August 21, 2019
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_h7069__
HB 7069

1
A bill to be entitled
2An act relating to background screening; amending s.
339.821, F.S.; revising background screening requirements
4for the Guardian Ad Litem Program; amending s. 215.5586,
5F.S.; removing reference to chapter 435, F.S., for
6background screening of hurricane mitigation inspectors;
7amending s. 393.0655, F.S.; adding additional
8disqualifying offenses for the screening of direct service
9providers for persons with developmental disabilities;
10amending s. 394.4572, F.S.; revising background screening
11requirements for mental health personnel; amending s.
12400.215, F.S.; revising background screening requirements
13for nursing home personnel; amending s. 400.506, F.S.;
14conforming provisions to changes made by the act; amending
15s. 400.512, F.S.; revising background screening
16requirements for home health agency personnel, nurse
17registry personnel, and companions and homemakers;
18amending s. 400.6065, F.S.; revising background screening
19requirements for hospices; amending s. 400.801, F.S.;
20revising background screening requirements for homes for
21special services; amending s. 400.805, F.S.; revising
22background screening requirements for transitional living
23facilities; creating s. 400.9065, F.S.; providing
24background screening requirements for prescribed pediatric
25extended care centers; amending s. 400.934, F.S.; revising
26minimum standards for home medical equipment providers;
27amending s. 400.953, F.S.; revising background screening
28requirements for home medical equipment providers;
29repealing s. 400.955, F.S., relating to the procedures for
30screening of home medical equipment provider personnel;
31amending s. 400.964, F.S.; revising background screening
32requirements for intermediate care facilities for
33developmentally disabled persons; amending s. 400.980,
34F.S.; revising background screening requirements for
35health care services pools; amending s. 400.991, F.S.;
36revising background screening requirements for health care
37clinics; amending s. 408.806, F.S.; adding a requirement
38for an affidavit relating to background screening to the
39license application process under the Agency for Health
40Care Administration; amending s. 408.808, F.S.; conforming
41provisions to changes made by the act; amending s.
42408.809, F.S.; revising background screening requirements
43under the Agency for Health Care Administration; requiring
44electronic submission of fingerprints; amending s.
45409.175, F.S.; revising background screening requirements
46for employees and volunteers in summer day camps and
47summer 24-hour camps; amending s. 409.221, F.S.; revising
48background screening requirements for persons who render
49consumer-directed care; amending s. 409.907, F.S.;
50revising background screening requirements for Medicaid
51providers; amending s. 429.14, F.S.; revising
52administrative penalty provisions relating to assisted
53living facilities; amending s. 429.174, F.S.; revising
54background screening requirements for assisted living
55facilities; amending s. 429.67, F.S.; revising licensure
56requirements for adult family-care homes; amending s.
57429.69, F.S.; revising background screening requirements
58for adult family-care homes; amending s. 429.911, F.S.;
59revising administrative penalty provisions relating to
60adult day care centers; amending s. 429.919, F.S.;
61revising background screening requirements for adult day
62care centers; creating s. 430.60, F.S.; providing
63background screening requirements for direct service
64providers under the Department of Elderly Affairs;
65amending s. 435.01, F.S.; revising provisions related to
66the applicability of the chapter, statutory references to
67the chapter, and rulemaking; providing construction with
68respect to the doctrine of incorporation by reference;
69amending s. 435.02, F.S.; revising and adding definitions;
70amending s. 435.03, F.S.; revising level 1 screening
71standards; adding disqualifying offenses; amending s.
72435.04, F.S.; revising level 2 screening standards;
73requiring electronic submission of fingerprints after a
74certain date; authorizing agencies to contract for
75electronic fingerprinting; adding disqualifying offenses;
76amending s. 435.05, F.S.; revising background check
77requirements for covered employees and employers; amending
78s. 435.06, F.S.; revising provisions relating to exclusion
79from employment; providing that an employer may not hire,
80select, or otherwise allow an employee contact with any
81vulnerable person until the screening process is
82completed; requiring removal of an employee arrested for
83disqualifying offenses from roles requiring background
84screening until the employee's eligibility for employment
85determined; amending s. 435.07, F.S.; revising provisions
86relating to exemptions from disqualification; amending s.
87435.08, F.S.; revising provisions relating to the payment
88for processing of fingerprints and criminal history
89records checks; amending s. 464.203, F.S.; conforming
90provisions to changes made by the act; amending s.
91489.115, F.S.; removing reference to chapter 435, F.S.,
92for background screening of construction contractors;
93amending s. 943.05, F.S.; revising provisions relating to
94the Criminal Justice Information Program under the
95Department of Law Enforcement; authorizing agencies to
96request the retention of certain fingerprints by the
97department; providing for rulemaking to require employers
98to keep the agencies informed of any change in the
99affiliation, employment, or contractual status of each
100person whose fingerprints are retained in certain
101circumstances; providing departmental duties upon
102notification that a federal fingerprint retention program
103is in effect; amending s. 943.053, F.S.; removing obsolete
104references relating to the dissemination of criminal
105justice information; amending s. 985.644, F.S.; revising
106background screening requirements for the Department of
107Juvenile Justice; authorizing rulemaking; amending ss.
108381.60225, 409.912, 464.018, 468.3101, 744.309, 744.474,
109and 985.04, F.S.; conforming provisions to changes made to
110ch. 435, F.S., by this act; providing for prospective
111application of the act; providing an effective date.
