SB 1168 — Background Screenings

Florida Senate - 2026 CS for SB 1168 588-02202-26 20261168c1 Section 1.

Subsections (2) and (3) of section 435.04, Florida Statutes, are amended to read:

435.04 Level 2 screening standards.— (2) The security background investigations under this section must ensure that persons subject to this section have not been arrested for and are awaiting final disposition of;

have not been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to;

or have not been adjudicated delinquent and the record has not been sealed or expunged for, any offense prohibited under any of the following provisions of state law or similar law of another jurisdiction:

(a) Section 39.205, relating to the failure to report child abuse, abandonment, or neglect.

(b) Section 316.193(3)(c)3., relating to DUI manslaughter.

(c) Section 393.135, relating to sexual misconduct with certain developmentally disabled clients and reporting of such sexual misconduct.

(d)(c) Section 394.4593, relating to sexual misconduct with certain mental health patients and reporting of such sexual misconduct.

(e)(d) Section 414.39, relating to fraud, if the offense was a felony.

(f)(e) Section 415.111, relating to adult abuse, neglect, or exploitation of aged persons or disabled adults.

(g) Section 741.28, relating to domestic violence.

(h)(f) Section 777.04, relating to attempts, solicitation, and conspiracy to commit an offense listed in this subsection.

(i)(g) Section 782.04, relating to murder.

(j)(h) Section 782.07, relating to manslaughter, aggravated Page 3 of 28 CODING:

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words underlined are additions.

Florida Senate - 2026 CS for SB 1168 588-02202-26 20261168c1 manslaughter of an elderly person or disabled adult, or aggravated manslaughter of a child.

(k)(i) Section 782.071, relating to vehicular homicide.

(l)(j) Section 782.09, relating to killing of an unborn child by injury to the mother.

(m)(k) Chapter 784, relating to assault, battery, and culpable negligence, if the offense was a felony.

(n)(l) Section 784.011, relating to assault, if the victim of the offense was a minor.

(o)(m) Section 784.021, relating to aggravated assault.

(p)(n) Section 784.03, relating to battery, if the victim of the offense was a minor.

(q)(o) Section 784.045, relating to aggravated battery.

(r)(p) Section 784.075, relating to battery on staff of a detention or commitment facility or on a juvenile probation officer.

(s)(q) Section 787.01, relating to kidnapping.

(t)(r) Section 787.02, relating to false imprisonment.

(u)(s) Section 787.025, relating to luring or enticing a child.

(v)(t) Section 787.04(2), relating to taking, enticing, or removing a child beyond the state limits with criminal intent pending custody proceedings.

(w)(u) Section 787.04(3), 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.

(x)(v) Section 787.06, relating to human trafficking.

(y)(w) Section 787.07, relating to human smuggling.

Page 4 of 28 CODING:

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Florida Senate - 2026 CS for SB 1168 588-02202-26 20261168c1 (z)(x) Section 790.115(1), relating to exhibiting firearms or weapons within 1,000 feet of a school.

(aa)(y) Section 790.115(2)(b), relating to possessing an electric weapon or device, destructive device, or other weapon on school property.

(bb)(z) Section 794.011, relating to sexual battery.

(cc)(aa) Former s.

794.041, relating to prohibited acts of persons in familial or custodial authority.

(dd)(bb) Section 794.05, relating to unlawful sexual activity with certain minors.

(ee)(cc) Section 794.08, relating to female genital mutilation.

(ff)(dd) Chapter 796, relating to prostitution.

(gg)(ee) Section 798.02, relating to lewd and lascivious behavior.

(hh)(ff) Chapter 800, relating to lewdness and indecent exposure and offenses against students by authority figures.

(ii)(gg) Section 806.01, relating to arson.

(jj)(hh) Section 810.02, relating to burglary.

(kk)(ii) Section 810.14, relating to voyeurism, if the offense is a felony.

(ll)(jj) Section 810.145, relating to digital voyeurism, if the offense is a felony.

(mm)(kk) Chapter 812, relating to theft, robbery, and related crimes, if the offense is a felony.

(nn) Section 815.04, relating to offenses against intellectual property.

(oo) Section 815.06, relating to offenses against users of computers, computer systems, computer networks, and electronic Page 5 of 28 CODING:

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words underlined are additions.

Florida Senate - 2026 CS for SB 1168 588-02202-26 20261168c1 devices.

(pp)(ll) Section 817.563, relating to fraudulent sale of controlled substances, only if the offense was a felony.

(qq)(mm) Section 825.102, relating to abuse, aggravated abuse, or neglect of an elderly person or disabled adult.

(rr)(nn) Section 825.1025, relating to lewd or lascivious offenses committed upon or in the presence of an elderly person or disabled adult.

(ss)(oo) Section 825.103, relating to exploitation of an elderly person or disabled adult, if the offense was a felony.

(tt)(pp) Section 826.04, relating to incest.

(uu)(qq) Section 827.03, relating to child abuse, aggravated child abuse, or neglect of a child.

