SESSION WATCH
THE BILL ITSELF

CS/CS/SB 1168

Background Screenings

VERSION S 1168 c2 · BACK TO THE SUMMARY · OFFICIAL RECORD

underlined language is being added; struck language is being deleted. Line numbers are the Legislature's own — the same ones amendments cite.

Florida Senate - 2026 CS for CS for SB 1168 By the Committees on Fiscal Policy; and Health Policy; and Senator Grall 594-03333-26 20261168c2
1 A bill to be entitled
2 An act relating to background screenings; amending s.
3 943.0438, F.S.; revising the definition of the term
4 “athletic coach”; defining the term “team based in
5 this state”; providing that, effective on a specified
6 date, an independent sanctioning authority is deemed
7 to be a qualified entity for the purpose of
8 participating in the Care Provider Background
9 Screening Clearinghouse; authorizing an independent
10 sanctioning authority to allow certain persons to act
11 as athletic coaches and referees without passing
12 certain background screening qualifications under
13 certain circumstances; amending s. 943.0542, F.S.;
14 requiring qualified entities to designate a user
15 administrator for a specified purpose; authorizing
16 such qualified entities to designate additional
17 authorized users with certain delegated authority;
18 revising requirements related to the release of
19 specified records from the Care Provider Background
20 Screening Clearinghouse to a qualified entity;
21 amending ss. 943.0585 and 943.059, F.S.; prohibiting
22 certain persons from denying or failing to acknowledge
23 certain criminal history records that have been
24 expunged or sealed; requiring the Department of Law
25 Enforcement to disclose sealed criminal history
26 records under specified circumstances; reenacting ss.
27 943.053(3)(c), 943.0578(4), and 943.0582(2)(b), F.S.,
28 relating to dissemination of criminal justice
29 information, lawful self-defense expunction, and
30 diversion program expunction, respectively, to
31 incorporate the amendments made to ss. 943.0585 and
32 943.059, F.S., in references thereto; providing an
33 effective date.
35 Be It Enacted by the Legislature of the State of Florida:
37 Section 1. Present paragraphs (c) through (g) of subsection
38 (2) of section 943.0438, Florida Statutes, are redesignated as
39 paragraphs (b) through (f), respectively, paragraph (c) is added
40 to subsection (1) of that section, and paragraph (a) of
41 subsection (1) and paragraph (a) and present paragraphs (b) and
42 (d) of subsection (2) of that section are amended, to read:
43 943.0438 Athletic coaches for independent sanctioning
44 authorities.—
45 (1) As used in this section, the term:
46 (a) “Athletic coach” means a person who:
47 1. Is authorized by an independent sanctioning authority to
48 work as a coach, an assistant coach, a manager, or a referee,
49 whether for compensation or as a volunteer coach, assistant
50 coach, manager, or referee , for a youth athletic team based in
51 this state; and
52 2. Has direct contact with one or more minors on the youth
53 athletic team.
54 (c) “Team based in this state” means a group of players
55 which is assembled in this state to form one side in a
56 competitive game or sport and which primarily practices and
57 competes in this state.
58 (2) An independent sanctioning authority shall:
59 (a) Effective July 1, 2026 : ,
60 1. Be considered a qualified entity for purposes of
61 participating in the Care Provider Background Screening
62 Clearinghouse under s. 435.12.
63 2. Conduct a level 2 background screening under s. 435.04
64 of each current and prospective athletic coach. The authority
65 may not delegate this responsibility to an individual team and
66 may not authorize any person to act as an athletic coach unless
67 a level 2 background screening is conducted and does not result
68 in disqualification under subparagraph 3 paragraph (b) .
69 (b)1. Before January 1, 2026, or a later date as determined
70 by the Agency for Health Care Administration for the
71 participation of qualified entities in the Care Provider
72 Background Screening Clearinghouse under s. 435.12, disqualify
73 any person from acting as an athletic coach as provided in s.
74 435.04. The authority may allow a person disqualified under this
75 subparagraph to act as an athletic coach if it determines that
76 the person meets the requirements for an exemption from
77 disqualification under s. 435.07.
78 3. 2. On or after January 1, 2026, or a later date as
79 determined by the Agency for Health Care Administration, Not
80 allow any person to act as an athletic coach if he or she does
81 not pass the background screening qualifications in s. 435.04.
82 The authority may :
83 a. Allow a person disqualified under this subparagraph to
84 act as an athletic coach if the person has successfully
85 completed the exemption from the disqualification process under
86 s. 435.07.
