened in accordance 599 with s. 1012.32, at which time the school district shall , 600 through the Care Provider Background Screening Clearinghouse 601 under s. 435.12, request the Department of Law Enforcement to 602 forward the fingerprints to the Federal Bureau of Investigation 603 for federal criminal records checks. If, for any reason after 604 obtaining initial certification, the fingerprints of a person 605 who is required to be certified under this
chapter are not 606 retained by the Department of Law Enforcement under s. 607 1012.32(3)(
a) and (b), the person must file a complete set of 608 fingerprints with the district school superintendent of the 609
Florida Senate - 2022 SB 1830 9-01530-22 20221830__ Page 22 of 33 CODING: Words stricken are deletions; words underlined are additions. employing school district. Upon submission of fingerprints for 610 this purpose, the school district shall use the clearinghouse to 611 request the Department of Law Enforcement to forward the 612 fingerprints to the Federal Bureau of Investigation for federal 613 criminal records checks, and the fingerprints shall be retained 614 by the Department of Law Enforcement under s. 1012.32(3)(
a) and 615 (b). The cost of the state and federal criminal history checks 616 required by paragraph (
a) and this paragraph may be borne by the 617 district school board or the employee. Under penalty of perjury, 618 each person who is certified under this
chapter must agree to 619 inform his or her employer within 48 hours if convicted of any 620 disqualifying offense while he or she is employed in a position 621 for which such certification is required. 622
Section 11. Paragraph (
c) of subsection (9) of
section 623 381.986, Florida Statutes, is amended to read: 624 381.986 Medical use of marijuana.— 625
(9) BACKGROUND SCREENING.—An individual required to undergo 626 a background screening pursuant to this
section must pass a 627 level 2 background screening as provided under
chapter 435, 628 which, in addition to the disqualifying offenses provid ed in s. 629 435.04, shall exclude an individual who has an arrest awaiting 630 final disposition for, has been found guilty of, regardless of 631 adjudication, or has entered a plea of nolo contendere or guilty 632 to an offense under
chapter 837,
chapter 895, or
chapter 896 or 633 similar law of another jurisdiction. 634 (
c) Fingerprints submitted to the Department of Law 635 Enforcement pursuant to this subsection shall be retained by the 636 Department of Law Enforcement as provided in s. 943.05(2)(
h) and 637 (
i) s. 943.05(2)(
g) and (
h) and, when the Department of Law 638
Florida Senate - 2022 SB 1830 9-01530-22 20221830__ Page 23 of 33 CODING: Words stricken are deletions; words underlined are additions. Enforcement begins participation in the program, enrolled in the 639 Federal Bureau of Investigation’s national retained print arrest 640 notification program. Any arrest record identified shall be 641 reported to the department. 642
Section 12. Paragraph (
d) of subsection (1) of
section 643 381.988, Florida Statutes, is amended to read: 644 381.988 Medical marijuana testing laboratories; marijuana 645 tests conducted by a certified laboratory.— 646
(1) A person or entity seeking to be a certified marijuan a 647 testing laboratory must: 648 (
d) Require all owners and managers to submit to and pass a 649 level 2 background screening pursuant to s. 435.04 and shall 650 deny certification if the person or entity has been found guilty 651 of, or has entered a plea of guilty or nolo contendere to, 652 regardless of adjudication, any offense listed in
chapter 837, 653
chapter 895, or
chapter 896 or similar law of another 654 jurisdiction. 655 1. Such owners and managers must submit a full set of 656 fingerprints to the department or to a vendor, entity, or agency 657 authorized by s. 943.053(13). The department, vendor, entity, or 658 agency shall forward the fingerprints to the Department of Law 659 Enforcement for state processing, and the Department of Law 660 Enforcement shall forward the fingerprints to the Federal Bureau 661 of Investigation for national processing. 662 2. Fees for state and federal fingerprint processing and 663 retention shall be borne by such owners or managers.
