Read the full stored bill text
ENROLLED
CS/CS/HB 1069, Engrossed 1 2026 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb1069 -03-er
Page 1 of 15
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1
An act relating to background screenings; amending s. 2
943.0438, F.S.; revising the definition of the term 3
"athletic coach"; defining the term "team based in 4
this state"; providing that an independent sanctioning 5
authority is deemed to be a qualified entity for the 6
purpose of participating in the Care Provider 7
Background Screening Clearinghouse; authorizing an 8
independent sanctioning authority to allow certain 9
persons to act as athletic coaches and referees 10
without passing certain background screening 11
qualifications under certain circumstances; amending 12
s. 943.0542, F.S.; requiring qualified entities to 13
designate a user administrator for a specified 14
purpose; revising requirements for the Care Provider 15
Background Screening Clearinghouse to release 16
specified records to a qualified entity; amending ss. 17
943.0585 and 943.059, F.S.; prohibiting certain 18
persons from denying or failing to acknowledge certain 19
criminal history records that have been expunged or 20
sealed; requiring the Department of Law Enforcement to 21
disclose sealed criminal history records under 22
specified circumstances; reenacting ss. 943.053(3)(c), 23
943.0578(4), and 943.0582(2)(b), F.S., relating to 24
dissemination of criminal justice information, lawful 25
ENROLLED
CS/CS/HB 1069, Engrossed 1 2026 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb1069 -03-er
Page 2 of 15
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
self-defense expunction, and diversion program 26
expunction, respectively, to incorporate the 27
amendments made to ss. 943.0585 and 943.059, F.S., in 28
references thereto; providing an effective date. 29
30
Be It Enacted by the Legislature of the State of Florida: 31
32
Section 1. Paragraphs (c) through (g) of subsection (2) of 33
section 943.0438, Florida Statutes, are redesignated as 34
paragraphs (b) through (f), respectively, and paragraph (a) of 35
subsection (1) and paragraph (a) and present paragraph (b) of 36
subsection (2) are amended, and paragraph (c) is added to 37
subsection (1) of that section, to read: 38
943.0438 Athletic coaches for independent sanctioning 39
authorities.— 40
(1) As used in this section, the term: 41
(a) "Athletic coach" means a person who: 42
1. Is authorized by an independent sanctioning authority 43
to work as a coach, assistant coach, manager, or referee, 44
whether for compensation or as a volunteer coach, assistant 45
coach, manager, or referee, for a youth athletic team based in 46
this state; and 47
2. Has direct contact with one or more minors on the youth 48
athletic team. 49
(c) "Team based in this state" means a group of players 50
ENROLLED
CS/CS/HB 1069, Engrossed 1 2026 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb1069 -03-er
Page 3 of 15
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
which is assembled in this state to form one side in a 51
competitive game or sport and which primarily practices and 52
competes in this state. 53
(2) An independent sanctioning authority shall: 54
(a) Effective July 1, 2026:, 55
1. Be considered a qualified entity for purposes of 56
participating in the Care Provider Background Screening 57
Clearinghouse under s. 435.12. 58
2. Conduct a level 2 background screening under s. 435.04 59
of each current and prospective athletic coach. The authority 60
may not delegate this responsibility to an individual team and 61
may not authorize any person to act as an athletic coach unless 62
a level 2 background screening is conducted and does not result 63
in disqualification under subparagraph 3 paragraph (b). 64
(b)1. Before January 1, 2026, or a later date as 65
determined by the Agency for Health Care Administration for the 66
participation of qualified entities in the Care Provider 67
Background Screening Clearinghouse under s. 435.12, disqualify 68
any person from acting as an athletic coach as provided in s. 69
435.04. The authority may allow a person disqualified under this 70
subparagraph to act as an athletic coach if it determines that 71
the person meets the requirements for an exemption from 72
disqualification under s. 435.07. 73
3.2. On or after January 1, 2026, or a later date as 74
determined by the Agency for Health Care Administration, Not 75
ENROLLED
CS/CS/HB 1069, Engrossed 1 2026 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb1069 -03-er