87 b. Exempt a person younger than 18 years of age or a
88 referee disqualified under this subparagraph from the background
89 screening requirement if the person passes a level 1 background
90 screening pursuant to s. 435.03 and is under the direct
91 supervision of an athletic coach who meets the background
92 screening requirements of this subsection. For purposes of this
93 subparagraph, the level 1 background screening must include a
94 search of the person’s name or other identifying information
95 against state and federal registries of sexual predators and
96 sexual offenders, which are available to the public on the
97 websites provided by the Department of Law Enforcement under s.
98 943.043 and the Attorney General of the United States under 42
99 U.S.C. s. 16920.
100 (c) (d) Maintain for at least 5 years documentation of:
101 1. The results for each person screened under paragraph
102 (a); and
103 2. The written notice of disqualification provided to each
104 person under paragraph (b) (c) .
105 Section 2. Paragraph (a) of subsection (2) and subsection
106 (3) of section 943.0542, Florida Statutes, are amended to read:
107 943.0542 Access to criminal history information provided by
108 the department to qualified entities.—
109 (2)(a) A qualified entity conducting background criminal
110 history checks under this section must:
111 1. Register with the department before submitting a request
112 for screening under this section. Each such request must be
113 voluntary and conform to the requirements established in the
114 National Child Protection Act of 1993, as amended. As a part of
115 the registration, the qualified entity must agree to comply with
116 state and federal law and must so indicate by signing an
117 agreement approved by the department. The qualified entity shall
118 designate a user administrator to act as the primary point of
119 contact and to manage compliance with state and federal laws
120 regarding the security and privacy of criminal history
121 information. The qualified entity may designate additional
122 authorized users with delegated authority to manage or access
123 the system for the purpose of requesting and reviewing
124 background screening information pursuant to this section. The
125 department shall periodically audit qualified entities to ensure
126 compliance with federal law and this section.
127 2. Before January 1, 2026, or a later date as determined by
128 the Agency for Health Care Administration, submit to the
129 department, and effective January 1, 2026, or a later date as
130 determined by the Agency for Health Care Administration, submit
131 to the agency a request for screening an employee or volunteer
132 or person applying to be an employee or volunteer by submitting
133 fingerprints, or the request may be submitted electronically.
134 The qualified entity must maintain a signed waiver allowing the
135 release of the state and national criminal history record
136 information to the qualified entity.
137 (3) Through December 31, 2025, or a later date as
138 determined by the Agency for Health Care Administration, the
139 department shall provide directly to the qualified entity the
140 state criminal history records that are not exempt from
141 disclosure under chapter 119 or otherwise confidential under
142 law. A person who is the subject of a state criminal history
143 record may challenge the record only as provided in s. 943.056.
144 Effective January 1, 2026, or a later date as determined by the
145 Agency for Health Care Administration, the Care Provider
146 Background Screening Clearinghouse may provide such records to
147 the qualified entity only if the person challenges the record as
148 provided in this subsection or if the qualified entity is an
149 independent sanctioning authority that is compliant with the
150 Federal Protecting Young Victims from Sexual Abuse and Safe
151 Sport Authorization Act of 2017 .
152 Section 3. Paragraphs (b) and (d) of subsection (6) of
153 section 943.0585, Florida Statutes, are amended to read:
154 943.0585 Court-ordered expunction of criminal history
155 records.—
156 (6) EFFECT OF EXPUNCTION ORDER.—
157 (b) The person who is the subject of a criminal history
158 record that is expunged under this section or under other
159 provisions of law, including former ss. 893.14, 901.33, and
160 943.058, may lawfully deny or fail to acknowledge the arrests
161 covered by the expunged record, except when the subject of the
162 record:
163 1. Is a candidate for employment with a criminal justice
164 agency;
165 2. Is a defendant in a criminal prosecution;
166 3. Concurrently or subsequently petitions for relief under
167 this section, s. 943.0583, or s. 943.059;
168 4. Is a candidate for admission to The Florida Bar;
169 5. Is seeking to be employed or licensed by or to contract
170 with the Department of Children and Families, the Division of
171 Vocational Rehabilitation within the Department of Education,
172 the Agency for Health Care Administration, the Agency for
173 Persons with Disabilities, the Department of Health, the
174 Department of Elderly Affairs, or the Department of Juvenile
175 Justice or to be employed or used by such contractor or licensee
176 in a sensitive position having direct contact with children, the
177 disabled, or the elderly;
178 6.a. Is seeking to be employed or licensed by, or contract
179 with, the Department of Education, any district unit under s.
