F.S.A. § 943.0438 § 435.04 and § 435.07

Effective January 1, 2025, Florida law requires private, nongovernmental entities that organize, operate or coordinate youth athletic teams in Florida (“Independent Sanctioning Authorities”) to conduct a Level 2 background screening (§ 435.04) of each current and prospective athletic coach. “Athletic coach” is defined as a person 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 and who has direct contact with one or more minors on the youth athletic team. The Independent Sanctioning Authority may not delegate the responsibility to conduct background screenings 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.

Level 2 screening standards pursuant to Fla. Stat. § 435.04 require that the individual be fingerprinted for statewide criminal history record checks through the Department of Law Enforcement, national criminal history records checks through the Federal Bureau of Investigation, and local criminal records check through local law enforcement agencies. A security background investigation under this section also includes a search of the sexual predator and sexual offender registries of any state in which the current or prospective individual resided during the immediately preceding five (5) years. A Level 2 screening disqualifies any person that has been arrested for and is awaiting final disposition of; has been found guilty 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 of the offenses set forth at F.S.A. § 435.04(2) or a similar law of another jurisdiction. Further, a Level 2 screening disqualifies any person that 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 F.S.A. § 741.28, whether such act was committed in Florida or another jurisdiction.

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 F.S.A. § 435.12, the Independent Sanctioning Authority must disqualify any person from acting as an athletic coach as provided in F.S.A. § 435.04; however, the Independent Sanctioning 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 F.S.A. § 435.07. Exemptions may not be granted for sexual predators (§ 775.21), career offenders (§ 775.261), or sexual offenders, unless the sexual offender was removed (§ 943.0435).