December 05, 2020
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Bill Text: HB 0721
HB 0721 2004
   
1 A bill to be entitled
2          An act relating to sexual misconduct; creating ss.
3    393.135, 394.4593, and 916.1075, F.S.; defining the terms
4    "employee," "sexual activity," and "sexual misconduct";
5    providing that it is a second degree felony for an
6    employee to engage in sexual misconduct with certain
7    developmentally disabled clients, certain mental health
8    patients, or certain forensic clients; providing certain
9    exceptions; prohibiting certain employment, and providing
10    for dismissal from employment, of a person who has engaged
11    in sexual misconduct with certain developmentally disabled
12    clients, certain mental health patients, or certain
13    forensic clients; requiring certain employees to report
14    sexual misconduct to the central abuse hotline of the
15    Department of Children and Family Services; providing for
16    notification to the inspector general of the Department of
17    Children and Family Services; providing that it is a first
18    degree misdemeanor to knowingly and willfully fail to make
19    a report as required, or to prevent another from doing so,
20    or to submit inaccurate or untruthful information;
21    providing that it is a third degree felony to coerce or
22    threaten another person to alter testimony or a report
23    with respect to an incident of sexual misconduct;
24    providing criminal penalties; amending s. 435.03, F.S.;
25    expanding level 1 screening standards to include criminal
26    offenses related to sexual misconduct with certain
27    developmentally disabled clients, mental health patients,
28    or forensic clients and the reporting of such sexual
29    misconduct; amending s. 435.04, F.S.; expanding level 2
30    screening standards to include the offenses related to
31    sexual misconduct with certain developmentally disabled
32    clients, mental health patients, or forensic clients and
33    the reporting of such sexual misconduct; amending s.
34    943.0585, F.S., relating to court-ordered expunction of
35    criminal history records, for the purpose of incorporating
36    the amendment to s. 943.059, F.S., in a reference thereto;
37    providing that certain criminal history records relating
38    to sexual misconduct with developmentally disabled
39    clients, mental health patients, or forensic clients, or
40    the reporting of such sexual misconduct, shall not be
41    expunged; providing that the application for eligibility
42    for expunction certify that the criminal history record
43    does not relate to an offense involving sexual misconduct
44    with certain developmentally disabled clients, mental
45    health patients, or forensic clients, or the reporting of
46    such sexual misconduct; amending s. 943.059, F.S.,
47    relating to court-ordered sealing of criminal history
48    records, for the purpose of incorporating the amendment to
49    s. 943.0585, F.S., in a reference thereto; providing that
50    certain criminal history records relating to sexual
51    misconduct with developmentally disabled clients, mental
52    health patients, or forensic clients, or the reporting of
53    such sexual misconduct, shall not be sealed; providing
54    that the application for eligibility for sealing certify
55    that the criminal history record does not relate to an
56    offense involving sexual misconduct with certain
57    developmentally disabled clients, mental health patients,
58    or forensic clients, or the reporting of such sexual
59    misconduct; amending s. 400.215, F.S., and reenacting
60    paragraphs (b) and (c) of subsection (2) and subsection
61    (3), relating to background screening requirements for
62    certain nursing home personnel, for the purpose of
63    incorporating the amendments to ss. 435.03 and 435.04,
64    F.S., in references thereto; correcting a cross reference;
65    amending s. 400.964, F.S., and reenacting subsections (1),
66    (2), and (7), relating to background screening
67    requirements for certain personnel employed by
68    intermediate care facilities for the developmentally
69    disabled, for the purpose of incorporating the amendments
70    to ss. 435.03 and 435.04, F.S., in references thereto;
71    correcting a cross reference; amending s. 435.045, F.S.,
72    and reenacting paragraph (a) of subsection (1), relating
73    to requirements for the placement of dependent children,
74    for the purpose of incorporating the amendment to s.
75    435.04, F.S., in a reference thereto; correcting a cross
76    reference; reenacting ss. 400.414(1)(f) and (g), 400.4174,
77    400.509(4)(a), (b), (c), (d), (f), and (g), 400.556(2)(c),
78    400.6065(1), (2), and (4), 400.980(4)(a), (b), (c), (d),
79    (f), and (g), 409.175(2)(k), 409.907(8)(d), 435.05(1) and
80    (3), 744.3135, and 985.04(2), F.S., relating to denial,
81    revocation, or suspension of license to operate an
82    assisted living facility; background screening
83    requirements for certain personnel employed by assisted
84    living facilities; registration of particular home health
85    care service providers; denial, suspension, or revocation
86    of license to operate adult day care centers; background
87    screening requirements for certain hospice personnel;
88    background screening requirements for registrants of the
89    health care service pools; the definition of "screening"
90    in connection with the licensure of family foster homes,
91    residential child-caring agencies, and child-placing
92    agencies; background screening requirements of Medicaid
93    providers; employment of persons in positions requiring
94    background screening; credit and criminal investigations
95    of guardians; oaths, records, and confidential information
96    pertaining to juvenile offenders, respectively, for the
97    purpose of incorporating the amendments to ss. 435.03 and
98    435.04, F.S., in references thereto; reenacting ss.
99    400.512, 400.619(4), 400.6194(1), 400.953, 409.912(32),
100    435.07(4), 464.018(1)(e), 744.309(3), 744.474(12), and
101    985.407(4), F.S., relating to background screening of home
102    health agency personnel, nurse registry personnel,
103    companions, and homemakers; application and renewal of
104    adult family-care home provider licenses; relating to
105    denial, revocation, or suspension of adult family-care
106    home provider license; background screening of home
107    medical equipment provider personnel, background screening
108    requirements for certain persons responsible for managed
109    care plans; exemptions from disqualification from
110    employment; denial of nursing license and disciplinary
111    actions against such licensees; disqualification of
112    guardians; removal of guardians; background screening
113    requirements for certain Department of Juvenile Justice
114    personnel, respectively, for the purpose of incorporating
115    the amendment to s. 435.03, F.S., in references thereto;
116    reenacting ss. 39.001(2)(b), 39.821(1), 110.1127(3)(a) and
117    (c), 112.0455(12)(a), 381.0059(1), (2), and (4),
118    381.60225(1)(a), (b), (c), (d), (f), and (g),
119    383.305(7)(a), (b), (c), (d), (f), and (g), 390.015(3)(a),
120    (b), (c), (d), (f), and (g), 393.0655(1), 393.067(6)(a),
121    (b), (c), (d), (f), and (g), 394.4572(1)(a),
122    394.875(13)(a), (b), (c), (d), (f), and (g), 395.0055(1),
123    (2), (3), (4), (6), and (8), 395.0199(4)(a), (b), (c),
124    (d), (f), and (g), 397.451(1)(a), 400.071(4)(a), (b), (c),
125    (d), and (f), 400.471(4)(a), (b), (c), (d), (f), and (g),
126    400.506(2)(a), (b), (c), (d), (f), and (g), 400.5572,
127    400.607(3)(a), 400.801(4)(a), (b), (c), (d), (f), and (g),
128    400.805(3)(a), (b), (c), (d), (f), and (g), 400.906(5)(a),
129    (b), (c), (d), (f), and (g), 400.931(5)(a), (b), (c), (e),
130    and (f), 400.962(10)(a), (b), (c), (d), and (f),
131    400.991(7)(b) and (d), 402.302(2)(e), 402.305(2)(a),
132    402.3054(3), 483.30(2)(a), (b), (c), (d), (f), and (g),
133    483.101(2)(a), (b), (c), (d), (f), and (g), 744.1085(5),
134    984.01(2)(b), 985.01(2)(b), 1002.36(7)(a) and (b), F.S.,
135    relating to background screening requirements for certain
136    Department of Children and Family Services personnel;
137    qualifications of guardians ad litem; security checks of
138    certain public officers and employees; background
139    screening requirements of certain laboratory personnel in
140    connection with the Drug-Free Workplace Act; background
141    screening requirements for school health services
142    personnel; background screening of certain personnel of
143    the public health system; background screening and
144    licensure of birth center personnel; background screening
145    and licensure of abortion clinic personnel; background
146    screening of direct service providers; background
147    screening and licensure of personnel of intermediate care
148    facilities for the developmentally disabled; background
149    screening of mental health personnel; background screening
150    and licensure of personnel of crisis stabilization units,
151    residential treatment facilities, and residential
152    treatment centers for children and adolescents; background
153    screening and licensure of personnel of hospitals,
154    ambulatory surgical centers, and mobile surgical
155    facilities; background screening of certain personnel in
156    connection with registration for private utilization
157    reviews; background screening of certain service provider
158    personnel; background screening and licensure of certain
159    long-term care facility personnel; background screening
160    and licensure of certain home health agency personnel;
161    background screening and licensure of nurse registry
162    applicants; background screening of certain adult day care
163    center personnel; denial or revocation of hospice license;
164    background screening and licensure of certain transitional
165    living facility personnel; background screening and
166    licensure of certain prescribed pediatric extended care
167    center personnel; background screening and licensure of
168    certain home medical equipment provider personnel;
169    background screening and licensure of certain personnel of
170    intermediate care facilities for the developmentally
171    disabled; background screening and licensure of health
172    care clinic personnel; the definition of "child care
173    facility" in connection with background screening of
174    operators; background screening requirements for personnel
175    of child care facilities; background screening
176    requirements for child enrichment service providers;
177    background screening and licensure of certain personnel of
178    multiphasic health testing centers; background screening
179    and licensure of certain clinical laboratory personnel;
180    regulation of professional guardians; background screening
181    of certain Department of Juvenile Justice and Department
182    of Children and Family Services personnel in connection
183    with programs for children and families in need of
184    services; background screening of certain Department of
185    Juvenile Justice and Department of Children and Family
186    Services personnel in connection with juvenile justice
187    programs, background screening of personnel of the Florida
188    School for the Deaf and the Blind, respectively, for the
189    purposes of incorporating the amendment to s. 435.04,
190    F.S., in references thereto; reenacting s. 943.0582(2)(a)
191    and (6), F.S., relating to prearrest, postarrest, or teen
192    court diversion program expunction for the purpose of
193    incorporating the amendments to ss. 943.0585 and 943.059,
194    F.S., in references thereto; reenacting s. 943.053(7),
195    (8), and (9), F.S., relating to dissemination of criminal
196    justice information, for the purpose of incorporating the
197    amendment to s. 943.059, F.S., in references thereto;
198    providing applicability; providing an effective date.
199         
200          Be It Enacted by the Legislature of the State of Florida:
201         
202          Section 1. Section 393.135, Florida Statutes, is created
203    to read:
204          393.135 Sexual misconduct prohibited; reporting required;
205    penalties.--
206          (1) As used in this section, the term:
207          (a) "Employee" includes any person under contract with the
208    agency or the department and any paid staff member, volunteer,
209    or intern of the agency or the department or any person under
210    contract with the agency or the department.
211          (b) "Sexual activity" means fondling the genital area,
212    groin, inner thighs, buttocks, or breasts of a person; the oral,
213    anal, or vaginal penetration by or union with the sexual organ
214    of another; or the anal or vaginal penetration of another by any
215    other object.
216          (c) "Sexual misconduct" means any sexual activity between
217    an employee and a client, regardless of the consent of the
218    client. The term does not include an act done for a bona fide
219    medical purpose or an internal search conducted in the lawful
220    performance of duty by an employee.
221          (2) An employee who engages in sexual misconduct with a
222    client who:
223          (a) Is committed to the custody of the department;
224          (b) Resides in a residential facility, including any
225    comprehensive transitional education program, developmental
226    services institution, foster care facility, group home facility,
227    intermediate care facility for the developmentally disabled, or
228    residential habilitation center; or
229          (c) Receives services from a family care program
230         
231          commits a felony of the second degree, punishable as provided in
232    s. 775.082, s. 775.083, or s. 775.084. An employee may be found
233    guilty of violating this subsection without having committed the
234    crime of sexual battery.
235          (3) The consent of the client to sexual activity is not a
236    defense to prosecution under this section.
237          (4) This section does not apply to an employee who:
238          (a) Is legally married to the client; or
239          (b) Has no reason to believe that the person with whom the
240    employee engaged in sexual misconduct is a client receiving
241    services as described in subsection (2).
242          (5) Notwithstanding prosecution, any violation of this
243    subsection, as determined by the Public Employees Relations
244    Commission, constitutes sufficient cause under s. 110.227 for
245    dismissal from employment, and such person may not again be
246    employed in any capacity in connection with the developmental
247    services system.
248          (6) An employee who witnesses sexual misconduct, or who
249    otherwise knows or has reasonable cause to suspect that a person
250    has engaged in sexual misconduct, shall immediately report the
251    incident to the department's central abuse hotline. Such
252    employee shall also prepare, date, and sign an independent
253    report that specifically describes the nature of the sexual
254    misconduct, the location and time of the incident, and the
255    persons involved. The employee shall deliver the report to the
256    supervisor or program director, who is responsible for providing
257    copies to the department's inspector general. The inspector
258    general shall immediately conduct an appropriate administrative
259    investigation, and, if there is probable cause to believe that
260    sexual misconduct has occurred, the inspector general shall
261    notify the state attorney in the circuit in which the incident
262    occurred.
263          (7)(a) Any person who is required to make a report under
264    this section and who knowingly or willfully fails to do so, or
265    who knowingly or willfully prevents another person from doing
266    so, commits a misdemeanor of the first degree, punishable as
267    provided in s. 775.082 or s. 775.083.
268          (b) Any person who knowingly or willfully submits
269    inaccurate, incomplete, or untruthful information with respect
270    to a report required under this section commits a misdemeanor of
271    the first degree, punishable as provided in s. 775.082 or s.
272    775.083.
273          (c) Any person who knowingly or willfully coerces or
274    threatens any other person with the intent to alter testimony or
275    a written report regarding an incident of sexual misconduct
276    commits a felony of the third degree, punishable as provided in
277    s. 775.082, s. 775.083, or s. 775.084.
278          Section 2. Section 394.4593, Florida Statutes, is created
279    to read:
280          394.4593 Sexual misconduct prohibited; reporting required;
281    penalties.--
282          (1) As used in this section, the term:
283          (a) "Employee" includes any person under contract with the
284    department and any paid staff member, volunteer, or intern of
285    the department or any person under contract with the department.
286          (b) "Sexual activity" means fondling the genital area,
287    groin, inner thighs, buttocks, or breasts of a person; the oral,
288    anal, or vaginal penetration by or union with the sexual organ
289    of another; or the anal or vaginal penetration of another by any
290    other object.
291          (c) "Sexual misconduct" means any sexual activity between
292    an employee and a patient, regardless of the consent of the
293    patient. The term does not include an act done for a bona fide
294    medical purpose or an internal search conducted in the lawful
295    performance of duty by an employee.
296          (2) An employee who engages in sexual misconduct with a
297    patient who:
298          (a) Is committed to the custody of the department; or
299          (b) Resides in a facility that provides for the
300    evaluation, diagnosis, care, treatment, training, or
301    hospitalization of persons who appear to have a mental illness
302    or have been diagnosed as having a mental illness
303         
304          commits a felony of the second degree, punishable as provided in
305    s. 775.082, s. 775.083, or s. 775.084. An employee may be found
306    guilty of violating this subsection without having committed the
307    crime of sexual battery.
308          (3) The consent of the patient to sexual activity is not a
309    defense to prosecution under this section.
310          (4) This section does not apply to an employee who:
311          (a) Is legally married to the patient; or
312          (b) Has no reason to believe that the person with whom the
313    employee engaged in sexual misconduct is a patient receiving
314    services as described in subsection (2).
315          (5) Notwithstanding prosecution, any violation of this
316    subsection, as determined by the Public Employees Relations
317    Commission, constitutes sufficient cause under s. 110.227 for
318    dismissal from employment, and such person may not again be
319    employed in any capacity in connection with the mental health
320    services system.
321          (6) An employee who witnesses sexual misconduct, or who
322    otherwise knows or has reasonable cause to suspect that a person
323    has engaged in sexual misconduct, shall immediately report the
324    incident to the department's central abuse hotline. Such
325    employee shall also prepare, date, and sign an independent
326    report that specifically describes the nature of the sexual
327    misconduct, the location and time of the incident, and the
328    persons involved. The employee shall deliver the report to the
329    supervisor or program director, who is responsible for providing
330    copies to the department's inspector general. The inspector
331    general shall immediately conduct an appropriate administrative
332    investigation, and, if there is probable cause to believe that
333    sexual misconduct has occurred, the inspector general shall
334    notify the state attorney in the circuit in which the incident
335    occurred.
336          (7)(a) Any person who is required to make a report under
337    this section and who knowingly or willfully fails to do so, or
338    who knowingly or willfully prevents another person from doing
339    so, commits a misdemeanor of the first degree, punishable as
340    provided in s. 775.082 or s. 775.083.
341          (b) Any person who knowingly or willfully submits
342    inaccurate, incomplete, or untruthful information with respect
343    to a report required under this section commits a misdemeanor of
344    the first degree, punishable as provided in s. 775.082 or s.
345    775.083.
346          (c) Any person who knowingly or willfully coerces or
347    threatens any other person with the intent to alter testimony or
348    a written report regarding an incident of sexual misconduct
349    commits a felony of the third degree, punishable as provided in
350    s. 775.082, s. 775.083, or s. 775.084.
351          Section 3. Section 916.1075, Florida Statutes, is created
352    to read:
353          916.1075 Sexual misconduct prohibited; reporting required;
354    penalties.--
355          (1) As used in this section, the term:
356          (a) "Employee" includes any person under contract with the
357    department and any paid staff member, volunteer, or intern of
358    the department or any person under contract with the department.
359          (b) "Sexual activity" means fondling the genital area,
360    groin, inner thighs, buttocks, or breasts of a person; the oral,
361    anal, or vaginal penetration by or union with the sexual organ
362    of another; or the anal or vaginal penetration of another by any
363    other object.
364          (c) "Sexual misconduct" means any sexual activity between
365    an employee and a client, regardless of the consent of the
366    client. The term does not include an act done for a bona fide
367    medical purpose or an internal search conducted in the lawful
368    performance of duty by an employee.
369          (2) An employee who engages in sexual misconduct with a
370    client who resides in a civil or forensic facility commits a
371    felony of the second degree, punishable as provided in s.
372    775.082, s. 775.083, or s. 775.084. An employee may be found
373    guilty of violating this subsection without having committed the
374    crime of sexual battery.
375          (3) The consent of the client to sexual activity is not a
376    defense to prosecution under this section.
377          (4) This section does not apply to an employee who:
378          (a) Is legally married to the client; or
379          (b) Has no reason to believe that the person with whom the
380    employee engaged in sexual misconduct is a client receiving
381    services as described in subsection (2).
382          (5) Notwithstanding prosecution, any violation of this
383    subsection, as determined by the Public Employees Relations
384    Commission, constitutes sufficient cause under s. 110.227 for
385    dismissal from employment, and such person may not again be
386    employed in any capacity in connection with the developmentally
387    disabled or mental health services systems.
388          (6) An employee who witnesses sexual misconduct, or who
389    otherwise knows or has reasonable cause to suspect that a person
390    has engaged in sexual misconduct, shall immediately report the
391    incident to the department's central abuse hotline. Such
392    employee shall also prepare, date, and sign an independent
393    report that specifically describes the nature of the sexual
394    misconduct, the location and time of the incident, and the
395    persons involved. The employee shall deliver the report to the
396    supervisor or program director, who is responsible for providing
397    copies to the department's inspector general. The inspector
398    general shall immediately conduct an appropriate administrative
399    investigation, and, if there is probable cause to believe that
400    sexual misconduct has occurred, the inspector general shall
401    notify the state attorney in the circuit in which the incident
402    occurred.
403          (7)(a) Any person who is required to make a report under
404    this section and who knowingly or willfully fails to do so, or
405    who knowingly or willfully prevents another person from doing
406    so, commits a misdemeanor of the first degree, punishable as
407    provided in s. 775.082 or s. 775.083.
408          (b) Any person who knowingly or willfully submits
409    inaccurate, incomplete, or untruthful information with respect
410    to a report required under this section commits a misdemeanor of
411    the first degree, punishable as provided in s. 775.082 or s.
412    775.083.
413          (c) Any person who knowingly or willfully coerces or
414    threatens any other person with the intent to alter testimony or
415    a written report regarding an incident of sexual misconduct
416    commits a felony of the third degree, punishable as provided in
417    s. 775.082, s. 775.083, or s. 775.084.
418          Section 4. Subsection (2) of section 435.03, Florida
419    Statutes, is amended to read:
420          435.03 Level 1 screening standards.--
421          (2) Any person for whom employment screening is required
422    by statute must not have been found guilty of, regardless of
423    adjudication, or entered a plea of nolo contendere or guilty to,
424    any offense prohibited under any of the following provisions of
425    the Florida Statutes or under any similar statute of another
426    jurisdiction:
427          (a) Section 393.135, relating to sexual misconduct with
428    certain developmentally disabled clients and reporting of such
429    sexual misconduct.
430          (b) Section 394.4593, relating to sexual misconduct with
431    certain mental health patients and reporting of such sexual
432    misconduct.
433          (c)(a)Section 415.111, relating to abuse, neglect, or
434    exploitation of a vulnerable adult.
435          (d)(b)Section 782.04, relating to murder.
436          (e)(c)Section 782.07, relating to manslaughter,
437    aggravated manslaughter of an elderly person or disabled adult,
438    or aggravated manslaughter of a child.
439          (f)(d)Section 782.071, relating to vehicular homicide.
440          (g)(e)Section 782.09, relating to killing of an unborn
441    child by injury to the mother.
442          (h)(f)Section 784.011, relating to assault, if the victim
443    of the offense was a minor.
444          (i)(g)Section 784.021, relating to aggravated assault.
445          (j)(h)Section 784.03, relating to battery, if the victim
446    of the offense was a minor.
447          (k)(i)Section 784.045, relating to aggravated battery.
448          (l)(j)Section 787.01, relating to kidnapping.
449          (m)(k)Section 787.02, relating to false imprisonment.
450          (n)(l)Section 794.011, relating to sexual battery.
451          (o)(m)Former s. 794.041, relating to prohibited acts of
452    persons in familial or custodial authority.
453          (p)(n)Chapter 796, relating to prostitution.
454          (q)(o)Section 798.02, relating to lewd and lascivious
455    behavior.
456          (r)(p)Chapter 800, relating to lewdness and indecent
457    exposure.
458          (s)(q)Section 806.01, relating to arson.
459          (t)(r)Chapter 812, relating to theft, robbery, and
460    related crimes, if the offense was a felony.
461          (u)(s)Section 817.563, relating to fraudulent sale of
462    controlled substances, only if the offense was a felony.
463          (v)(t)Section 825.102, relating to abuse, aggravated
464    abuse, or neglect of an elderly person or disabled adult.
465          (w)(u)Section 825.1025, relating to lewd or lascivious
466    offenses committed upon or in the presence of an elderly person
467    or disabled adult.
468          (x)(v)Section 825.103, relating to exploitation of an
469    elderly person or disabled adult, if the offense was a felony.
470          (y)(w)Section 826.04, relating to incest.
471          (z)(x)Section 827.03, relating to child abuse, aggravated
472    child abuse, or neglect of a child.
473          (aa)(y)Section 827.04, relating to contributing to the
474    delinquency or dependency of a child.
475          (bb)(z)Former s. 827.05, relating to negligent treatment
476    of children.
477          (cc)(aa)Section 827.071, relating to sexual performance
478    by a child.