Page 4 of 15
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
allow any person to act as an athletic coach if he or she does 76
not pass the background screening qualifications in s. 435.04. 77
The authority may: 78
a. Allow a person disqualified under this subparagraph to 79
act as an athletic coach if the person has successfully 80
completed the exemption from the disqualification process under 81
s. 435.07. 82
b. Exempt a person under 18 years of age or a referee 83
disqualified under this subparagraph from the background 84
screening requirement if the person passes a Level 1 background 85
screening pursuant to s. 435.03 and is under the direct 86
supervision of an athletic coach who meets the background 87
screening requirements of this subsection. For purposes of this 88
subparagraph, the Level 1 background screening must include a 89
search of the person's name or other identifying information 90
against state and federal registries of sexual predators and 91
sexual offenders, which are available to the public on Internet 92
websites provided by the Department of Law Enforcement under s. 93
943.043, and the Attorney General of the United States under 42 94
U.S.C. s. 16920. 95
(c)(d) Maintain for at least 5 years documentation of: 96
1. The results for each person screened under paragraph 97
(a); and 98
2. The written notice of disqualification provided to each 99
person under paragraph (b) (c). 100
ENROLLED
CS/CS/HB 1069, Engrossed 1 2026 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb1069 -03-er
Page 5 of 15
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
Section 2. Paragraph (a) of subsection (2) and subsection 101
(3) of section 943.0542, Florida Statutes, are amended to read: 102
943.0542 Access to criminal history information provided 103
by the department to qualified entities.— 104
(2)(a) A qualified entity conducting background criminal 105
history checks under this section must: 106
1. Register with the department before submitting a 107
request for screening under this section. Each such request must 108
be voluntary and conform to the requirements established in the 109
National Child Protection Act of 1993, as amended. As a part of 110
the registration, the qualified entity must agree to comply with 111
state and federal law and must so indicate by signing an 112
agreement approved by the department. The qualified entity shall 113
designate a user administrator to act as the primary point of 114
contact and to manage compliance with state and federal laws 115
regarding the security and privacy of criminal history 116
information. The qualified entity may designate additional 117
authorized users with delegated authority to manage or access 118
the system for the purpose of requesting and reviewing 119
background screening information pursuant to this section. The 120
department shall periodically audit qualified entities to ensure 121
compliance with federal law and this section. 122
2. Before January 1, 2026, or a later date as determined 123
by the Agency for Health Care Administration, submit to the 124
department, and effective January 1, 2026, or a later date as 125
ENROLLED
CS/CS/HB 1069, Engrossed 1 2026 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb1069 -03-er
Page 6 of 15
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
determined by the Agency for Health Care Administration, submit 126
to the agency a request for screening an employee or volunteer 127
or person applying to be an employee or volunteer by submitting 128
fingerprints, or the request may be submitted electronically. 129
The qualified entity must maintain a signed waiver allowing the 130
release of the state and national criminal history record 131
information to the qualified entity. 132
(3) Through December 31, 2025, or a later date as 133
determined by the Agency for Health Care Administration, the 134
department shall provide directly to the qualified entity the 135
state criminal history records that are not exempt from 136
disclosure under chapter 119 or otherwise confidential under 137
law. A person who is the subject of a state criminal history 138
record may challenge the record only as provided in s. 943.056. 139
Effective January 1, 2026, or a later date as determined by the 140
Agency for Health Care Administration, the Care Provider 141
Background Screening Clearinghouse may provide such records to 142
the qualified entity only if the person challenges the record as 143