112
113Be It Enacted by the Legislature of the State of Florida:
114
115     Section 1.  Subsection (1) of section 39.821, Florida
116Statutes, is amended to read:
117     39.821  Qualifications of guardians ad litem.-
118     (1)  Because of the special trust or responsibility placed
119in a guardian ad litem, the Guardian Ad Litem Program may use
120any private funds collected by the program, or any state funds
121so designated, to conduct a security background investigation
122before certifying a volunteer to serve. A security background
123investigation must include, but need not be limited to,
124employment history checks, checks of references, local criminal
125records checks through local law enforcement agencies, and
126statewide criminal records checks through the Department of Law
127Enforcement. Upon request, an employer shall furnish a copy of
128the personnel record for the employee or former employee who is
129the subject of a security background investigation conducted
130under this section. The information contained in the personnel
131record may include, but need not be limited to, disciplinary
132matters and the reason why the employee was terminated from
133employment. An employer who releases a personnel record for
134purposes of a security background investigation is presumed to
135have acted in good faith and is not liable for information
136contained in the record without a showing that the employer
137maliciously falsified the record. A security background
138investigation conducted under this section must ensure that a
139person is not certified as a guardian ad litem if the person has
140been convicted of, regardless of adjudication, or entered a plea
141of nolo contendere or guilty to, any offense prohibited under
142the provisions listed in s. 435.04. All applicants certified
143after July 1, 2010, must undergo a level 2 background screening
144pursuant to chapter 435 before being certified the provisions of
145the Florida Statutes specified in s. 435.04(2) or under any
146similar law in another jurisdiction. Before certifying an
147applicant to serve as a guardian ad litem, the Guardian Ad Litem
148Program may request a federal criminal records check of the
149applicant through the Federal Bureau of Investigation. In
150analyzing and evaluating the information obtained in the
151security background investigation, the program must give
152particular emphasis to past activities involving children,
153including, but not limited to, child-related criminal offenses
154or child abuse. The program has the sole discretion in
155determining whether to certify a person based on his or her
156security background investigation. The information collected
157pursuant to the security background investigation is
158confidential and exempt from s. 119.07(1).
159     Section 2.  Paragraph (b) of subsection (1) of section
160215.5586, Florida Statutes, is amended to read:
161     215.5586  My Safe Florida Home Program.-There is
162established within the Department of Financial Services the My
163Safe Florida Home Program. The department shall provide fiscal
164accountability, contract management, and strategic leadership
165for the program, consistent with this section. This section does
166not create an entitlement for property owners or obligate the
167state in any way to fund the inspection or retrofitting of
168residential property in this state. Implementation of this
169program is subject to annual legislative appropriations. It is
170the intent of the Legislature that the My Safe Florida Home
171Program provide trained and certified inspectors to perform
172inspections for owners of site-built, single-family, residential
173properties and grants to eligible applicants as funding allows.
174The program shall develop and implement a comprehensive and
175coordinated approach for hurricane damage mitigation that may
176include the following:
177     (1)  HURRICANE MITIGATION INSPECTIONS.-
178     (b)  To qualify for selection by the department as a wind
179certification entity to provide hurricane mitigation
180inspections, the entity shall, at a minimum, meet the following
181requirements:
182     1.  Use hurricane mitigation inspectors who:
183     a.  Are certified as a building inspector under s. 468.607;
184     b.  Are licensed as a general or residential contractor
185under s. 489.111;
186     c.  Are licensed as a professional engineer under s.
187471.015 and who have passed the appropriate equivalency test of
188the building code training program as required by s. 553.841;
189     d.  Are licensed as a professional architect under s.
190481.213; or
191     e.  Have at least 2 years of experience in residential
192construction or residential building inspection and have
193received specialized training in hurricane mitigation
194procedures. Such training may be provided by a class offered
195online or in person.
196     2.  Use hurricane mitigation inspectors who also:
197     a.  Have undergone drug testing and a level 2 background
198screening checks pursuant to s. 435.04. The department may
199conduct criminal record checks of inspectors used by wind
200certification entities. Inspectors must submit a set of the
201fingerprints to the department for state and national criminal
202history checks and must pay the fingerprint processing fee set
203forth in s. 624.501. The fingerprints shall be sent by the
204department to the Department of Law Enforcement and forwarded to
205the Federal Bureau of Investigation for processing. The results
206shall be returned to the department for screening. The
207fingerprints shall be taken by a law enforcement agency,
208designated examination center, or other department-approved
209entity; and
210     b.  Have been certified, in a manner satisfactory to the
211department, to conduct the inspections.
212     3.  Provide a quality assurance program including a
213reinspection component.
214     Section 3.  Subsection (5) is added to section 393.0655,
215Florida Statutes, to read:
216     393.0655  Screening of direct service providers.-
217     (5)  DISQUALIFYING OFFENSES.-The background screening
218conducted under this section must ensure that, in addition to
219the disqualifying offenses listed in s. 435.04, no person
220subject to the provisions of this section has been found guilty
221of, regardless of adjudication, or entered a plea of nolo
222contendere or guilty to, any offense prohibited under any of the
223following provisions of the Florida Statutes or under any
224similar statute of another jurisdiction:
225     (a)  Any authorizing statutes, if the offense was a felony.
226     (b)  This chapter, if the offense was a felony.
227     (c)  Section 409.920, relating to Medicaid provider fraud.
228     (d)  Section 409.9201, relating to Medicaid fraud.
229     (e)  Section 817.034, relating to fraudulent acts through
230mail, wire, radio, electromagnetic, photoelectronic, or
231photooptical systems.
232     (f)  Section 817.234, relating to false and fraudulent
233insurance claims.
234     (g)  Section 817.505, relating to patient brokering.
235     (h)  Section 817.568, relating to criminal use of personal
236identification information.
237     (i)  Section 817.60, relating to obtaining a credit card
238through fraudulent means.
239     (j)  Section 817.61, relating to fraudulent use of credit
240cards, if the offense was a felony.
241     (k)  Section 831.01, relating to forgery.
242     (l)  Section 831.02, relating to uttering forged
243instruments.
244     (m)  Section 831.07, relating to forging bank bills,
245checks, drafts, or promissory notes.
246     (n)  Section 831.09, relating to uttering forged bank
247bills, checks, drafts, or promissory notes.
248     Section 4.  Section 394.4572, Florida Statutes, is amended
249to read:
250     394.4572  Screening of mental health personnel.-
251     (1)(a)  The department and the Agency for Health Care
252Administration shall require level 2 background employment
253screening pursuant to chapter 435 for mental health personnel
254using the standards for level 2 screening set forth in chapter
255435. "Mental health personnel" includes all program directors,
256professional clinicians, staff members, and volunteers working
257in public or private mental health programs and facilities who
258have direct contact with individuals held for examination or
259admitted for mental health treatment unmarried patients under
260the age of 18 years. For purposes of this chapter, employment
261screening of mental health personnel shall also include, but is
262not limited to, employment screening as provided under chapter
263435 and s. 408.809.
264     (b)  Students in the health care professions who are
265interning in a mental health facility licensed under chapter
266395, where the primary purpose of the facility is not the
267treatment of minors, are exempt from the fingerprinting and
268screening requirements, if provided they are under direct
269supervision in the actual physical presence of a licensed health
270care professional.