479          (dd)(bb)Chapter 847, relating to obscene literature.
480          (ee)(cc)Chapter 893, relating to drug abuse prevention
481    and control, only if the offense was a felony or if any other
482    person involved in the offense was a minor.
483          (ff) Section 916.0175, relating to sexual misconduct with
484    certain forensic clients and reporting of such sexual
485    misconduct.
486          Section 5. Subsection (2) of section 435.04, Florida
487    Statutes, is amended to read:
488          435.04 Level 2 screening standards.--
489          (2) The security background investigations under this
490    section must ensure that no persons subject to the provisions of
491    this section have been found guilty of, regardless of
492    adjudication, or entered a plea of nolo contendere or guilty to,
493    any offense prohibited under any of the following provisions of
494    the Florida Statutes or under any similar statute of another
495    jurisdiction:
496          (a) Section 393.135, relating to sexual misconduct with
497    certain developmentally disabled clients and reporting of such
498    sexual misconduct.
499          (b) Section 394.4593, relating to sexual misconduct with
500    certain mental health patients and reporting of such sexual
501    misconduct.
502          (c)(a)Section 415.111, relating to adult abuse, neglect,
503    or exploitation of aged persons or disabled adults.
504          (d)(b)Section 782.04, relating to murder.
505          (e)(c)Section 782.07, relating to manslaughter,
506    aggravated manslaughter of an elderly person or disabled adult,
507    or aggravated manslaughter of a child.
508          (f)(d)Section 782.071, relating to vehicular homicide.
509          (g)(e)Section 782.09, relating to killing of an unborn
510    child by injury to the mother.
511          (h)(f)Section 784.011, relating to assault, if the victim
512    of the offense was a minor.
513          (i)(g)Section 784.021, relating to aggravated assault.
514          (j)(h)Section 784.03, relating to battery, if the victim
515    of the offense was a minor.
516          (k)(i)Section 784.045, relating to aggravated battery.
517          (l)(j)Section 784.075, relating to battery on a detention
518    or commitment facility staff.
519          (m)(k)Section 787.01, relating to kidnapping.
520          (n)(l)Section 787.02, relating to false imprisonment.
521          (o)(m)Section 787.04(2), relating to taking, enticing, or
522    removing a child beyond the state limits with criminal intent
523    pending custody proceedings.
524          (p)(n)Section 787.04(3), relating to carrying a child
525    beyond the state lines with criminal intent to avoid producing a
526    child at a custody hearing or delivering the child to the
527    designated person.
528          (q)(o)Section 790.115(1), relating to exhibiting firearms
529    or weapons within 1,000 feet of a school.
530          (r)(p)Section 790.115(2)(b), relating to possessing an
531    electric weapon or device, destructive device, or other weapon
532    on school property.
533          (s)(q)Section 794.011, relating to sexual battery.
534          (t)(r)Former s. 794.041, relating to prohibited acts of
535    persons in familial or custodial authority.
536          (u)(s)Chapter 796, relating to prostitution.
537          (v)(t)Section 798.02, relating to lewd and lascivious
538    behavior.
539          (w)(u)Chapter 800, relating to lewdness and indecent
540    exposure.
541          (x)(v)Section 806.01, relating to arson.
542          (y)(w)Chapter 812, relating to theft, robbery, and
543    related crimes, if the offense is a felony.
544          (z)(x)Section 817.563, relating to fraudulent sale of
545    controlled substances, only if the offense was a felony.
546          (aa)(y)Section 825.102, relating to abuse, aggravated
547    abuse, or neglect of an elderly person or disabled adult.
548          (bb)(z)Section 825.1025, relating to lewd or lascivious
549    offenses committed upon or in the presence of an elderly person
550    or disabled adult.
551          (cc)(aa)Section 825.103, relating to exploitation of an
552    elderly person or disabled adult, if the offense was a felony.
553          (dd)(bb)Section 826.04, relating to incest.
554          (ee)(cc)Section 827.03, relating to child abuse,
555    aggravated child abuse, or neglect of a child.
556          (ff)(dd)Section 827.04, relating to contributing to the
557    delinquency or dependency of a child.
558          (gg)(ee)Former s. 827.05, relating to negligent treatment
559    of children.
560          (hh)(ff)Section 827.071, relating to sexual performance
561    by a child.
562          (ii)(gg)Section 843.01, relating to resisting arrest with
563    violence.
564          (jj)(hh)Section 843.025, relating to depriving a law
565    enforcement, correctional, or correctional probation officer
566    means of protection or communication.
567          (kk)(ii)Section 843.12, relating to aiding in an escape.
568          (ll)(jj)Section 843.13, relating to aiding in the escape
569    of juvenile inmates in correctional institutions.
570          (mm)(kk)Chapter 847, relating to obscene literature.
571          (nn)(ll)Section 874.05(1), relating to encouraging or
572    recruiting another to join a criminal gang.
573          (oo)(mm)Chapter 893, relating to drug abuse prevention
574    and control, only if the offense was a felony or if any other
575    person involved in the offense was a minor.
576          (pp) Section 916.0175, relating to sexual misconduct with
577    certain forensic clients and reporting of such sexual
578    misconduct.
579          (qq)(nn)Section 944.35(3), relating to inflicting cruel
580    or inhuman treatment on an inmate resulting in great bodily
581    harm.
582          (rr)(oo)Section 944.46, relating to harboring,
583    concealing, or aiding an escaped prisoner.
584          (ss)(pp)Section 944.47, relating to introduction of
585    contraband into a correctional facility.
586          (tt)(qq)Section 985.4045, relating to sexual misconduct
587    in juvenile justice programs.
588          (uu)(rr)Section 985.4046, relating to contraband
589    introduced into detention facilities.
590          Section 6. Section 943.0585, Florida Statutes, is amended
591    to read:
592          943.0585 Court-ordered expunction of criminal history
593    records.--The courts of this state have jurisdiction over their
594    own procedures, including the maintenance, expunction, and
595    correction of judicial records containing criminal history
596    information to the extent such procedures are not inconsistent
597    with the conditions, responsibilities, and duties established by
598    this section. Any court of competent jurisdiction may order a
599    criminal justice agency to expunge the criminal history record
600    of a minor or an adult who complies with the requirements of
601    this section. The court shall not order a criminal justice
602    agency to expunge a criminal history record until the person
603    seeking to expunge a criminal history record has applied for and
604    received a certificate of eligibility for expunction pursuant to
605    subsection (2). A criminal history record that relates to a
606    violation of s. 393.135, s. 394.4593,s. 787.025, chapter 794,
607    s. 796.03, s. 800.04, s. 817.034, s. 825.1025, s. 827.071,
608    chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s. 893.135,
609    s. 916.1075,or a violation enumerated in s. 907.041 may not be
610    expunged, without regard to whether adjudication was withheld,
611    if the defendant was found guilty of or pled guilty or nolo
612    contendere to the offense, or if the defendant, as a minor, was
613    found to have committed, or pled guilty or nolo contendere to
614    committing, the offense as a delinquent act. The court may only
615    order expunction of a criminal history record pertaining to one
616    arrest or one incident of alleged criminal activity, except as
617    provided in this section. The court may, at its sole discretion,
618    order the expunction of a criminal history record pertaining to
619    more than one arrest if the additional arrests directly relate
620    to the original arrest. If the court intends to order the
621    expunction of records pertaining to such additional arrests,
622    such intent must be specified in the order. A criminal justice
623    agency may not expunge any record pertaining to such additional
624    arrests if the order to expunge does not articulate the
625    intention of the court to expunge a record pertaining to more
626    than one arrest. This section does not prevent the court from
627    ordering the expunction of only a portion of a criminal history
628    record pertaining to one arrest or one incident of alleged
629    criminal activity. Notwithstanding any law to the contrary, a
630    criminal justice agency may comply with laws, court orders, and
631    official requests of other jurisdictions relating to expunction,
632    correction, or confidential handling of criminal history records
633    or information derived therefrom. This section does not confer
634    any right to the expunction of any criminal history record, and
635    any request for expunction of a criminal history record may be
636    denied at the sole discretion of the court.
637          (1) PETITION TO EXPUNGE A CRIMINAL HISTORY RECORD.--Each
638    petition to a court to expunge a criminal history record is
639    complete only when accompanied by:
640          (a) A certificate of eligibility for expunction issued by
641    the department pursuant to subsection (2).
642          (b) The petitioner's sworn statement attesting that the
643    petitioner:
644          1. Has never, prior to the date on which the petition is
645    filed, been adjudicated guilty of a criminal offense or
646    comparable ordinance violation or adjudicated delinquent for
647    committing a felony or a misdemeanor specified in s.
648    943.051(3)(b).
649          2. Has not been adjudicated guilty of, or adjudicated
650    delinquent for committing, any of the acts stemming from the
651    arrest or alleged criminal activity to which the petition
652    pertains.
653          3. Has never secured a prior sealing or expunction of a
654    criminal history record under this section, former s. 893.14,
655    former s. 901.33, or former s. 943.058, or from any jurisdiction
656    outside the state.
657          4. Is eligible for such an expunction to the best of his
658    or her knowledge or belief and does not have any other petition
659    to expunge or any petition to seal pending before any court.
660         
661          Any person who knowingly provides false information on such
662    sworn statement to the court commits a felony of the third
663    degree, punishable as provided in s. 775.082, s. 775.083, or s.
664    775.084.
665          (2) CERTIFICATE OF ELIGIBILITY FOR EXPUNCTION.--Prior to
666    petitioning the court to expunge a criminal history record, a
667    person seeking to expunge a criminal history record shall apply
668    to the department for a certificate of eligibility for
669    expunction. The department shall, by rule adopted pursuant to
670    chapter 120, establish procedures pertaining to the application
671    for and issuance of certificates of eligibility for expunction.
672    The department shall issue a certificate of eligibility for
673    expunction to a person who is the subject of a criminal history
674    record if that person:
675          (a) Has obtained, and submitted to the department, a
676    written, certified statement from the appropriate state attorney
677    or statewide prosecutor which indicates:
678          1. That an indictment, information, or other charging
679    document was not filed or issued in the case.
680          2. That an indictment, information, or other charging
681    document, if filed or issued in the case, was dismissed or nolle
682    prosequi by the state attorney or statewide prosecutor, or was
683    dismissed by a court of competent jurisdiction.
684          3. That the criminal history record does not relate to a
685    violation of s. 393.135, s. 394.4593,s. 787.025, chapter 794,
686    s. 796.03, s. 800.04, s. 817.034, s. 825.1025, s. 827.071,
687    chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s. 893.135,
688    s. 916.1075,or a violation enumerated in s. 907.041, where the
689    defendant was found guilty of, or pled guilty or nolo contendere
690    to any such offense, or that the defendant, as a minor, was
691    found to have committed, or pled guilty or nolo contendere to
692    committing, such an offense as a delinquent act, without regard
693    to whether adjudication was withheld.
694          (b) Remits a $75 processing fee to the department for
695    placement in the Department of Law Enforcement Operating Trust
696    Fund, unless such fee is waived by the executive director.
697          (c) Has submitted to the department a certified copy of
698    the disposition of the charge to which the petition to expunge
699    pertains.
700          (d) Has never, prior to the date on which the application
701    for a certificate of eligibility is filed, been adjudicated
702    guilty of a criminal offense or comparable ordinance violation
703    or adjudicated delinquent for committing a felony or a
704    misdemeanor specified in s. 943.051(3)(b).
705          (e) Has not been adjudicated guilty of, or adjudicated
706    delinquent for committing, any of the acts stemming from the
707    arrest or alleged criminal activity to which the petition to
708    expunge pertains.
709          (f) Has never secured a prior sealing or expunction of a
710    criminal history record under this section, former s. 893.14,
711    former s. 901.33, or former s. 943.058.
712          (g) Is no longer under court supervision applicable to the
713    disposition of the arrest or alleged criminal activity to which
714    the petition to expunge pertains.
715          (h) Is not required to wait a minimum of 10 years prior to
716    being eligible for an expunction of such records because all
717    charges related to the arrest or criminal activity to which the
718    petition to expunge pertains were dismissed prior to trial,
719    adjudication, or the withholding of adjudication. Otherwise,
720    such criminal history record must be sealed under this section,
721    former s. 893.14, former s. 901.33, or former s. 943.058 for at
722    least 10 years before such record is eligible for expunction.
723          (3) PROCESSING OF A PETITION OR ORDER TO EXPUNGE.--
724          (a) In judicial proceedings under this section, a copy of
725    the completed petition to expunge shall be served upon the
726    appropriate state attorney or the statewide prosecutor and upon
727    the arresting agency; however, it is not necessary to make any
728    agency other than the state a party. The appropriate state
729    attorney or the statewide prosecutor and the arresting agency
730    may respond to the court regarding the completed petition to
731    expunge.
732          (b) If relief is granted by the court, the clerk of the
733    court shall certify copies of the order to the appropriate state
734    attorney or the statewide prosecutor and the arresting agency.
735    The arresting agency is responsible for forwarding the order to
736    any other agency to which the arresting agency disseminated the
737    criminal history record information to which the order pertains.
738    The department shall forward the order to expunge to the Federal
739    Bureau of Investigation. The clerk of the court shall certify a
740    copy of the order to any other agency which the records of the
741    court reflect has received the criminal history record from the
742    court.
743          (c) For an order to expunge entered by a court prior to
744    July 1, 1992, the department shall notify the appropriate state
745    attorney or statewide prosecutor of an order to expunge which is
746    contrary to law because the person who is the subject of the
747    record has previously been convicted of a crime or comparable
748    ordinance violation or has had a prior criminal history record
749    sealed or expunged. Upon receipt of such notice, the appropriate
750    state attorney or statewide prosecutor shall take action, within
751    60 days, to correct the record and petition the court to void
752    the order to expunge. The department shall seal the record until
753    such time as the order is voided by the court.
754          (d) On or after July 1, 1992, the department or any other
755    criminal justice agency is not required to act on an order to
756    expunge entered by a court when such order does not comply with
757    the requirements of this section. Upon receipt of such an order,
758    the department must notify the issuing court, the appropriate
759    state attorney or statewide prosecutor, the petitioner or the
760    petitioner's attorney, and the arresting agency of the reason
761    for noncompliance. The appropriate state attorney or statewide
762    prosecutor shall take action within 60 days to correct the
763    record and petition the court to void the order. No cause of
764    action, including contempt of court, shall arise against any
765    criminal justice agency for failure to comply with an order to
766    expunge when the petitioner for such order failed to obtain the
767    certificate of eligibility as required by this section or such
768    order does not otherwise comply with the requirements of this
769    section.
770          (4) EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.--Any
771    criminal history record of a minor or an adult which is ordered
772    expunged by a court of competent jurisdiction pursuant to this
773    section must be physically destroyed or obliterated by any
774    criminal justice agency having custody of such record; except
775    that any criminal history record in the custody of the
776    department must be retained in all cases. A criminal history
777    record ordered expunged that is retained by the department is
778    confidential and exempt from the provisions of s. 119.07(1) and
779    s. 24(a), Art. I of the State Constitution and not available to
780    any person or entity except upon order of a court of competent
781    jurisdiction. A criminal justice agency may retain a notation
782    indicating compliance with an order to expunge.
783          (a) The person who is the subject of a criminal history
784    record that is expunged under this section or under other
785    provisions of law, including former s. 893.14, former s. 901.33,
786    and former s. 943.058, may lawfully deny or fail to acknowledge
787    the arrests covered by the expunged record, except when the
788    subject of the record:
789          1. Is a candidate for employment with a criminal justice
790    agency;
791          2. Is a defendant in a criminal prosecution;
792          3. Concurrently or subsequently petitions for relief under
793    this section or s. 943.059;
794          4. Is a candidate for admission to The Florida Bar;
795          5. Is seeking to be employed or licensed by or to contract
796    with the Department of Children and Family Services or the
797    Department of Juvenile Justice or to be employed or used by such
798    contractor or licensee in a sensitive position having direct
799    contact with children, the developmentally disabled, the aged,
800    or the elderly as provided in s. 110.1127(3), s. 393.063(15), s.
801    394.4572(1), s. 397.451, s. 402.302(3), s. 402.313(3), s.
802    409.175(2)(i), s. 415.102(4), s. 916.106(10) and (13),s.
803    985.407, or chapter 400; or
804          6. Is seeking to be employed or licensed by the Office of
805    Teacher Education, Certification, Staff Development, and
806    Professional Practices of the Department of Education, any
807    district school board, or any local governmental entity that
808    licenses child care facilities.
809          (b) Subject to the exceptions in paragraph (a), a person
810    who has been granted an expunction under this section, former s.
811    893.14, former s. 901.33, or former s. 943.058 may not be held
812    under any provision of law of this state to commit perjury or to
813    be otherwise liable for giving a false statement by reason of
814    such person's failure to recite or acknowledge an expunged
815    criminal history record.
816          (c) Information relating to the existence of an expunged
817    criminal history record which is provided in accordance with
818    paragraph (a) is confidential and exempt from the provisions of
819    s. 119.07(1) and s. 24(a), Art. I of the State Constitution,
820    except that the department shall disclose the existence of a
821    criminal history record ordered expunged to the entities set
822    forth in subparagraphs (a)1., 4., 5., and 6. for their
823    respective licensing and employment purposes, and to criminal
824    justice agencies for their respective criminal justice purposes.
825    It is unlawful for any employee of an entity set forth in
826    subparagraph (a)1., subparagraph (a)4., subparagraph (a)5., or
827    subparagraph (a)6. to disclose information relating to the
828    existence of an expunged criminal history record of a person
829    seeking employment or licensure with such entity or contractor,
830    except to the person to whom the criminal history record relates
831    or to persons having direct responsibility for employment or
832    licensure decisions. Any person who violates this paragraph
833    commits a misdemeanor of the first degree, punishable as
834    provided in s. 775.082 or s. 775.083.
835          (5) STATUTORY REFERENCES.--Any reference to any other
836    chapter, section, or subdivision of the Florida Statutes in this
837    section constitutes a general reference under the doctrine of
838    incorporation by reference.
839          Section 7. Section 943.059, Florida Statutes, is amended
840    to read:
841          943.059 Court-ordered sealing of criminal history
842    records.--The courts of this state shall continue to have
843    jurisdiction over their own procedures, including the
844    maintenance, sealing, and correction of judicial records
845    containing criminal history information to the extent such
846    procedures are not inconsistent with the conditions,
847    responsibilities, and duties established by this section. Any
848    court of competent jurisdiction may order a criminal justice
849    agency to seal the criminal history record of a minor or an
850    adult who complies with the requirements of this section. The
851    court shall not order a criminal justice agency to seal a
852    criminal history record until the person seeking to seal a
853    criminal history record has applied for and received a
854    certificate of eligibility for sealing pursuant to subsection
855    (2). A criminal history record that relates to a violation of s.
856    393.135, s. 394.4593,s. 787.025, chapter 794, s. 796.03, s.
857    800.04, s. 817.034, s. 825.1025, s. 827.071, chapter 839, s.
858    847.0133, s. 847.0135, s. 847.0145, s. 893.135, s. 916.1075,or
859    a violation enumerated in s. 907.041 may not be sealed, without
860    regard to whether adjudication was withheld, if the defendant
861    was found guilty of or pled guilty or nolo contendere to the
862    offense, or if the defendant, as a minor, was found to have
863    committed or pled guilty or nolo contendere to committing the
864    offense as a delinquent act. The court may only order sealing of
865    a criminal history record pertaining to one arrest or one
866    incident of alleged criminal activity, except as provided in
867    this section. The court may, at its sole discretion, order the
868    sealing of a criminal history record pertaining to more than one
869    arrest if the additional arrests directly relate to the original
870    arrest. If the court intends to order the sealing of records
871    pertaining to such additional arrests, such intent must be
872    specified in the order. A criminal justice agency may not seal
873    any record pertaining to such additional arrests if the order to
874    seal does not articulate the intention of the court to seal
875    records pertaining to more than one arrest. This section does
876    not prevent the court from ordering the sealing of only a
877    portion of a criminal history record pertaining to one arrest or
878    one incident of alleged criminal activity. Notwithstanding any
879    law to the contrary, a criminal justice agency may comply with
880    laws, court orders, and official requests of other jurisdictions
881    relating to sealing, correction, or confidential handling of
882    criminal history records or information derived therefrom. This
883    section does not confer any right to the sealing of any criminal
884    history record, and any request for sealing a criminal history
885    record may be denied at the sole discretion of the court.
886          (1) PETITION TO SEAL A CRIMINAL HISTORY RECORD.--Each
887    petition to a court to seal a criminal history record is
888    complete only when accompanied by:
889          (a) A certificate of eligibility for sealing issued by the
890    department pursuant to subsection (2).
891          (b) The petitioner's sworn statement attesting that the
892    petitioner:
893          1. Has never, prior to the date on which the petition is
894    filed, been adjudicated guilty of a criminal offense or
895    comparable ordinance violation or adjudicated delinquent for
896    committing a felony or a misdemeanor specified in s.
897    943.051(3)(b).
898          2. Has not been adjudicated guilty of or adjudicated
899    delinquent for committing any of the acts stemming from the
900    arrest or alleged criminal activity to which the petition to
901    seal pertains.
902          3. Has never secured a prior sealing or expunction of a
903    criminal history record under this section, former s. 893.14,
904    former s. 901.33, former s. 943.058, or from any jurisdiction
905    outside the state.
906          4. Is eligible for such a sealing to the best of his or
907    her knowledge or belief and does not have any other petition to
908    seal or any petition to expunge pending before any court.
909         
910          Any person who knowingly provides false information on such
911    sworn statement to the court commits a felony of the third
912    degree, punishable as provided in s. 775.082, s. 775.083, or s.
913    775.084.
914          (2) CERTIFICATE OF ELIGIBILITY FOR SEALING.--Prior to
915    petitioning the court to seal a criminal history record, a
916    person seeking to seal a criminal history record shall apply to
917    the department for a certificate of eligibility for sealing. The
918    department shall, by rule adopted pursuant to chapter 120,
919    establish procedures pertaining to the application for and
920    issuance of certificates of eligibility for sealing. The
921    department shall issue a certificate of eligibility for sealing
922    to a person who is the subject of a criminal history record
923    provided that such person:
924          (a) Has submitted to the department a certified copy of
925    the disposition of the charge to which the petition to seal
926    pertains.
927          (b) Remits a $75 processing fee to the department for
928    placement in the Department of Law Enforcement Operating Trust
929    Fund, unless such fee is waived by the executive director.
930          (c) Has never, prior to the date on which the application
931    for a certificate of eligibility is filed, been adjudicated
932    guilty of a criminal offense or comparable ordinance violation
933    or adjudicated delinquent for committing a felony or a
934    misdemeanor specified in s. 943.051(3)(b).
935          (d) Has not been adjudicated guilty of or adjudicated
936    delinquent for committing any of the acts stemming from the
937    arrest or alleged criminal activity to which the petition to
938    seal pertains.
939          (e) Has never secured a prior sealing or expunction of a
940    criminal history record under this section, former s. 893.14,
941    former s. 901.33, or former s. 943.058.
942          (f) Is no longer under court supervision applicable to the
943    disposition of the arrest or alleged criminal activity to which
944    the petition to seal pertains.
945          (3) PROCESSING OF A PETITION OR ORDER TO SEAL.--
946          (a) In judicial proceedings under this section, a copy of
947    the completed petition to seal shall be served upon the
948    appropriate state attorney or the statewide prosecutor and upon
949    the arresting agency; however, it is not necessary to make any
950    agency other than the state a party. The appropriate state
951    attorney or the statewide prosecutor and the arresting agency
952    may respond to the court regarding the completed petition to
953    seal.
