Background Screenings

943.0438 Athletic coaches for independent sanctioning authorities.—

(1) As used in this section, the term:

(a) "Athletic coach" means a person who:

1. Is authorized by an independent sanctioning authority to work as a coach, assistant coach, manager, or referee, whether for compensation or as a volunteer , for a youth athletic team based in this state; and

2. Has direct contact with one or more minors on the youth athletic team.

(2) An independent sanctioning authority shall:

(a) Effective July 1, 2026,

Conduct a level 2 background screening under s. 435.04 of each current and prospective athletic coach. The authority may not delegate this responsibility to an individual team and may not authorize any person to act as an athletic coach unless a level 2 background screening is conducted and does not result in disqualification under paragraph (b).

(b)1. Before January 1, 2026, or a later date as determined by the Agency for Health Care Administration for the participation of qualified entities in the Care Provider Background Screening Clearinghouse under s. 435.12, disqualify any person from acting as an athletic coach as provided in s. 435.04. The authority may allow a person disqualified under this subparagraph to act as an athletic coach if it determines that the person meets the requirements for an exemption from disqualification under s. 435.07.

2. On or after January 1, 2026, or a later date as determined by the Agency for Health Care Administration, Not allow any person to act as an athletic coach if he or she does not pass the background screening qualifications in s. 435.04. The authority may

Allow a person disqualified under this subparagraph to act as an athletic coach if the person has successfully completed the exemption from the disqualification process under s. 435.07.

(d) Maintain for at least 5 years documentation of:

1. The results for each person screened under paragraph (a); and

2. The written notice of disqualification provided to each person under paragraph (c).

943.0438 Athletic coaches for independent sanctioning authorities.—

(1) As used in this section, the term:

(a) "Athletic coach" means a person who:

1. Is authorized by an independent sanctioning authority to work as a coach, assistant coach, manager, or referee, whether for compensation or as a volunteer coach, assistant coach, manager, or referee, for a youth athletic team based in this state; and

2. Has direct contact with one or more minors on the youth athletic team.

(c) "Team based in this state" means a group of players which is assembled in this state to form one side in a competitive game or sport and which primarily practices and competes in this state.

(2) An independent sanctioning authority shall:

(a) Effective July 1, 2026:

1. Be considered a qualified entity for purposes of participating in the Care Provider Background Screening Clearinghouse under s. 435.12.

2. Conduct a level 2 background screening under s. 435.04 of each current and prospective athletic coach. The authority may not delegate this responsibility to an individual team and may not authorize any person to act as an athletic coach unless a level 2 background screening is conducted and does not result in disqualification under subparagraph 3 .

3. Not allow any person to act as an athletic coach if he or she does not pass the background screening qualifications in s. 435.04. The authority may:

a. Allow a person disqualified under this subparagraph to act as an athletic coach if the person has successfully completed the exemption from the disqualification process under s. 435.07.

b. Exempt a person under 18 years of age or a referee disqualified under this subparagraph from the background screening requirement if the person passes a Level 1 background screening pursuant to s. 435.03 and is under the direct supervision of an athletic coach who meets the background screening requirements of this subsection. For purposes of this subparagraph, the Level 1 background screening must include a search of the person's name or other identifying information against state and federal registries of sexual predators and sexual offenders, which are available to the public on Internet websites provided by the Department of Law Enforcement under s. 943.043, and the Attorney General of the United States under 42 U.S.C. s. 16920.

(c) Maintain for at least 5 years documentation of:

1. The results for each person screened under paragraph (a); and

2. The written notice of disqualification provided to each person under paragraph (b) .

943.0542 Access to criminal history information provided by the department to qualified entities.—

(2)(a) A qualified entity conducting background criminal history checks under this section must:

1. Register with the department before submitting a request for screening under this section. Each such request must be voluntary and conform to the requirements established in the National Child Protection Act of 1993, as amended. As a part of the registration, the qualified entity must agree to comply with state and federal law and must so indicate by signing an agreement approved by the department. The department shall periodically audit qualified entities to ensure compliance with federal law and this section.

2. Before January 1, 2026, or a later date as determined by the Agency for Health Care Administration, submit to the department, and effective January 1, 2026, or a later date as determined by the Agency for Health Care Administration, submit to the agency a request for screening an employee or volunteer or person applying to be an employee or volunteer by submitting fingerprints, or the request may be submitted electronically. The qualified entity must maintain a signed waiver allowing the release of the state and national criminal history record information to the qualified entity.

(3) Through December 31, 2025, or a later date as determined by the Agency for Health Care Administration, the department shall provide directly to the qualified entity the state criminal history records that are not exempt from disclosure under chapter 119 or otherwise confidential under law. A person who is the subject of a state criminal history record may challenge the record only as provided in s. 943.056. Effective January 1, 2026, or a later date as determined by the Agency for Health Care Administration, the Care Provider Background Screening Clearinghouse may provide such records to the qualified entity only if the person challenges the record as provided in this subsection .

943.0542 Access to criminal history information provided by the department to qualified entities.—

(2)(a) A qualified entity conducting background criminal history checks under this section must:

1. Register with the department before submitting a request for screening under this section. Each such request must be voluntary and conform to the requirements established in the National Child Protection Act of 1993, as amended. As a part of the registration, the qualified entity must agree to comply with state and federal law and must so indicate by signing an agreement approved by the department. The qualified entity shall designate a user administrator to act as the primary point of contact and to manage compliance with state and federal laws regarding the security and privacy of criminal history information. The qualified entity may designate additional authorized users with delegated authority to manage or access the system for the purpose of requesting and reviewing background screening information pursuant to this section. The department shall periodically audit qualified entities to ensure compliance with federal law and this section.

2. Before January 1, 2026, or a later date as determined by the Agency for Health Care Administration, submit to the department, and effective January 1, 2026, or a later date as determined by the Agency for Health Care Administration, submit to the agency a request for screening an employee or volunteer or person applying to be an employee or volunteer by submitting fingerprints, or the request may be submitted electronically. The qualified entity must maintain a signed waiver allowing the release of the state and national criminal history record information to the qualified entity.

(3) Through December 31, 2025, or a later date as determined by the Agency for Health Care Administration, the department shall provide directly to the qualified entity the state criminal history records that are not exempt from disclosure under chapter 119 or otherwise confidential under law. A person who is the subject of a state criminal history record may challenge the record only as provided in s. 943.056. Effective January 1, 2026, or a later date as determined by the Agency for Health Care Administration, the Care Provider Background Screening Clearinghouse may provide such records to the qualified entity only if the person challenges the record as provided in this subsection or if the qualified entity is an independent sanctioning authority that is compliant with the Federal Protecting Young Victims from Sexual Abuse and Safe Sport Authorization Act of 2017.