(vv)(rr) Section 827.04, relating to contributing to the delinquency or dependency of a child.

(ww)(ss) Former s.

827.05, relating to negligent treatment of children.

(xx)(tt) Section 827.071, relating to sexual performance by a child.

(yy) Chapter 828, relating to animal cruelty.

(zz) Section 831.29, relating to making or having instruments and material for counterfeiting driver licenses or identification cards.

(aaa)(uu) Section 831.311, relating to the unlawful sale, manufacture, alteration, delivery, uttering, or possession of counterfeit-resistant prescription blanks for controlled substances.

(bbb) Section 836.05, relating to threats and extortion.

(ccc)(vv) Section 836.10, relating to written or electronic Page 6 of 28 CODING:

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words underlined are additions.

Florida Senate - 2026 CS for SB 1168 588-02202-26 20261168c1 threats to kill, do bodily injury, or conduct a mass shooting or an act of terrorism.

(ddd) Section 838.015, relating to bribery.

(eee)(ww) Section 843.01, relating to resisting arrest with violence.

(fff)(xx) Section 843.025, relating to depriving a law enforcement, correctional, or correctional probation officer means of protection or communication.

(ggg)(yy) Section 843.12, relating to aiding in an escape.

(hhh)(zz) Section 843.13, relating to aiding in the escape of juvenile inmates in correctional institutions.

(iii)(aaa) Chapter 847, relating to obscene literature.

(jjj)(bbb) Section 859.01, relating to poisoning food or water.

(kkk)(ccc) Section 873.01, relating to the prohibition on the purchase or sale of human organs and tissue.

(lll)(ddd) Section 874.05, relating to encouraging or recruiting another to join a criminal gang.

(mmm)(eee) Chapter 893, 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.

(nnn)(fff) Section 916.1075, relating to sexual misconduct with certain forensic clients and reporting of such sexual misconduct.

(ooo)(ggg) Section 944.35(3), relating to inflicting cruel or inhuman treatment on an inmate resulting in great bodily harm.

(ppp)(hhh) Section 944.40, relating to escape.

(qqq)(iii) Section 944.46, relating to harboring, Page 7 of 28 CODING:

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Florida Senate - 2026 CS for SB 1168 588-02202-26 20261168c1 concealing, or aiding an escaped prisoner.

(rrr)(jjj) Section 944.47, relating to introduction of contraband into a correctional facility.

(sss) Section 951.22, relating to contraband articles in county detention facilities.

(ttt)(kkk) Section 985.701, relating to sexual misconduct in juvenile justice programs.

(uuu)(lll) Section 985.711, relating to contraband introduced into detention facilities.

(3) The security background investigations under this section must ensure that no person subject to this section has been arrested for and is awaiting final disposition of, been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to, any offense that constitutes domestic violence as defined in s.

741.28, whether such act was committed in this state or in another jurisdiction.

Section 2.

Subsection (1) of section 435.12, Florida Statutes, is amended to read:

435.12 Care Provider Background Screening Clearinghouse.— (1) The Agency for Health Care Administration in consultation with the Department of Law Enforcement shall create a secure web-based system, which shall be known as the “Care Provider Background Screening Clearinghouse” or “clearinghouse.” The clearinghouse must allow the results of criminal history checks provided to the specified agencies and, beginning January 1, 2026, or a later date as determined by the Agency for Health Care Administration, to qualified entities participating in the clearinghouse for screening of persons qualified as care providers under s.

943.0542 to be shared among the specified Page 8 of 28 CODING:

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2026 CS for SB 1168 588-02202-26 20261168c1 agencies and qualified entities when a person has applied to volunteer, be employed, be licensed, enter into a contract, or has an affiliation that allows or requires a state and national fingerprint-based criminal history check.

Beginning January 1, 2025, or a later date as determined by the Agency for Health Care Administration, the Agency for Health Care Administration shall review and determine eligibility for all criminal history checks submitted to the clearinghouse for the Department of Education.

The clearinghouse shall share eligibility determinations with the Department of Education and the qualified entities.

Beginning July 1, 2028, or as soon as practicable thereafter as determined by the Agency for Health Care Administration, the Agency for Health Care Administration shall review and determine eligibility for all criminal history checks submitted to the clearinghouse by specified agencies as defined in s.

435.02.

The clearinghouse shall share eligibility determinations with the specified agencies.

Each specified agency and qualified entity is responsible for processing exemptions from disqualification pursuant to s.

435.07.

The Agency for Health Care Administration and the Department of Law Enforcement may adopt rules to create forms or implement procedures needed to carry out this section.

Section 3.

The amendments made by this act to s.

435.12(1), Florida Statutes, must be implemented by July 1, 2028, or as soon as practicable thereafter as determined by the Agency for Health Care Administration.

Section 4.

Paragraph (a) of subsection (1) and paragraphs (a), (b), and (d) of subsection (2) of section 943.0438, Florida Statutes, are amended, and subsection (5) is added to that Page 9 of 28 CODING:

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words underlined are additions.