The state 664 cost for fingerprint processing shall be as provided in s. 665 943.053(3)(
e) for records provided to persons or entities other 666 than those specified as exceptions therein. 667
Florida Senate - 2022 SB 1830 9-01530-22 20221830__ Page 24 of 33 CODING: Words stricken are deletions; words underlined are additions. 3. Fingerprints submitted to the Department of Law 668 Enforcement pursuant to this paragraph shall be retained by the 669 Department of Law Enforcement as provided in s. 943.05(2)(
h) and 670 (
i) s. 943.05(2)(
g) and (
h) and, when the Department of Law 671 Enforcement begins participation in the program, enrolled in the 672 Federal Bureau of Investigation’s national retained print arrest 673 notification program. Any arrest record identified shall be 674 reported to the department. 675
Section 13. Subsection (2) of
section 408.809, Florida 676 Statutes, is amended to read: 677 408.809 Background screening; prohibited offenses.— 678
(2) Every 5 years following his or her licensure, 679 employment, or entry into a contract in a capacity that under 680 subsection (1) would require level 2 background screening under 681
chapter 435, each such person must submit to level 2 background 682 rescreening as a condition of retaining such license or 683 continuing in such employment or contractual status . For any 684 such rescreening, the agency shall request the Department of Law 685 Enforcement to forward the person’s fingerprints to the Federal 686 Bureau of Investigation for a national criminal history record 687 check unless the person’s fingerprints are enrolled in the 688 Federal Bureau of Investigation’s national retained print arrest 689 notification program. If the fingerprints of such a person are 690 not retained by the Department of Law Enforcement under s. 691 943.05(2)(
h) and (
i) s. 943.05(2)(
g) and (h), the person must 692 submit fingerprints electronically to the Department of Law 693 Enforcement for state processing, and the Department of Law 694 Enforcement shall forward the fingerprints to the Federal Bureau 695 of Investigation for a national criminal history record check. 696
Florida Senate - 2022 SB 1830 9-01530-22 20221830__ Page 25 of 33 CODING: Words stricken are deletions; words underlined are additions. The fingerprints shall be retained by the Department of Law 697 Enforcement under s. 943.05(2)(
h) and (
i) s. 943.05(2)(
g) and 698 (
h) and enrolled in the national retained print arrest 699 notification program when the Department of Law Enforcement 700 begins participation in the program. The cost of the state and 701 national criminal history records checks required by level 2 702 screening may be borne by the licensee or the person 703 fingerprinted. The agency may accept as satisfying the 704 requirements of this
section proof of compliance with level 2 705 screening standards submitted within the previous 5 years to 706 meet any provider or professional licensure requirements of the 707 Department of Financial Services for an applicant for a 708 certificate of authority or provisional certificate of authority 709 to operate a continuing care retirement community under
chapter 710 651, provided that: 711 (
a) The screening standards and disqualifying offenses for 712 the prior screening are equivalent to those specified in s. 713 435.04 and this section; 714 (
b) The person subject to screening has not had a break in 715 service from a position that requires level 2 screening for more 716 than 90 days; and 717 (
c) Such proof is accompanied, under penalty of perjury, by 718 an attestation of compliance with
chapter 435 and this
section 719 using forms provided by the agency. 720
Section 14. Subsection (2) of
section 456.0135, Florida 721 Statutes, is amended to read: 722 456.0135 General background screening provisions.— 723
(2) All fingerprints submitted to the Department of Law 724 Enforcement as required under subsection (1) shall be retained 725
Florida Senate - 2022 SB 1830 9-01530-22 20221830__ Page 26 of 33 CODING: Words stricken are deletions; words underlined are additions. by the Department of Law Enforcement as provided under s. 726 943.05(2)(
h) and (
i) and (3) s. 943.05(2)(
g) and (
h) and (3) and 727 enrolled in the national retained print arrest notification 728 program at the Federal Bureau of Investigation when the 729 Department of Law Enforcement begins participation in the 730 program. The department shall notify the Department of Law 731 Enforcement regarding any person whose fingerprints have been 732 retained but who is no longer licensed. 733
Section 15. Paragraph (
f) of subsection (2) of
section 734 494.00312, Florida Statutes, is amended to read: 735 494.00312 Loan originator license.— 736
(2) In order to apply for a loan originator license, an 737 applicant must: 738 (
f) Submit fingerprints in accordance with rules adopted by 739 the commission: 740 1. The fingerprints may be submitted to the registry, the 741 office, or a vendor acting on behalf of the registry or the 742 office. 743 2. The office may contract with a third-party vendor to 744 provide live-scan fingerprinting. 745 3. A state criminal history background check must be 746 conducted through the Department of Law Enforcement, and a 747 federal criminal history background check must be conducted 748 through the Federal Bureau of Investigation. 749 4.
All fingerprints submitted to the Department of Law 750 Enforcement must be submitted electronically and entered into 751 the statewide automated biometric identification system 752 established in s. 943.05(2)(
b) and available for use in 753 accordance with s. 943.05(2)(
h) and (
i) s. 943.05(2)(
g) and (h). 754
Florida Senate - 2022 SB 1830 9-01530-22 20221830__ Page 27 of 33 CODING: Words stricken are deletions; words underlined are additions. The office shall pay an annual fee to the department to 755 participate in the system and inform the department of any 756 person whose fingerprints are no longer required to be retained. 757 5. The costs of fingerprint processing, including the cost 758 of retaining the fingerprints, shall be borne by the perso n 759 subject to the background check. 760 6. The office is responsible for reviewing the results of 761 the state and federal criminal history checks and determining 762 whether the applicant meets licensure requirements. 763
Section 16. Paragraph (
d) of subsection (2) of
section 764 494.00321, Florida Statutes, is amended to read: 765 494.00321 Mortgage broker license.— 766
(2) In order to apply for a mortgage broker license, an 767 applicant must: 768 (
d) Submit fingerprints for each of the applicant’s control 769 persons in accordance with rules adopted by the commission: 770 1. The fingerprints may be submitted to the registry, the 771 office, or a vendor acting on behalf of the registry or the 772 office. 773 2. The office may contract with a third-party vendor to 774 provide live-scan fingerprinting. 775 3. A state criminal history background check must be 776 conducted through the Department of Law Enforcement, and a 777 federal criminal history background check must be conducted 778 through the Federal Bureau of Investigation. 779 4.