271     (c)  Mental health personnel working in a facility licensed
272under chapter 395 who have less than 15 hours per week of direct
273contact with patients or who are health care professionals
274licensed by the Agency for Health Care Administration or a board
275thereunder are exempt from the fingerprinting and screening
276requirements, except for persons working in mental health
277facilities where the primary purpose of the facility is the
278treatment of minors.
279     (d)  A volunteer who assists on an intermittent basis for
280less than 40 hours per month is exempt from the fingerprinting
281and screening requirements, provided the volunteer is under
282direct and constant supervision by persons who meet the
283screening requirements of paragraph (a).
284     (2)  The department or the Agency for Health Care
285Administration may grant exemptions from disqualification as
286provided in chapter 435 s. 435.06.
287     (3)  Prospective mental health personnel who have
288previously been fingerprinted or screened pursuant to this
289chapter, chapter 393, chapter 397, chapter 402, or chapter 409,
290or teachers who have been fingerprinted pursuant to chapter
2911012, who have not been unemployed for more than 90 days
292thereafter, and who under the penalty of perjury attest to the
293completion of such fingerprinting or screening and to compliance
294with the provisions of this section and the standards for level
2951 screening contained in chapter 435, shall not be required to
296be refingerprinted or rescreened in order to comply with any
297screening requirements of this part.
298     Section 5.  Section 400.215, Florida Statutes, is amended
299to read:
300     400.215  Personnel screening requirement.-
301     (1)  The agency shall require level 2 background screening
302for personnel as required in s. 408.809(1)(e) pursuant to as
303provided in chapter 435 and s. 408.809. for all employees or
304prospective employees of facilities licensed under this part who
305are expected to, or whose responsibilities may require them to:
306     (a)  Provide personal care or services to residents;
307     (b)  Have access to resident living areas; or
308     (c)  Have access to resident funds or other personal
309property.
310     (2)  Employers and employees shall comply with the
311requirements of s. 435.05.
312     (a)  Notwithstanding the provisions of s. 435.05(1),
313facilities must have in their possession evidence that level 1
314screening has been completed before allowing an employee to
315begin working with patients as provided in subsection (1). All
316information necessary for conducting background screening using
317level 1 standards as specified in s. 435.03 shall be submitted
318by the nursing facility to the agency. Results of the background
319screening shall be provided by the agency to the requesting
320nursing facility.
321     (b)  Employees qualified under the provisions of paragraph
322(a) who have not maintained continuous residency within the
323state for the 5 years immediately preceding the date of request
324for background screening must complete level 2 screening, as
325provided in chapter 435. Such employees may work in a
326conditional status up to 180 days pending the receipt of written
327findings evidencing the completion of level 2 screening. Level 2
328screening shall not be required of employees or prospective
329employees who attest in writing under penalty of perjury that
330they meet the residency requirement. Completion of level 2
331screening shall require the employee or prospective employee to
332furnish to the nursing facility a full set of fingerprints to
333enable a criminal background investigation to be conducted. The
334nursing facility shall submit the completed fingerprint card to
335the agency. The agency shall establish a record of the request
336in the database provided for in paragraph (c) and forward the
337request to the Department of Law Enforcement, which is
338authorized to submit the fingerprints to the Federal Bureau of
339Investigation for a national criminal history records check. The
340results of the national criminal history records check shall be
341returned to the agency, which shall maintain the results in the
342database provided for in paragraph (c). The agency shall notify
343the administrator of the requesting nursing facility or the
344administrator of any other facility licensed under chapter 393,
345chapter 394, chapter 395, chapter 397, chapter 429, or this
346chapter, as requested by such facility, as to whether or not the
347employee has qualified under level 1 or level 2 screening. An
348employee or prospective employee who has qualified under level 2
349screening and has maintained such continuous residency within
350the state shall not be required to complete a subsequent level 2
351screening as a condition of employment at another facility.
352     (c)  The agency shall establish and maintain a database of
353background screening information which shall include the results
354of both level 1 and level 2 screening. The Department of Law
355Enforcement shall timely provide to the agency, electronically,
356the results of each statewide screening for incorporation into
357the database. The agency shall, upon request from any facility,
358agency, or program required by or authorized by law to screen
359its employees or applicants, notify the administrator of the
360facility, agency, or program of the qualifying or disqualifying
361status of the employee or applicant named in the request.
362     (d)  Applicants and employees shall be excluded from
363employment pursuant to s. 435.06.
364     (3)  The applicant is responsible for paying the fees
365associated with obtaining the required screening. Payment for
366the screening shall be submitted to the agency. The agency shall
367establish a schedule of fees to cover the costs of level 1 and
368level 2 screening. Facilities may reimburse employees for these
369costs. The Department of Law Enforcement shall charge the agency
370for a level 1 or level 2 screening a rate sufficient to cover
371the costs of such screening pursuant to s. 943.053(3). The
372agency shall, as allowable, reimburse nursing facilities for the
373cost of conducting background screening as required by this
374section. This reimbursement will not be subject to any rate
375ceilings or payment targets in the Medicaid Reimbursement plan.
376     (4)(a)  As provided in s. 435.07, the agency may grant an
377exemption from disqualification to an employee or prospective
378employee who is subject to this section and who has not received
379a professional license or certification from the Department of
380Health.
381     (b)  As provided in s. 435.07, the appropriate regulatory
382board within the Department of Health, or that department itself
383when there is no board, may grant an exemption from
384disqualification to an employee or prospective employee who is
385subject to this section and who has received a professional
386license or certification from the Department of Health or a
387regulatory board within that department.
388     (5)  Any provision of law to the contrary notwithstanding,
389persons who have been screened and qualified as required by this
390section and who have not been unemployed for more than 180 days
391thereafter, and who under penalty of perjury attest to not
392having been convicted of a disqualifying offense since the
393completion of such screening, shall not be required to be
394rescreened. An employer may obtain, pursuant to s. 435.10,
395written verification of qualifying screening results from the
396previous employer or other entity which caused such screening to
397be performed.
398     (6)  The agency and the Department of Health shall have
399authority to adopt rules pursuant to the Administrative
400Procedure Act to implement this section.
401     (7)  All employees shall comply with the requirements of
402this section by October 1, 1998. No current employee of a
403nursing facility as of the effective date of this act shall be
404required to submit to rescreening if the nursing facility has in
405its possession written evidence that the person has been
406screened and qualified according to level 1 standards as
407specified in s. 435.03(1). Any current employee who meets the
408level 1 requirement but does not meet the 5-year residency
409requirement as specified in this section must provide to the
410employing nursing facility written attestation under penalty of
411perjury that the employee has not been convicted of a
412disqualifying offense in another state or jurisdiction. All
413applicants hired on or after October 1, 1998, shall comply with
414the requirements of this section.