Florida Senate - 2026 CS for SB 1168 588-02202-26 20261168c1 section, to read:

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

(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.

Page(a) 2Effective ofJuly 131, CODING:2026:, 1.

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2026 CS for CS for SB 1168 594-03333-26 20261168c2 (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.

(b)1.2.(b)1.

Be considered a Before January 1, 2026, or a later date as determined by the Agency for Health Care Administration for the participation of qualified entity for purposes of participating entities in the Care Provider Background Screening Clearinghouse under s.

3.2.Page 10 of 28 CODING:

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:

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 younger than 18 years of age or a Page 3 of 13 CODING:

Florida Senate - 2026 CS for CS for SB 1168 594-03333-26588-02202-26 20261168c220261168c1 referee3.2. disqualified under this subparagraph from the background screening requirement if the person passes a level 1 background screening pursuant to s.

435.03On andor isafter underJanuary 1, 2026, or a later date as determined by the directAgency supervisionfor ofHealth Care Administration, Not allow a any person to act as an athletic coach whoif meetshe or she does not pass the background screening requirementsqualifications ofin thiss. subsection.

For435.04. 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 the websites provided by the Department of Law Enforcement under s.

943.043The andauthority may allow a person disqualified under this subparagraph to act as an athletic coach if the Attorneyperson Generalhas ofsuccessfully completed the Unitedexemption Statesfrom underthe 42disqualification U.S.C.process under s.

s.435.07.

16920.

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

paragraph (a);

Section(5) 2.Notwithstanding paragraph (2)(a), a person who has not undergone background screening pursuant to this section may act as an athletic coach if he or she is under the direct supervision of an athletic coach who meets the background screening requirements of this section.

ParagraphSection (a)5. of subsection (2) and subsection (3) of section 943.0542, Florida Statutes, are amended to read:

Paragraph (a) of subsection (2) and subsection (4) of section 943.0542, Florida Statutes, are amended, and subsection (5) of that section is reenacted, to read:

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 Page 411 of 1328 CODING:

Florida Senate - 2026 CS for CS for SB 1168 594-03333-26588-02202-26 20261168c220261168c1 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.

(3)(4) ThroughThe Decembernational 31,criminal 2025,history ordata ais lateravailable dateto asqualified determinedentities byto theuse Agencyonly for Health Care Administration, the departmentpurpose shallof providescreening directlyemployees toand thevolunteers qualifiedor entitypersons theapplying stateto criminalbe historyan recordsemployee that are not exempt from disclosure under chapter 119 or otherwisevolunteer confidentialwith undera law.qualified entity.

AThrough personDecember who31, is2026, or a later date as determined by the subjectAgency offor aHealth stateCare Administration, the department shall provide this national criminal history record mayinformation challengedirectly to the recordqualified onlyPage as12 providedof in28 s.CODING:

943.056.

Effective January 1, 2026, or a later date as determined by the Agency for Health Care Administration, the Care Provider Page 5 of 13 CODING:

Florida Senate - 2026 CS for CS for SB 1168 594-03333-26588-02202-26 20261168c220261168c1 Background Screening Clearinghouse may provide such records to the qualified entity only if the person challenges the record as providedauthorized inby this subsection or if the qualifiedwritten entitywaiver isrequired anfor independentsubmission sanctioning authority that is compliant with the Federal Protecting Young Victims from Sexual Abuse and Safe Sport Authorization Act of 2017.a request.

SectionEffective 3.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 record information to the qualified entity only if the person requests an exemption from the qualified entity under s.

Paragraphs435.07. (b) and (d) of subsection (6) of section 943.0585, Florida Statutes, are amended to read:

943.0585(5) Court-ordered expunction of criminal history records.— (6) EFFECT OF EXPUNCTION ORDER.— (b) The personentity whomaking is the subjectdetermination ofregarding ascreening criminalshall historyapply recordthe thatcriteria is expunged under thiss. section or under other provisions of law, including former ss.

435.04(2) to the state and national criminal history record information received from the department for those persons subject to screening.

The determination whether the criminal history record shows that the employee or volunteer has not been arrested for and is awaiting final disposition of, regardless of adjudication, or entered a plea of nolo contendere or guilty to, or has been adjudicated delinquent and the record has not been sealed or expunged for, any offense listed under s.

435.02(2) shall be made by the qualified entity through December 31, 2025, or a later date as determined by the Agency for Health Care Administration.

Beginning January 1, 2026, or a later date as determined by the Agency for Health Care Administration, the Agency for Health Care Administration shall determine the eligibility of the employee or volunteer of a qualified entity.

This section does not require the department to make such a determination on behalf of any qualified entity.

Section 6.

Paragraph (b) of subsection (6) of section 943.0585, Florida Statutes, is amended to read:

943.0585 Court-ordered expunction of criminal history records.— Page 13 of 28 CODING:

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2026 CS for SB 1168 588-02202-26 20261168c1 (6) EFFECT OF EXPUNCTION ORDER.— (b) The person who is the subject of a criminal history record that is expunged under this section or under other provisions of law, including former ss.