954          (b) If relief is granted by the court, the clerk of the
955    court shall certify copies of the order to the appropriate state
956    attorney or the statewide prosecutor and to the arresting
957    agency. The arresting agency is responsible for forwarding the
958    order to any other agency to which the arresting agency
959    disseminated the criminal history record information to which
960    the order pertains. The department shall forward the order to
961    seal to the Federal Bureau of Investigation. The clerk of the
962    court shall certify a copy of the order to any other agency
963    which the records of the court reflect has received the criminal
964    history record from the court.
965          (c) For an order to seal entered by a court prior to July
966    1, 1992, the department shall notify the appropriate state
967    attorney or statewide prosecutor of any order to seal which is
968    contrary to law because the person who is the subject of the
969    record has previously been convicted of a crime or comparable
970    ordinance violation or has had a prior criminal history record
971    sealed or expunged. Upon receipt of such notice, the appropriate
972    state attorney or statewide prosecutor shall take action, within
973    60 days, to correct the record and petition the court to void
974    the order to seal. The department shall seal the record until
975    such time as the order is voided by the court.
976          (d) On or after July 1, 1992, the department or any other
977    criminal justice agency is not required to act on an order to
978    seal entered by a court when such order does not comply with the
979    requirements of this section. Upon receipt of such an order, the
980    department must notify the issuing court, the appropriate state
981    attorney or statewide prosecutor, the petitioner or the
982    petitioner's attorney, and the arresting agency of the reason
983    for noncompliance. The appropriate state attorney or statewide
984    prosecutor shall take action within 60 days to correct the
985    record and petition the court to void the order. No cause of
986    action, including contempt of court, shall arise against any
987    criminal justice agency for failure to comply with an order to
988    seal when the petitioner for such order failed to obtain the
989    certificate of eligibility as required by this section or when
990    such order does not comply with the requirements of this
991    section.
992          (e) An order sealing a criminal history record pursuant to
993    this section does not require that such record be surrendered to
994    the court, and such record shall continue to be maintained by
995    the department and other criminal justice agencies.
996          (4) EFFECT OF CRIMINAL HISTORY RECORD SEALING.--A criminal
997    history record of a minor or an adult which is ordered sealed by
998    a court of competent jurisdiction pursuant to this section is
999    confidential and exempt from the provisions of s. 119.07(1) and
1000    s. 24(a), Art. I of the State Constitution and is available only
1001    to the person who is the subject of the record, to the subject's
1002    attorney, to criminal justice agencies for their respective
1003    criminal justice purposes, or to those entities set forth in
1004    subparagraphs (a)1., 4., 5., and 6. for their respective
1005    licensing and employment purposes.
1006          (a) The subject of a criminal history record sealed under
1007    this section or under other provisions of law, including former
1008    s. 893.14, former s. 901.33, and former s. 943.058, may lawfully
1009    deny or fail to acknowledge the arrests covered by the sealed
1010    record, except when the subject of the record:
1011          1. Is a candidate for employment with a criminal justice
1012    agency;
1013          2. Is a defendant in a criminal prosecution;
1014          3. Concurrently or subsequently petitions for relief under
1015    this section or s. 943.0585;
1016          4. Is a candidate for admission to The Florida Bar;
1017          5. Is seeking to be employed or licensed by or to contract
1018    with the Department of Children and Family Services or the
1019    Department of Juvenile Justice or to be employed or used by such
1020    contractor or licensee in a sensitive position having direct
1021    contact with children, the developmentally disabled, the aged,
1022    or the elderly as provided in s. 110.1127(3), s. 393.063(15), s.
1023    394.4572(1), s. 397.451, s. 402.302(3), s. 402.313(3), s.
1024    409.175(2)(i), s. 415.102(4), s. 415.103, s. 916.106(10) and
1025    (13),s. 985.407, or chapter 400; or
1026          6. Is seeking to be employed or licensed by the Office of
1027    Teacher Education, Certification, Staff Development, and
1028    Professional Practices of the Department of Education, any
1029    district school board, or any local governmental entity which
1030    licenses child care facilities.
1031          (b) Subject to the exceptions in paragraph (a), a person
1032    who has been granted a sealing under this section, former s.
1033    893.14, former s. 901.33, or former s. 943.058 may not be held
1034    under any provision of law of this state to commit perjury or to
1035    be otherwise liable for giving a false statement by reason of
1036    such person's failure to recite or acknowledge a sealed criminal
1037    history record.
1038          (c) Information relating to the existence of a sealed
1039    criminal record provided in accordance with the provisions of
1040    paragraph (a) is confidential and exempt from the provisions of
1041    s. 119.07(1) and s. 24(a), Art. I of the State Constitution,
1042    except that the department shall disclose the sealed criminal
1043    history record to the entities set forth in subparagraphs (a)1.,
1044    4., 5., and 6. for their respective licensing and employment
1045    purposes. It is unlawful for any employee of an entity set forth
1046    in subparagraph (a)1., subparagraph (a)4., subparagraph (a)5.,
1047    or subparagraph (a)6. to disclose information relating to the
1048    existence of a sealed criminal history record of a person
1049    seeking employment or licensure with such entity or contractor,
1050    except to the person to whom the criminal history record relates
1051    or to persons having direct responsibility for employment or
1052    licensure decisions. Any person who violates the provisions of
1053    this paragraph commits a misdemeanor of the first degree,
1054    punishable as provided in s. 775.082 or s. 775.083.
1055          (5) STATUTORY REFERENCES.--Any reference to any other
1056    chapter, section, or subdivision of the Florida Statutes in this
1057    section constitutes a general reference under the doctrine of
1058    incorporation by reference.
1059          Section 8. Paragraph (a) of subsection (2) of section
1060    400.215, Florida Statutes, is amended, and paragraphs (b) and
1061    (c) of subsection (2) and subsection (3) of said section are
1062    reenacted for the purpose of incorporating the amendments to
1063    sections 435.03 and 435.04, Florida Statutes, in references
1064    thereto, to read:
1065          400.215 Personnel screening requirement.--
1066          (2) Employers and employees shall comply with the
1067    requirements of s. 435.05.
1068          (a) Notwithstanding the provisions of s. 435.05(1),
1069    facilities must have in their possession evidence that level 1
1070    screening has been completed before allowing an employee to
1071    begin working with patients as provided in subsection (1). All
1072    information necessary for conducting background screening using
1073    level 1 standards as specified in s. 435.03(1)shall be
1074    submitted by the nursing facility to the agency. Results of the
1075    background screening shall be provided by the agency to the
1076    requesting nursing facility.
1077          (b) Employees qualified under the provisions of paragraph
1078    (a) who have not maintained continuous residency within the
1079    state for the 5 years immediately preceding the date of request
1080    for background screening must complete level 2 screening, as
1081    provided in chapter 435. Such employees may work in a
1082    conditional status up to 180 days pending the receipt of written
1083    findings evidencing the completion of level 2 screening. Level 2
1084    screening shall not be required of employees or prospective
1085    employees who attest in writing under penalty of perjury that
1086    they meet the residency requirement. Completion of level 2
1087    screening shall require the employee or prospective employee to
1088    furnish to the nursing facility a full set of fingerprints to
1089    enable a criminal background investigation to be conducted. The
1090    nursing facility shall submit the completed fingerprint card to
1091    the agency. The agency shall establish a record of the request
1092    in the database provided for in paragraph (c) and forward the
1093    request to the Department of Law Enforcement, which is
1094    authorized to submit the fingerprints to the Federal Bureau of
1095    Investigation for a national criminal history records check. The
1096    results of the national criminal history records check shall be
1097    returned to the agency, which shall maintain the results in the
1098    database provided for in paragraph (c). The agency shall notify
1099    the administrator of the requesting nursing facility or the
1100    administrator of any other facility licensed under chapter 393,
1101    chapter 394, chapter 395, chapter 397, or this chapter, as
1102    requested by such facility, as to whether or not the employee
1103    has qualified under level 1 or level 2 screening. An employee or
1104    prospective employee who has qualified under level 2 screening
1105    and has maintained such continuous residency within the state
1106    shall not be required to complete a subsequent level 2 screening
1107    as a condition of employment at another facility.
1108          (c) The agency shall establish and maintain a database of
1109    background screening information which shall include the results
1110    of both level 1 and level 2 screening. The Department of Law
1111    Enforcement shall timely provide to the agency, electronically,
1112    the results of each statewide screening for incorporation into
1113    the database. The agency shall, upon request from any facility,
1114    agency, or program required by or authorized by law to screen
1115    its employees or applicants, notify the administrator of the
1116    facility, agency, or program of the qualifying or disqualifying
1117    status of the employee or applicant named in the request.
1118          (3) The applicant is responsible for paying the fees
1119    associated with obtaining the required screening. Payment for
1120    the screening shall be submitted to the agency. The agency shall
1121    establish a schedule of fees to cover the costs of level 1 and
1122    level 2 screening. Facilities may reimburse employees for these
1123    costs. The Department of Law Enforcement shall charge the agency
1124    for a level 1 or level 2 screening a rate sufficient to cover
1125    the costs of such screening pursuant to s. 943.053(3). The
1126    agency shall, as allowable, reimburse nursing facilities for the
1127    cost of conducting background screening as required by this
1128    section. This reimbursement will not be subject to any rate
1129    ceilings or payment targets in the Medicaid Reimbursement plan.
1130          Section 9. For the purpose of incorporating the amendments
1131    to sections 435.03 and 435.04, Florida Statutes, in references
1132    thereto, subsections (1) and (2) of section 400.964, Florida
1133    Statutes, are reenacted, and subsection (7) of said section is
1134    amended and reenacted, to read:
1135          400.964 Personnel screening requirement.--
1136          (1) The agency shall require level 2 background screening
1137    as provided in chapter 435 for all employees or prospective
1138    employees of facilities licensed under this part who are
1139    expected to be, or whose responsibilities are such that they
1140    would be considered to be, a direct service provider.
1141          (2) Employers and employees shall comply with the
1142    requirements of chapter 435.
1143          (7) All employees must comply with the requirements of
1144    this section by October 1, 2000. A person employed by a facility
1145    licensed pursuant to this part as of the effective date of this
1146    act is not required to submit to rescreening if the facility has
1147    in its possession written evidence that the person has been
1148    screened and qualified according to level 1 standards as
1149    specified in s. 435.03(1). Any current employee who meets the
1150    level 1 requirement but does not meet the 5-year residency
1151    requirement must provide to the employing facility written
1152    attestation under penalty of perjury that the employee has not
1153    been convicted of a disqualifying offense in another state or
1154    jurisdiction. All applicants hired on or after October 1, 1999,
1155    must comply with the requirements of this section.
1156          Section 10. For the purpose of incorporating the amendment
1157    to section 435.04, Florida Statutes, in a reference thereto,
1158    paragraph (a) of subsection (1) of section 435.045, Florida
1159    Statutes, is amended and reenacted to read:
1160          435.045 Requirements for placement of dependent
1161    children.--
1162          (1)(a) Unless an election provided for in subsection (2)
1163    is made with respect to the state, the department is authorized
1164    to conduct criminal records checks equivalent to the level 2
1165    screening required in s. 435.04(1)for any person being
1166    considered by the department for placement of a child subject to
1167    a placement decision pursuant to chapter 39. Approval shall not
1168    be granted:
1169          1. In any case in which a record check reveals a felony
1170    conviction for child abuse, abandonment, or neglect; for spousal
1171    abuse; for a crime against children, including child
1172    pornography, or for a crime involving violence, including rape,
1173    sexual assault, or homicide but not including other physical
1174    assault or battery, if the department finds that a court of
1175    competent jurisdiction has determined that the felony was
1176    committed at any time; and
1177          2. In any case in which a record check reveals a felony
1178    conviction for physical assault, battery, or a drug-related
1179    offense, if the department finds that a court of competent
1180    jurisdiction has determined that the felony was committed within
1181    the past 5 years.
1182          Section 11. For the purpose of incorporating the amendment
1183    to sections 435.03 and 435.04, Florida Statutes, in references
1184    thereto, paragraphs (f) and (g) of subsection (1) of section
1185    400.414, Florida Statutes, are reenacted to read:
1186          400.414 Denial, revocation, or suspension of license;
1187    imposition of administrative fine; grounds.--
1188          (1) The agency may deny, revoke, or suspend any license
1189    issued under this part, or impose an administrative fine in the
1190    manner provided in chapter 120, for any of the following actions
1191    by an assisted living facility, for the actions of any person
1192    subject to level 2 background screening under s. 400.4174, or
1193    for the actions of any facility employee:
1194          (f) A determination that a person subject to level 2
1195    background screening under s. 400.4174(1) does not meet the
1196    screening standards of s. 435.04 or that the facility is
1197    retaining an employee subject to level 1 background screening
1198    standards under s. 400.4174(2) who does not meet the screening
1199    standards of s. 435.03 and for whom exemptions from
1200    disqualification have not been provided by the agency.
1201          (g) A determination that an employee, volunteer,
1202    administrator, or owner, or person who otherwise has access to
1203    the residents of a facility does not meet the criteria specified
1204    in s. 435.03(2), and the owner or administrator has not taken
1205    action to remove the person. Exemptions from disqualification
1206    may be granted as set forth in s. 435.07. No administrative
1207    action may be taken against the facility if the person is
1208    granted an exemption.
1209         
1210          Administrative proceedings challenging agency action under this
1211    subsection shall be reviewed on the basis of the facts and
1212    conditions that resulted in the agency action.
1213          Section 12. For the purpose of incorporating the amendment
1214    to sections 435.03 and 435.04, Florida Statutes, in references
1215    thereto, section 400.4174, Florida Statutes, is reenacted to
1216    read:
1217          400.4174 Background screening; exemptions.--
1218          (1)(a) Level 2 background screening must be conducted on
1219    each of the following persons, who shall be considered employees
1220    for the purposes of conducting screening under chapter 435:
1221          1. The facility owner if an individual, the administrator,
1222    and the financial officer.
1223          2. An officer or board member if the facility owner is a
1224    firm, corporation, partnership, or association, or any person
1225    owning 5 percent or more of the facility if the agency has
1226    probable cause to believe that such person has been convicted of
1227    any offense prohibited by s. 435.04. For each officer, board
1228    member, or person owning 5 percent or more who has been
1229    convicted of any such offense, the facility shall submit to the
1230    agency a description and explanation of the conviction at the
1231    time of license application. This subparagraph does not apply to
1232    a board member of a not-for-profit corporation or organization
1233    if the board member serves solely in a voluntary capacity, does
1234    not regularly take part in the day-to-day operational decisions
1235    of the corporation or organization, receives no remuneration for
1236    his or her services, and has no financial interest and has no
1237    family members with a financial interest in the corporation or
1238    organization, provided that the board member and facility submit
1239    a statement affirming that the board member's relationship to
1240    the facility satisfies the requirements of this subparagraph.
1241          (b) Proof of compliance with level 2 screening standards
1242    which has been submitted within the previous 5 years to meet any
1243    facility or professional licensure requirements of the agency or
1244    the Department of Health satisfies the requirements of this
1245    subsection, provided that such proof is accompanied, under
1246    penalty of perjury, by an affidavit of compliance with the
1247    provisions of chapter 435. Proof of compliance with the
1248    background screening requirements of the Financial Services
1249    Commission and the Office of Insurance Regulation for applicants
1250    for a certificate of authority to operate a continuing care
1251    retirement community under chapter 651, submitted within the
1252    last 5 years, satisfies the Department of Law Enforcement and
1253    Federal Bureau of Investigation portions of a level 2 background
1254    check.
1255          (c) The agency may grant a provisional license to a
1256    facility applying for an initial license when each individual
1257    required by this subsection to undergo screening has completed
1258    the Department of Law Enforcement background checks, but has not
1259    yet received results from the Federal Bureau of Investigation,
1260    or when a request for an exemption from disqualification has
1261    been submitted to the agency pursuant to s. 435.07, but a
1262    response has not been issued.
1263          (2) The owner or administrator of an assisted living
1264    facility must conduct level 1 background screening, as set forth
1265    in chapter 435, on all employees hired on or after October 1,
1266    1998, who perform personal services as defined in s.
1267    400.402(17). The agency may exempt an individual from employment
1268    disqualification as set forth in chapter 435. Such persons shall
1269    be considered as having met this requirement if:
1270          (a) Proof of compliance with level 1 screening
1271    requirements obtained to meet any professional license
1272    requirements in this state is provided and accompanied, under
1273    penalty of perjury, by a copy of the person's current
1274    professional license and an affidavit of current compliance with
1275    the background screening requirements.
1276          (b) The person required to be screened has been
1277    continuously employed in the same type of occupation for which
1278    the person is seeking employment without a breach in service
1279    which exceeds 180 days, and proof of compliance with the level 1
1280    screening requirement which is no more than 2 years old is
1281    provided. Proof of compliance shall be provided directly from
1282    one employer or contractor to another, and not from the person
1283    screened. Upon request, a copy of screening results shall be
1284    provided by the employer retaining documentation of the
1285    screening to the person screened.
1286          (c) The person required to be screened is employed by a
1287    corporation or business entity or related corporation or
1288    business entity that owns, operates, or manages more than one
1289    facility or agency licensed under this chapter, and for whom a
1290    level 1 screening was conducted by the corporation or business
1291    entity as a condition of initial or continued employment.
1292          Section 13. For the purpose of incorporating the amendment
1293    to sections 435.03 and 435.04, Florida Statutes, in references
1294    thereto, paragraphs (a), (b), (c), (d), (f), and (g) of
1295    subsection (4) of section 400.509, Florida Statutes, are
1296    reenacted to read:
1297          400.509 Registration of particular service providers
1298    exempt from licensure; certificate of registration; regulation
1299    of registrants.--
1300          (4) Each applicant for registration must comply with the
1301    following requirements:
1302          (a) Upon receipt of a completed, signed, and dated
1303    application, the agency shall require background screening, in
1304    accordance with the level 1 standards for screening set forth in
1305    chapter 435, of every individual who will have contact with the
1306    client. The agency shall require background screening of the
1307    managing employee or other similarly titled individual who is
1308    responsible for the operation of the entity, and of the
1309    financial officer or other similarly titled individual who is
1310    responsible for the financial operation of the entity, including
1311    billings for client services in accordance with the level 2
1312    standards for background screening as set forth in chapter 435.
1313          (b) The agency may require background screening of any
1314    other individual who is affiliated with the applicant if the
1315    agency has a reasonable basis for believing that he or she has
1316    been convicted of a crime or has committed any other offense
1317    prohibited under the level 2 standards for screening set forth
1318    in chapter 435.
1319          (c) Proof of compliance with the level 2 background
1320    screening requirements of chapter 435 which has been submitted
1321    within the previous 5 years in compliance with any other health
1322    care or assisted living licensure requirements of this state is
1323    acceptable in fulfillment of paragraph (a).
1324          (d) A provisional registration may be granted to an
1325    applicant when each individual required by this section to
1326    undergo background screening has met the standards for the
1327    abuse-registry background check through the agency and the
1328    Department of Law Enforcement background check, but the agency
1329    has not yet received background screening results from the
1330    Federal Bureau of Investigation. A standard registration may be
1331    granted to the applicant upon the agency's receipt of a report
1332    of the results of the Federal Bureau of Investigation background
1333    screening for each individual required by this section to
1334    undergo background screening which confirms that all standards
1335    have been met, or upon the granting of a disqualification
1336    exemption by the agency as set forth in chapter 435. Any other
1337    person who is required to undergo level 2 background screening
1338    may serve in his or her capacity pending the agency's receipt of
1339    the report from the Federal Bureau of Investigation. However,
1340    the person may not continue to serve if the report indicates any
1341    violation of background screening standards and if a
1342    disqualification exemption has not been requested of and granted
1343    by the agency as set forth in chapter 435.
1344          (f) Each applicant must submit to the agency a description
1345    and explanation of any conviction of an offense prohibited under
1346    the level 2 standards of chapter 435 which was committed by a
1347    member of the board of directors of the applicant, its officers,
1348    or any individual owning 5 percent or more of the applicant.
1349    This requirement does not apply to a director of a not-for-
1350    profit corporation or organization who serves solely in a
1351    voluntary capacity for the corporation or organization, does not
1352    regularly take part in the day-to-day operational decisions of
1353    the corporation or organization, receives no remuneration for
1354    his or her services on the corporation's or organization's board
1355    of directors, and has no financial interest and no family
1356    members having a financial interest in the corporation or
1357    organization, if the director and the not-for-profit corporation
1358    or organization include in the application a statement affirming
1359    that the director's relationship to the corporation satisfies
1360    the requirements of this paragraph.
1361          (g) A registration may not be granted to an applicant if
1362    the applicant or managing employee has been found guilty of,
1363    regardless of adjudication, or has entered a plea of nolo
1364    contendere or guilty to, any offense prohibited under the level
1365    2 standards for screening set forth in chapter 435, unless an
1366    exemption from disqualification has been granted by the agency
1367    as set forth in chapter 435.
1368          Section 14. For the purpose of incorporating the amendment
1369    to sections 435.03 and 435.04, Florida Statutes, in references
1370    thereto, paragraph (c) of subsection (2) of section 400.556,
1371    Florida Statutes, is reenacted to read:
1372          400.556 Denial, suspension, revocation of license;
1373    administrative fines; investigations and inspections.--
1374          (2) Each of the following actions by the owner of an adult
1375    day care center or by its operator or employee is a ground for
1376    action by the agency against the owner of the center or its
1377    operator or employee:
1378          (c) A failure of persons subject to level 2 background
1379    screening under s. 400.4174(1) to meet the screening standards
1380    of s. 435.04, or the retention by the center of an employee
1381    subject to level 1 background screening standards under s.
1382    400.4174(2) who does not meet the screening standards of s.
1383    435.03 and for whom exemptions from disqualification have not
1384    been provided by the agency.
1385          Section 15. For the purpose of incorporating the amendment
1386    to sections 435.03 and 435.04, Florida Statutes, in references
1387    thereto, subsections (1), (2), and (4) of section 400.6065,
1388    Florida Statutes, are reenacted to read:
1389          400.6065 Background screening.--
1390          (1) Upon receipt of a completed application under s.
1391    400.606, the agency shall require level 2 background screening
1392    on each of the following persons, who shall be considered
1393    employees for the purposes of conducting screening under chapter
1394    435:
1395          (a) The hospice administrator and financial officer.
1396          (b) An officer or board member if the hospice is a firm,
1397    corporation, partnership, or association, or any person owning 5
1398    percent or more of the hospice if the agency has probable cause
1399    to believe that such officer, board member, or owner has been
1400    convicted of any offense prohibited by s. 435.04. For each
1401    officer, board member, or person owning 5 percent or more who
1402    has been convicted of any such offense, the hospice shall submit
1403    to the agency a description and explanation of the conviction at
1404    the time of license application. This paragraph does not apply
1405    to a board member of a not-for-profit corporation or
1406    organization if the board member serves solely in a voluntary
1407    capacity, does not regularly take part in the day-to-day
1408    operational decisions of the corporation or organization,
1409    receives no remuneration for his or her services, and has no
1410    financial interest and has no family members with a financial
1411    interest in the corporation or organization, provided that the
1412    board member and the corporation or organization submit a
1413    statement affirming that the board member's relationship to the
1414    corporation or organization satisfies the requirements of this
1415    paragraph.