415     (8)  There is no monetary or unemployment liability on the
416part of, and no cause of action for damages arising against an
417employer that, upon notice of a disqualifying offense listed
418under chapter 435 or an act of domestic violence, terminates the
419employee against whom the report was issued, whether or not the
420employee has filed for an exemption with the Department of
421Health or the Agency for Health Care Administration.
422     Section 6.  Subsection (9) of section 400.506, Florida
423Statutes, is amended to read:
424     400.506  Licensure of nurse registries; requirements;
425penalties.-
426     (9)  Each nurse registry must comply with the background
427screening requirements procedures set forth in s. 400.512 for
428maintaining records of the work history of all persons referred
429for contract and is subject to the standards and conditions set
430forth in that section. However, an initial screening may not be
431required for persons who have been continuously registered with
432the nurse registry since October 1, 2000.
433     Section 7.  Section 400.512, Florida Statutes, is amended
434to read:
435     400.512  Screening of home health agency personnel; nurse
436registry personnel; and companions and homemakers.-The agency
437shall require level 2 background screening for personnel as
438required in s. 408.809(1)(e) pursuant to chapter 435 and s.
439408.809 employment or contractor screening as provided in
440chapter 435, using the level 1 standards for screening set forth
441in that chapter, for home health agency personnel; persons
442referred for employment by nurse registries; and persons
443employed by companion or homemaker services registered under s.
444400.509.
445     (1)(a)  The Agency for Health Care Administration may, upon
446request, grant exemptions from disqualification from employment
447or contracting under this section as provided in s. 435.07,
448except for health care practitioners licensed by the Department
449of Health or a regulatory board within that department.
450     (b)  The appropriate regulatory board within the Department
451of Health, or that department itself when there is no board,
452may, upon request of the licensed health care practitioner,
453grant exemptions from disqualification from employment or
454contracting under this section as provided in s. 435.07.
455     (2)  The administrator of each home health agency, the
456managing employee of each nurse registry, and the managing
457employee of each companion or homemaker service registered under
458s. 400.509 must sign an affidavit annually, under penalty of
459perjury, stating that all personnel hired or contracted with or
460registered on or after October 1, 2000, who enter the home of a
461patient or client in their service capacity have been screened.
462     (3)  As a prerequisite to operating as a home health
463agency, nurse registry, or companion or homemaker service under
464s. 400.509, the administrator or managing employee,
465respectively, must submit to the agency his or her name and any
466other information necessary to conduct a complete screening
467according to this section. The agency shall submit the
468information to the Department of Law Enforcement for state
469processing. The agency shall review the record of the
470administrator or manager with respect to the offenses specified
471in this section and shall notify the owner of its findings. If
472disposition information is missing on a criminal record, the
473administrator or manager, upon request of the agency, must
474obtain and supply within 30 days the missing disposition
475information to the agency. Failure to supply missing information
476within 30 days or to show reasonable efforts to obtain such
477information will result in automatic disqualification.
478     (4)  Proof of compliance with the screening requirements of
479chapter 435 shall be accepted in lieu of the requirements of
480this section if the person has been continuously employed or
481registered without a breach in service that exceeds 180 days,
482the proof of compliance is not more than 2 years old, and the
483person has been screened by the Department of Law Enforcement. A
484home health agency, nurse registry, or companion or homemaker
485service registered under s. 400.509 shall directly provide proof
486of compliance to another home health agency, nurse registry, or
487companion or homemaker service registered under s. 400.509. The
488recipient home health agency, nurse registry, or companion or
489homemaker service registered under s. 400.509 may not accept any
490proof of compliance directly from the person who requires
491screening. Proof of compliance with the screening requirements
492of this section shall be provided upon request to the person
493screened by the home health agencies; nurse registries; or
494companion or homemaker services registered under s. 400.509.
495     (5)  There is no monetary liability on the part of, and no
496cause of action for damages arises against, a licensed home
497health agency, licensed nurse registry, or companion or
498homemaker service registered under s. 400.509, that, upon notice
499that the employee or contractor has been found guilty of,
500regardless of adjudication, or entered a plea of nolo contendere
501or guilty to, any offense prohibited under s. 435.03 or under
502any similar statute of another jurisdiction, terminates the
503employee or contractor, whether or not the employee or
504contractor has filed for an exemption with the agency in
505accordance with chapter 435 and whether or not the time for
506filing has expired.
507     (6)  The costs of processing the statewide correspondence
508criminal records checks must be borne by the home health agency;
509the nurse registry; or the companion or homemaker service
510registered under s. 400.509, or by the person being screened, at
511the discretion of the home health agency, nurse registry, or s.
512400.509 registrant.
513     Section 8.  Section 400.6065, Florida Statutes, is amended
514to read:
515     400.6065  Background screening.-The agency shall require
516level 2 background employment or contractor screening for
517personnel as required in s. 408.809(1)(e) pursuant to chapter
518435 and s. 408.809 as provided in chapter 435, using the level 1
519standards for screening set forth in that chapter, for hospice
520personnel.
521     Section 9.  Subsection (2) of section 400.801, Florida
522Statutes, is amended to read:
523     400.801  Homes for special services.-
524     (2)(a)  The requirements of part II of chapter 408 apply to
525the provision of services that require licensure pursuant to
526this section and part II of chapter 408 and entities licensed by
527or applying for such licensure from the agency pursuant to this
528section. A license issued by the agency is required in order to
529operate a home for special services in this state.
530     (b)  The agency shall require level 2 background screening
531for personnel as required in s. 408.809(1)(e) pursuant to
532chapter 435 and s. 408.809.
533     Section 10.  Paragraph (d) is added to subsection (2) of
534section 400.805, Florida Statutes, to read:
535     400.805  Transitional living facilities.-
536     (2)
537     (d)  The agency shall require level 2 background screening
538for personnel as required in s. 408.809(1)(e) pursuant to
539chapter 435 and s. 408.809.
540     Section 11.  Section 400.9065, Florida Statutes, is created
541to read:
542     400.9065  Background screening.-The agency shall require
543level 2 background screening for personnel as required in s.
544408.809(1)(e) pursuant to chapter 435 and s. 408.809.