provided in this subsection or if the qualified entity is an 144
independent sanctioning authority that is compliant with the 145
Federal Protecting Young Victims from Sexual Abuse and Safe 146
Sport Authorization Act of 2017. 147
Section 3. Paragraphs (b) and (d) of subsection (6) of 148
section 943.0585, Florida Statutes, are amended to read: 149
943.0585 Court-ordered expunction of criminal history 150
ENROLLED
CS/CS/HB 1069, Engrossed 1 2026 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb1069 -03-er
Page 7 of 15
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
records.— 151
(6) EFFECT OF EXPUNCTION ORDER.— 152
(b) The person who is the subject of a criminal history 153
record that is expunged under this section or under other 154
provisions of law, including former ss. 893.14, 901.33, and 155
943.058, may lawfully deny or fail to acknowledge the arrests 156
covered by the expunged record, except when the subject of the 157
record: 158
1. Is a candidate for employment with a criminal justice 159
agency; 160
2. Is a defendant in a criminal prosecution; 161
3. Concurrently or subsequently petitions for relief under 162
this section, s. 943.0583, or s. 943.059; 163
4. Is a candidate for admission to The Florida Bar; 164
5. Is seeking to be employed or licensed by or to contract 165
with the Department of Children and Families, the Division of 166
Vocational Rehabilitation within the Department of Education, 167
the Agency for Health Care Administration, the Agency for 168
Persons with Disabilities, the Department of Health, the 169
Department of Elderly Affairs, or the Department of Juvenile 170
Justice or to be employed or used by such contractor or licensee 171
in a sensitive position having direct contact with children, the 172
disabled, or the elderly; 173
6.a. Is seeking to be employed or licensed by, or contract 174
with, the Department of Education, any district unit under s. 175
ENROLLED
CS/CS/HB 1069, Engrossed 1 2026 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb1069 -03-er
Page 8 of 15
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1001.30, any special district unit under s. 1011.24, the Florida 176
School for the Deaf and the Blind under s. 1002.36, the Florida 177
Virtual School under s. 1002.37, any virtual instruction program 178
under s. 1002.45, any charter school under s. 1002.33, any hope 179
operator under s. 1002.333, any alternative school under s. 180
1008.341, any private or parochial school, or any local 181
governmental entity that licenses child care facilities; 182
b. Is seeking to be employed or used by a contractor or 183
licensee under sub-subparagraph a.; or 184
c. Is a person screened under s. 1012.467; 185
7. Is seeking to be licensed by the Division of Insurance 186
Agent and Agency Services within the Department of Financial 187
Services; or 188
8. Is seeking to be appointed as a guardian pursuant to s. 189
744.3125; or 190
9. Is a person screened through the Care Provider 191
Background Screening Clearinghouse by a qualified entity 192
pursuant to s. 435.12. 193
(d) Information relating to the existence of an expunged 194
criminal history record which is provided in accordance with 195
paragraph (a) is confidential and exempt from s. 119.07(1) and 196
s. 24(a), Art. I of the State Constitution, except that the 197
department shall disclose the existence of a criminal history 198
record ordered expunged to the entities set forth in 199
subparagraphs (b)1. and 4.-9. 4.-8. for their respective 200
ENROLLED
CS/CS/HB 1069, Engrossed 1 2026 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb1069 -03-er
Page 9 of 15
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
licensing, access authorization, and employment purposes and to 201
criminal justice agencies for their respective criminal justice 202
purposes. It is unlawful for any employee of an entity set forth 203
in subparagraph (b)1., subparagraph (b)4., subparagraph (b)5., 204
subparagraph (b)6., subparagraph (b)7., or subparagraph (b)8., 205
or subparagraph (b)9. to disclose information relating to the 206
existence of an expunged criminal history record of a person 207
seeking employment, access authorization, or licensure with such 208
entity or contractor, except to the person to whom the criminal 209
history record relates or to persons having direct 210
responsibility for employment, access authorization, or 211
licensure decisions. A person who violates this paragraph 212
commits a misdemeanor of the first degree, punishable as 213