1416          (2) Proof of compliance with level 2 screening standards
1417    which has been submitted within the previous 5 years to meet any
1418    facility or professional licensure requirements of the agency or
1419    the Department of Health satisfies the requirements of this
1420    section.
1421          (4) The agency shall require employment or contractor
1422    screening as provided in chapter 435, using the level 1
1423    standards for screening set forth in that chapter, for hospice
1424    personnel.
1425          Section 16. For the purpose of incorporating the amendment
1426    to sections 435.03 and 435.04, Florida Statutes, in references
1427    thereto, paragraphs (a), (b), (c), (d), (f), and (g) of
1428    subsection (4) of section 400.980, Florida Statutes, are
1429    reenacted to read:
1430          400.980 Health care services pools.--
1431          (4) Each applicant for registration must comply with the
1432    following requirements:
1433          (a) Upon receipt of a completed, signed, and dated
1434    application, the agency shall require background screening, in
1435    accordance with the level 1 standards for screening set forth in
1436    chapter 435, of every individual who will have contact with
1437    patients. The agency shall require background screening of the
1438    managing employee or other similarly titled individual who is
1439    responsible for the operation of the entity, and of the
1440    financial officer or other similarly titled individual who is
1441    responsible for the financial operation of the entity, including
1442    billings for services in accordance with the level 2 standards
1443    for background screening as set forth in chapter 435.
1444          (b) The agency may require background screening of any
1445    other individual who is affiliated with the applicant if the
1446    agency has a reasonable basis for believing that he or she has
1447    been convicted of a crime or has committed any other offense
1448    prohibited under the level 2 standards for screening set forth
1449    in chapter 435.
1450          (c) Proof of compliance with the level 2 background
1451    screening requirements of chapter 435 which has been submitted
1452    within the previous 5 years in compliance with any other health
1453    care or assisted living licensure requirements of this state is
1454    acceptable in fulfillment of paragraph (a).
1455          (d) A provisional registration may be granted to an
1456    applicant when each individual required by this section to
1457    undergo background screening has met the standards for the
1458    Department of Law Enforcement background check but the agency
1459    has not yet received background screening results from the
1460    Federal Bureau of Investigation. A standard registration may be
1461    granted to the applicant upon the agency's receipt of a report
1462    of the results of the Federal Bureau of Investigation background
1463    screening for each individual required by this section to
1464    undergo background screening which confirms that all standards
1465    have been met, or upon the granting of a disqualification
1466    exemption by the agency as set forth in chapter 435. Any other
1467    person who is required to undergo level 2 background screening
1468    may serve in his or her capacity pending the agency's receipt of
1469    the report from the Federal Bureau of Investigation. However,
1470    the person may not continue to serve if the report indicates any
1471    violation of background screening standards and if a
1472    disqualification exemption has not been requested of and granted
1473    by the agency as set forth in chapter 435.
1474          (f) Each applicant must submit to the agency a description
1475    and explanation of any conviction of an offense prohibited under
1476    the level 2 standards of chapter 435 which was committed by a
1477    member of the board of directors of the applicant, its officers,
1478    or any individual owning 5 percent or more of the applicant.
1479    This requirement does not apply to a director of a not-for-
1480    profit corporation or organization who serves solely in a
1481    voluntary capacity for the corporation or organization, does not
1482    regularly take part in the day-to-day operational decisions of
1483    the corporation or organization, receives no remuneration for
1484    his or her services on the corporation's or organization's board
1485    of directors, and has no financial interest and no family
1486    members having a financial interest in the corporation or
1487    organization, if the director and the not-for-profit corporation
1488    or organization include in the application a statement affirming
1489    that the director's relationship to the corporation satisfies
1490    the requirements of this paragraph.
1491          (g) A registration may not be granted to an applicant if
1492    the applicant or managing employee has been found guilty of,
1493    regardless of adjudication, or has entered a plea of nolo
1494    contendere or guilty to, any offense prohibited under the level
1495    2 standards for screening set forth in chapter 435, unless an
1496    exemption from disqualification has been granted by the agency
1497    as set forth in chapter 435.
1498          Section 17. For the purpose of incorporating the amendment
1499    to sections 435.03 and 435.04, Florida Statutes, in references
1500    thereto, paragraph (k) of subsection (2) of section 409.175,
1501    Florida Statutes, is reenacted to read:
1502          409.175 Licensure of family foster homes, residential
1503    child-caring agencies, and child-placing agencies; public
1504    records exemption.--
1505          (2) As used in this section, the term:
1506          (k) "Screening" means the act of assessing the background
1507    of personnel and includes, but is not limited to, employment
1508    history checks as provided in chapter 435, using the level 2
1509    standards for screening set forth in that chapter. Screening for
1510    employees and volunteers in summer day camps and summer 24-hour
1511    camps and screening for all volunteers included under the
1512    definition of "personnel" shall be conducted as provided in
1513    chapter 435, using the level 1 standards set forth in that
1514    chapter.
1515          Section 18. For the purpose of incorporating the amendment
1516    to sections 435.03 and 435.04, Florida Statutes, in references
1517    thereto, paragraph (d) of subsection (8) of section 409.907,
1518    Florida Statutes, is reenacted to read:
1519          409.907 Medicaid provider agreements.--The agency may make
1520    payments for medical assistance and related services rendered to
1521    Medicaid recipients only to an individual or entity who has a
1522    provider agreement in effect with the agency, who is performing
1523    services or supplying goods in accordance with federal, state,
1524    and local law, and who agrees that no person shall, on the
1525    grounds of handicap, race, color, or national origin, or for any
1526    other reason, be subjected to discrimination under any program
1527    or activity for which the provider receives payment from the
1528    agency.
1529          (8)
1530          (d) Proof of compliance with the requirements of level 2
1531    screening under s. 435.04 conducted within 12 months prior to
1532    the date that the Medicaid provider application is submitted to
1533    the agency shall fulfill the requirements of this subsection.
1534    Proof of compliance with the requirements of level 1 screening
1535    under s. 435.03 conducted within 12 months prior to the date
1536    that the Medicaid provider application is submitted to the
1537    agency shall meet the requirement that the Department of Law
1538    Enforcement conduct a state criminal history record check.
1539          Section 19. For the purpose of incorporating the amendment
1540    to sections 435.03 and 435.04, Florida Statutes, in references
1541    thereto, subsections (1) and (3) of section 435.05, Florida
1542    Statutes, are reenacted to read:
1543          435.05 Requirements for covered employees.--Except as
1544    otherwise provided by law, the following requirements shall
1545    apply to covered employees:
1546          (1)(a) Every person employed in a position for which
1547    employment screening is required must, within 5 working days
1548    after starting to work, submit to the employer a complete set of
1549    information necessary to conduct a screening under this section.
1550          (b) For level 1 screening, the employer must submit the
1551    information necessary for screening to the Florida Department of
1552    Law Enforcement within 5 working days after receiving it. The
1553    Florida Department of Law Enforcement will conduct a search of
1554    its records and will respond to the employer agency. The
1555    employer will inform the employee whether screening has revealed
1556    any disqualifying information.
1557          (c) For level 2 screening, the employer or licensing
1558    agency must submit the information necessary for screening to
1559    the Florida Department of Law Enforcement within 5 working days
1560    after receiving it. The Florida Department of Law Enforcement
1561    will conduct a search of its criminal and juvenile records and
1562    will request that the Federal Bureau of Investigation conduct a
1563    search of its records for each employee for whom the request is
1564    made. The Florida Department of Law Enforcement will respond to
1565    the employer or licensing agency, and the employer or licensing
1566    agency will inform the employee whether screening has revealed
1567    disqualifying information.
1568          (d) The person whose background is being checked must
1569    supply any missing criminal or other necessary information to
1570    the employer within 30 days after the employer makes a request
1571    for the information or be subject to automatic disqualification.
1572          (3) Each employer required to conduct level 2 background
1573    screening must sign an affidavit annually, under penalty of
1574    perjury, stating that all covered employees have been screened
1575    or are newly hired and are awaiting the results of the required
1576    screening checks.
1577          Section 20. For the purpose of incorporating the amendment
1578    to sections 435.03 and 435.04, Florida Statutes, in references
1579    thereto, section 744.3135, Florida Statutes, as amended by
1580    chapter 2003-402, Laws of Florida, is reenacted to read:
1581          744.3135 Credit and criminal investigation.—The court may
1582    require a nonprofessional guardian and shall require a
1583    professional or public guardian, and all employees of a
1584    professional guardian who have a fiduciary responsibility to a
1585    ward, to submit, at their own expense, to an investigation of
1586    the guardian's credit history and to undergo level 2 background
1587    screening as required under s. 435.04. The clerk of the court
1588    shall obtain fingerprint cards from the Federal Bureau of
1589    Investigation and make them available to guardians. Any guardian
1590    who is so required shall have his or her fingerprints taken and
1591    forward the proper fingerprint card along with the necessary fee
1592    to the Florida Department of Law Enforcement for processing. The
1593    professional guardian shall pay to the clerk of the court a fee
1594    of up to $7.50 for handling and processing professional guardian
1595    files. The results of the fingerprint checks shall be forwarded
1596    to the clerk of court who shall maintain the results in a
1597    guardian file and shall make the results available to the court.
1598    If credit or criminal investigations are required, the court
1599    must consider the results of the investigations in appointing a
1600    guardian. Professional guardians and all employees of a
1601    professional guardian who have a fiduciary responsibility to a
1602    ward, so appointed, must resubmit, at their own expense, to an
1603    investigation of credit history, and undergo level 1 background
1604    screening as required under s. 435.03, at least every 2 years
1605    after the date of their appointment. At any time, the court may
1606    require guardians or their employees to submit to an
1607    investigation of credit history and undergo level 1 background
1608    screening as required under s. 435.03. The court must consider
1609    the results of these investigations in reappointing a guardian.
1610    This section shall not apply to a professional guardian, or to
1611    the employees of a professional guardian, that is a trust
1612    company, a state banking corporation or state savings
1613    association authorized and qualified to exercise fiduciary
1614    powers in this state, or a national banking association or
1615    federal savings and loan association authorized and qualified to
1616    exercise fiduciary powers in this state
1617          Section 21. For the purpose of incorporating the amendment
1618    to sections 435.03 and 435.04, Florida Statutes, in references
1619    thereto, subsection (2) of section 985.04, Florida Statutes, is
1620    reenacted to read:
1621          985.04 Oaths; records; confidential information.--
1622          (2) Records maintained by the Department of Juvenile
1623    Justice, including copies of records maintained by the court,
1624    which pertain to a child found to have committed a delinquent
1625    act which, if committed by an adult, would be a crime specified
1626    in ss. 435.03 and 435.04 may not be destroyed pursuant to this
1627    section for a period of 25 years after the youth's final
1628    referral to the department, except in cases of the death of the
1629    child. Such records, however, shall be sealed by the court for
1630    use only in meeting the screening requirements for personnel in
1631    s. 402.3055 and the other sections cited above, or pursuant to
1632    departmental rule; however, current criminal history information
1633    must be obtained from the Department of Law Enforcement in
1634    accordance with s. 943.053. The information shall be released to
1635    those persons specified in the above cited sections for the
1636    purposes of complying with those sections. The court may punish
1637    by contempt any person who releases or uses the records for any
1638    unauthorized purpose.
1639          Section 22. For the purpose of incorporating the amendment
1640    to section 435.03, Florida Statutes, in references thereto,
1641    section 400.512, Florida Statutes, is reenacted to read:
1642          400.512 Screening of home health agency personnel; nurse
1643    registry personnel; and companions and homemakers.--The agency
1644    shall require employment or contractor screening as provided in
1645    chapter 435, using the level 1 standards for screening set forth
1646    in that chapter, for home health agency personnel; persons
1647    referred for employment by nurse registries; and persons
1648    employed by companion or homemaker services registered under s.
1649    400.509.
1650          (1)(a) The Agency for Health Care Administration may, upon
1651    request, grant exemptions from disqualification from employment
1652    or contracting under this section as provided in s. 435.07,
1653    except for health care practitioners licensed by the Department
1654    of Health or a regulatory board within that department.
1655          (b) The appropriate regulatory board within the Department
1656    of Health, or that department itself when there is no board,
1657    may, upon request of the licensed health care practitioner,
1658    grant exemptions from disqualification from employment or
1659    contracting under this section as provided in s. 435.07.
1660          (2) The administrator of each home health agency, the
1661    managing employee of each nurse registry, and the managing
1662    employee of each companion or homemaker service registered under
1663    s. 400.509 must sign an affidavit annually, under penalty of
1664    perjury, stating that all personnel hired, contracted with, or
1665    registered on or after October 1, 1994, who enter the home of a
1666    patient or client in their service capacity have been screened
1667    and that its remaining personnel have worked for the home health
1668    agency or registrant continuously since before October 1, 1994.
1669          (3) As a prerequisite to operating as a home health
1670    agency, nurse registry, or companion or homemaker service under
1671    s. 400.509, the administrator or managing employee,
1672    respectively, must submit to the agency his or her name and any
1673    other information necessary to conduct a complete screening
1674    according to this section. The agency shall submit the
1675    information to the Department of Law Enforcement for state
1676    processing. The agency shall review the record of the
1677    administrator or manager with respect to the offenses specified
1678    in this section and shall notify the owner of its findings. If
1679    disposition information is missing on a criminal record, the
1680    administrator or manager, upon request of the agency, must
1681    obtain and supply within 30 days the missing disposition
1682    information to the agency. Failure to supply missing information
1683    within 30 days or to show reasonable efforts to obtain such
1684    information will result in automatic disqualification.
1685          (4) Proof of compliance with the screening requirements of
1686    chapter 435 shall be accepted in lieu of the requirements of
1687    this section if the person has been continuously employed or
1688    registered without a breach in service that exceeds 180 days,
1689    the proof of compliance is not more than 2 years old, and the
1690    person has been screened by the Department of Law Enforcement. A
1691    home health agency, nurse registry, or companion or homemaker
1692    service registered under s. 400.509 shall directly provide proof
1693    of compliance to another home health agency, nurse registry, or
1694    companion or homemaker service registered under s. 400.509. The
1695    recipient home health agency, nurse registry, or companion or
1696    homemaker service registered under s. 400.509 may not accept any
1697    proof of compliance directly from the person who requires
1698    screening. Proof of compliance with the screening requirements
1699    of this section shall be provided upon request to the person
1700    screened by the home health agencies; nurse registries; or
1701    companion or homemaker services registered under s. 400.509.
1702          (5) There is no monetary liability on the part of, and no
1703    cause of action for damages arises against, a licensed home
1704    health agency, licensed nurse registry, or companion or
1705    homemaker service registered under s. 400.509, that, upon notice
1706    that the employee or contractor has been found guilty of,
1707    regardless of adjudication, or entered a plea of nolo contendere
1708    or guilty to, any offense prohibited under s. 435.03 or under
1709    any similar statute of another jurisdiction, terminates the
1710    employee or contractor, whether or not the employee or
1711    contractor has filed for an exemption with the agency in
1712    accordance with chapter 435 and whether or not the time for
1713    filing has expired.
1714          (6) The costs of processing the statewide correspondence
1715    criminal records checks must be borne by the home health agency;
1716    the nurse registry; or the companion or homemaker service
1717    registered under s. 400.509, or by the person being screened, at
1718    the discretion of the home health agency, nurse registry, or s.
1719    400.509 registrant.
1720          (7)(a) It is a misdemeanor of the first degree, punishable
1721    under s. 775.082 or s. 775.083, for any person willfully,
1722    knowingly, or intentionally to:
1723          1. Fail, by false statement, misrepresentation,
1724    impersonation, or other fraudulent means, to disclose in any
1725    application for voluntary or paid employment a material fact
1726    used in making a determination as to such person's
1727    qualifications to be an employee under this section;
1728          2. Operate or attempt to operate an entity licensed or
1729    registered under this part with persons who do not meet the
1730    minimum standards for good moral character as contained in this
1731    section; or
1732          3. Use information from the criminal records obtained
1733    under this section for any purpose other than screening that
1734    person for employment as specified in this section or release
1735    such information to any other person for any purpose other than
1736    screening for employment under this section.
1737          (b) It is a felony of the third degree, punishable under
1738    s. 775.082, s. 775.083, or s. 775.084, for any person willfully,
1739    knowingly, or intentionally to use information from the juvenile
1740    records of a person obtained under this section for any purpose
1741    other than screening for employment under this section.
1742          Section 23. For the purpose of incorporating the amendment
1743    to section 435.03, Florida Statutes, in references thereto,
1744    subsection (4) of section 400.619, Florida Statutes, is
1745    reenacted to read:
1746          400.619 Licensure application and renewal.--
1747          (4) Upon receipt of a completed license application or
1748    license renewal, and the fee, the agency shall initiate a level
1749    1 background screening as provided under chapter 435 on the
1750    adult family-care home provider, the designated relief person,
1751    all adult household members, and all staff members. The agency
1752    shall conduct an onsite visit to the home that is to be
1753    licensed.
1754          (a) Proof of compliance with level 1 screening standards
1755    which has been submitted within the previous 5 years to meet any
1756    facility or professional licensure requirements of the agency or
1757    the Department of Health satisfies the requirements of this
1758    subsection. Such proof must be accompanied, under penalty of
1759    perjury, by a copy of the person's current professional license
1760    and an affidavit of current compliance with the background
1761    screening requirements.
1762          (b) The person required to be screened must have been
1763    continuously employed in the same type of occupation for which
1764    the person is seeking employment without a breach in service
1765    that exceeds 180 days, and proof of compliance with the level 1
1766    screening requirement which is no more than 2 years old must be
1767    provided. Proof of compliance shall be provided directly from
1768    one employer or contractor to another, and not from the person
1769    screened. Upon request, a copy of screening results shall be
1770    provided to the person screened by the employer retaining
1771    documentation of the screening.
1772          Section 24. For the purpose of incorporating the amendment
1773    to section 435.03, Florida Statutes, in references thereto,
1774    subsection (1) of section 400.6194, Florida Statutes, is
1775    reenacted to read:
1776          400.6194 Denial, revocation, or suspension of a
1777    license.--The agency may deny, suspend, or revoke a license for
1778    any of the following reasons:
1779          (1) Failure of any of the persons required to undergo
1780    background screening under s. 400.619 to meet the level 1
1781    screening standards of s. 435.03, unless an exemption from
1782    disqualification has been provided by the agency.
1783          Section 25. For the purpose of incorporating the amendment
1784    to section 435.03, Florida Statutes, in references thereto,
1785    section 400.953, Florida Statutes, is reenacted to read:
1786          400.953 Background screening of home medical equipment
1787    provider personnel.--The agency shall require employment
1788    screening as provided in chapter 435, using the level 1
1789    standards for screening set forth in that chapter, for home
1790    medical equipment provider personnel.
1791          (1) The agency may grant exemptions from disqualification
1792    from employment under this section as provided in s. 435.07.
1793          (2) The general manager of each home medical equipment
1794    provider must sign an affidavit annually, under penalty of
1795    perjury, stating that all home medical equipment provider
1796    personnel hired on or after July 1, 1999, who enter the home of
1797    a patient in the capacity of their employment have been screened
1798    and that its remaining personnel have worked for the home
1799    medical equipment provider continuously since before July 1,
1800    1999.
1801          (3) Proof of compliance with the screening requirements of
1802    s. 110.1127, s. 393.0655, s. 394.4572, s. 397.451, s. 402.305,
1803    s. 402.313, s. 409.175, s. 464.008, or s. 985.407 or this part
1804    must be accepted in lieu of the requirements of this section if
1805    the person has been continuously employed in the same type of
1806    occupation for which he or she is seeking employment without a
1807    breach in service that exceeds 180 days, the proof of compliance
1808    is not more than 2 years old, and the person has been screened
1809    by the Department of Law Enforcement. An employer or contractor
1810    shall directly provide proof of compliance to another employer
1811    or contractor, and a potential employer or contractor may not
1812    accept any proof of compliance directly from the person
1813    requiring screening. Proof of compliance with the screening
1814    requirements of this section shall be provided, upon request, to
1815    the person screened by the home medical equipment provider.
1816          (4) There is no monetary liability on the part of, and no
1817    cause of action for damages arising against, a licensed home
1818    medical equipment provider that, upon notice that an employee
1819    has been found guilty of, regardless of adjudication, or entered
1820    a plea of nolo contendere or guilty to, any offense prohibited
1821    under s. 435.03 or under any similar statute of another
1822    jurisdiction, terminates the employee, whether or not the
1823    employee has filed for an exemption with the agency and whether
1824    or not the time for filing has expired.
1825          (5) The costs of processing the statewide correspondence
1826    criminal records checks must be borne by the home medical
1827    equipment provider or by the person being screened, at the
1828    discretion of the home medical equipment provider.
1829          (6) Neither the agency nor the home medical equipment
1830    provider may use the criminal records or juvenile records of a
1831    person for any purpose other than determining whether that
1832    person meets minimum standards of good moral character for home
1833    medical equipment provider personnel.
1834          (7)(a) It is a misdemeanor of the first degree, punishable
1835    as provided in s. 775.082 or s. 775.083, for any person
1836    willfully, knowingly, or intentionally to:
1837          1. Fail, by false statement, misrepresentation,
1838    impersonation, or other fraudulent means, to disclose in any
1839    application for paid employment a material fact used in making a
1840    determination as to the person's qualifications to be an
1841    employee under this section;
1842          2. Operate or attempt to operate an entity licensed under
1843    this part with persons who do not meet the minimum standards for
1844    good moral character as contained in this section; or
1845          3. Use information from the criminal records obtained
1846    under this section for any purpose other than screening that
1847    person for employment as specified in this section, or release
1848    such information to any other person for any purpose other than
1849    screening for employment under this section.
1850          (b) It is a felony of the third degree, punishable as
1851    provided in s. 775.082, s. 775.083, or s. 775.084, for any
1852    person willfully, knowingly, or intentionally to use information
1853    from the juvenile records of a person obtained under this
1854    section for any purpose other than screening for employment
1855    under this section.
1856          Section 26. For the purpose of incorporating the amendment
1857    to section 435.03, Florida Statutes, in references thereto,
1858    subsection (32) of section 409.912, Florida Statutes, is
1859    reenacted to read:
1860          409.912 Cost-effective purchasing of health care.--The
1861    agency shall purchase goods and services for Medicaid recipients
1862    in the most cost-effective manner consistent with the delivery
1863    of quality medical care. The agency shall maximize the use of
1864    prepaid per capita and prepaid aggregate fixed-sum basis
1865    services when appropriate and other alternative service delivery
1866    and reimbursement methodologies, including competitive bidding
1867    pursuant to s. 287.057, designed to facilitate the cost-
1868    effective purchase of a case-managed continuum of care. The
1869    agency shall also require providers to minimize the exposure of
1870    recipients to the need for acute inpatient, custodial, and other
1871    institutional care and the inappropriate or unnecessary use of
1872    high-cost services. The agency may establish prior authorization
1873    requirements for certain populations of Medicaid beneficiaries,
1874    certain drug classes, or particular drugs to prevent fraud,
1875    abuse, overuse, and possible dangerous drug interactions. The
1876    Pharmaceutical and Therapeutics Committee shall make
1877    recommendations to the agency on drugs for which prior
1878    authorization is required. The agency shall inform the
1879    Pharmaceutical and Therapeutics Committee of its decisions
1880    regarding drugs subject to prior authorization.