545     Section 12.  Subsection (16) of section 400.934, Florida
546Statutes, is amended to read:
547     400.934  Minimum standards.-As a requirement of licensure,
548home medical equipment providers shall:
549     (16)  Establish procedures for maintaining a record of the
550employment history, including background screening as required
551by ss. s. 400.953, and 408.809(1) and chapter 435 of all home
552medical equipment provider personnel. A home medical equipment
553provider must require its personnel to submit an employment
554history to the home medical equipment provider and must verify
555the employment history for at least the previous 5 years, unless
556through diligent efforts such verification is not possible.
557There is no monetary liability on the part of, and no cause of
558action for damages arising against a former employer, a
559prospective employee, or a prospective independent contractor
560with a licensed home medical equipment provider, who reasonably
561and in good faith communicates his or her honest opinions about
562a former employee's job performance. This subsection does not
563affect the official immunity of an officer or employee of a
564public corporation.
565     Section 13.  Section 400.953, Florida Statutes, is amended
566to read:
567     400.953  Background screening of home medical equipment
568provider personnel.-The agency shall require level 2 background
569screening for personnel as required in s. 408.809(1)(e) pursuant
570to chapter 435 and s. 408.809 employment screening as provided
571in chapter 435, using the level 1 standards for screening set
572forth in that chapter, for home medical equipment provider
573personnel.
574     (1)  The agency may grant exemptions from disqualification
575from employment under this section as provided in s. 435.07.
576     (2)  The general manager of each home medical equipment
577provider must sign an affidavit annually, under penalty of
578perjury, stating that all home medical equipment provider
579personnel hired on or after July 1, 1999, who enter the home of
580a patient in the capacity of their employment have been screened
581and that its remaining personnel have worked for the home
582medical equipment provider continuously since before July 1,
5831999.
584     (3)  Proof of compliance with the screening requirements of
585s. 110.1127, s. 393.0655, s. 394.4572, s. 397.451, s. 402.305,
586s. 402.313, s. 409.175, s. 464.008, or s. 985.644 or this part
587must be accepted in lieu of the requirements of this section if
588the person has been continuously employed in the same type of
589occupation for which he or she is seeking employment without a
590breach in service that exceeds 180 days, the proof of compliance
591is not more than 2 years old, and the person has been screened
592by the Department of Law Enforcement. An employer or contractor
593shall directly provide proof of compliance to another employer
594or contractor, and a potential employer or contractor may not
595accept any proof of compliance directly from the person
596requiring screening. Proof of compliance with the screening
597requirements of this section shall be provided, upon request, to
598the person screened by the home medical equipment provider.
599     (4)  There is no monetary liability on the part of, and no
600cause of action for damages arising against, a licensed home
601medical equipment provider that, upon notice that an employee
602has been found guilty of, regardless of adjudication, or entered
603a plea of nolo contendere or guilty to, any offense prohibited
604under s. 435.03 or under any similar statute of another
605jurisdiction, terminates the employee, whether or not the
606employee has filed for an exemption with the agency and whether
607or not the time for filing has expired.
608     (5)  The costs of processing the statewide correspondence
609criminal records checks must be borne by the home medical
610equipment provider or by the person being screened, at the
611discretion of the home medical equipment provider.
612     (6)  Neither the agency nor the home medical equipment
613provider may use the criminal records or juvenile records of a
614person for any purpose other than determining whether that
615person meets minimum standards of good moral character for home
616medical equipment provider personnel.
617     (7)(a)  It is a misdemeanor of the first degree, punishable
618as provided in s. 775.082 or s. 775.083, for any person
619willfully, knowingly, or intentionally to:
620     1.  Fail, by false statement, misrepresentation,
621impersonation, or other fraudulent means, to disclose in any
622application for paid employment a material fact used in making a
623determination as to the person's qualifications to be an
624employee under this section;
625     2.  Operate or attempt to operate an entity licensed under
626this part with persons who do not meet the minimum standards for
627good moral character as contained in this section; or
628     3.  Use information from the criminal records obtained
629under this section for any purpose other than screening that
630person for employment as specified in this section, or release
631such information to any other person for any purpose other than
632screening for employment under this section.
633     (b)  It is a felony of the third degree, punishable as
634provided in s. 775.082, s. 775.083, or s. 775.084, for any
635person willfully, knowingly, or intentionally to use information
636from the juvenile records of a person obtained under this
637section for any purpose other than screening for employment
638under this section.
639     Section 14.  Section 400.955, Florida Statutes, is
640repealed.
641     Section 15.  Section 400.964, Florida Statutes, is amended
642to read:
643     400.964  Personnel screening requirement.-
644     (1)  The agency shall require level 2 background screening
645for personnel as required in s. 408.809(1)(e) pursuant to
646chapter 435 and s. 408.809 as provided in chapter 435 for all
647employees or prospective employees of facilities licensed under
648this part who are expected to be, or whose responsibilities are
649such that they would be considered to be, a direct service
650provider.
651     (2)  Employers and employees shall comply with the
652requirements of chapter 435.
653     (3)  Applicants and employees shall be excluded from
654employment pursuant to s. 435.06.
655     (4)  The applicant is responsible for paying the fees
656associated with obtaining the required screening. Payment for
657the screening must be submitted to the agency as prescribed by
658the agency.
659     (5)  Notwithstanding any other provision of law, persons
660who have been screened and qualified as required by this section
661and who have not been unemployed for more than 180 days
662thereafter, and who under penalty of perjury attest to not
663having been convicted of a disqualifying offense since the
664completion of such screening are not required to be rescreened.
665An employer may obtain, pursuant to s. 435.10, written
666verification of qualifying screening results from the previous
667employer or other entity that caused such screening to be
668performed.
669     (6)  The agency may adopt rules to administer this section.
670     (7)  All employees must comply with the requirements of
671this section by October 1, 2000. A person employed by a facility
672licensed pursuant to this part as of the effective date of this
673act is not required to submit to rescreening if the facility has
674in its possession written evidence that the person has been
675screened and qualified according to level 1 standards as
676specified in s. 435.03. Any current employee who meets the level
6771 requirement but does not meet the 5-year residency requirement
678must provide to the employing facility written attestation under
679penalty of perjury that the employee has not been convicted of a
680disqualifying offense in another state or jurisdiction. All
681applicants hired on or after October 1, 1999, must comply with
682the requirements of this section.