All fingerprints submitted to the Department of Law 780 Enforcement must be submitted electronically and entered into 781 the statewide automated biometric identification system 782 established in s. 943.05(2)(
b) and available for use in 783
Florida Senate - 2022 SB 1830 9-01530-22 20221830__ Page 28 of 33 CODING: Words stricken are deletions; words underlined are additions. accordance with s. 943.05(2)(
h) and (
i) s. 943.05(2)(
g) and (h). 784 The office shall pay an annual fee to the department to 785 participate in the system and inform the department of any 786 person whose fingerprints are no longer required to be retained. 787 5. The costs of fingerprint processing, including the cost 788 of retaining the fingerprints, shall be borne by the person 789 subject to the background check. 790 6. The office is responsible for reviewing the results of 791 the state and federal criminal history checks and determining 792 whether the applicant meets licensure requirements. 793
Section 17. Paragraph (
d) of subsection (2) of
section 794 494.00611, Florida Statutes, is amended to read: 795 494.00611 Mortgage lender license.— 796
(2) In order to apply for a mortgage lender license, an 797 applicant must: 798 (
d) Submit fingerprints for each of the applicant’s control 799 persons in accordance with rules adopted by the commission: 800 1. The fingerprints may be submitted to the registry, the 801 office, or a vendor acting on behalf of the registry or the 802 office. 803 2. The office may contract with a third-party vendor to 804 provide live-scan fingerprinting. 805 3. A state criminal history background check must be 806 conducted through the Department of Law Enforcement, and a 807 federal criminal history background check must be conducted 808 through the Federal Bureau of Investigation. 809 4.
All fingerprints submitted to the Department of Law 810 Enforcement must be submitted electronically and entered into 811 the statewide automated biometric identification system 812
Florida Senate - 2022 SB 1830 9-01530-22 20221830__ Page 29 of 33 CODING: Words stricken are deletions; words underlined are additions. established in s. 943.05(2)(
b) and available for use in 813 accordance with s. 943.05(2)(
h) and (
i) s. 943.05(2)(
g) and (h). 814 The office shall pay an annual fee to the department to 815 participate in the system and inform the department of any 816 person whose fingerprints are no longer required to be retained. 817 5. The costs of fingerprint processing, including the cost 818 of retaining the fingerprints, shall be borne by the person 819 subject to the background check. 820 6. The office is responsible for reviewing the results of 821 the state and federal criminal history checks and determining 822 whether the applicant meets licensure requirements. 823
Section 18. Paragraph (
c) of subsection (3) of
section 824 496.4101, Florida Statutes, is amended to read: 825 496.4101 Licensure of professional solicitors and certain 826 employees thereof.— 827 (3) 828 (
c) All fingerprints submitted to the Department of Law 829 Enforcement as required under this subsection shall be retained 830 by the Department of Law Enforcement as provided under s. 831 943.05(2)(
h) and (
i) s. 943.05(2)(
g) and (
h) and enrolled in the 832 Federal Bureau of Investigation’s national retained print arrest 833 notification program. Fingerprints shall not be enrolled in the 834 national retained print arrest notification program until the 835 Department of Law Enforcement begins participation with the 836 Federal Bureau of Investigation. Arrest fingerprints will be 837 searched against the retained prints by the Department of Law 838 Enforcement and the Federal Bureau of Investigation. 839
Section 19. Paragraph (
c) of subsection (2) of
section 840 559.555, Florida Statutes, is amended to read: 841
Florida Senate - 2022 SB 1830 9-01530-22 20221830__ Page 30 of 33 CODING: Words stricken are deletions; words underlined are additions. 559.555 Registration of consumer collection agencies; 842 procedure.— 843
(2) In order to apply for a consumer collection agency 844 registration, an applicant must: 845 (
c) Submit fingerprints for each of the applicant’s control 846 persons in accordance with rules adopted by the commission. 847 1. The fingerprints may be submitted through a third -party 848 vendor authorized by the Department of Law Enforcement to 849 provide live-scan fingerprinting. 850 2. A state criminal history background check must be 851 conducted through the Department of Law Enforcement, and a 852 national criminal history background check must be conducted 853 through the Federal Bureau of Investigation. 854 3.