1881          (32) Each managed care plan that is under contract with
1882    the agency to provide health care services to Medicaid
1883    recipients shall annually conduct a background check with the
1884    Florida Department of Law Enforcement of all persons with
1885    ownership interest of 5 percent or more or executive management
1886    responsibility for the managed care plan and shall submit to the
1887    agency information concerning any such person who has been found
1888    guilty of, regardless of adjudication, or has entered a plea of
1889    nolo contendere or guilty to, any of the offenses listed in s.
1890    435.03.
1891          Section 27. For the purpose of incorporating the amendment
1892    to section 435.03, Florida Statutes, in references thereto,
1893    subsection (4) of section 435.07, Florida Statutes, is reenacted
1894    to read:
1895          435.07 Exemptions from disqualification.--Unless otherwise
1896    provided by law, the provisions of this section shall apply to
1897    exemptions from disqualification.
1898          (4) Disqualification from employment under subsection (1)
1899    may not be removed from, nor may an exemption be granted to, any
1900    personnel who is found guilty of, regardless of adjudication, or
1901    who has entered a plea of nolo contendere or guilty to, any
1902    felony covered by s. 435.03 solely by reason of any pardon,
1903    executive clemency, or restoration of civil rights.
1904          Section 28. For the purpose of incorporating the amendment
1905    to section 435.03, Florida Statutes, in references thereto,
1906    paragraph (e) of subsection (1) of section 464.018, Florida
1907    Statutes, is reenacted to read:
1908          464.018 Disciplinary actions.--
1909          (1) The following acts constitute grounds for denial of a
1910    license or disciplinary action, as specified in s. 456.072(2):
1911          (e) Having been found guilty of, regardless of
1912    adjudication, or entered a plea of nolo contendere or guilty to,
1913    any offense prohibited under s. 435.03 or under any similar
1914    statute of another jurisdiction; or having committed an act
1915    which constitutes domestic violence as defined in s. 741.28.
1916          Section 29. For the purpose of incorporating the amendment
1917    to section 435.03, Florida Statutes, in references thereto,
1918    subsection (3) of section 744.309, Florida Statutes, is
1919    reenacted to read:
1920          744.309 Who may be appointed guardian of a resident
1921    ward.--
1922          (3) DISQUALIFIED PERSONS.--No person who has been
1923    convicted of a felony or who, from any incapacity or illness, is
1924    incapable of discharging the duties of a guardian, or who is
1925    otherwise unsuitable to perform the duties of a guardian, shall
1926    be appointed to act as guardian. Further, no person who has been
1927    judicially determined to have committed abuse, abandonment, or
1928    neglect against a child as defined in s. 39.01 or s. 984.03(1),
1929    (2), and (37), or who has been found guilty of, regardless of
1930    adjudication, or entered a plea of nolo contendere or guilty to,
1931    any offense prohibited under s. 435.03 or under any similar
1932    statute of another jurisdiction, shall be appointed to act as a
1933    guardian. Except as provided in subsection (5) or subsection
1934    (6), a person who provides substantial services to the proposed
1935    ward in a professional or business capacity, or a creditor of
1936    the proposed ward, may not be appointed guardian and retain that
1937    previous professional or business relationship. A person may not
1938    be appointed a guardian if he or she is in the employ of any
1939    person, agency, government, or corporation that provides service
1940    to the proposed ward in a professional or business capacity,
1941    except that a person so employed may be appointed if he or she
1942    is the spouse, adult child, parent, or sibling of the proposed
1943    ward or the court determines that the potential conflict of
1944    interest is insubstantial and that the appointment would clearly
1945    be in the proposed ward's best interest. The court may not
1946    appoint a guardian in any other circumstance in which a conflict
1947    of interest may occur.
1948          Section 30. For the purpose of incorporating the amendment
1949    to section 435.03, Florida Statutes, in references thereto,
1950    subsection (12) of section 744.474, Florida Statutes, is
1951    reenacted to read:
1952          744.474 Reasons for removal of guardian.--A guardian may
1953    be removed for any of the following reasons, and the removal
1954    shall be in addition to any other penalties prescribed by law:
1955          (12) Having been found guilty of, regardless of
1956    adjudication, or entered a plea of nolo contendere or guilty to,
1957    any offense prohibited under s. 435.03 or under any similar
1958    statute of another jurisdiction.
1959          Section 31. For the purpose of incorporating the amendment
1960    to section 435.03, Florida Statutes, in references thereto,
1961    subsection (4) of section 985.407, Florida Statutes, is
1962    reenacted to read:
1963          985.407 Departmental contracting powers; personnel
1964    standards and screening.--
1965          (4) The department shall require employment screening
1966    pursuant to chapter 435, using the level 1 standards for
1967    screening set forth in that chapter, for personnel in
1968    delinquency facilities, services, and programs.
1969          Section 32. For the purpose of incorporating the amendment
1970    to section 435.04, Florida Statutes, in references thereto,
1971    paragraph (b) of subsection (2) of section 39.001, Florida
1972    Statutes, is reenacted to read:
1973          39.001 Purposes and intent; personnel standards and
1974    screening.--
1975          (2) DEPARTMENT CONTRACTS.--The department may contract
1976    with the Federal Government, other state departments and
1977    agencies, county and municipal governments and agencies, public
1978    and private agencies, and private individuals and corporations
1979    in carrying out the purposes of, and the responsibilities
1980    established in, this chapter.
1981          (b) The department shall require employment screening, and
1982    rescreening no less frequently than once every 5 years, pursuant
1983    to chapter 435, using the level 2 standards set forth in that
1984    chapter for personnel in programs for children or youths.
1985          Section 33. For the purpose of incorporating the amendment
1986    to section 435.04, Florida Statutes, in references thereto,
1987    subsection (1) of section 39.821, Florida Statutes, is reenacted
1988    to read:
1989          39.821 Qualifications of guardians ad litem.--
1990          (1) Because of the special trust or responsibility placed
1991    in a guardian ad litem, the Guardian Ad Litem Program may use
1992    any private funds collected by the program, or any state funds
1993    so designated, to conduct a security background investigation
1994    before certifying a volunteer to serve. A security background
1995    investigation must include, but need not be limited to,
1996    employment history checks, checks of references, local criminal
1997    records checks through local law enforcement agencies, and
1998    statewide criminal records checks through the Department of Law
1999    Enforcement. Upon request, an employer shall furnish a copy of
2000    the personnel record for the employee or former employee who is
2001    the subject of a security background investigation conducted
2002    under this section. The information contained in the personnel
2003    record may include, but need not be limited to, disciplinary
2004    matters and the reason why the employee was terminated from
2005    employment. An employer who releases a personnel record for
2006    purposes of a security background investigation is presumed to
2007    have acted in good faith and is not liable for information
2008    contained in the record without a showing that the employer
2009    maliciously falsified the record. A security background
2010    investigation conducted under this section must ensure that a
2011    person is not certified as a guardian ad litem if the person has
2012    been convicted of, regardless of adjudication, or entered a plea
2013    of nolo contendere or guilty to, any offense prohibited under
2014    the provisions of the Florida Statutes specified in s. 435.04(2)
2015    or under any similar law in another jurisdiction. Before
2016    certifying an applicant to serve as a guardian ad litem, the
2017    chief judge of the circuit court may request a federal criminal
2018    records check of the applicant through the Federal Bureau of
2019    Investigation. In analyzing and evaluating the information
2020    obtained in the security background investigation, the program
2021    must give particular emphasis to past activities involving
2022    children, including, but not limited to, child-related criminal
2023    offenses or child abuse. The program has the sole discretion in
2024    determining whether to certify a person based on his or her
2025    security background investigation. The information collected
2026    pursuant to the security background investigation is
2027    confidential and exempt from s. 119.07(1).
2028          Section 34. For the purpose of incorporating the amendment
2029    to section 435.04, Florida Statutes, in references thereto,
2030    paragraphs (a) and (c) of subsection (3) of section 110.1127,
2031    Florida Statutes, are reenacted to read:
2032          110.1127 Employee security checks.--
2033          (3)(a) All positions in programs providing care to
2034    children, the developmentally disabled, or vulnerable adults for
2035    15 hours or more per week; all permanent and temporary employee
2036    positions of the central abuse hotline; and all persons working
2037    under contract who have access to abuse records are deemed to be
2038    persons and positions of special trust or responsibility, and
2039    require employment screening pursuant to chapter 435, using the
2040    level 2 standards set forth in that chapter.
2041          (c) All persons and employees in such positions of trust
2042    or responsibility shall be required to undergo security
2043    background investigations as a condition of employment and
2044    continued employment. For the purposes of this subsection,
2045    security background investigations shall be conducted as
2046    provided in chapter 435, using the level 2 standards for
2047    screening set forth in that chapter.
2048          Section 35. For the purpose of incorporating the amendment
2049    to section 435.04, Florida Statutes, in references thereto,
2050    paragraph (a) of subsection (12) of section 112.0455, Florida
2051    Statutes, is reenacted to read:
2052          112.0455 Drug-Free Workplace Act.--
2053          (12) DRUG-TESTING STANDARDS; LABORATORIES.--
2054          (a) A laboratory may analyze initial or confirmation drug
2055    specimens only if:
2056          1. The laboratory is licensed and approved by the Agency
2057    for Health Care Administration using criteria established by the
2058    United States Department of Health and Human Services as general
2059    guidelines for modeling the state drug testing program. Each
2060    applicant for licensure must comply with the following
2061    requirements:
2062          a. Upon receipt of a completed, signed, and dated
2063    application, the agency shall require background screening, in
2064    accordance with the level 2 standards for screening set forth in
2065    chapter 435, of the managing employee, or other similarly titled
2066    individual responsible for the daily operation of the
2067    laboratory, and of the financial officer, or other similarly
2068    titled individual who is responsible for the financial operation
2069    of the laboratory, including billings for services. The
2070    applicant must comply with the procedures for level 2 background
2071    screening as set forth in chapter 435, as well as the
2072    requirements of s. 435.03(3).
2073          b. The agency may require background screening of any
2074    other individual who is an applicant if the agency has probable
2075    cause to believe that he or she has been convicted of an offense
2076    prohibited under the level 2 standards for screening set forth
2077    in chapter 435.
2078          c. Proof of compliance with the level 2 background
2079    screening requirements of chapter 435 which has been submitted
2080    within the previous 5 years in compliance with any other health
2081    care licensure requirements of this state is acceptable in
2082    fulfillment of screening requirements.
2083          d. A provisional license may be granted to an applicant
2084    when each individual required by this section to undergo
2085    background screening has met the standards for the Department of
2086    Law Enforcement background check, but the agency has not yet
2087    received background screening results from the Federal Bureau of
2088    Investigation, or a request for a disqualification exemption has
2089    been submitted to the agency as set forth in chapter 435, but a
2090    response has not yet been issued. A license may be granted to
2091    the applicant upon the agency's receipt of a report of the
2092    results of the Federal Bureau of Investigation background
2093    screening for each individual required by this section to
2094    undergo background screening which confirms that all standards
2095    have been met, or upon the granting of a disqualification
2096    exemption by the agency as set forth in chapter 435. Any other
2097    person who is required to undergo level 2 background screening
2098    may serve in his or her capacity pending the agency's receipt of
2099    the report from the Federal Bureau of Investigation. However,
2100    the person may not continue to serve if the report indicates any
2101    violation of background screening standards and a
2102    disqualification exemption has not been requested of and granted
2103    by the agency as set forth in chapter 435.
2104          e. Each applicant must submit to the agency, with its
2105    application, a description and explanation of any exclusions,
2106    permanent suspensions, or terminations of the applicant from the
2107    Medicare or Medicaid programs. Proof of compliance with the
2108    requirements for disclosure of ownership and control interests
2109    under the Medicaid or Medicare programs shall be accepted in
2110    lieu of this submission.
2111          f. Each applicant must submit to the agency a description
2112    and explanation of any conviction of an offense prohibited under
2113    the level 2 standards of chapter 435 by a member of the board of
2114    directors of the applicant, its officers, or any individual
2115    owning 5 percent or more of the applicant. This requirement does
2116    not apply to a director of a not-for-profit corporation or
2117    organization if the director serves solely in a voluntary
2118    capacity for the corporation or organization, does not regularly
2119    take part in the day-to-day operational decisions of the
2120    corporation or organization, receives no remuneration for his or
2121    her services on the corporation or organization's board of
2122    directors, and has no financial interest and has no family
2123    members with a financial interest in the corporation or
2124    organization, provided that the director and the not-for-profit
2125    corporation or organization include in the application a
2126    statement affirming that the director's relationship to the
2127    corporation satisfies the requirements of this sub-subparagraph.
2128          g. A license may not be granted to any applicant if the
2129    applicant or managing employee has been found guilty of,
2130    regardless of adjudication, or has entered a plea of nolo
2131    contendere or guilty to, any offense prohibited under the level
2132    2 standards for screening set forth in chapter 435, unless an
2133    exemption from disqualification has been granted by the agency
2134    as set forth in chapter 435.
2135          h. The agency may deny or revoke licensure if the
2136    applicant:
2137          (I) Has falsely represented a material fact in the
2138    application required by sub-subparagraph e. or sub-subparagraph
2139    f., or has omitted any material fact from the application
2140    required by sub-subparagraph e. or sub-subparagraph f.; or
2141          (II) Has had prior action taken against the applicant
2142    under the Medicaid or Medicare program as set forth in sub-
2143    subparagraph e.
2144          i. An application for license renewal must contain the
2145    information required under sub-subparagraphs e. and f.
2146          2. The laboratory has written procedures to ensure chain
2147    of custody.
2148          3. The laboratory follows proper quality control
2149    procedures, including, but not limited to:
2150          a. The use of internal quality controls including the use
2151    of samples of known concentrations which are used to check the
2152    performance and calibration of testing equipment, and periodic
2153    use of blind samples for overall accuracy.
2154          b. An internal review and certification process for drug
2155    test results, conducted by a person qualified to perform that
2156    function in the testing laboratory.
2157          c. Security measures implemented by the testing laboratory
2158    to preclude adulteration of specimens and drug test results.
2159          d. Other necessary and proper actions taken to ensure
2160    reliable and accurate drug test results.
2161          Section 36. For the purpose of incorporating the amendment
2162    to section 435.04, Florida Statutes, in references thereto,
2163    subsections (1), (2), and (4) of section 381.0059, Florida
2164    Statutes, are reenacted to read:
2165          381.0059 Background screening requirements for school
2166    health services personnel.--
2167          (1) Pursuant to the provisions of chapter 435, any person
2168    who provides services under a school health services plan
2169    pursuant to s. 381.0056 must meet level 2 screening requirements
2170    as described in s. 435.04. A person may satisfy the requirements
2171    of this subsection by submitting proof of compliance with the
2172    requirements of level 2 screening conducted within 12 months
2173    before the date that person initially provides services under a
2174    school health services plan.
2175          (2) A person may provide services under a school health
2176    services plan pursuant to s. 381.0056 prior to the completion of
2177    level 2 screening. However, pending the results of the
2178    screening, such person may not be alone with a minor.
2179          (4) Under penalty of perjury, each person who provides
2180    services under a school health plan pursuant to s. 381.0056 must
2181    attest to meeting the level 2 screening requirements for
2182    participation under the plan and agree to inform his or her
2183    employer immediately if convicted of any disqualifying offense
2184    while providing services under a plan.
2185          Section 37. For the purpose of incorporating the amendment
2186    to section 435.04, Florida Statutes, in references thereto,
2187    paragraphs (a), (b), (c), (d), (f), and (g) of subsection (1) of
2188    section 381.60225, Florida Statutes, are reenacted to read:
2189          381.60225 Background screening.--
2190          (1) Each applicant for certification must comply with the
2191    following requirements:
2192          (a) Upon receipt of a completed, signed, and dated
2193    application, the Agency for Health Care Administration shall
2194    require background screening, in accordance with the level 2
2195    standards for screening set forth in chapter 435, of the
2196    managing employee, or other similarly titled individual
2197    responsible for the daily operation of the organization, agency,
2198    or entity, and financial officer, or other similarly titled
2199    individual who is responsible for the financial operation of the
2200    organization, agency, or entity, including billings for
2201    services. The applicant must comply with the procedures for
2202    level 2 background screening as set forth in chapter 435, as
2203    well as the requirements of s. 435.03(3).
2204          (b) The Agency for Health Care Administration may require
2205    background screening of any other individual who is an applicant
2206    if the Agency for Health Care Administration has probable cause
2207    to believe that he or she has been convicted of a crime or has
2208    committed any other offense prohibited under the level 2
2209    standards for screening set forth in chapter 435.
2210          (c) Proof of compliance with the level 2 background
2211    screening requirements of chapter 435 which has been submitted
2212    within the previous 5 years in compliance with any other health
2213    care licensure requirements of this state is acceptable in
2214    fulfillment of the requirements of paragraph (a).
2215          (d) A provisional certification may be granted to the
2216    organization, agency, or entity when each individual required by
2217    this section to undergo background screening has met the
2218    standards for the Department of Law Enforcement background
2219    check, but the agency has not yet received background screening
2220    results from the Federal Bureau of Investigation, or a request
2221    for a disqualification exemption has been submitted to the
2222    agency as set forth in chapter 435, but a response has not yet
2223    been issued. A standard certification may be granted to the
2224    organization, agency, or entity upon the agency's receipt of a
2225    report of the results of the Federal Bureau of Investigation
2226    background screening for each individual required by this
2227    section to undergo background screening which confirms that all
2228    standards have been met, or upon the granting of a
2229    disqualification exemption by the agency as set forth in chapter
2230    435. Any other person who is required to undergo level 2
2231    background screening may serve in his or her capacity pending
2232    the agency's receipt of the report from the Federal Bureau of
2233    Investigation. However, the person may not continue to serve if
2234    the report indicates any violation of background screening
2235    standards and a disqualification exemption has not been
2236    requested of and granted by the agency as set forth in chapter
2237    435.
2238          (f) Each applicant must submit to the agency a description
2239    and explanation of any conviction of an offense prohibited under
2240    the level 2 standards of chapter 435 by a member of the board of
2241    directors of the applicant, its officers, or any individual
2242    owning 5 percent or more of the applicant. This requirement does
2243    not apply to a director of a not-for-profit corporation or
2244    organization if the director serves solely in a voluntary
2245    capacity for the corporation or organization, does not regularly
2246    take part in the day-to-day operational decisions of the
2247    corporation or organization, receives no remuneration for his or
2248    her services on the corporation or organization's board of
2249    directors, and has no financial interest and has no family
2250    members with a financial interest in the corporation or
2251    organization, provided that the director and the not-for-profit
2252    corporation or organization include in the application a
2253    statement affirming that the director's relationship to the
2254    corporation satisfies the requirements of this paragraph.
2255          (g) The agency may not certify any organization, agency,
2256    or entity if any applicant or managing employee has been found
2257    guilty of, regardless of adjudication, or has entered a plea of
2258    nolo contendere or guilty to, any offense prohibited under the
2259    level 2 standards for screening set forth in chapter 435, unless
2260    an exemption from disqualification has been granted by the
2261    agency as set forth in chapter 435.
2262          Section 38. For the purpose of incorporating the amendment
2263    to section 435.04, Florida Statutes, in references thereto,
2264    paragraphs (a), (b), (c), (d), (f), and (g) of subsection (7) of
2265    section 383.305, Florida Statutes, are reenacted to read:
2266          383.305 Licensure; issuance, renewal, denial, suspension,
2267    revocation; fees; background screening.--
2268          (7) Each applicant for licensure must comply with the
2269    following requirements:
2270          (a) Upon receipt of a completed, signed, and dated
2271    application, the agency shall require background screening, in
2272    accordance with the level 2 standards for screening set forth in
2273    chapter 435, of the managing employee, or other similarly titled
2274    individual who is responsible for the daily operation of the
2275    center, and of the financial officer, or other similarly titled
2276    individual who is responsible for the financial operation of the
2277    center, including billings for patient care and services. The
2278    applicant must comply with the procedures for level 2 background
2279    screening as set forth in chapter 435 as well as the
2280    requirements of s. 435.03(3).
2281          (b) The agency may require background screening of any
2282    other individual who is an applicant if the agency has probable
2283    cause to believe that he or she has been convicted of a crime or
2284    has committed any other offense prohibited under the level 2
2285    standards for screening set forth in chapter 435.
2286          (c) Proof of compliance with the level 2 background
2287    screening requirements of chapter 435 which has been submitted
2288    within the previous 5 years in compliance with any other health
2289    care licensure requirements of this state is acceptable in
2290    fulfillment of the requirements of paragraph (a).
2291          (d) A provisional license may be granted to an applicant
2292    when each individual required by this section to undergo
2293    background screening has met the standards for the Department of
2294    Law Enforcement background check, but the agency has not yet
2295    received background screening results from the Federal Bureau of
2296    Investigation, or a request for a disqualification exemption has
2297    been submitted to the agency as set forth in chapter 435 but a
2298    response has not yet been issued. A standard license may be
2299    granted to the applicant upon the agency's receipt of a report
2300    of the results of the Federal Bureau of Investigation background
2301    screening for each individual required by this section to
2302    undergo background screening which confirms that all standards
2303    have been met, or upon the granting of a disqualification
2304    exemption by the agency as set forth in chapter 435. Any other
2305    person who is required to undergo level 2 background screening
2306    may serve in his or her capacity pending the agency's receipt of
2307    the report from the Federal Bureau of Investigation. However,
2308    the person may not continue to serve if the report indicates any
2309    violation of background screening standards and a
2310    disqualification exemption has not been requested of and granted
2311    by the agency as set forth in chapter 435.
2312          (f) Each applicant must submit to the agency a description
2313    and explanation of any conviction of an offense prohibited under
2314    the level 2 standards of chapter 435 by a member of the board of
2315    directors of the applicant, its officers, or any individual
2316    owning 5 percent or more of the applicant. This requirement does
2317    not apply to a director of a not-for-profit corporation or
2318    organization if the director serves solely in a voluntary
2319    capacity for the corporation or organization, does not regularly
2320    take part in the day-to-day operational decisions of the
2321    corporation or organization, receives no remuneration for his or
2322    her services on the corporation or organization's board of
2323    directors, and has no financial interest and has no family
2324    members with a financial interest in the corporation or
2325    organization, provided that the director and the not-for-profit
2326    corporation or organization include in the application a
2327    statement affirming that the director's relationship to the
2328    corporation satisfies the requirements of this paragraph.
2329          (g) A license may not be granted to an applicant if the
2330    applicant or managing employee has been found guilty of,
2331    regardless of adjudication, or has entered a plea of nolo
2332    contendere or guilty to, any offense prohibited under the level
2333    2 standards for screening set forth in chapter 435, unless an
2334    exemption from disqualification has been granted by the agency
2335    as set forth in chapter 435.
2336          Section 39. For the purpose of incorporating the amendment
2337    to section 435.04, Florida Statutes, in references thereto,
2338    paragraphs (a), (b), (c), (d), (f), and (g) of subsection (3) of
2339    section 390.015, Florida Statutes, are reenacted to read:
2340          390.015 Application for license.--
2341          (3) Each applicant for licensure must comply with the
2342    following requirements:
2343          (a) Upon receipt of a completed, signed, and dated
2344    application, the agency shall require background screening, in
2345    accordance with the level 2 standards for screening set forth in
2346    chapter 435, of the managing employee, or other similarly titled
2347    individual who is responsible for the daily operation of the
2348    clinic, and financial officer, or other similarly titled
2349    individual who is responsible for the financial operation of the
2350    clinic, including billings for patient care and services. The
2351    applicant must comply with the procedures for level 2 background
2352    screening as set forth in chapter 435, as well as the
2353    requirements of s. 435.03(3).