683     (8)  There is no monetary or unemployment liability on the
684part of, and no cause of action for damages arises against an
685employer that, upon notice of a disqualifying offense listed
686under chapter 435 or an act of domestic violence, terminates the
687employee, whether or not the employee has filed for an exemption
688with the Department of Health or the Agency for Health Care
689Administration.
690     Section 16.  Subsection (3) of section 400.980, Florida
691Statutes, is amended to read:
692     400.980  Health care services pools.-
693     (3)  Upon receipt of a completed, signed, and dated
694application, The agency shall require level 2 background
695screening for personnel as required in s. 408.809(1)(e) pursuant
696to chapter 435 and s. 408.809, in accordance with the level 1
697standards for screening set forth in chapter 435, of every
698individual who will have contact with patients.
699     Section 17.  Subsection (5) of section 400.991, Florida
700Statutes, is amended to read:
701     400.991  License requirements; background screenings;
702prohibitions.-
703     (5)  Each applicant for licensure shall comply with the
704following requirements:
705     (a)  As used in this subsection, the term "applicant" means
706individuals owning or controlling, directly or indirectly, 5
707percent or more of an interest in a clinic; the medical or
708clinic director, or a similarly titled person who is responsible
709for the day-to-day operation of the licensed clinic; the
710financial officer or similarly titled individual who is
711responsible for the financial operation of the clinic; and
712licensed health care practitioners at the clinic.
713     (b)  Upon receipt of a completed, signed, and dated
714application, The agency shall require level 2 background
715screening for applicants and personnel as required in s.
716408.809(1)(e) pursuant to chapter 435 and s. 408.809 of the
717applicant, in accordance with the level 2 standards for
718screening set forth in chapter 435. Proof of compliance with the
719level 2 background screening requirements of chapter 435 which
720has been submitted within the previous 5 years in compliance
721with any other health care licensure requirements of this state
722is acceptable in fulfillment of this paragraph. Applicants who
723own less than 10 percent of a health care clinic are not
724required to submit fingerprints under this section.
725     (c)  Each applicant must submit to the agency, with the
726application, a description and explanation of any exclusions,
727permanent suspensions, or terminations of an applicant from the
728Medicare or Medicaid programs. Proof of compliance with the
729requirements for disclosure of ownership and control interest
730under the Medicaid or Medicare programs may be accepted in lieu
731of this submission. The description and explanation may indicate
732whether such exclusions, suspensions, or terminations were
733voluntary or not voluntary on the part of the applicant.
734     (d)  A license may not be granted to a clinic if the
735applicant has been found guilty of, regardless of adjudication,
736or has entered a plea of nolo contendere or guilty to, any
737offense prohibited under the level 2 standards for screening set
738forth in chapter 435, or a violation of insurance fraud under s.
739817.234, within the past 5 years. If the applicant has been
740convicted of an offense prohibited under the level 2 standards
741or insurance fraud in any jurisdiction, the applicant must show
742that his or her civil rights have been restored prior to
743submitting an application.
744     Section 18.  Paragraph (h) is added to subsection (1) of
745section 408.806, Florida Statutes, to read:
746     408.806  License application process.-
747     (1)  An application for licensure must be made to the
748agency on forms furnished by the agency, submitted under oath,
749and accompanied by the appropriate fee in order to be accepted
750and considered timely. The application must contain information
751required by authorizing statutes and applicable rules and must
752include:
753     (h)  An affidavit, under penalty of perjury, stating that
754all persons subject to background screening as required by this
755part, authorizing statutes, and applicable rules have been
756screened and are qualified.
757     Section 19.  Subsection (2) of section 408.808, Florida
758Statutes, is amended to read:
759     408.808  License categories.-
760     (2)  PROVISIONAL LICENSE.-A provisional license may be
761issued to an applicant pursuant to s. 408.809(3). An applicant
762against whom a proceeding denying or revoking a license is
763pending at the time of license renewal may be issued a
764provisional license effective until final action not subject to
765further appeal. A provisional license may also be issued to an
766applicant applying for a change of ownership. A provisional
767license shall be limited in duration to a specific period of
768time, not to exceed 12 months, as determined by the agency.
769     Section 20.  Section 408.809, Florida Statutes, is amended
770to read:
771     408.809  Background screening; prohibited offenses.-
772     (1)  Level 2 background screening pursuant to chapter 435
773must be conducted through the agency on each of the following
774persons, who shall be considered an employee for the purposes of
775conducting screening under chapter 435:
776     (a)  The licensee, if an individual.
777     (b)  The administrator or a similarly titled person who is
778responsible for the day-to-day operation of the provider.
779     (c)  The financial officer or similarly titled individual
780who is responsible for the financial operation of the licensee
781or provider.
782     (d)  Any person who is a controlling interest if the agency
783has reason to believe that such person has been convicted of any
784offense prohibited by s. 435.04. For each controlling interest
785who has been convicted of any such offense, the licensee shall
786submit to the agency a description and explanation of the
787conviction at the time of license application.
788     (e)  Any person, as required by authorizing statutes,
789seeking employment with a licensee or provider who is expected
790to, or whose responsibilities may require him or her to, provide
791personal care or services directly to clients; and any person,
792as required by authorizing statutes, contracting with a licensee
793or provider whose responsibilities require him or her to provide
794personal care or services directly to clients. Evidence of
795contractor screening may be retained by the contractor's
796employer or the licensee. A person who is employed by or
797contracts with a licensee on or before June 30, 2010, is not
798required to submit to rescreening until such time as he or she
799is otherwise required to be rescreened pursuant to law if that
800licensee has in its possession written evidence that the person
801has been screened and qualified according to standards specified
802in s. 435.03 or s. 435.04.
803     (2)  Every 5 years following his or her licensure,
804employment, or entry into a contract in a capacity that under
805subsection (1) would require level 2 background screening under
806chapter 435, each such person must submit to level 2 background
807rescreening as a condition of retaining such license or
808continuing in such employment or contractual status. For any
809such rescreening, the agency shall request the Department of Law
810Enforcement to forward the person's fingerprints to the Federal
811Bureau of Investigation for a national criminal history record
812check. If the fingerprints of such a person are not retained by
813the Department of Law Enforcement under s. 943.05(2)(g), the
814person must file a complete set of fingerprints with the agency.
815Upon the submission of fingerprints for this purpose, the agency
816shall request the Department of Law Enforcement to forward the
817fingerprints to the Federal Bureau of Investigation for a
818national criminal history record check, and the fingerprints may
819be retained by the Department of Law Enforcement under s.