All fingerprints submitted to the Department of Law 855 Enforcement must be submitted electronically and entered into 856 the statewide automated biometric identification system 857 established in s. 943.05(2)(
b) and available for use in 858 accordance with s. 943.05(2)(
h) and (
i) s. 943.05(2)(
g) and (h). 859 The office shall pay an annual fee to the Department of Law 860 Enforcement to participate in the system and inform the 861 Department of Law Enforcement of any person whose fingerprints 862 are no longer required to be retained. 863 4. The costs of fingerprint processing, including the cost 864 of retaining the fingerprints, shall be borne by the person 865 subject to the background check. 866 5. The office is responsible for reviewing the results of 867 the state and national criminal history background checks and 868 determining whether the applicant meets registration 869 requirements. 870
Florida Senate - 2022 SB 1830 9-01530-22 20221830__ Page 31 of 33 CODING: Words stricken are deletions; words underlined are additions.
Section 20. Paragraph (
c) of subsection (1) of
section 871 560.141, Florida Statutes, is amended to read: 872 560.141 License application.— 873
(1) To apply for a license as a money services business 874 under this chapter, the applicant must submit: 875 (
c) Fingerprints for each person listed in subparagraph 876 (a)3. for live-scan processing in accordance with rules adopted 877 by the commission. 878 1. The fingerprints may be submitted through a third -party 879 vendor authorized by the Department of Law Enforcement to 880 provide live-scan fingerprinting. 881 2. The Department of Law Enforcement must conduct the state 882 criminal history background check, and a federal criminal 883 history background check must be conducted through the Federal 884 Bureau of Investigation. 885 3.
All fingerprints submitted to the Department of Law 886 Enforcement must be submitted electronically and entered into 887 the statewide automated fingerprint identification system 888 established in s. 943.05(2)(
b) and available for use in 889 accordance with s. 943.05(2)(
h) and (
i) s. 943.05(2)(
g) and (h). 890 The office shall pay an annual fee to the Department of Law 891 Enforcement to participate in the system and shall inform the 892 Department of Law Enforcement of any person whose fingerprints 893 no longer must be retained. 894 4. The costs of fingerprint processing, including the cost 895 of retaining the fingerprints, shall be borne by the person 896 subject to the background check. 897 5. The office shall review the results of the state and 898 federal criminal history background checks and determine whether 899
Florida Senate - 2022 SB 1830 9-01530-22 20221830__ Page 32 of 33 CODING: Words stricken are deletions; words underlined are additions. the applicant meets licensure requirements. 900 6. For purposes of this paragraph, fingerprints are not 901 required to be submitted if the applicant is a publicly traded 902 corporation or is exempted from this
chapter under s. 903 560.104(1). The term “publicly traded” means a stock is 904 currently traded on a national securities exchange registered 905 with the federal Securities and Exchange Commission or traded on 906 an exchange in a country other than the United States regulated 907 by a regulator equivalent to the Securities and Exchange 908 Commission and the disclosure and reporting requ irements of such 909 regulator are substantially similar to those of the commission. 910 7.
Licensees initially approved before October 1, 2013, who 911 are seeking renewal must submit fingerprints for each person 912 listed in subparagraph (a)3. for live-scan processing pursuant 913 to this paragraph. Such fingerprints must be submitted before 914 renewing a license that is scheduled to expire between April 30, 915 2014, and December 31, 2015. 916
Section 21. Paragraph (
b) of subsection (5) of
section 917 581.217, Florida Statutes, is amended to read: 918 581.217 State hemp program.— 919
(5) LICENSURE.— 920 (
b) A person seeking to cultivate hemp must apply to the 921 department for a license on a form prescribed by the department 922 and must submit a full set of fingerprints to the department 923 along with the application. 924 1. The department shall forward the fingerprints to the 925 Department of Law Enforcement for state processing, and the 926 Department of Law Enforcement shall forward the fingerprints to 927 the Federal Bureau of Investigation for national processing. 928
Florida Senate - 2022 SB 1830 9-01530-22 20221830__ Page 33 of 33 CODING: Words stricken are deletions; words underlined are additions. 2. Fingerprints submitted to the Department of Law 929 Enforcement pursuant to this paragraph must be retained by the 930 Department of Law Enforcement as provided in s. 943.05(2)(
h) and 931 (
i) s. 943.05(2)(
g) and (
h) and must be retained as provided in 932 s. 943.05(4) when the Department of Law Enforcement begins 933 participation in the Federal Bureau of Investigation’s national 934 retained fingerprint arrest notification program. 935 3. Any arrest record identified shall be reported to the 936 department. 937