provided in s. 775.082 or s. 775.083. 214
Section 4. Paragraphs (b) and (d) of subsection (6) of 215
section 943.059, Florida Statutes, are amended to read: 216
943.059 Court-ordered sealing of criminal history 217
records.— 218
(6) EFFECT OF ORDER.— 219
(b) The subject of the criminal history record sealed 220
under this section or under other provisions of law, including 221
former ss. 893.14, 901.33, and 943.058, may lawfully deny or 222
fail to acknowledge the arrests covered by the sealed record, 223
except when the subject of the record: 224
1. Is a candidate for employment with a criminal justice 225
ENROLLED
CS/CS/HB 1069, Engrossed 1 2026 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb1069 -03-er
Page 10 of 15
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
agency; 226
2. Is a defendant in a criminal prosecution; 227
3. Concurrently or subsequently petitions for relief under 228
this section, s. 943.0583, or s. 943.0585; 229
4. Is a candidate for admission to The Florida Bar; 230
5. Is seeking to be employed or licensed by or to contract 231
with the Department of Children and Families, the Division of 232
Vocational Rehabilitation within the Department of Education, 233
the Agency for Health Care Administration, the Agency for 234
Persons with Disabilities, the Department of Health, the 235
Department of Elderly Affairs, or the Department of Juvenile 236
Justice or to be employed or used by such contractor or licensee 237
in a sensitive position having direct contact with children, the 238
disabled, or the elderly; 239
6.a. Is seeking to be employed or licensed by, or contract 240
with, the Department of Education, a district unit under s. 241
1001.30, a special district unit under s. 1011.24, the Florida 242
School for the Deaf and the Blind under s. 1002.36, the Florida 243
Virtual School under s. 1002.37, a virtual instruction program 244
under s. 1002.45, a charter school under s. 1002.33, a hope 245
operator under s. 1002.333, an alternative school under s. 246
1008.341, a private or parochial school, or a local governmental 247
entity that licenses child care facilities; 248
b. Is seeking to be employed or used by a contractor or 249
licensee under sub-subparagraph a.; or 250
ENROLLED
CS/CS/HB 1069, Engrossed 1 2026 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb1069 -03-er
Page 11 of 15
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
c. Is a person screened under s. 1012.467; 251
7. Is attempting to purchase a firearm from a licensed 252
importer, licensed manufacturer, or licensed dealer and is 253
subject to a criminal history check under state or federal law; 254
8. Is seeking to be licensed by the Division of Insurance 255
Agent and Agency Services within the Department of Financial 256
Services; 257
9. Is seeking to be appointed as a guardian pursuant to s. 258
744.3125; or 259
10. Is seeking to be licensed by the Bureau of License 260
Issuance of the Division of Licensing within the Department of 261
Agriculture and Consumer Services to carry a concealed weapon or 262
concealed firearm. This subparagraph applies only in the 263
determination of an applicant's eligibility under s. 790.06; or 264
11. Is a person screened through the Care Provider 265
Background Screening Clearinghouse by a qualified entity 266
pursuant to s. 435.12. 267
(d) Information relating to the existence of a sealed 268
criminal history record provided in accordance with paragraph 269
(b) is confidential and exempt from s. 119.07(1) and s. 24(a), 270
Art. I of the State Constitution, except that the department 271
shall disclose the sealed criminal history record to the 272
entities set forth in subparagraphs (b)1., 4.-6., and 8.-11. 8.-273
10. for their respective licensing, access authorization, and 274
employment purposes. An employee of an entity set forth in 275
ENROLLED
CS/CS/HB 1069, Engrossed 1 2026 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb1069 -03-er
Page 12 of 15
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
subparagraph (b)1., subparagraph (b)4., subparagraph (b)5., 276
subparagraph (b)6., subparagraph (b)8., subparagraph (b)9., or 277
subparagraph (b)10., or subparagraph (b)11. may not disclose 278
information relating to the existence of a sealed criminal 279
history record of a person seeking employment, access 280
authorization, or licensure with such entity or contractor, 281
except to the person to whom the criminal history record relates 282
or to persons having direct responsibility for employment, 283