820943.05(2)(g). The cost of the state and national criminal
821history records checks required by level 2 screening may be
822borne by the licensee or the person fingerprinted. Proof of
823compliance with level 2 screening standards submitted within the
824previous 5 years to meet any provider or professional licensure
825requirements of the agency, the Department of Health, the Agency
826for Persons with Disabilities, or the Department of Children and
827Family Services, or the Department of Financial Services for an
828applicant for a certificate of authority to operate a continuing
829care retirement community under chapter 651 satisfies the
830requirements of this section, provided that such proof is
831accompanied, under penalty of perjury, by an affidavit of
832compliance with the provisions of chapter 435 and this section
833using forms provided by the agency. Proof of compliance with the
834background screening requirements of the Department of Financial
835Services submitted within the previous 5 years for an applicant
836for a certificate of authority to operate a continuing care
837retirement community under chapter 651 satisfies the Department
838of Law Enforcement and Federal Bureau of Investigation portions
839of a level 2 background check.
840     (3)  All fingerprints must be provided in electronic
841format. Screening results shall be reviewed by the agency with
842respect to the offenses specified in s. 435.04 and this section
843and maintained in a database. The qualifying or disqualifying
844status of the person named in the request shall be posted on a
845secure website accessible to all licensees. A provisional
846license may be granted to an applicant when each individual
847required by this section to undergo background screening has met
848the standards for the Department of Law Enforcement background
849check but the agency has not yet received background screening
850results from the Federal Bureau of Investigation. A standard
851license may be granted to the licensee upon the agency's receipt
852of a report of the results of the Federal Bureau of
853Investigation background screening for each individual required
854by this section to undergo background screening that confirms
855that all standards have been met or upon the granting of an
856exemption from disqualification by the agency as set forth in
857chapter 435.
858     (4)  When a person is newly employed in a capacity that
859requires screening under this section, the licensee must notify
860the agency of the change within the time period specified in the
861authorizing statute or rules and must submit to the agency
862information necessary to conduct level 2 screening or provide
863evidence of compliance with background screening requirements of
864this section. The person may serve in his or her capacity
865pending the agency's receipt of the report from the Federal
866Bureau of Investigation if he or she has met the standards for
867the Department of Law Enforcement background check. However, the
868person may not continue to serve in his or her capacity if the
869report indicates any violation of background screening standards
870unless an exemption from disqualification has been granted by
871the agency as set forth in chapter 435.
872     (4)(5)  Effective October 1, 2009, In addition to the
873offenses listed in ss. 435.03 and 435.04, all persons required
874to undergo background screening pursuant to this part or
875authorizing statutes must not have been found guilty of,
876regardless of adjudication, or entered a plea of nolo contendere
877or guilty to, any of the following offenses or any similar
878offense of another jurisdiction:
879     (a)  Any authorizing statutes, if the offense was a felony.
880     (b)  This chapter, if the offense was a felony.
881     (c)  Section 409.920, relating to Medicaid provider fraud,
882if the offense was a felony.
883     (d)  Section 409.9201, relating to Medicaid fraud, if the
884offense was a felony.
885     (e)  Section 741.28, relating to domestic violence.
886     (f)  Chapter 784, relating to assault, battery, and
887culpable negligence, if the offense was a felony.
888     (g)  Section 810.02, relating to burglary.
889     (f)(h)  Section 817.034, relating to fraudulent acts
890through mail, wire, radio, electromagnetic, photoelectronic, or
891photooptical systems.
892     (g)(i)  Section 817.234, relating to false and fraudulent
893insurance claims.
894     (h)(j)  Section 817.505, relating to patient brokering.
895     (i)(k)  Section 817.568, relating to criminal use of
896personal identification information.
897     (j)(l)  Section 817.60, relating to obtaining a credit card
898through fraudulent means.
899     (k)(m)  Section 817.61, relating to fraudulent use of
900credit cards, if the offense was a felony.
901     (l)(n)  Section 831.01, relating to forgery.
902     (m)(o)  Section 831.02, relating to uttering forged
903instruments.
904     (n)(p)  Section 831.07, relating to forging bank bills,
905checks, drafts, or promissory notes.
906     (o)(q)  Section 831.09, relating to uttering forged bank
907bills, checks, drafts, or promissory notes.
908     (p)(r)  Section 831.30, relating to fraud in obtaining
909medicinal drugs.
910     (q)(s)  Section 831.31, relating to the sale, manufacture,
911delivery, or possession with the intent to sell, manufacture, or
912deliver any counterfeit controlled substance, if the offense was
913a felony.
914
915A person who serves as a controlling interest of or is employed
916by a licensee on September 30, 2009, is not required by law to
917submit to rescreening if that licensee has in its possession
918written evidence that the person has been screened and qualified
919according to the standards specified in s. 435.03 or s. 435.04.
920However, if such person has a disqualifying offense listed in
921this section, he or she may apply for an exemption from the
922appropriate licensing agency before September 30, 2009, and if
923agreed to by the employer, may continue to perform his or her
924duties until the licensing agency renders a decision on the
925application for exemption for offenses listed in this section.
926Exemptions from disqualification may be granted pursuant to s.
927435.07.
928     (5)(6)  The costs associated with obtaining the required
929screening must be borne either by the licensee or the person
930subject to screening. Licensees may reimburse persons for these
931costs. The Department of Law Enforcement shall charge the agency
932for screening pursuant to s. 943.053(3). The agency shall
933establish a schedule of fees to cover the costs of screening The
934attestations required under ss. 435.04(5) and 435.05(3) must be
935submitted at the time of license renewal, notwithstanding the
936provisions of ss. 435.04(5) and 435.05(3) which require annual
937submission of an affidavit of compliance with background
938screening requirements.
939     (6)(a)  As provided in chapter 435, the agency may grant an
940exemption from disqualification to a person who is subject to
941this section and who has not received a professional license or
942certification from the Department of Health if that person is
943providing a service that is within the scope of his or her
944licensed or certified practice.
945     (b)  As provided in chapter 435, the appropriate regulatory
946board within the Department of Health, or the department itself
947when there is no board, may grant an exemption from
948disqualification to a person who is subject to this section and
949who has received a professional license or certification from
950the Department of Health or a regulatory board within that
951department and that person is providing a service within the
952scope of his or her licensed or certified practice.
