Florida SB 1168: Installation or Use of Tracking Devices or Applications

Bill Text

1168 
Background Screenings 
2026-03-04T06:24:27Z 
Providing that, effective on a specified date, an independent sanctioning authority is deemed to be a qualified entity for the purpose of participating in the Care Provider Background Screening Clearinghouse; requiring qualified entities to designate a user administrator for a specified purpose; prohibiting certain persons from denying or failing to acknowledge certain criminal history records that have been expunged or sealed, etc. 
Committee Substitute 2 
2026 
S 
2026-07-01T00:00:00Z 
GB 
General Bill 
c2 

 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. 
 34 
 35 Be It Enacted by the Legislature of the State of Florida: 
 36 
 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