2354          (b) The agency may require background screening of any
2355    other individual who is an applicant if the agency has probable
2356    cause to believe that he or she has been convicted of a crime or
2357    has committed any other offense prohibited under the level 2
2358    standards for screening set forth in chapter 435.
2359          (c) Proof of compliance with the level 2 background
2360    screening requirements of chapter 435 which has been submitted
2361    within the previous 5 years in compliance with any other health
2362    care licensure requirements of this state is acceptable in
2363    fulfillment of the requirements of paragraph (a).
2364          (d) A provisional license may be granted to an applicant
2365    when each individual required by this section to undergo
2366    background screening has met the standards for the Department of
2367    Law Enforcement background check, but the agency has not yet
2368    received background screening results from the Federal Bureau of
2369    Investigation, or a request for a disqualification exemption has
2370    been submitted to the agency as set forth in chapter 435 but a
2371    response has not yet been issued. A standard license may be
2372    granted to the applicant upon the agency's receipt of a report
2373    of the results of the Federal Bureau of Investigation background
2374    screening for each individual required by this section to
2375    undergo background screening which confirms that all standards
2376    have been met, or upon the granting of a disqualification
2377    exemption by the agency as set forth in chapter 435. Any other
2378    person who is required to undergo level 2 background screening
2379    may serve in his or her capacity pending the agency's receipt of
2380    the report from the Federal Bureau of Investigation. However,
2381    the person may not continue to serve if the report indicates any
2382    violation of background screening standards and a
2383    disqualification exemption has not been requested of and granted
2384    by the agency as set forth in chapter 435.
2385          (f) Each applicant must submit to the agency a description
2386    and explanation of any conviction of an offense prohibited under
2387    the level 2 standards of chapter 435 by a member of the board of
2388    directors of the applicant, its officers, or any individual
2389    owning 5 percent or more of the applicant. This requirement does
2390    not apply to a director of a not-for-profit corporation or
2391    organization if the director serves solely in a voluntary
2392    capacity for the corporation or organization, does not regularly
2393    take part in the day-to-day operational decisions of the
2394    corporation or organization, receives no remuneration for his or
2395    her services on the corporation or organization's board of
2396    directors, and has no financial interest and has no family
2397    members with a financial interest in the corporation or
2398    organization, provided that the director and the not-for-profit
2399    corporation or organization include in the application a
2400    statement affirming that the director's relationship to the
2401    corporation satisfies the requirements of this paragraph.
2402          (g) A license may not be granted to an applicant if the
2403    applicant or managing employee has been found guilty of,
2404    regardless of adjudication, or has entered a plea of nolo
2405    contendere or guilty to, any offense prohibited under the level
2406    2 standards for screening set forth in chapter 435, unless an
2407    exemption from disqualification has been granted by the agency
2408    as set forth in chapter 435.
2409          Section 40. For the purpose of incorporating the amendment
2410    to section 435.04, Florida Statutes, in references thereto,
2411    subsection (1) of section 393.0655, Florida Statutes, is
2412    reenacted to read:
2413          393.0655 Screening of direct service providers.--
2414          (1) MINIMUM STANDARDS.--The department shall require
2415    employment screening pursuant to chapter 435, using the level 2
2416    standards for screening set forth in that chapter, for direct
2417    service providers who are unrelated to their clients.
2418          Section 41. For the purpose of incorporating the amendment
2419    to section 435.04, Florida Statutes, in references thereto,
2420    paragraphs (a), (b), (c), (d), (f), and (g) of subsection (6) of
2421    section 393.067, Florida Statutes, are reenacted to read:
2422          393.067 Licensure of residential facilities and
2423    comprehensive transitional education programs.--
2424          (6) Each applicant for licensure as an intermediate care
2425    facility for the developmentally disabled must comply with the
2426    following requirements:
2427          (a) Upon receipt of a completed, signed, and dated
2428    application, the agency shall require background screening, in
2429    accordance with the level 2 standards for screening set forth in
2430    chapter 435, of the managing employee, or other similarly titled
2431    individual who is responsible for the daily operation of the
2432    facility, and of the financial officer, or other similarly
2433    titled individual who is responsible for the financial operation
2434    of the center, including billings for resident care and
2435    services. The applicant must comply with the procedures for
2436    level 2 background screening as set forth in chapter 435, as
2437    well as the requirements of s. 435.03(3).
2438          (b) The agency may require background screening of any
2439    other individual who is an applicant if the agency has probable
2440    cause to believe that he or she has been convicted of a crime or
2441    has committed any other offense prohibited under the level 2
2442    standards for screening set forth in chapter 435.
2443          (c) Proof of compliance with the level 2 background
2444    screening requirements of chapter 435 which has been submitted
2445    within the previous 5 years in compliance with any other health
2446    care licensure requirements of this state is acceptable in
2447    fulfillment of the requirements of paragraph (a).
2448          (d) A provisional license may be granted to an applicant
2449    when each individual required by this section to undergo
2450    background screening has met the standards for the Department of
2451    Law Enforcement background check, but the agency has not yet
2452    received background screening results from the Federal Bureau of
2453    Investigation, or a request for a disqualification exemption has
2454    been submitted to the agency as set forth in chapter 435, but a
2455    response has not yet been issued. A standard license may be
2456    granted to the applicant upon the agency's receipt of a report
2457    of the results of the Federal Bureau of Investigation background
2458    screening for each individual required by this section to
2459    undergo background screening which confirms that all standards
2460    have been met, or upon the granting of a disqualification
2461    exemption by the agency as set forth in chapter 435. Any other
2462    person who is required to undergo level 2 background screening
2463    may serve in his or her capacity pending the agency's receipt of
2464    the report from the Federal Bureau of Investigation. However,
2465    the person may not continue to serve if the report indicates any
2466    violation of background screening standards and a
2467    disqualification exemption has not been requested of and granted
2468    by the agency as set forth in chapter 435.
2469          (f) Each applicant must submit to the agency a description
2470    and explanation of any conviction of an offense prohibited under
2471    the level 2 standards of chapter 435 by a member of the board of
2472    directors of the applicant, its officers, or any individual
2473    owning 5 percent or more of the applicant. This requirement does
2474    not apply to a director of a not-for-profit corporation or
2475    organization if the director serves solely in a voluntary
2476    capacity for the corporation or organization, does not regularly
2477    take part in the day-to-day operational decisions of the
2478    corporation or organization, receives no remuneration for his or
2479    her services on the corporation or organization's board of
2480    directors, and has no financial interest and has no family
2481    members with a financial interest in the corporation or
2482    organization, provided that the director and the not-for-profit
2483    corporation or organization include in the application a
2484    statement affirming that the director's relationship to the
2485    corporation satisfies the requirements of this paragraph.
2486          (g) A license may not be granted to an applicant if the
2487    applicant or managing employee has been found guilty of,
2488    regardless of adjudication, or has entered a plea of nolo
2489    contendere or guilty to, any offense prohibited under the level
2490    2 standards for screening set forth in chapter 435, unless an
2491    exemption from disqualification has been granted by the agency
2492    as set forth in chapter 435.
2493          Section 42. For the purpose of incorporating the amendment
2494    to section 435.04, Florida Statutes, in references thereto,
2495    paragraph (a) of subsection (1) of section 394.4572, Florida
2496    Statutes, is reenacted to read:
2497          394.4572 Screening of mental health personnel.--
2498          (1)(a) The department and the Agency for Health Care
2499    Administration shall require employment screening for mental
2500    health personnel using the standards for level 2 screening set
2501    forth in chapter 435. "Mental health personnel" includes all
2502    program directors, professional clinicians, staff members, and
2503    volunteers working in public or private mental health programs
2504    and facilities who have direct contact with unmarried patients
2505    under the age of 18 years.
2506          Section 43. For the purpose of incorporating the amendment
2507    to section 435.04, Florida Statutes, in references thereto,
2508    paragraphs (a), (b), (c), (d), (f), and (g) of subsection (13)
2509    of section 394.875, Florida Statutes, are reenacted to read:
2510          394.875 Crisis stabilization units, residential treatment
2511    facilities, and residential treatment centers for children and
2512    adolescents; authorized services; license required; penalties.--
2513          (13) Each applicant for licensure must comply with the
2514    following requirements:
2515          (a) Upon receipt of a completed, signed, and dated
2516    application, the agency shall require background screening, in
2517    accordance with the level 2 standards for screening set forth in
2518    chapter 435, of the managing employee and financial officer, or
2519    other similarly titled individual who is responsible for the
2520    financial operation of the facility, including billings for
2521    client care and services. The applicant must comply with the
2522    procedures for level 2 background screening as set forth in
2523    chapter 435, as well as the requirements of s. 435.03(3).
2524          (b) The agency may require background screening of any
2525    other individual who is an applicant if the agency has probable
2526    cause to believe that he or she has been convicted of a crime or
2527    has committed any other offense prohibited under the level 2
2528    standards for screening set forth in chapter 435.
2529          (c) Proof of compliance with the level 2 background
2530    screening requirements of chapter 435 which has been submitted
2531    within the previous 5 years in compliance with any other health
2532    care licensure requirements of this state is acceptable in
2533    fulfillment of the requirements of paragraph (a).
2534          (d) A provisional license may be granted to an applicant
2535    when each individual required by this section to undergo
2536    background screening has met the standards for the Department of
2537    Law Enforcement background check, but the agency has not yet
2538    received background screening results from the Federal Bureau of
2539    Investigation, or a request for a disqualification exemption has
2540    been submitted to the agency as set forth in chapter 435, but a
2541    response has not yet been issued. A standard license may be
2542    granted to the applicant upon the agency's receipt of a report
2543    of the results of the Federal Bureau of Investigation background
2544    screening for each individual required by this section to
2545    undergo background screening which confirms that all standards
2546    have been met, or upon the granting of a disqualification
2547    exemption by the agency as set forth in chapter 435. Any other
2548    person who is required to undergo level 2 background screening
2549    may serve in his or her capacity pending the agency's receipt of
2550    the report from the Federal Bureau of Investigation. However,
2551    the person may not continue to serve if the report indicates any
2552    violation of background screening standards and a
2553    disqualification exemption has not been requested of and granted
2554    by the agency as set forth in chapter 435.
2555          (f) Each applicant must submit to the agency a description
2556    and explanation of any conviction of an offense prohibited under
2557    the level 2 standards of chapter 435 by a member of the board of
2558    directors of the applicant, its officers, or any individual
2559    owning 5 percent or more of the applicant. This requirement does
2560    not apply to a director of a not-for-profit corporation or
2561    organization if the director serves solely in a voluntary
2562    capacity for the corporation or organization, does not regularly
2563    take part in the day-to-day operational decisions of the
2564    corporation or organization, receives no remuneration for his or
2565    her services on the corporation or organization's board of
2566    directors, and has no financial interest and has no family
2567    members with a financial interest in the corporation or
2568    organization, provided that the director and the not-for-profit
2569    corporation or organization include in the application a
2570    statement affirming that the director's relationship to the
2571    corporation satisfies the requirements of this paragraph.
2572          (g) A license may not be granted to an applicant if the
2573    applicant or managing employee has been found guilty of,
2574    regardless of adjudication, or has entered a plea of nolo
2575    contendere or guilty to, any offense prohibited under the level
2576    2 standards for screening set forth in chapter 435, unless an
2577    exemption from disqualification has been granted by the agency
2578    as set forth in chapter 435.
2579          Section 44. For the purpose of incorporating the amendment
2580    to section 435.04, Florida Statutes, in references thereto,
2581    subsections (1), (2), (3), (4), (6), and (8) of section
2582    395.0055, Florida Statutes, are reenacted to read:
2583          395.0055 Background screening.--Each applicant for
2584    licensure must comply with the following requirements:
2585          (1) Upon receipt of a completed, signed, and dated
2586    application, the agency shall require background screening of
2587    the managing employee in accordance with the level 2 standards
2588    for screening set forth in chapter 435, as well as the
2589    requirements of s. 435.03(3).
2590          (2) The agency may require background screening for a
2591    member of the board of directors of the licensee, or an officer
2592    or an individual owning 5 percent or more of the licensee, if
2593    the agency has probable cause to believe that such individual
2594    has been convicted of an offense prohibited under the level 2
2595    standards for screening set forth in chapter 435.
2596          (3) Proof of compliance with the level 2 background
2597    screening requirements of chapter 435 which has been submitted
2598    within the previous 5 years in compliance with any other health
2599    care licensure requirements of this state is acceptable in
2600    fulfillment of subsection (1).
2601          (4) A provisional license may be granted to an applicant
2602    when each individual required by this section to undergo
2603    background screening has met the standards for the Department of
2604    Law Enforcement background check, but the agency has not yet
2605    received background screening results from the Federal Bureau of
2606    Investigation, or a request for a disqualification exemption has
2607    been submitted to the agency as set forth in chapter 435 but a
2608    response has not yet been issued. A standard license may be
2609    granted to the applicant upon the agency's receipt of a report
2610    of the results of the Federal Bureau of Investigation background
2611    screening for each individual required by this section to
2612    undergo background screening which confirms that all standards
2613    have been met, or upon the granting of a disqualification
2614    exemption by the agency as set forth in chapter 435. Any other
2615    person who is required to undergo level 2 background screening
2616    may serve in his or her capacity pending the agency's receipt of
2617    the report from the Federal Bureau of Investigation; however,
2618    the person may not continue to serve if the report indicates any
2619    violation of background screening standards and a
2620    disqualification exemption has not been requested of and granted
2621    by the agency as set forth in chapter 435.
2622          (6) Each applicant must submit to the agency a description
2623    and explanation of any conviction of an offense prohibited under
2624    the level 2 standards of chapter 435 by a member of the board of
2625    directors of the applicant, its officers, or any individual
2626    owning 5 percent or more of the applicant.
2627          (8) A license may not be granted to an applicant if the
2628    applicant or managing employee has been found guilty of,
2629    regardless of adjudication, or has entered a plea of nolo
2630    contendere or guilty to, any offense prohibited under the level
2631    2 standards for screening set forth in chapter 435, unless an
2632    exemption from disqualification has been granted by the agency
2633    as set forth in chapter 435.
2634          Section 45. For the purpose of incorporating the amendment
2635    to section 435.04, Florida Statutes, in references thereto,
2636    paragraphs (a), (b), (c), (d), (f), and (g) of subsection (4) of
2637    section 395.0199, Florida Statutes, are reenacted to read:
2638          395.0199 Private utilization review.--
2639          (4) Each applicant for registration must comply with the
2640    following requirements:
2641          (a) Upon receipt of a completed, signed, and dated
2642    application, the agency shall require background screening, in
2643    accordance with the level 2 standards for screening set forth in
2644    chapter 435, of the managing employee or other similarly titled
2645    individual who is responsible for the operation of the entity.
2646    The applicant must comply with the procedures for level 2
2647    background screening as set forth in chapter 435, as well as the
2648    requirements of s. 435.03(3).
2649          (b) The agency may require background screening of any
2650    other individual who is an applicant, if the agency has probable
2651    cause to believe that he or she has been convicted of a crime or
2652    has committed any other offense prohibited under the level 2
2653    standards for screening set forth in chapter 435.
2654          (c) Proof of compliance with the level 2 background
2655    screening requirements of chapter 435 which has been submitted
2656    within the previous 5 years in compliance with any other health
2657    care licensure requirements of this state is acceptable in
2658    fulfillment of the requirements of paragraph (a).
2659          (d) A provisional registration may be granted to an
2660    applicant when each individual required by this section to
2661    undergo background screening has met the standards for the
2662    Department of Law Enforcement background check, but the agency
2663    has not yet received background screening results from the
2664    Federal Bureau of Investigation, or a request for a
2665    disqualification exemption has been submitted to the agency as
2666    set forth in chapter 435 but a response has not yet been issued.
2667    A standard registration may be granted to the applicant upon the
2668    agency's receipt of a report of the results of the Federal
2669    Bureau of Investigation background screening for each individual
2670    required by this section to undergo background screening which
2671    confirms that all standards have been met, or upon the granting
2672    of a disqualification exemption by the agency as set forth in
2673    chapter 435. Any other person who is required to undergo level 2
2674    background screening may serve in his or her capacity pending
2675    the agency's receipt of the report from the Federal Bureau of
2676    Investigation. However, the person may not continue to serve if
2677    the report indicates any violation of background screening
2678    standards and a disqualification exemption has not been
2679    requested of and granted by the agency as set forth in chapter
2680    435.
2681          (f) Each applicant must submit to the agency a description
2682    and explanation of any conviction of an offense prohibited under
2683    the level 2 standards of chapter 435 by a member of the board of
2684    directors of the applicant, its officers, or any individual
2685    owning 5 percent or more of the applicant. This requirement does
2686    not apply to a director of a not-for-profit corporation or
2687    organization if the director serves solely in a voluntary
2688    capacity for the corporation or organization, does not regularly
2689    take part in the day-to-day operational decisions of the
2690    corporation or organization, receives no remuneration for his or
2691    her services on the corporation or organization's board of
2692    directors, and has no financial interest and has no family
2693    members with a financial interest in the corporation or
2694    organization, provided that the director and the not-for-profit
2695    corporation or organization include in the application a
2696    statement affirming that the director's relationship to the
2697    corporation satisfies the requirements of this paragraph.
2698          (g) A registration may not be granted to an applicant if
2699    the applicant or managing employee has been found guilty of,
2700    regardless of adjudication, or has entered a plea of nolo
2701    contendere or guilty to, any offense prohibited under the level
2702    2 standards for screening set forth in chapter 435, unless an
2703    exemption from disqualification has been granted by the agency
2704    as set forth in chapter 435.
2705          Section 46. For the purpose of incorporating the amendment
2706    to section 435.04, Florida Statutes, in references thereto,
2707    paragraph (a) of subsection (1) of section 397.451, Florida
2708    Statutes, is reenacted to read:
2709          397.451 Background checks of service provider personnel.--
2710          (1) PERSONNEL BACKGROUND CHECKS; REQUIREMENTS AND
2711    EXCEPTIONS.--
2712          (a) Background checks shall apply as follows:
2713          1. All owners, directors, and chief financial officers of
2714    service providers are subject to level 2 background screening as
2715    provided under chapter 435.
2716          2. All service provider personnel who have direct contact
2717    with children receiving services or with adults who are
2718    developmentally disabled receiving services are subject to level
2719    2 background screening as provided under chapter 435.
2720          Section 47. For the purpose of incorporating the amendment
2721    to section 435.04, Florida Statutes, in references thereto,
2722    paragraphs (a), (b), (c), (d), and (f) of subsection (4) of
2723    section 400.071, Florida Statutes, are reenacted to read:
2724          400.071 Application for license.--
2725          (4) Each applicant for licensure must comply with the
2726    following requirements:
2727          (a) Upon receipt of a completed, signed, and dated
2728    application, the agency shall require background screening of
2729    the applicant, in accordance with the level 2 standards for
2730    screening set forth in chapter 435. As used in this subsection,
2731    the term "applicant" means the facility administrator, or
2732    similarly titled individual who is responsible for the day-to-
2733    day operation of the licensed facility, and the facility
2734    financial officer, or similarly titled individual who is
2735    responsible for the financial operation of the licensed
2736    facility.
2737          (b) The agency may require background screening for a
2738    member of the board of directors of the licensee or an officer
2739    or an individual owning 5 percent or more of the licensee if the
2740    agency has probable cause to believe that such individual has
2741    been convicted of an offense prohibited under the level 2
2742    standards for screening set forth in chapter 435.
2743          (c) Proof of compliance with the level 2 background
2744    screening requirements of chapter 435 which has been submitted
2745    within the previous 5 years in compliance with any other health
2746    care or assisted living licensure requirements of this state is
2747    acceptable in fulfillment of paragraph (a). Proof of compliance
2748    with background screening which has been submitted within the
2749    previous 5 years to fulfill the requirements of the Financial
2750    Services Commission and the Office of Insurance Regulation
2751    pursuant to chapter 651 as part of an application for a
2752    certificate of authority to operate a continuing care retirement
2753    community is acceptable in fulfillment of the Department of Law
2754    Enforcement and Federal Bureau of Investigation background
2755    check.
2756          (d) A provisional license may be granted to an applicant
2757    when each individual required by this section to undergo
2758    background screening has met the standards for the Department of
2759    Law Enforcement background check, but the agency has not yet
2760    received background screening results from the Federal Bureau of
2761    Investigation, or a request for a disqualification exemption has
2762    been submitted to the agency as set forth in chapter 435, but a
2763    response has not yet been issued. A license may be granted to
2764    the applicant upon the agency's receipt of a report of the
2765    results of the Federal Bureau of Investigation background
2766    screening for each individual required by this section to
2767    undergo background screening which confirms that all standards
2768    have been met, or upon the granting of a disqualification
2769    exemption by the agency as set forth in chapter 435. Any other
2770    person who is required to undergo level 2 background screening
2771    may serve in his or her capacity pending the agency's receipt of
2772    the report from the Federal Bureau of Investigation; however,
2773    the person may not continue to serve if the report indicates any
2774    violation of background screening standards and a
2775    disqualification exemption has not been requested of and granted
2776    by the agency as set forth in chapter 435.
2777          (f) Each applicant must submit to the agency a description
2778    and explanation of any conviction of an offense prohibited under
2779    the level 2 standards of chapter 435 by a member of the board of
2780    directors of the applicant, its officers, or any individual
2781    owning 5 percent or more of the applicant. This requirement
2782    shall not apply to a director of a not-for-profit corporation or
2783    organization if the director serves solely in a voluntary
2784    capacity for the corporation or organization, does not regularly
2785    take part in the day-to-day operational decisions of the
2786    corporation or organization, receives no remuneration for his or
2787    her services on the corporation or organization's board of
2788    directors, and has no financial interest and has no family
2789    members with a financial interest in the corporation or
2790    organization, provided that the director and the not-for-profit
2791    corporation or organization include in the application a
2792    statement affirming that the director's relationship to the
2793    corporation satisfies the requirements of this paragraph.
2794          Section 48. For the purpose of incorporating the amendment
2795    to section 435.04, Florida Statutes, in references thereto,
2796    paragraphs (a), (b), (c), (d), (f), and (g) of subsection (4) of
2797    section 400.471, Florida Statutes, are reenacted to read:
2798          400.471 Application for license; fee; provisional license;
2799    temporary permit.--
2800          (4) Each applicant for licensure must comply with the
2801    following requirements:
2802          (a) Upon receipt of a completed, signed, and dated
2803    application, the agency shall require background screening of
2804    the applicant, in accordance with the level 2 standards for
2805    screening set forth in chapter 435. As used in this subsection,
2806    the term "applicant" means the administrator, or a similarly
2807    titled person who is responsible for the day-to-day operation of
2808    the licensed home health agency, and the financial officer, or
2809    similarly titled individual who is responsible for the financial
2810    operation of the licensed home health agency.
2811          (b) The agency may require background screening for a
2812    member of the board of directors of the licensee or an officer
2813    or an individual owning 5 percent or more of the licensee if the
2814    agency reasonably suspects that such individual has been
2815    convicted of an offense prohibited under the level 2 standards
2816    for screening set forth in chapter 435.