180 1001.30, any special district unit under s. 1011.24, the Florida
181 School for the Deaf and the Blind under s. 1002.36, the Florida
182 Virtual School under s. 1002.37, any virtual instruction program
183 under s. 1002.45, any charter school under s. 1002.33, any hope
184 operator under s. 1002.333, any alternative school under s.
185 1008.341, any private or parochial school, or any local
186 governmental entity that licenses child care facilities;
187 b. Is seeking to be employed or used by a contractor or
188 licensee under sub-subparagraph a.; or
189 c. Is a person screened under s. 1012.467;
190 7. Is seeking to be licensed by the Division of Insurance
191 Agent and Agency Services within the Department of Financial
192 Services; or
193 8. Is seeking to be appointed as a guardian pursuant to s.
194 744.3125 ; or
195 9. Is a person screened through the Care Provider
196 Background Screening Clearinghouse by a qualified entity
197 pursuant to s. 435.12 .
198 (d) Information relating to the existence of an expunged
199 criminal history record which is provided in accordance with
200 paragraph (a) is confidential and exempt from s. 119.07(1) and
201 s. 24(a), Art. I of the State Constitution, except that the
202 department shall disclose the existence of a criminal history
203 record ordered expunged to the entities set forth in
204 subparagraphs (b)1. and 4.-9. 4.-8. for their respective
205 licensing, access authorization, and employment purposes and to
206 criminal justice agencies for their respective criminal justice
207 purposes. It is unlawful for any employee of an entity set forth
208 in subparagraph (b)1., subparagraph (b)4., subparagraph (b)5.,
209 subparagraph (b)6., subparagraph (b)7., or subparagraph (b)8. ,
210 or subparagraph (b)9. to disclose information relating to the
211 existence of an expunged criminal history record of a person
212 seeking employment, access authorization, or licensure with such
213 entity or contractor, except to the person to whom the criminal
214 history record relates or to persons having direct
215 responsibility for employment, access authorization, or
216 licensure decisions. A person who violates this paragraph
217 commits a misdemeanor of the first degree, punishable as
218 provided in s. 775.082 or s. 775.083.
219 Section 4. Paragraphs (b) and (d) of subsection (6) of
220 section 943.059, Florida Statutes, are amended to read:
221 943.059 Court-ordered sealing of criminal history records.—
222 (6) EFFECT OF ORDER.—
223 (b) The subject of the criminal history record sealed under
224 this section or under other provisions of law, including former
225 ss. 893.14, 901.33, and 943.058, may lawfully deny or fail to
226 acknowledge the arrests covered by the sealed record, except
227 when the subject of the record:
228 1. Is a candidate for employment with a criminal justice
229 agency;
230 2. Is a defendant in a criminal prosecution;
231 3. Concurrently or subsequently petitions for relief under
232 this section, s. 943.0583, or s. 943.0585;
233 4. Is a candidate for admission to The Florida Bar;
234 5. Is seeking to be employed or licensed by or to contract
235 with the Department of Children and Families, the Division of
236 Vocational Rehabilitation within the Department of Education,
237 the Agency for Health Care Administration, the Agency for
238 Persons with Disabilities, the Department of Health, the
239 Department of Elderly Affairs, or the Department of Juvenile
240 Justice or to be employed or used by such contractor or licensee
241 in a sensitive position having direct contact with children, the
242 disabled, or the elderly;
243 6.a. Is seeking to be employed or licensed by, or contract
244 with, the Department of Education, a district unit under s.
245 1001.30, a special district unit under s. 1011.24, the Florida
246 School for the Deaf and the Blind under s. 1002.36, the Florida
247 Virtual School under s. 1002.37, a virtual instruction program
248 under s. 1002.45, a charter school under s. 1002.33, a hope
249 operator under s. 1002.333, an alternative school under s.
250 1008.341, a private or parochial school, or a local governmental
251 entity that licenses child care facilities;
252 b. Is seeking to be employed or used by a contractor or
253 licensee under sub-subparagraph a.; or
254 c. Is a person screened under s. 1012.467;
255 7. Is attempting to purchase a firearm from a licensed
256 importer, licensed manufacturer, or licensed dealer and is
257 subject to a criminal history check under state or federal law;
258 8. Is seeking to be licensed by the Division of Insurance
259 Agent and Agency Services within the Department of Financial
260 Services;
261 9. Is seeking to be appointed as a guardian pursuant to s.
262 744.3125; or
263 10. Is seeking to be licensed by the Bureau of License
264 Issuance of the Division of Licensing within the Department of
265 Agriculture and Consumer Services to carry a concealed weapon or
266 concealed firearm. This subparagraph applies only in the
267 determination of an applicant’s eligibility under s. 790.06 ; or
268 11. Is a person screened through the Care Provider
269 Background Screening Clearinghouse by a qualified entity
270 pursuant to s. 435.12 .