Is seeking to be employed or licensed by or to contract with the Department of Children and Families, the Division of Vocational Rehabilitation within the Department of Education, the Agency for Health Care Administration, the Agency for Persons with Disabilities, the Department of Health, the Department of Elderly Affairs, or the Department of Juvenile PageJustice 6or ofto 13be CODING:employed or used by such contractor or licensee in a sensitive position having direct contact with children, the disabled, or the elderly;

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2026 CS for CS for SB 1168 594-03333-26 20261168c2 Justice or to be employed or used by such contractor or licensee in a sensitive position having direct contact with children, the disabled, or the elderly;

1008.341,Page any14 privateof or28 parochialCODING: school, or any local governmental entity that licenses child care facilities;

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2026 CS for SB 1168 588-02202-26 20261168c1 1008.341, any private or parochial school, or any local governmental entity that licenses child care facilities;

Is a person screened through the Care Provider Background Screening Clearinghouse by a specified agency or qualified entity pursuant to s.

(d)Section Information7. relating to the existence of an expunged criminal history record which is provided in accordance with paragraph (a) is confidential and exempt from s.

119.07(1)Paragraph and(b) s.of subsection (6) of section 943.059, Florida Statutes, is amended to read:

24(a), Art.

I of the State Constitution, except that the department shall disclose the existence of a criminal history record ordered expunged to the entities set forth in Page 7 of 13 CODING:

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words underlined are additions.

Florida Senate - 2026 CS for CS for SB 1168 594-03333-26 20261168c2 subparagraphs (b)1.

and 4.-9.

4.-8.

for their respective licensing, access authorization, and employment purposes and to criminal justice agencies for their respective criminal justice purposes.

It is unlawful for any employee of an entity set forth in subparagraph (b)1., subparagraph (b)4., subparagraph (b)5., subparagraph (b)6., subparagraph (b)7., or subparagraph (b)8., or subparagraph (b)9.

to disclose information relating to the existence of an expunged criminal history record of a person seeking employment, access authorization, or licensure with such entity or contractor, except to the person to whom the criminal history record relates or to persons having direct responsibility for employment, access authorization, or licensure decisions.

A person who violates this paragraph commits a misdemeanor of the first degree, punishable as provided in s.

775.082 or s.

775.083.

Section 4.

Paragraphs (b) and (d) of subsection (6) of section 943.059, Florida Statutes, are amended to read:

Page4. 8 of 13 CODING:

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words underlined are additions.

Florida Senate - 2026 CS for CS for SB 1168 594-03333-26 20261168c2 4.

Is seeking to be employed or licensed by or to contract withPage the15 Department of Children28 andCODING: Families, the Division of Vocational Rehabilitation within the Department of Education, the Agency for Health Care Administration, the Agency for Persons with Disabilities, the Department of Health, the Department of Elderly Affairs, or the Department of Juvenile Justice or to be employed or used by such contractor or licensee in a sensitive position having direct contact with children, the disabled, or the elderly;

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2026 CS for SB 1168 588-02202-26 20261168c1 with the Department of Children and Families, the Division of Vocational Rehabilitation within the Department of Education, the Agency for Health Care Administration, the Agency for Persons with Disabilities, the Department of Health, the Department of Elderly Affairs, or the Department of Juvenile Justice or to be employed or used by such contractor or licensee in a sensitive position having direct contact with children, the disabled, or the elderly;

Page744.3125; 9 of 13 CODING:

or 10.

Is seeking to be licensed by the Bureau of License Page 16 of 28 CODING:

Florida Senate - 2026 CS for CS for SB 1168 594-03333-26588-02202-26 20261168c220261168c1 744.3125;Issuance of the Division of Licensing within the Department of Agriculture and Consumer Services to carry a concealed weapon or concealed firearm.

or 10.

Is seeking to be licensed by the Bureau of License Issuance of the Division of Licensing within the Department of Agriculture and Consumer Services to carry a concealed weapon or concealed firearm.

Is a person screened through the Care Provider Background Screening Clearinghouse by a specified agency or qualified entity pursuant to s.

(d)Section Information8. relating to the existence of a sealed criminal history record provided in accordance with paragraph (b) is confidential and exempt from s.

119.07(1)Paragraph and(a) s.of subsection (5) of section 44.407, Florida Statutes, is amended to read:

24(a),44.407 Art.Elder-focused dispute resolution process.— (5) QUALIFICATIONS FOR ELDERCARING COORDINATORS.— (a) The court shall appoint qualified eldercaring coordinators who:

I1. of the State Constitution, except that the department shall disclose the sealed criminal history record to the entities set forth in subparagraphs (b)1., 4.-6., and 8.-11.

8.-Meet 10.one of the following professional requirements:

for their respective licensing, access authorization, and employment purposes.