2817          (c) Proof of compliance with the level 2 background
2818    screening requirements of chapter 435 which has been submitted
2819    within the previous 5 years in compliance with any other health
2820    care or assisted living licensure requirements of this state is
2821    acceptable in fulfillment of paragraph (a). Proof of compliance
2822    with background screening which has been submitted within the
2823    previous 5 years to fulfill the requirements of the Financial
2824    Services Commission and the Office of Insurance Regulation
2825    pursuant to chapter 651 as part of an application for a
2826    certificate of authority to operate a continuing care retirement
2827    community is acceptable in fulfillment of the Department of Law
2828    Enforcement and Federal Bureau of Investigation background
2829    check.
2830          (d) A provisional license may be granted to an applicant
2831    when each individual required by this section to undergo
2832    background screening has met the standards for the Department of
2833    Law Enforcement background check, but the agency has not yet
2834    received background screening results from the Federal Bureau of
2835    Investigation. A standard license may be granted to the licensee
2836    upon the agency's receipt of a report of the results of the
2837    Federal Bureau of Investigation background screening for each
2838    individual required by this section to undergo background
2839    screening which confirms that all standards have been met, or
2840    upon the granting of a disqualification exemption by the agency
2841    as set forth in chapter 435. Any other person who is required to
2842    undergo level 2 background screening may serve in his or her
2843    capacity pending the agency's receipt of the report from the
2844    Federal Bureau of Investigation. However, the person may not
2845    continue to serve if the report indicates any violation of
2846    background screening standards and a disqualification exemption
2847    has not been requested of and granted by the agency as set forth
2848    in chapter 435.
2849          (f) Each applicant must submit to the agency a description
2850    and explanation of any conviction of an offense prohibited under
2851    the level 2 standards of chapter 435 by a member of the board of
2852    directors of the applicant, its officers, or any individual
2853    owning 5 percent or more of the applicant. This requirement does
2854    not apply to a director of a not-for-profit corporation or
2855    organization if the director serves solely in a voluntary
2856    capacity for the corporation or organization, does not regularly
2857    take part in the day-to-day operational decisions of the
2858    corporation or organization, receives no remuneration for his or
2859    her services on the corporation or organization's board of
2860    directors, and has no financial interest and has no family
2861    members with a financial interest in the corporation or
2862    organization, provided that the director and the not-for-profit
2863    corporation or organization include in the application a
2864    statement affirming that the director's relationship to the
2865    corporation satisfies the requirements of this paragraph.
2866          (g) A license may not be granted to an applicant if the
2867    applicant, administrator, or financial officer has been found
2868    guilty of, regardless of adjudication, or has entered a plea of
2869    nolo contendere or guilty to, any offense prohibited under the
2870    level 2 standards for screening set forth in chapter 435, unless
2871    an exemption from disqualification has been granted by the
2872    agency as set forth in chapter 435.
2873          Section 49. For the purpose of incorporating the amendment
2874    to section 435.04, Florida Statutes, in references thereto,
2875    paragraphs (a), (b), (c), (d), (f), and (g) of subsection (2) of
2876    section 400.506, Florida Statutes, are reenacted to read:
2877          400.506 Licensure of nurse registries; requirements;
2878    penalties.--
2879          (2) Each applicant for licensure must comply with the
2880    following requirements:
2881          (a) Upon receipt of a completed, signed, and dated
2882    application, the agency shall require background screening, in
2883    accordance with the level 2 standards for screening set forth in
2884    chapter 435, of the managing employee, or other similarly titled
2885    individual who is responsible for the daily operation of the
2886    nurse registry, and of the financial officer, or other similarly
2887    titled individual who is responsible for the financial operation
2888    of the registry, including billings for patient care and
2889    services. The applicant shall comply with the procedures for
2890    level 2 background screening as set forth in chapter 435.
2891          (b) The agency may require background screening of any
2892    other individual who is an applicant if the agency has probable
2893    cause to believe that he or she has been convicted of a crime or
2894    has committed any other offense prohibited under the level 2
2895    standards for screening set forth in chapter 435.
2896          (c) Proof of compliance with the level 2 background
2897    screening requirements of chapter 435 which has been submitted
2898    within the previous 5 years in compliance with any other health
2899    care or assisted living licensure requirements of this state is
2900    acceptable in fulfillment of the requirements of paragraph (a).
2901          (d) A provisional license may be granted to an applicant
2902    when each individual required by this section to undergo
2903    background screening has met the standards for the Department of
2904    Law Enforcement background check but the agency has not yet
2905    received background screening results from the Federal Bureau of
2906    Investigation. A standard license may be granted to the
2907    applicant upon the agency's receipt of a report of the results
2908    of the Federal Bureau of Investigation background screening for
2909    each individual required by this section to undergo background
2910    screening which confirms that all standards have been met, or
2911    upon the granting of a disqualification exemption by the agency
2912    as set forth in chapter 435. Any other person who is required to
2913    undergo level 2 background screening may serve in his or her
2914    capacity pending the agency's receipt of the report from the
2915    Federal Bureau of Investigation. However, the person may not
2916    continue to serve if the report indicates any violation of
2917    background screening standards and a disqualification exemption
2918    has not been requested of and granted by the agency as set forth
2919    in chapter 435.
2920          (f) Each applicant must submit to the agency a description
2921    and explanation of any conviction of an offense prohibited under
2922    the level 2 standards of chapter 435 by a member of the board of
2923    directors of the applicant, its officers, or any individual
2924    owning 5 percent or more of the applicant. This requirement does
2925    not apply to a director of a not-for-profit corporation or
2926    organization if the director serves solely in a voluntary
2927    capacity for the corporation or organization, does not regularly
2928    take part in the day-to-day operational decisions of the
2929    corporation or organization, receives no remuneration for his or
2930    her services on the corporation or organization's board of
2931    directors, and has no financial interest and has no family
2932    members with a financial interest in the corporation or
2933    organization, provided that the director and the not-for-profit
2934    corporation or organization include in the application a
2935    statement affirming that the director's relationship to the
2936    corporation satisfies the requirements of this paragraph.
2937          (g) A license may not be granted to an applicant if the
2938    applicant or managing employee has been found guilty of,
2939    regardless of adjudication, or has entered a plea of nolo
2940    contendere or guilty to, any offense prohibited under the level
2941    2 standards for screening set forth in chapter 435, unless an
2942    exemption from disqualification has been granted by the agency
2943    as set forth in chapter 435.
2944          Section 50. For the purpose of incorporating the amendment
2945    to section 435.04, Florida Statutes, in references thereto,
2946    section 400.5572, Florida Statutes, is reenacted to read:
2947          400.5572 Background screening.--
2948          (1)(a) Level 2 background screening must be conducted on
2949    each of the following persons, who shall be considered employees
2950    for the purposes of conducting screening under chapter 435:
2951          1. The adult day care center owner if an individual, the
2952    operator, and the financial officer.
2953          2. An officer or board member if the owner of the adult
2954    day care center is a firm, corporation, partnership, or
2955    association, or any person owning 5 percent or more of the
2956    facility, if the agency has probable cause to believe that such
2957    person has been convicted of any offense prohibited by s.
2958    435.04. For each officer, board member, or person owning 5
2959    percent or more who has been convicted of any such offense, the
2960    facility shall submit to the agency a description and
2961    explanation of the conviction at the time of license
2962    application. This subparagraph does not apply to a board member
2963    of a not-for-profit corporation or organization if the board
2964    member serves solely in a voluntary capacity, does not regularly
2965    take part in the day-to-day operational decisions of the
2966    corporation or organization, receives no remuneration for his or
2967    her services, and has no financial interest and has no family
2968    members with a financial interest in the corporation or
2969    organization, provided that the board member and facility submit
2970    a statement affirming that the board member's relationship to
2971    the facility satisfies the requirements of this subparagraph.
2972          (b) Proof of compliance with level 2 screening standards
2973    which has been submitted within the previous 5 years to meet any
2974    facility or professional licensure requirements of the agency or
2975    the Department of Health satisfies the requirements of this
2976    subsection.
2977          (c) The agency may grant a provisional license to an adult
2978    day care center applying for an initial license when each
2979    individual required by this subsection to undergo screening has
2980    completed the Department of Law Enforcement background check,
2981    but has not yet received results from the Federal Bureau of
2982    Investigation, or when a request for an exemption from
2983    disqualification has been submitted to the agency pursuant to s.
2984    435.07, but a response has not been issued.
2985          (2) The owner or administrator of an adult day care center
2986    must conduct level 1 background screening as set forth in
2987    chapter 435 on all employees hired on or after October 1, 1998,
2988    who provide basic services or supportive and optional services
2989    to the participants. Such persons satisfy this requirement if:
2990          (a) Proof of compliance with level 1 screening
2991    requirements obtained to meet any professional license
2992    requirements in this state is provided and accompanied, under
2993    penalty of perjury, by a copy of the person's current
2994    professional license and an affidavit of current compliance with
2995    the background screening requirements.
2996          (b) The person required to be screened has been
2997    continuously employed, without a breach in service that exceeds
2998    180 days, in the same type of occupation for which the person is
2999    seeking employment and provides proof of compliance with the
3000    level 1 screening requirement which is no more than 2 years old.
3001    Proof of compliance must be provided directly from one employer
3002    or contractor to another, and not from the person screened. Upon
3003    request, a copy of screening results shall be provided to the
3004    person screened by the employer retaining documentation of the
3005    screening.
3006          (c) The person required to be screened is employed by a
3007    corporation or business entity or related corporation or
3008    business entity that owns, operates, or manages more than one
3009    facility or agency licensed under this chapter, and for whom a
3010    level 1 screening was conducted by the corporation or business
3011    entity as a condition of initial or continued employment.
3012          Section 51. For the purpose of incorporating the amendment
3013    to section 435.04, Florida Statutes, in references thereto,
3014    paragraph (a) of subsection (3) of section 400.607, Florida
3015    Statutes, is reenacted to read:
3016          400.607 Denial, suspension, or revocation of license;
3017    imposition of administrative fine; grounds; injunctions.--
3018          (3) The agency may deny or revoke a license upon a
3019    determination that:
3020          (a) Persons subject to level 2 background screening under
3021    s. 400.6065 do not meet the screening standards of s. 435.04,
3022    and exemptions from disqualification have not been provided by
3023    the agency.
3024          Section 52. For the purpose of incorporating the amendment
3025    to section 435.04, Florida Statutes, in references thereto,
3026    paragraphs (a), (b), (c), (d), (f), and (g) of subsection (4) of
3027    section 400.801, Florida Statutes, are reenacted to read:
3028          400.801 Homes for special services.--
3029          (4) Each applicant for licensure must comply with the
3030    following requirements:
3031          (a) Upon receipt of a completed, signed, and dated
3032    application, the agency shall require background screening, in
3033    accordance with the level 2 standards for screening set forth in
3034    chapter 435, of the managing employee, or other similarly titled
3035    individual who is responsible for the daily operation of the
3036    facility, and of the financial officer, or other similarly
3037    titled individual who is responsible for the financial operation
3038    of the facility, including billings for client care and
3039    services, in accordance with the level 2 standards for screening
3040    set forth in chapter 435. The applicant must comply with the
3041    procedures for level 2 background screening as set forth in
3042    chapter 435.
3043          (b) The agency may require background screening of any
3044    other individual who is an applicant if the agency has probable
3045    cause to believe that he or she has been convicted of a crime or
3046    has committed any other offense prohibited under the level 2
3047    standards for screening set forth in chapter 435.
3048          (c) Proof of compliance with the level 2 background
3049    screening requirements of chapter 435 which has been submitted
3050    within the previous 5 years in compliance with any other health
3051    care or assisted living licensure requirements of this state is
3052    acceptable in fulfillment of the requirements of paragraph (a).
3053          (d) A provisional license may be granted to an applicant
3054    when each individual required by this section to undergo
3055    background screening has met the standards for the Department of
3056    Law Enforcement background check, but the agency has not yet
3057    received background screening results from the Federal Bureau of
3058    Investigation, or a request for a disqualification exemption has
3059    been submitted to the agency as set forth in chapter 435, but a
3060    response has not yet been issued. A standard license may be
3061    granted to the applicant upon the agency's receipt of a report
3062    of the results of the Federal Bureau of Investigation background
3063    screening for each individual required by this section to
3064    undergo background screening which confirms that all standards
3065    have been met, or upon the granting of a disqualification
3066    exemption by the agency as set forth in chapter 435. Any other
3067    person who is required to undergo level 2 background screening
3068    may serve in his or her capacity pending the agency's receipt of
3069    the report from the Federal Bureau of Investigation. However,
3070    the person may not continue to serve if the report indicates any
3071    violation of background screening standards and a
3072    disqualification exemption has not been requested of and granted
3073    by the agency as set forth in chapter 435.
3074          (f) Each applicant must submit to the agency a description
3075    and explanation of any conviction of an offense prohibited under
3076    the level 2 standards of chapter 435 by a member of the board of
3077    directors of the applicant, its officers, or any individual
3078    owning 5 percent or more of the applicant. This requirement does
3079    not apply to a director of a not-for-profit corporation or
3080    organization if the director serves solely in a voluntary
3081    capacity for the corporation or organization, does not regularly
3082    take part in the day-to-day operational decisions of the
3083    corporation or organization, receives no remuneration for his or
3084    her services on the corporation or organization's board of
3085    directors, and has no financial interest and has no family
3086    members with a financial interest in the corporation or
3087    organization, provided that the director and the not-for-profit
3088    corporation or organization include in the application a
3089    statement affirming that the director's relationship to the
3090    corporation satisfies the requirements of this paragraph.
3091          (g) A license may not be granted to an applicant if the
3092    applicant or managing employee has been found guilty of,
3093    regardless of adjudication, or has entered a plea of nolo
3094    contendere or guilty to, any offense prohibited under the level
3095    2 standards for screening set forth in chapter 435, unless an
3096    exemption from disqualification has been granted by the agency
3097    as set forth in chapter 435.
3098          Section 53. For the purpose of incorporating the amendment
3099    to section 435.04, Florida Statutes, in references thereto,
3100    paragraphs (a), (b), (c), (d), (f), and (g) of subsection (3) of
3101    section 400.805, Florida Statutes, are reenacted to read:
3102          400.805 Transitional living facilities.--
3103          (3) Each applicant for licensure must comply with the
3104    following requirements:
3105          (a) Upon receipt of a completed, signed, and dated
3106    application, the agency shall require background screening, in
3107    accordance with the level 2 standards for screening set forth in
3108    chapter 435, of the managing employee, or other similarly titled
3109    individual who is responsible for the daily operation of the
3110    facility, and of the financial officer, or other similarly
3111    titled individual who is responsible for the financial operation
3112    of the facility, including billings for client care and
3113    services. The applicant must comply with the procedures for
3114    level 2 background screening as set forth in chapter 435.
3115          (b) The agency may require background screening of any
3116    other individual who is an applicant if the agency has probable
3117    cause to believe that he or she has been convicted of a crime or
3118    has committed any other offense prohibited under the level 2
3119    standards for screening set forth in chapter 435.
3120          (c) Proof of compliance with the level 2 background
3121    screening requirements of chapter 435 which has been submitted
3122    within the previous 5 years in compliance with any other health
3123    care or assisted living licensure requirements of this state is
3124    acceptable in fulfillment of the requirements of paragraph (a).
3125          (d) A provisional license may be granted to an applicant
3126    when each individual required by this section to undergo
3127    background screening has met the standards for the Department of
3128    Law Enforcement background check, but the agency has not yet
3129    received background screening results from the Federal Bureau of
3130    Investigation, or a request for a disqualification exemption has
3131    been submitted to the agency as set forth in chapter 435, but a
3132    response has not yet been issued. A standard license may be
3133    granted to the applicant upon the agency's receipt of a report
3134    of the results of the Federal Bureau of Investigation background
3135    screening for each individual required by this section to
3136    undergo background screening which confirms that all standards
3137    have been met, or upon the granting of a disqualification
3138    exemption by the agency as set forth in chapter 435. Any other
3139    person who is required to undergo level 2 background screening
3140    may serve in his or her capacity pending the agency's receipt of
3141    the report from the Federal Bureau of Investigation. However,
3142    the person may not continue to serve if the report indicates any
3143    violation of background screening standards and a
3144    disqualification exemption has not been requested of and granted
3145    by the agency as set forth in chapter 435.
3146          (f) Each applicant must submit to the agency a description
3147    and explanation of any conviction of an offense prohibited under
3148    the level 2 standards of chapter 435 by a member of the board of
3149    directors of the applicant, its officers, or any individual
3150    owning 5 percent or more of the applicant. This requirement does
3151    not apply to a director of a not-for-profit corporation or
3152    organization if the director serves solely in a voluntary
3153    capacity for the corporation or organization, does not regularly
3154    take part in the day-to-day operational decisions of the
3155    corporation or organization, receives no remuneration for his or
3156    her services on the corporation or organization's board of
3157    directors, and has no financial interest and has no family
3158    members with a financial interest in the corporation or
3159    organization, provided that the director and the not-for-profit
3160    corporation or organization include in the application a
3161    statement affirming that the director's relationship to the
3162    corporation satisfies the requirements of this paragraph.
3163          (g) A license may not be granted to an applicant if the
3164    applicant or managing employee has been found guilty of,
3165    regardless of adjudication, or has entered a plea of nolo
3166    contendere or guilty to, any offense prohibited under the level
3167    2 standards for screening set forth in chapter 435, unless an
3168    exemption from disqualification has been granted by the agency
3169    as set forth in chapter 435.
3170          Section 54. For the purpose of incorporating the amendment
3171    to section 435.04, Florida Statutes, in references thereto,
3172    paragraphs (a), (b), (c), (d), (f), and (g) of subsection (5) of
3173    section 400.906, Florida Statutes, are reenacted to read:
3174          400.906 Initial application for license.--
3175          (5) Each applicant for licensure must comply with the
3176    following requirements:
3177          (a) Upon receipt of a completed, signed, and dated
3178    application, the agency shall require background screening, in
3179    accordance with the level 2 standards for screening set forth in
3180    chapter 435, of the operator, and of the financial officer, or
3181    other similarly titled individual who is responsible for the
3182    financial operation of the center, including billings for
3183    patient care and services. The applicant must comply with the
3184    procedures for level 2 background screening as set forth in
3185    chapter 435, as well as the requirements of s. 435.03(3).
3186          (b) The agency may require background screening of any
3187    other individual who is an applicant if the agency has a
3188    reasonable basis for believing that he or she has been convicted
3189    of a crime or has committed any other offense prohibited under
3190    the level 2 standards for screening set forth in chapter 435.
3191          (c) Proof of compliance with the level 2 background
3192    screening requirements of chapter 435 which has been submitted
3193    within the previous 5 years in compliance with any other health
3194    care licensure requirements of this state is acceptable in
3195    fulfillment of the requirements of paragraph (a).
3196          (d) A provisional license may be granted to an applicant
3197    when each individual required by this section to undergo
3198    background screening has met the standards for the Department of
3199    Law Enforcement background check, but the agency has not yet
3200    received background screening results from the Federal Bureau of
3201    Investigation, or a request for a disqualification exemption has
3202    been submitted to the agency as set forth in chapter 435, but a
3203    response has not yet been issued. A standard license may be
3204    granted to the applicant upon the agency's receipt of a report
3205    of the results of the Federal Bureau of Investigation background
3206    screening for each individual required by this section to
3207    undergo background screening which confirms that all standards
3208    have been met, or upon the granting of a disqualification
3209    exemption by the agency as set forth in chapter 435. Any other
3210    person who is required to undergo level 2 background screening
3211    may serve in his or her capacity pending the agency's receipt of
3212    the report from the Federal Bureau of Investigation. However,
3213    the person may not continue to serve if the report indicates any
3214    violation of background screening standards and a
3215    disqualification exemption has not been requested of and granted
3216    by the agency as set forth in chapter 435.
3217          (f) Each applicant must submit to the agency a description
3218    and explanation of any conviction of an offense prohibited under
3219    the level 2 standards of chapter 435 by a member of the board of
3220    directors of the applicant, its officers, or any individual
3221    owning 5 percent or more of the applicant. This requirement does
3222    not apply to a director of a not-for-profit corporation or
3223    organization if the director serves solely in a voluntary
3224    capacity for the corporation or organization, does not regularly
3225    take part in the day-to-day operational decisions of the
3226    corporation or organization, receives no remuneration for his or
3227    her services on the corporation or organization's board of
3228    directors, and has no financial interest and has no family
3229    members with a financial interest in the corporation or
3230    organization, provided that the director and the not-for-profit
3231    corporation or organization include in the application a
3232    statement affirming that the director's relationship to the
3233    corporation satisfies the requirements of this paragraph.
3234          (g) A license may not be granted to an applicant if the
3235    applicant or managing employee has been found guilty of,
3236    regardless of adjudication, or has entered a plea of nolo
3237    contendere or guilty to, any offense prohibited under the level
3238    2 standards for screening set forth in chapter 435, unless an
3239    exemption from disqualification has been granted by the agency
3240    as set forth in chapter 435.
3241          Section 55. For the purpose of incorporating the amendment
3242    to section 435.04, Florida Statutes, in references thereto,
3243    paragraphs (a), (b), (c), (e), and (f) of subsection (5) of
3244    section 400.931, Florida Statutes, are reenacted to read:
3245          400.931 Application for license; fee; provisional license;
3246    temporary permit.--
3247          (5) Each applicant for licensure must comply with the
3248    following requirements:
3249          (a) Upon receipt of a completed, signed, and dated
3250    application, the agency shall require background screening of
3251    the applicant, in accordance with the level 2 standards for
3252    screening set forth in chapter 435. As used in this subsection,
3253    the term "applicant" means the general manager and the financial
3254    officer or similarly titled individual who is responsible for
3255    the financial operation of the licensed facility.
3256          (b) The agency may require background screening for a
3257    member of the board of directors of the licensee or an officer
3258    or an individual owning 5 percent or more of the licensee if the
3259    agency has probable cause to believe that such individual has
3260    been convicted of an offense prohibited under the level 2
3261    standards for screening set forth in chapter 435.
3262          (c) Proof of compliance with the level 2 background
3263    screening requirements of chapter 435 which has been submitted
3264    within the previous 5 years in compliance with any other health
3265    care licensure requirements of this state is acceptable in
3266    fulfillment of paragraph (a).
3267          (e) Each applicant must submit to the agency a description
3268    and explanation of any conviction of an offense prohibited under
3269    the level 2 standards of chapter 435 by a member of the board of
3270    directors of the applicant, its officers, or any individual
3271    owning 5 percent or more of the applicant. This requirement does
3272    not apply to a director of a not-for-profit corporation or
3273    organization if the director serves solely in a voluntary
3274    capacity for the corporation or organization, does not regularly
3275    take part in the day-to-day operational decisions of the
3276    corporation or organization, receives no remuneration for his or
3277    her services on the corporation's or organization's board of
3278    directors, and has no financial interest and has no family
3279    members with a financial interest in the corporation or
3280    organization, provided that the director and the not-for-profit
3281    corporation or organization include in the application a
3282    statement affirming that the director's relationship to the
3283    corporation satisfies the requirements of this provision.
3284          (f) A license may not be granted to any potential licensee
3285    if any applicant, administrator, or financial officer has been
3286    found guilty of, regardless of adjudication, or has entered a
3287    plea of nolo contendere or guilty to, any offense prohibited
3288    under the level 2 standards for screening set forth in chapter
3289    435, unless an exemption from disqualification has been granted
3290    by the agency as set forth in chapter 435.
