June 6, 2024
Florida Statute 943.0438- Background Checks of Athletic Coaches
FYSA Membership:
Florida Statute 943.0438 (Background Checks of Athletic Coaches) was amended in 2023. The statute, as amended, requires background checks of coaches for independent sanctioning authorities (FYSA) to include an FDLE Level 2 Background Check by July 1, 2024. An FDLE Level 2 Background Check requires a fingerprint scan and check of the FDLE and the FBI database. This check will also include real-time monitoring of Florida arrests.
To be clear, FYSA supports the amendments to Florida Statute 943.0438. Athlete safety should be a top priority for sanctioning authorities and the state of Florida. Specifically, the requirement of FDLE Level 2 Background Checks will create a safer environment for all youth participants. However, there has been significant confusion regarding the effective date. FYSA has received conflicting opinions from experts on when our members must submit the FDLE Level 2 Background Check (7/1/24 or 1/1/26).
Since learning of this amendment, FYSA has been actively working with Florida Legislators, lawyers, the FDLE, lobbyists, several private fingerprint vendors, and other Florida sports organizations. We have focused our efforts on the legislative and implementation side of the FDLE Level 2 Background Check:
Legislative:
FYSA has engaged with a lobbyist who is representing FYSA in Tallahassee. Sean Stafford of McGuireWoods Consulting LLC is owed more than a debt of gratitude on behalf of FYSA and the entire Florida sports community. During the final weeks of Session, state Senator Erin Grall (R-Vero) and Representative Dana Trabulsy (R-Ft Pierce) acted quickly and amended their background legislation at our request. We are so grateful for their hard work.
In a brief time, we proposed an amendment to Florida Statute 943.0438 (CS/CS/HB 975) delaying implementation of the FDLE Level 2 Background Check to January 1, 2025. It took weeks to get the amendment through the legislator, but it is now awaiting the governor’s signature. FYSA was advised that the amendment will likely be signed, but it is hard to predict when. Until it is signed, the July 1, 2024, implementation date is still in effect.
Implementation:
At the same time, FYSA has been working with the FDLE on how members will submit the FDLE Level 2 Background Check. FYSA has completed all required training and applications for members to submit fingerprint scans to the FDLE and FBI database.
FYSA has partnered with Biometrics4ALL, an industry leader in live fingerprint scanning, to handle the scanning and transmission to the appropriate governing agencies. Appointments can be scheduled on a club-specific URL through Biometrics4ALL’s website, www.ApplicantServices.com. Fingerprinting service centers are available throughout Florida and across all 50 states, with location details provided on a map during the scheduling process.
Current Position:
A possible implementation mandate of July 1, 2024, would put significant strain on FYSA affiliates and the youth sports landscape. While the amendments to Florida Statute 943.0438 were passed in 2023, FYSA and other governing entities feel ill-equipped to implement the FDLE Level 2 Background Check by July 1, 2024. Meanwhile, the amendment delaying implementation until January 1, 2025, currently awaits signature.
Beginning on June 3, 2024, FYSA opened the FDLE Level 1 Background Check path via GotSport for the 2024/2025 seasonal year. This process is unchanged from 2023/2024 (no fingerprint required). FYSA will recognize and accept background checks submitted in this fashion for the 2024/2025 seasonal year.
Beginning on July 1, 2024, or earlier, FYSA will also have an option to submit the FDLE Level 2 Background Check (fingerprint required) via Biometrics4ALL. Many counties around Florida will require the FDLE Level 2 Background Check to be on the fields. To avoid duplication, and to take a burden off the membership, FYSA will provide and accept FDLE Level 2 Background Checks for the 2024/2025 seasonal year.
For the 2025/2026 Seasonal Year, ALL members will be required to submit the FDLE Level 2 Background Check. Fingerprinting is only required once.
Cost:
FDLE Level 1- $40
FDLE Level 2- $60
More details will be communicated to the membership as soon as they become available.