271 (d) Information relating to the existence of a sealed
272 criminal history record provided in accordance with paragraph
273 (b) is confidential and exempt from s. 119.07(1) and s. 24(a),
274 Art. I of the State Constitution, except that the department
275 shall disclose the sealed criminal history record to the
276 entities set forth in subparagraphs (b)1., 4.-6., and 8.-11. 8.
277 10. for their respective licensing, access authorization, and
278 employment purposes. An employee of an entity set forth in
279 subparagraph (b)1., subparagraph (b)4., subparagraph (b)5.,
280 subparagraph (b)6., subparagraph (b)8., subparagraph (b)9., or
281 subparagraph (b)10. , or subparagraph (b)11. may not disclose
282 information relating to the existence of a sealed criminal
283 history record of a person seeking employment, access
284 authorization, or licensure with such entity or contractor,
285 except to the person to whom the criminal history record relates
286 or to persons having direct responsibility for employment,
287 access authorization, or licensure decisions. A person who
288 violates this paragraph commits a misdemeanor of the first
289 degree, punishable as provided in s. 775.082 or s. 775.083.
290 Section 5. For the purpose of incorporating the amendments
291 made by this act to sections 943.0585 and 943.059, Florida
292 Statutes, in references thereto, paragraph (c) of subsection (3)
293 of section 943.053, Florida Statutes, is reenacted to read:
294 943.053 Dissemination of criminal justice information;
295 fees.—
296 (3)
297 (c)1. Criminal history information relating to juveniles,
298 including criminal history information consisting in whole or in
299 part of information that is confidential and exempt under
300 paragraph (b), shall be available to:
301 a. A criminal justice agency for criminal justice purposes
302 on a priority basis and free of charge;
303 b. The person to whom the record relates, or his or her
304 attorney;
305 c. The parent, guardian, or legal custodian of the person
306 to whom the record relates, provided such person has not reached
307 the age of majority, been emancipated by a court, or been
308 legally married; or
309 d. An agency or entity specified in s. 943.0585(6) or s.
310 943.059(6), for the purposes specified therein, and to any
311 person within such agency or entity who has direct
312 responsibility for employment, access authorization, or
313 licensure decisions.
314 2. After providing the program with all known personal
315 identifying information, the criminal history information
316 relating to a juvenile which is not confidential and exempt
317 under this subsection may be released to the private sector and
318 noncriminal justice agencies not specified in s. 943.0585(6) or
319 s. 943.059(6) in the same manner as provided in paragraph (a).
320 Criminal history information relating to a juvenile which is not
321 confidential and exempt under this subsection is the entire
322 criminal history information relating to a juvenile who
323 satisfies any of the criteria listed in subparagraphs (b)1.-4.,
324 except for any portion of such juvenile’s criminal history
325 record which has been expunged or sealed under any law
326 applicable to such record.
327 3. All criminal history information relating to juveniles,
328 other than that provided to criminal justice agencies for
329 criminal justice purposes, shall be provided upon tender of fees
330 as established in this subsection and in the manner prescribed
331 by rule of the Department of Law Enforcement.
332 Section 6. For the purpose of incorporating the amendments
333 made by this act to section 943.0585, Florida Statutes, in a
334 reference thereto, subsection (4) of section 943.0578, Florida
335 Statutes, is reenacted to read:
336 943.0578 Lawful self-defense expunction.—
337 (4) Section 943.0585(5) and (6) apply to an expunction
338 ordered under this section.
339 Section 7. For the purpose of incorporating the amendment
340 made by this act to section 943.0585, Florida Statutes, in a
341 reference thereto, paragraph (b) of subsection (2) of section
342 943.0582, Florida Statutes, is reenacted to read:
343 943.0582 Diversion program expunction.—
344 (2) As used in this section, the term:
345 (b) “Expunction” has the same meaning ascribed in and
346 effect as s. 943.0585, except that:
347 1. Section 943.0585(6)(b) does not apply, except that the
348 criminal history record of a person whose record is expunged
349 pursuant to this section shall be made available only to
350 criminal justice agencies for the purpose of:
351 a. Determining eligibility for diversion programs;
352 b. A criminal investigation; or
353 c. Making a prosecutorial decision under s. 985.15.
354 2. Records maintained by local criminal justice agencies in
355 the county in which the arrest occurred that are eligible for
356 expunction pursuant to this section shall be sealed as the term
357 is used in s. 943.059.
358 Section 8. This act shall take effect July 1, 2026.