An employee of an entity set forth in subparagraph (b)1., subparagraph (b)4., subparagraph (b)5., subparagraph (b)6., subparagraph (b)8., subparagraph (b)9., or subparagraph (b)10., or subparagraph (b)11.

may not disclose information relating to the existence of a sealed criminal history record of a person seeking employment, access authorization, or licensure with such entity or contractor, except to the person to whom the criminal history record relates or to persons having direct responsibility for employment, access authorization, or licensure decisions.

A person who violates this paragraph commits a misdemeanor of the first degree, punishable as provided in s.

775.082 or s.

775.083.

Section 5.

For the purpose of incorporating the amendments Page 10 of 13 CODING:

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2026 CS for CS for SB 1168 594-03333-26 20261168c2 made by this act to sections 943.0585 and 943.059, Florida Statutes, in references thereto, paragraph (c) of subsection (3) of section 943.053, Florida Statutes, is reenacted to read:

943.053 Dissemination of criminal justice information;

fees.— (3) (c)1.

Criminal history information relating to juveniles, including criminal history information consisting in whole or in part of information that is confidential and exempt under paragraph (b), shall be available to:

AAre criminallicensed justiceas agencya formental criminalhealth justiceprofessional purposesunder onchapter 491 and hold at least a prioritymaster’s basisdegree andin freethe professional field of charge;practice;

TheAre personlicensed toas whoma thepsychologist recordunder relates,chapter or490; his or her attorney;

TheAre parent,licensed guardian,as ora legalphysician custodianunder ofchapter the458 person to whom the record relates, provided such person has not reached the age of majority, been emancipated by a court, or beenchapter legally459; married;

or d.

AnAre agencylicensed oras entitya specifiednurse inunder s.chapter 464 and hold at least a master’s degree;

943.0585(6)e. or s.

943.059(6),Are forcertified by the purposesFlorida specifiedSupreme therein,Court andas toa anyfamily personmediator withinand suchhold agencyat orleast entitya whomaster’s hasdegree; direct responsibility for employment, access authorization, or licensure decisions.

f.

Are a member in good standing of The Florida Bar;

or g.

Are a professional guardian as defined in s.

744.102(17) and hold at least a master’s degree.

AfterHave providingcompleted the program with all knownof personal identifying information, the criminalfollowing: history information relating to a juvenile which is not confidential and exempt under this subsection may be released to the private sector and noncriminal justice agencies not specified in s.

943.0585(6)a. or s.

943.059(6)Three inyears theof samepostlicensure manneror aspostcertification providedPage in17 paragraphof (a).28 CODING:

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Florida Senate - 2026 CS for CS for SB 1168 594-03333-26588-02202-26 20261168c220261168c1 Criminalpractice; history information relating to a juvenile which is not confidential and exempt under this subsection is the entire criminal history information relating to a juvenile who satisfies any of the criteria listed in subparagraphs (b)1.-4., except for any portion of such juvenile’s criminal history record which has been expunged or sealed under any law applicable to such record.

b.

A family mediation training program certified by the Florida Supreme Court;

and c.

An eldercaring coordinator training program certified by the Florida Supreme Court.

The training must total at least 44 hours and must include advanced tactics for dispute resolution of issues related to aging, illness, incapacity, or other vulnerabilities associated with elders, as well as elder, guardianship, and incapacity law and procedures and less restrictive alternatives to guardianship;

phases of eldercaring coordination and the role and functions of an eldercaring coordinator;

the elder’s role within eldercaring coordination;

family dynamics related to eldercaring coordination;

eldercaring coordination skills and techniques;

multicultural competence and its use in eldercaring coordination;

at least 6 hours of the implications of elder abuse, neglect, and exploitation and other safety issues pertinent to the training;

at least 4 hours of ethical considerations pertaining to the training;

use of technology within eldercaring coordination;

and court-specific eldercaring coordination procedures.

Pending certification of a training program by the Florida Supreme Court, the eldercaring coordinator must document completion of training that satisfies the hours and the elements prescribed in this sub-subparagraph.

AllHave criminalsuccessfully historypassed informationa relatinglevel to2 juveniles,background otherscreening thanas that provided to criminal justice agencies for criminal justice purposes, shall be provided upon tender of fees as established in thiss. subsection and in the manner prescribed by rule of the Department of Law Enforcement.

Section435.04(2) 6.and (3) or are exempt from disqualification under s.

For435.07. the purpose of incorporating the amendments made by this act to section 943.0585, Florida Statutes, in a reference thereto, subsection (4) of section 943.0578, Florida Statutes, is reenacted to read:

943.0578The Lawfulprospective self-defenseeldercaring expunction.—coordinator (4)must Sectionsubmit 943.0585(5)a andfull (6)set applyof fingerprints to anthe expunctioncourt orderedor underto thisa section.vendor, entity, or agency authorized by s.

Section943.053(13). 7.

