Florida HB 1069: Substance Abuse Services

Status: Died in returning Messages (as of 2018-03-10)

State: Florida · Session: 2018 · Bill: HB 1069

Subjects: health care administration agency, substance abuse, background screening, mental health, subject index

Sponsors: Children, Families and Seniors Subcommittee

Bill Text

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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

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CS/CS/HB 1069, Engrossed 1 2026 Legislature

CODING: Words stricken are deletions; words underlined are additions.
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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
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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

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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

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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 i

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