access authorization, or licensure decisions. A person who 284
violates this paragraph commits a misdemeanor of the first 285
degree, punishable as provided in s. 775.082 or s. 775.083. 286
Section 5. For the purpose of incorporating the amendments 287
made by this act to sections 943.0585 and 943.059, Florida 288
Statutes, in references thereto, paragraph (c) of subsection (3) 289
of section 943.053, Florida Statutes, is reenacted to read: 290
943.053 Dissemination of criminal justice information; 291
fees.— 292
(3) 293
(c)1. Criminal history information relating to juveniles, 294
including criminal history information consisting in whole or in 295
part of information that is confidential and exempt under 296
paragraph (b), shall be available to: 297
a. A criminal justice agency for criminal justice purposes 298
on a priority basis and free of charge; 299
b. The person to whom the record relates, or his or her 300
ENROLLED
CS/CS/HB 1069, Engrossed 1 2026 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb1069 -03-er
Page 13 of 15
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
attorney; 301
c. The parent, guardian, or legal custodian of the person 302
to whom the record relates, provided such person has not reached 303
the age of majority, been emancipated by a court, or been 304
legally married; or 305
d. An agency or entity specified in s. 943.0585(6) or s. 306
943.059(6), for the purposes specified therein, and to any 307
person within such agency or entity who has direct 308
responsibility for employment, access authorization, or 309
licensure decisions. 310
2. After providing the program with all known personal 311
identifying information, the criminal history information 312
relating to a juvenile which is not confidential and exempt 313
under this subsection may be released to the private sector and 314
noncriminal justice agencies not specified in s. 943.0585(6) or 315
s. 943.059(6) in the same manner as provided in paragraph (a). 316
Criminal history information relating to a juvenile which is not 317
confidential and exempt under this subsection is the entire 318
criminal history information relating to a juvenile who 319
satisfies any of the criteria listed in subparagraphs (b)1.-4., 320
except for any portion of such juvenile's criminal history 321
record which has been expunged or sealed under any law 322
applicable to such record. 323
3. All criminal history information relating to juveniles, 324
other than that provided to criminal justice agencies for 325
ENROLLED
CS/CS/HB 1069, Engrossed 1 2026 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb1069 -03-er
Page 14 of 15
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
criminal justice purposes, shall be provided upon tender of fees 326
as established in this subsection and in the manner prescribed 327
by rule of the Department of Law Enforcement. 328
Section 6. For the purpose of incorporating the amendments 329
made by this act to section 943.0585, Florida Statutes, in a 330
reference thereto, subsection (4) of section 943.0578, Florida 331
Statutes, is reenacted to read: 332
943.0578 Lawful self-defense expunction.— 333
(4) Section 943.0585(5) and (6) apply to an expunction 334
ordered under this section. 335
Section 7. For the purpose of incorporating the amendment 336
made by this act to section 943.0585, Florida Statutes, in a 337
reference thereto, paragraph (b) of subsection (2) of section 338
943.0582, Florida Statutes, is reenacted to read: 339
943.0582 Diversion program expunction.— 340
(2) As used in this section, the term: 341
(b) "Expunction" has the same meaning ascribed in and 342
effect as s. 943.0585, except that: 343
1. Section 943.0585(6)(b) does not apply, except that the 344
criminal history record of a person whose record is expunged 345
pursuant to this section shall be made available only to 346
criminal justice agencies for the purpose of: 347
a. Determining eligibility for diversion programs; 348
b. A criminal investigation; or 349
c. Making a prosecutorial decision under s. 985.15. 350
ENROLLED
CS/CS/HB 1069, Engrossed 1 2026 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb1069 -03-er
Page 15 of 15
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
2. Records maintained by local criminal justice agencies 351
in the county in which the arrest occurred that are eligible for 352
expunction pursuant to this section shall be sealed as the term 353
is used in s. 943.059. 354
Section 8. This act shall take effect July 1, 2026. 355