ForThe thecourt, purposevendor, ofentity, incorporatingor theagency amendmentshall madeforward bythe thisPage act18 to section 943.0585, Florida Statutes, in a reference thereto, paragraph (b) of subsection28 (2)CODING: of section 943.0582, Florida Statutes, is reenacted to read:

943.0582Words Diversionstricken programare expunction.—deletions; (2) As used in this section, the term:

(b)words “Expunction”underlined hasare theadditions. same meaning ascribed in and effect as s.

943.0585,Florida exceptSenate that:- 2026 CS for SB 1168 588-02202-26 20261168c1 fingerprints to the Department of Law Enforcement for state processing, and the Department of Law Enforcement shall forward the fingerprints to the Federal Bureau of Investigation for national processing.

The prospective eldercaring coordinator shall pay the fees for state and federal fingerprint processing.

The state cost for fingerprint processing shall be as provided in s.

943.053(3)(e) for records provided to persons or entities other than those specified as exceptions therein.

4.

Have not been a respondent in a final order granting an injunction for protection against domestic, dating, sexual, or repeat violence or stalking or exploitation of an elder or a disabled person.

5.

Have met any additional qualifications the court may require to address issues specific to the parties.

Section 9.

Subsection (5) of section 501.9741, Florida Statutes, is amended to read:

501.9741 Assisting in veterans’ benefits matters.— (5) BACKGROUND SCREENING.—A provider must ensure that all individuals who directly assist a veteran in a veterans’ benefits matter complete a level 2 background screening that screens for any offenses identified in s.

408.809(4) or s.

435.04(2)(e), (f), or (ss) or (3) s.

435.04(2)(d), (e), or (oo) or (4) before entering into any agreement with a veteran for veterans’ benefits matters.

An individual must submit a full set of fingerprints to the Department of Law Enforcement or to a vendor, entity, or agency authorized by s.

943.053(13), which shall forward the fingerprints to the Department of Law Enforcement for state processing.

The Department of Veterans’ Affairs shall transmit the background screening results to the Page 19 of 28 CODING:

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2026 CS for SB 1168 588-02202-26 20261168c1 provider, which results must indicate whether an individual’s background screening contains any of the offenses listed in this subsection.

Fees for state and federal fingerprint processing must be borne by the provider or individual.

The state cost for fingerprint processing is as provided in s.

943.053(3)(e).

This subsection does not imply endorsement, certification, or regulation of providers by the Department of Veterans’ Affairs.

Section 10.

For the purpose of incorporating the amendment made by this act to section 435.04, Florida Statutes, in references thereto, subsection (6) and paragraph (d) of subsection (8) of section 397.487, Florida Statutes, are reenacted to read:

397.487 Voluntary certification of recovery residences.— (6) All owners, directors, and chief financial officers of an applicant recovery residence are subject to level 2 background screening as provided under s.

408.809 and chapter 435.

A recovery residence is ineligible for certification, and a credentialing entity shall deny a recovery residence’s application, if any owner, director, or chief financial officer has been found guilty of, or has entered a plea of guilty or nolo contendere to, regardless of adjudication, any offense listed in s.

408.809(4) or s.

435.04(2) unless the department has issued an exemption under s.

435.07.

Exemptions from disqualification applicable to service provider personnel pursuant to s.

397.4073 or s.

435.07 shall apply to this subsection.

In accordance with s.

435.04, the department shall notify the credentialing agency of an owner’s, director’s, or chief financial officer’s eligibility based on the results of his or her background screening.

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Florida Senate - 2026 CS for SB 1168 588-02202-26 20261168c1 (8) Onsite followup monitoring of a certified recovery residence may be conducted by the credentialing entity to determine continuing compliance with certification requirements.

The credentialing entity shall inspect each certified recovery residence at least annually to ensure compliance.

(d) If any owner, director, or chief financial officer of a certified recovery residence is arrested and awaiting disposition for or found guilty of, or enters a plea of guilty or nolo contendere to, regardless of whether adjudication is withheld, any offense listed in s.

435.04(2) while acting in that capacity, the certified recovery residence must immediately remove the person from that position and notify the credentialing entity within 3 business days after such removal.

The credentialing entity must revoke the certificate of compliance of a certified recovery residence that fails to meet these requirements.

Section 11.

For the purpose of incorporating the amendment made by this act to section 435.04, Florida Statutes, in references thereto, subsection (5) and paragraph (b) of subsection (6) of section 397.4871, Florida Statutes, are reenacted to read:

397.4871 Recovery residence administrator certification.— (5) All applicants are subject to level 2 background screening as provided under chapter 435.

An applicant is ineligible, and a credentialing entity shall deny the application, if the applicant has been found guilty of, or has entered a plea of guilty or nolo contendere to, regardless of adjudication, any offense listed in s.

408.809 or s.

435.04(2) unless the department has issued an exemption under s.

435.07.

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Florida Senate - 2026 CS for SB 1168 588-02202-26 20261168c1 Exemptions from disqualification applicable to service provider personnel pursuant to s.