3291          Section 56. For the purpose of incorporating the amendment
3292    to section 435.04, Florida Statutes, in references thereto,
3293    paragraphs (a), (b), (c), (d), and (f) of subsection (10) of
3294    section 400.962, Florida Statutes, are reenacted to read:
3295          400.962 License required; license application.--
3296          (10)(a) Upon receipt of a completed, signed, and dated
3297    application, the agency shall require background screening of
3298    the applicant, in accordance with the level 2 standards for
3299    screening set forth in chapter 435. As used in this subsection,
3300    the term "applicant" means the facility administrator, or
3301    similarly titled individual who is responsible for the day-to-
3302    day operation of the licensed facility, and the facility
3303    financial officer, or similarly titled individual who is
3304    responsible for the financial operation of the licensed
3305    facility.
3306          (b) The agency may require background screening for a
3307    member of the board of directors of the licensee or an officer
3308    or an individual owning 5 percent or more of the licensee if the
3309    agency has probable cause to believe that such individual has
3310    been convicted of an offense prohibited under the level 2
3311    standards for screening set forth in chapter 435.
3312          (c) Proof of compliance with the level 2 background
3313    screening requirements of chapter 435 which has been submitted
3314    within the previous 5 years in compliance with any other
3315    licensure requirements under this chapter satisfies the
3316    requirements of paragraph (a). Proof of compliance with
3317    background screening which has been submitted within the
3318    previous 5 years to fulfill the requirements of the Financial
3319    Services Commission and the Office of Insurance Regulation under
3320    chapter 651 as part of an application for a certificate of
3321    authority to operate a continuing care retirement community
3322    satisfies the requirements for the Department of Law Enforcement
3323    and Federal Bureau of Investigation background checks.
3324          (d) A provisional license may be granted to an applicant
3325    when each individual required by this section to undergo
3326    background screening has met the standards for the Department of
3327    Law Enforcement background check, but the agency has not yet
3328    received background screening results from the Federal Bureau of
3329    Investigation, or a request for a disqualification exemption has
3330    been submitted to the agency as set forth in chapter 435, but a
3331    response has not yet been issued. A license may be granted to
3332    the applicant upon the agency's receipt of a report of the
3333    results of the Federal Bureau of Investigation background
3334    screening for each individual required by this section to
3335    undergo background screening which confirms that all standards
3336    have been met, or upon the granting of a disqualification
3337    exemption by the agency as set forth in chapter 435. Any other
3338    person who is required to undergo level 2 background screening
3339    may serve in his or her capacity pending the agency's receipt of
3340    the report from the Federal Bureau of Investigation; however,
3341    the person may not continue to serve if the report indicates any
3342    violation of background screening standards and a
3343    disqualification exemption has not been granted by the agency as
3344    set forth in chapter 435.
3345          (f) Each applicant must submit to the agency a description
3346    and explanation of any conviction of an offense prohibited under
3347    the level 2 standards of chapter 435 by a member of the board of
3348    directors of the applicant, its officers, or any individual
3349    owning 5 percent or more of the applicant. This requirement does
3350    not apply to a director of a not-for-profit corporation or
3351    organization if the director serves solely in a voluntary
3352    capacity for the corporation or organization, does not regularly
3353    take part in the day-to-day operational decisions of the
3354    corporation or organization, receives no remuneration for his or
3355    her services on the corporation's or organization's board of
3356    directors, and has no financial interest and has no family
3357    members with a financial interest in the corporation or
3358    organization, provided that the director and the not-for-profit
3359    corporation or organization include in the application a
3360    statement affirming that the director's relationship to the
3361    corporation satisfies the requirements of this paragraph.
3362          Section 57. For the purpose of incorporating the amendment
3363    to section 435.04, Florida Statutes, in references thereto,
3364    paragraphs (b) and (d) of subsection (7) of section 400.991,
3365    Florida Statutes, are reenacted to read:
3366          400.991 License requirements; background screenings;
3367    prohibitions.--
3368          (7) Each applicant for licensure shall comply with the
3369    following requirements:
3370          (b) Upon receipt of a completed, signed, and dated
3371    application, the agency shall require background screening of
3372    the applicant, in accordance with the level 2 standards for
3373    screening set forth in chapter 435. Proof of compliance with the
3374    level 2 background screening requirements of chapter 435 which
3375    has been submitted within the previous 5 years in compliance
3376    with any other health care licensure requirements of this state
3377    is acceptable in fulfillment of this paragraph.
3378          (d) A license may not be granted to a clinic if the
3379    applicant has been found guilty of, regardless of adjudication,
3380    or has entered a plea of nolo contendere or guilty to, any
3381    offense prohibited under the level 2 standards for screening set
3382    forth in chapter 435, or a violation of insurance fraud under s.
3383    817.234, within the past 5 years. If the applicant has been
3384    convicted of an offense prohibited under the level 2 standards
3385    or insurance fraud in any jurisdiction, the applicant must show
3386    that his or her civil rights have been restored prior to
3387    submitting an application.
3388          Section 58. For the purpose of incorporating the amendment
3389    to section 435.04, Florida Statutes, in references thereto,
3390    paragraph (e) of subsection (2) of section 402.302, Florida
3391    Statutes, is reenacted to read:
3392          402.302 Definitions.--
3393          (2) "Child care facility" includes any child care center
3394    or child care arrangement which provides child care for more
3395    than five children unrelated to the operator and which receives
3396    a payment, fee, or grant for any of the children receiving care,
3397    wherever operated, and whether or not operated for profit. The
3398    following are not included:
3399          (e) Operators of transient establishments, as defined in
3400    chapter 509, which provide child care services solely for the
3401    guests of their establishment or resort, provided that all child
3402    care personnel of the establishment are screened according to
3403    the level 2 screening requirements of chapter 435.
3404          Section 59. For the purpose of incorporating the amendment
3405    to section 435.04, Florida Statutes, in references thereto,
3406    paragraph (a) of subsection (2) of section 402.305, Florida
3407    Statutes, is reenacted to read:
3408          402.305 Licensing standards; child care facilities.--
3409          (2) PERSONNEL.--Minimum standards for child care personnel
3410    shall include minimum requirements as to:
3411          (a) Good moral character based upon screening. This
3412    screening shall be conducted as provided in chapter 435, using
3413    the level 2 standards for screening set forth in that chapter.
3414          Section 60. For the purpose of incorporating the amendment
3415    to section 435.04, Florida Statutes, in references thereto,
3416    subsection (3) of section 402.3054, Florida Statutes, is
3417    reenacted to read:
3418          402.3054 Child enrichment service providers.--
3419          (3) A child enrichment service provider shall be of good
3420    moral character based upon screening. This screening shall be
3421    conducted as provided in chapter 435, using the level 2
3422    standards for screening set forth in that chapter. A child
3423    enrichment service provider must meet the screening requirements
3424    prior to providing services to a child in a child care facility.
3425    A child enrichment service provider who has met the screening
3426    standards shall not be required to be under the direct and
3427    constant supervision of child care personnel.
3428          Section 61. For the purpose of incorporating the amendment
3429    to section 435.04, Florida Statutes, in references thereto,
3430    paragraphs (a), (b), (c), (d), (f), and (g) of subsection (2) of
3431    section 483.30, Florida Statutes, are reenacted to read:
3432          483.30 Licensing of centers.--
3433          (2) Each applicant for licensure must comply with the
3434    following requirements:
3435          (a) Upon receipt of a completed, signed, and dated
3436    application, the agency shall require background screening, in
3437    accordance with the level 2 standards for screening set forth in
3438    chapter 435, of the managing employee, or other similarly titled
3439    individual who is responsible for the daily operation of the
3440    center, and of the financial officer, or other similarly titled
3441    individual who is responsible for the financial operation of the
3442    center, including billings for patient services. The applicant
3443    must comply with the procedures for level 2 background screening
3444    as set forth in chapter 435, as well as the requirements of s.
3445    435.03(3).
3446          (b) The agency may require background screening of any
3447    other individual who is an applicant if the agency has probable
3448    cause to believe that he or she has been convicted of a crime or
3449    has committed any other offense prohibited under the level 2
3450    standards for screening set forth in chapter 435.
3451          (c) Proof of compliance with the level 2 background
3452    screening requirements of chapter 435 which has been submitted
3453    within the previous 5 years in compliance with any other health
3454    care licensure requirements of this state is acceptable in
3455    fulfillment of the requirements of paragraph (a).
3456          (d) A provisional license may be granted to an applicant
3457    when each individual required by this section to undergo
3458    background screening has met the standards for the Department of
3459    Law Enforcement background check, but the agency has not yet
3460    received background screening results from the Federal Bureau of
3461    Investigation, or a request for a disqualification exemption has
3462    been submitted to the agency as set forth in chapter 435 but a
3463    response has not yet been issued. A license may be granted to
3464    the applicant upon the agency's receipt of a report of the
3465    results of the Federal Bureau of Investigation background
3466    screening for each individual required by this section to
3467    undergo background screening which confirms that all standards
3468    have been met, or upon the granting of a disqualification
3469    exemption by the agency as set forth in chapter 435. Any other
3470    person who is required to undergo level 2 background screening
3471    may serve in his or her capacity pending the agency's receipt of
3472    the report from the Federal Bureau of Investigation. However,
3473    the person may not continue to serve if the report indicates any
3474    violation of background screening standards and a
3475    disqualification exemption has not been requested of and granted
3476    by the agency as set forth in chapter 435.
3477          (f) Each applicant must submit to the agency a description
3478    and explanation of any conviction of an offense prohibited under
3479    the level 2 standards of chapter 435 by a member of the board of
3480    directors of the applicant, its officers, or any individual
3481    owning 5 percent or more of the applicant. This requirement does
3482    not apply to a director of a not-for-profit corporation or
3483    organization if the director serves solely in a voluntary
3484    capacity for the corporation or organization, does not regularly
3485    take part in the day-to-day operational decisions of the
3486    corporation or organization, receives no remuneration for his or
3487    her services on the corporation or organization's board of
3488    directors, and has no financial interest and has no family
3489    members with a financial interest in the corporation or
3490    organization, provided that the director and the not-for-profit
3491    corporation or organization include in the application a
3492    statement affirming that the director's relationship to the
3493    corporation satisfies the requirements of this paragraph.
3494          (g) A license may not be granted to an applicant if the
3495    applicant or managing employee has been found guilty of,
3496    regardless of adjudication, or has entered a plea of nolo
3497    contendere or guilty to, any offense prohibited under the level
3498    2 standards for screening set forth in chapter 435, unless an
3499    exemption from disqualification has been granted by the agency
3500    as set forth in chapter 435.
3501          Section 62. For the purpose of incorporating the amendment
3502    to section 435.04, Florida Statutes, in references thereto,
3503    paragraphs (a), (b), (c), (d), (f), and (g) of subsection (2) of
3504    section 483.101, Florida Statutes, are reenacted to read:
3505          483.101 Application for clinical laboratory license.--
3506          (2) Each applicant for licensure must comply with the
3507    following requirements:
3508          (a) Upon receipt of a completed, signed, and dated
3509    application, the agency shall require background screening, in
3510    accordance with the level 2 standards for screening set forth in
3511    chapter 435, of the managing director or other similarly titled
3512    individual who is responsible for the daily operation of the
3513    laboratory and of the financial officer, or other similarly
3514    titled individual who is responsible for the financial operation
3515    of the laboratory, including billings for patient services. The
3516    applicant must comply with the procedures for level 2 background
3517    screening as set forth in chapter 435, as well as the
3518    requirements of s. 435.03(3).
3519          (b) The agency may require background screening of any
3520    other individual who is an applicant if the agency has probable
3521    cause to believe that he or she has been convicted of a crime or
3522    has committed any other offense prohibited under the level 2
3523    standards for screening set forth in chapter 435.
3524          (c) Proof of compliance with the level 2 background
3525    screening requirements of chapter 435 which has been submitted
3526    within the previous 5 years in compliance with any other health
3527    care licensure requirements of this state is acceptable in
3528    fulfillment of the requirements of paragraph (a).
3529          (d) A provisional license may be granted to an applicant
3530    when each individual required by this section to undergo
3531    background screening has met the standards for the Department of
3532    Law Enforcement background check but the agency has not yet
3533    received background screening results from the Federal Bureau of
3534    Investigation, or a request for a disqualification exemption has
3535    been submitted to the agency as set forth in chapter 435 but a
3536    response has not yet been issued. A license may be granted to
3537    the applicant upon the agency's receipt of a report of the
3538    results of the Federal Bureau of Investigation background
3539    screening for each individual required by this section to
3540    undergo background screening which confirms that all standards
3541    have been met, or upon the granting of a disqualification
3542    exemption by the agency as set forth in chapter 435. Any other
3543    person who is required to undergo level 2 background screening
3544    may serve in his or her capacity pending the agency's receipt of
3545    the report from the Federal Bureau of Investigation. However,
3546    the person may not continue to serve if the report indicates any
3547    violation of background screening standards and a
3548    disqualification exemption has not been requested of and granted
3549    by the agency as set forth in chapter 435.
3550          (f) Each applicant must submit to the agency a description
3551    and explanation of any conviction of an offense prohibited under
3552    the level 2 standards of chapter 435 by a member of the board of
3553    directors of the applicant, its officers, or any individual
3554    owning 5 percent or more of the applicant. This requirement does
3555    not apply to a director of a not-for-profit corporation or
3556    organization if the director serves solely in a voluntary
3557    capacity for the corporation or organization, does not regularly
3558    take part in the day-to-day operational decisions of the
3559    corporation or organization, receives no remuneration for his or
3560    her services on the corporation or organization's board of
3561    directors, and has no financial interest and has no family
3562    members with a financial interest in the corporation or
3563    organization, provided that the director and the not-for-profit
3564    corporation or organization include in the application a
3565    statement affirming that the director's relationship to the
3566    corporation satisfies the requirements of this paragraph.
3567          (g) A license may not be granted to an applicant if the
3568    applicant or managing employee has been found guilty of,
3569    regardless of adjudication, or has entered a plea of nolo
3570    contendere or guilty to, any offense prohibited under the level
3571    2 standards for screening set forth in chapter 435, unless an
3572    exemption from disqualification has been granted by the agency
3573    as set forth in chapter 435.
3574          Section 63. For the purpose of incorporating the amendment
3575    to section 435.04, Florida Statutes, in references thereto,
3576    subsection (5) of section 744.1085, Florida Statutes, is
3577    reenacted to read:
3578          744.1085 Regulation of professional guardians;
3579    application; bond required; educational requirements.--
3580          (5) As required in s. 744.3135, each professional guardian
3581    shall allow a level 2 background screening of the guardian and
3582    employees of the guardian in accordance with the provisions of
3583    s. 435.04.
3584          Section 64. For the purpose of incorporating the amendment
3585    to section 435.04, Florida Statutes, in references thereto,
3586    paragraph (b) of subsection (2) of section 984.01, Florida
3587    Statutes, is reenacted to read:
3588          984.01 Purposes and intent; personnel standards and
3589    screening.--
3590          (2) The Department of Juvenile Justice or the Department
3591    of Children and Family Services, as appropriate, may contract
3592    with the Federal Government, other state departments and
3593    agencies, county and municipal governments and agencies, public
3594    and private agencies, and private individuals and corporations
3595    in carrying out the purposes of, and the responsibilities
3596    established in, this chapter.
3597          (b) The Department of Juvenile Justice and the Department
3598    of Children and Family Services shall require employment
3599    screening pursuant to chapter 435, using the level 2 standards
3600    set forth in that chapter for personnel in programs for children
3601    or youths.
3602          Section 65. For the purpose of incorporating the amendment
3603    to section 435.04, Florida Statutes, in references thereto,
3604    paragraph (b) of subsection (2) of section 985.01, Florida
3605    Statutes, is reenacted to read:
3606          985.01 Purposes and intent; personnel standards and
3607    screening.--
3608          (2) The Department of Juvenile Justice or the Department
3609    of Children and Family Services, as appropriate, may contract
3610    with the Federal Government, other state departments and
3611    agencies, county and municipal governments and agencies, public
3612    and private agencies, and private individuals and corporations
3613    in carrying out the purposes of, and the responsibilities
3614    established in, this chapter.
3615          (b) The Department of Juvenile Justice and the Department
3616    of Children and Family Services shall require employment
3617    screening pursuant to chapter 435, using the level 2 standards
3618    set forth in that chapter for personnel in programs for children
3619    or youths.
3620          Section 66. For the purpose of incorporating the amendment
3621    to section 435.04, Florida Statutes, in references thereto,
3622    paragraphs (a) and (b) of subsection (7) of section 1002.36,
3623    Florida Statutes, are reenacted to read:
3624          1002.36 Florida School for the Deaf and the Blind.--
3625          (7) PERSONNEL SCREENING.--
3626          (a) The Board of Trustees of the Florida School for the
3627    Deaf and the Blind shall, because of the special trust or
3628    responsibility of employees of the school, require all employees
3629    and applicants for employment to undergo personnel screening and
3630    security background investigations as provided in chapter 435,
3631    using the level 2 standards for screening set forth in that
3632    chapter, as a condition of employment and continued employment.
3633    The cost of a personnel screening and security background
3634    investigation for an employee of the school shall be paid by the
3635    school. The cost of such a screening and investigation for an
3636    applicant for employment may be paid by the school.
3637          (b) As a prerequisite for initial and continuing
3638    employment at the Florida School for the Deaf and the Blind:
3639          1. The applicant or employee shall submit to the Florida
3640    School for the Deaf and the Blind a complete set of fingerprints
3641    taken by an authorized law enforcement agency or an employee of
3642    the Florida School for the Deaf and the Blind who is trained to
3643    take fingerprints. The Florida School for the Deaf and the Blind
3644    shall submit the fingerprints to the Department of Law
3645    Enforcement for state processing and the Federal Bureau of
3646    Investigation for federal processing.
3647          2.a. The applicant or employee shall attest to the minimum
3648    standards for good moral character as contained in chapter 435,
3649    using the level 2 standards set forth in that chapter under
3650    penalty of perjury.
3651          b. New personnel shall be on a probationary status pending
3652    a determination of compliance with such minimum standards for
3653    good moral character. This paragraph is in addition to any
3654    probationary status provided for by Florida law or Florida
3655    School for the Deaf and the Blind rules or collective bargaining
3656    contracts.
3657          3. The Florida School for the Deaf and the Blind shall
3658    review the record of the applicant or employee with respect to
3659    the crimes contained in s. 435.04 and shall notify the applicant
3660    or employee of its findings. When disposition information is
3661    missing on a criminal record, it shall be the responsibility of
3662    the applicant or employee, upon request of the Florida School
3663    for the Deaf and the Blind, to obtain and supply within 30 days
3664    the missing disposition information to the Florida School for
3665    the Deaf and the Blind. Failure to supply missing information
3666    within 30 days or to show reasonable efforts to obtain such
3667    information shall result in automatic disqualification of an
3668    applicant and automatic termination of an employee.
3669          4. After an initial personnel screening and security
3670    background investigation, written notification shall be given to
3671    the affected employee within a reasonable time prior to any
3672    subsequent screening and investigation.
3673          Section 67. For the purpose of incorporating the
3674    amendments to sections 943.0585 and 943.059, Florida Statutes,
3675    in references thereto, paragraph (a) of subsection (2) and
3676    subsection (6) of section 943.0582, Florida Statutes, are
3677    reenacted to read:
3678          943.0582 Prearrest, postarrest, or teen court diversion
3679    program expunction.--
3680          (2)(a) As used in this section, the term "expunction" has
3681    the same meaning ascribed in and effect as s. 943.0585, except
3682    that:
3683          1. The provisions of s. 943.0585(4)(a) do not apply,
3684    except that the criminal history record of a person whose record
3685    is expunged pursuant to this section shall be made available
3686    only to criminal justice agencies for the purpose of determining
3687    eligibility for prearrest, postarrest, or teen court diversion
3688    programs; when the record is sought as part of a criminal
3689    investigation; or when the subject of the record is a candidate
3690    for employment with a criminal justice agency. For all other
3691    purposes, a person whose record is expunged under this section
3692    may lawfully deny or fail to acknowledge the arrest and the
3693    charge covered by the expunged record.
3694          2. Records maintained by local criminal justice agencies
3695    in the county in which the arrest occurred that are eligible for
3696    expunction pursuant to this section shall be sealed as the term
3697    is used in s. 943.059.
3698          (6) Expunction or sealing granted under this section does
3699    not prevent the minor who receives such relief from petitioning
3700    for the expunction or sealing of a later criminal history record
3701    as provided for in ss. 943.0585 and 943.059, if the minor is
3702    otherwise eligible under those sections.
3703          Section 68. For the purpose of incorporating the amendment
3704    to section 943.059, Florida Statutes, in references thereto,
3705    subsections (7), (8), and (9) of section 943.053, Florida
3706    Statutes, are reenacted to read:
3707          943.053 Dissemination of criminal justice information;
3708    fees.--
3709          (7) Notwithstanding the provisions of s. 943.0525, and any
3710    user agreements adopted pursuant thereto, and notwithstanding
3711    the confidentiality of sealed records as provided for in s.
3712    943.059, the sheriff of any county that has contracted with a
3713    private entity to operate a county detention facility pursuant
3714    to the provisions of s. 951.062 shall provide that private
3715    entity, in a timely manner, copies of the Florida criminal
3716    history records for its inmates. The sheriff may assess a charge
3717    for the Florida criminal history records pursuant to the
3718    provisions of chapter 119. Sealed records received by the
3719    private entity under this section remain confidential and exempt
3720    from the provisions of s. 119.07(1).
3721          (8) Notwithstanding the provisions of s. 943.0525, and any
3722    user agreements adopted pursuant thereto, and notwithstanding
3723    the confidentiality of sealed records as provided for in s.
3724    943.059, the Department of Corrections shall provide, in a
3725    timely manner, copies of the Florida criminal history records
3726    for inmates housed in a private state correctional facility to
3727    the private entity under contract to operate the facility
3728    pursuant to the provisions of s. 944.105 or s. 957.03. The
3729    department may assess a charge for the Florida criminal history
3730    records pursuant to the provisions of chapter 119. Sealed
3731    records received by the private entity under this section remain
3732    confidential and exempt from the provisions of s. 119.07(1).
3733          (9) Notwithstanding the provisions of s. 943.0525 and any
3734    user agreements adopted pursuant thereto, and notwithstanding
3735    the confidentiality of sealed records as provided for in s.
3736    943.059, the Department of Juvenile Justice or any other state
3737    or local criminal justice agency may provide copies of the
3738    Florida criminal history records for juvenile offenders
3739    currently or formerly detained or housed in a contracted
3740    juvenile assessment center or detention facility or serviced in
3741    a contracted treatment program and for employees or other
3742    individuals who will have access to these facilities, only to
3743    the entity under direct contract with the Department of Juvenile
3744    Justice to operate these facilities or programs pursuant to the
3745    provisions of s. 985.411. The criminal justice agency providing
3746    such data may assess a charge for the Florida criminal history
3747    records pursuant to the provisions of chapter 119. Sealed
3748    records received by the private entity under this section remain
3749    confidential and exempt from the provisions of s. 119.07(1).
3750    Information provided under this section shall be used only for
3751    the criminal justice purpose for which it was requested and may
3752    not be further disseminated.
3753          Section 69. The creation of sections 393.135, 394.4593,
3754    and 916.1075, Florida Statutes, by this act shall apply to
3755    offenses committed on or after the effective date of this act.
3756          Section 70. This act shall take effect July 1, 2004.
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