397.4073 or s.

435.07 shall apply to this subsection.

In accordance with s.

435.04, the department shall notify the credentialing agency of the applicant’s eligibility based on the results of his or her background screening.

(6) The credentialing entity shall issue a certificate of compliance upon approval of a person’s application.

The certification shall automatically terminate 1 year after issuance if not renewed.

(b) If a certified recovery residence administrator of a recovery residence is arrested and awaiting disposition for or found guilty of, or enters a plea of guilty or nolo contendere to, regardless of whether adjudication is withheld, any offense listed in s.

435.04(2) while acting in that capacity, the certified recovery residence must immediately remove the person from that position and notify the credentialing entity within 3 business days after such removal.

The certified recovery residence shall retain a certified recovery residence administrator within 90 days after such removal.

The credentialing entity must revoke the certificate of compliance of any recovery residence that fails to meet these requirements.

Section 12.

For the purpose of incorporating the amendment made by this act to section 435.04, Florida Statutes, in a reference thereto, subsection (13) of section 409.913, Florida Statutes, is reenacted to read:

409.913 Oversight of the integrity of the Medicaid program.—The agency shall operate a program to oversee the activities of Florida Medicaid recipients, and providers and Page 22 of 28 CODING:

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Florida Senate - 2026 CS for SB 1168 588-02202-26 20261168c1 their representatives, to ensure that fraudulent and abusive behavior and neglect of recipients occur to the minimum extent possible, and to recover overpayments and impose sanctions as appropriate.

Each January 15, the agency and the Medicaid Fraud Control Unit of the Department of Legal Affairs shall submit a report to the Legislature documenting the effectiveness of the state’s efforts to control Medicaid fraud and abuse and to recover Medicaid overpayments during the previous fiscal year.

The report must describe the number of cases opened and investigated each year;

the sources of the cases opened;

the disposition of the cases closed each year;

the amount of overpayments alleged in preliminary and final audit letters;

the number and amount of fines or penalties imposed;

any reductions in overpayment amounts negotiated in settlement agreements or by other means;

the amount of final agency determinations of overpayments;

the amount deducted from federal claiming as a result of overpayments;

the amount of overpayments recovered each year;

the amount of cost of investigation recovered each year;

the average length of time to collect from the time the case was opened until the overpayment is paid in full;

the amount determined as uncollectible and the portion of the uncollectible amount subsequently reclaimed from the Federal Government;

the number of providers, by type, that are terminated from participation in the Medicaid program as a result of fraud and abuse;

and all costs associated with discovering and prosecuting cases of Medicaid overpayments and making recoveries in such cases.

The report must also document actions taken to prevent overpayments and the number of providers prevented from enrolling in or reenrolling in the Page 23 of 28 CODING:

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Florida Senate - 2026 CS for SB 1168 588-02202-26 20261168c1 Medicaid program as a result of documented Medicaid fraud and abuse and must include policy recommendations necessary to prevent or recover overpayments and changes necessary to prevent and detect Medicaid fraud.

All policy recommendations in the report must include a detailed fiscal analysis, including, but not limited to, implementation costs, estimated savings to the Medicaid program, and the return on investment.

The agency must submit the policy recommendations and fiscal analyses in the report to the appropriate estimating conference, pursuant to s.

216.137, by February 15 of each year.

The agency and the Medicaid Fraud Control Unit of the Department of Legal Affairs each must include detailed unit-specific performance standards, benchmarks, and metrics in the report, including projected cost savings to the state Medicaid program during the following fiscal year.

(13) The agency shall terminate participation of a Medicaid provider in the Medicaid program and may seek civil remedies or impose other administrative sanctions against a Medicaid provider, if the provider or any principal, officer, director, agent, managing employee, or affiliated person of the provider, or any partner or shareholder having an ownership interest in the provider equal to 5 percent or greater, has been convicted of a criminal offense under federal law or the law of any state relating to the practice of the provider’s profession, or a criminal offense listed under s.

408.809(4), s.

409.907(10), or s.

435.04(2).

If the agency determines that the provider did not participate or acquiesce in the offense, termination will not be imposed.

If the agency effects a termination under this subsection, the agency shall take final agency action.

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Florida Senate - 2026 CS for SB 1168 588-02202-26 20261168c1 Section 13.

For the purpose of incorporating the amendment made by this act to section 435.04, Florida Statutes, in a reference thereto, subsection (2) of section 435.03, Florida Statutes, is reenacted to read:

435.03 Level 1 screening standards.— (2) Any person required by law to be screened pursuant to this section must not have an arrest awaiting final disposition, must not have been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to, and must not have been adjudicated delinquent and the record has not been sealed or expunged for, any offense prohibited under s.

435.04(2) or similar law of another jurisdiction.

Section 14.

For the purpose of incorporating the amendment made by this act to section 435.04, Florida Statutes, in a reference thereto, paragraph (j) of subsection (1) of section 1012.22, Florida Statutes, is reenacted to read:

1012.22 Public school personnel;

powers and duties of the district school board.—The district school board shall:

(1) Designate positions to be filled, prescribe qualifications for those positions, and provide for the appointment, compensation, promotion, suspension, and dismissal of employees as follows, subject to the requirements of this chapter:

(j) Temporary removal from the classroom.—The district school board shall adopt a policy temporarily removing instructional personnel from the classroom within 24 hours after a notification by law enforcement or a self-reporting employee of his or her arrest for a felony offense or for a misdemeanor offense listed in s.

435.04(2).

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Florida Senate - 2026 CS for SB 1168 588-02202-26 20261168c1 Section 15.

For the purpose of incorporating the amendment made by this act to section 435.04, Florida Statutes, in a reference thereto, subsection (1) of section 1012.315, Florida Statutes, is reenacted to read:

1012.315 Screening standards.— (1) A person is ineligible for educator certification or employment in any position that requires direct contact with students in a district school system, a charter school, or a private school that participates in a state scholarship program under chapter 1002, which includes being an owner or operator of a private school that participates in a scholarship program under chapter 1002, if the person:

(a) Is on the disqualification list maintained by the department under s.

1001.10(4)(b);

(b) Is registered as a sex offender as described in 42 U.S.C.

s.

9858f(c)(1)(C);

(c) Is ineligible based on a security background investigation under s.

435.04(2).

The Agency for Health Care Administration shall determine the eligibility of employees in any position that requires direct contact with students in a district school system, a charter school, or a private school that participates in a state scholarship program under chapter 1002;

(d) Would be ineligible for an exemption under s.

435.07(4)(c);

or (e) Has been convicted or found guilty of, has had adjudication withheld for, or has pled guilty or nolo contendere to:

SectionAny 943.0585(6)(b) does not apply, except that the criminal historyact recordcommitted ofin aanother personstate whoseor recordunder is expunged Page 1226 of 1328 CODING:

Florida Senate - 2026 CS for CS for SB 1168 594-03333-26588-02202-26 20261168c220261168c1 pursuantfederal tolaw thiswhich, sectionif shallcommitted bein madethis availablestate, onlyconstitutes toa criminaldisqualifying justiceoffense agenciesunder fors. the purpose of:

a.435.04(2).

Determining eligibility for diversion programs;

b.

A criminal investigation;

or c.

Making a prosecutorial decision under s.

985.15.

RecordsAny maintaineddelinquent byact localcommitted criminalin justicethis agenciesstate inor theany countydelinquent inor whichcriminal theact arrestcommitted occurredin thatanother arestate eligibleor forunder expunctionfederal pursuantlaw towhich, if committed in this sectionstate, shallqualifies bean sealedindividual asfor inclusion on the termRegistered isJuvenile usedSex inOffender List under s.

943.059.943.0435(1)(h)1.d.

Section 8.16.

For the purpose of incorporating the amendment made by this act to section 435.04, Florida Statutes, in a reference thereto, section 1012.797, Florida Statutes, is reenacted to read:

1012.797 Notification of certain charges against employees.—Notwithstanding s.

985.04(7) or any other law to the contrary, a law enforcement agency shall, within 48 hours, notify the appropriate district school superintendent, charter school governing board, private school owner or administrator, president of the Florida School for the Deaf and the Blind, or university lab schools director or principal, as applicable, when its employee is arrested for a felony or a misdemeanor involving an offense listed in s.

435.04(2), the abuse of a minor child, or the sale or possession of a controlled substance.

The notification must include the specific charge for which the employee of the school district was arrested.

Notwithstanding ss.

1012.31(3)(a)1.

and 1012.796(4), within 24 hours after such notification, the school principal or designee shall notify parents of enrolled students who had direct contact with the employee and include, at a minimum, the name and specific charges against the employee.

Section 17.

For the purpose of incorporating the amendment Page 27 of 28 CODING:

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Florida Senate - 2026 CS for SB 1168 588-02202-26 20261168c1 made by this act to section 435.04, Florida Statutes, in a reference thereto, subsection (2) of section 1012.799, Florida Statutes, is reenacted to read:

1012.799 Reporting and self-reporting certain offenses.— (2) Instructional personnel and administrative personnel shall self-report within 48 hours to a school district authority, as determined by the district superintendent, any arrest for a felony offense or for a misdemeanor offense listed in s.

435.04(2).

Such self-report is not considered an admission of guilt and is not admissible for any purpose in any proceeding, civil or criminal, administrative or judicial, investigatory or adjudicatory.

In addition, instructional personnel and administrative personnel shall self-report any conviction, finding of guilt, withholding of adjudication, commitment to a pretrial diversion program, or entering of a plea of guilty or nolo contendere for any criminal offense other than a minor traffic violation within 48 hours after the final judgment.

When handling sealed and expunged records disclosed under this rule, school districts must comply with the confidentiality provisions of ss.

943.0585(4)(c) and 943.059(4)(c).

Section 18.

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