953     (7)  The agency and the Department of Health may adopt
954rules pursuant to ss. 120.536(1) and 120.54 to implement this
955section, chapter 435, and authorizing statutes requiring
956background screening and to implement and adopt criteria
957relating to retaining fingerprints pursuant to s. 943.05(2).
958     (8)  There is no unemployment compensation or other
959monetary liability on the part of, and no cause of action for
960damages arising against, an employer that, upon notice of a
961disqualifying offense listed under chapter 435 or this section,
962terminates the person against whom the report was issued,
963whether or not that person has filed for an exemption with the
964Department of Health or the agency.
965     Section 21.  Paragraph (k) of subsection (2) of section
966409.175, Florida Statutes, is amended to read:
967     409.175  Licensure of family foster homes, residential
968child-caring agencies, and child-placing agencies; public
969records exemption.-
970     (2)  As used in this section, the term:
971     (k)  "Screening" means the act of assessing the background
972of personnel and includes, but is not limited to, employment
973history checks as provided in chapter 435, using the level 2
974standards for screening set forth in that chapter. Screening for
975employees and volunteers in summer day camps and summer 24-hour
976camps and screening for all volunteers included under the
977definition of "personnel" shall be conducted as provided in
978chapter 435, using the level 2 level 1 standards set forth in
979that chapter.
980     Section 22.  Paragraph (i) of subsection (4) of section
981409.221, Florida Statutes, is amended to read:
982     409.221  Consumer-directed care program.-
983     (4)  CONSUMER-DIRECTED CARE.-
984     (i)  Background screening requirements.-All persons who
985render care under this section must undergo level 2 background
986screening pursuant to chapter 435 shall comply with the
987requirements of s. 435.05. Persons shall be excluded from
988employment pursuant to s. 435.06.
989     1.  Persons excluded from employment may request an
990exemption from disqualification, as provided in s. 435.07.
991Persons not subject to certification or professional licensure
992may request an exemption from the agency. In considering a
993request for an exemption, the agency shall comply with the
994provisions of s. 435.07.
995     2.  The agency shall, as allowable, reimburse consumer-
996employed caregivers for the cost of conducting background
997screening as required by this section.
998
999For purposes of this section, a person who has undergone
1000screening, who is qualified for employment under this section
1001and applicable rule, and who has not been unemployed for more
1002than 90 180 days following such screening is not required to be
1003rescreened. Such person must attest under penalty of perjury to
1004not having been convicted of a disqualifying offense since
1005completing such screening.
1006     Section 23.  Subsection (8) of section 409.907, Florida
1007Statutes, is amended to read:
1008     409.907  Medicaid provider agreements.-The agency may make
1009payments for medical assistance and related services rendered to
1010Medicaid recipients only to an individual or entity who has a
1011provider agreement in effect with the agency, who is performing
1012services or supplying goods in accordance with federal, state,
1013and local law, and who agrees that no person shall, on the
1014grounds of handicap, race, color, or national origin, or for any
1015other reason, be subjected to discrimination under any program
1016or activity for which the provider receives payment from the
1017agency.
1018     (8)(a)  Each provider, or each principal of the provider if
1019the provider is a corporation, partnership, association, or
1020other entity, seeking to participate in the Medicaid program
1021must submit a complete set of his or her fingerprints to the
1022agency for the purpose of conducting a criminal history record
1023check. Principals of the provider include any officer, director,
1024billing agent, managing employee, or affiliated person, or any
1025partner or shareholder who has an ownership interest equal to 5
1026percent or more in the provider. However, a director of a not-
1027for-profit corporation or organization is not a principal for
1028purposes of a background investigation as required by this
1029section if the director: serves solely in a voluntary capacity
1030for the corporation or organization, does not regularly take
1031part in the day-to-day operational decisions of the corporation
1032or organization, receives no remuneration from the not-for-
1033profit corporation or organization for his or her service on the
1034board of directors, has no financial interest in the not-for-
1035profit corporation or organization, and has no family members
1036with a financial interest in the not-for-profit corporation or
1037organization; and if the director submits an affidavit, under
1038penalty of perjury, to this effect to the agency and the not-
1039for-profit corporation or organization submits an affidavit,
1040under penalty of perjury, to this effect to the agency as part
1041of the corporation's or organization's Medicaid provider
1042agreement application. Notwithstanding the above, the agency may
1043require a background check for any person reasonably suspected
1044by the agency to have been convicted of a crime. This subsection
1045shall not apply to:
1046     1.  A hospital licensed under chapter 395;
1047     2.  A nursing home licensed under chapter 400;
1048     3.  A hospice licensed under chapter 400;
1049     4.  An assisted living facility licensed under chapter 429;
1050     5.  A unit of local government, except that requirements of
1051this subsection apply to nongovernmental providers and entities
1052when contracting with the local government to provide Medicaid
1053services. The actual cost of the state and national criminal
1054history record checks must be borne by the nongovernmental
1055provider or entity; or
1056     6.  Any business that derives more than 50 percent of its
1057revenue from the sale of goods to the final consumer, and the
1058business or its controlling parent either is required to file a
1059form 10-K or other similar statement with the Securities and
1060Exchange Commission or has a net worth of $50 million or more.
1061     (b)  Background screening shall be conducted in accordance
1062with chapter 435 and s. 408.809 The agency shall submit the
1063fingerprints to the Department of Law Enforcement. The
1064department shall conduct a state criminal-background
1065investigation and forward the fingerprints to the Federal Bureau
1066of Investigation for a national criminal-history record check.
1067The cost of the state and national criminal record check shall
1068be borne by the provider.
1069     (c)  The agency may permit a provider to participate in the
1070Medicaid program pending the results of the criminal record
1071check. However, such permission is fully revocable if the record
1072check reveals any crime-related history as provided in
1073subsection (10).
1074     (d)  Proof of compliance with the requirements of level 2
1075screening under chapter 435 s. 435.04 conducted within 12 months
1076prior to the date that the Medicaid provider application is
1077submitted to the agency shall fulfill the requirements of this
1078subsection. Proof of compliance with the requirements of level 1
1079screening under s. 435.03 conducted within 12 months prior to
1080the date that the Medicaid provider application is submitted to
1081the agency shall meet the requirement that the Department of Law
1082Enforcement conduct a state criminal history record check.
1083     Section 24.  Subsection (1) of section 429.14, Florida
1084Statutes, is amended to read:
1085     429.14  Administrative penalties.-
1086     (1)  In addition to the requirements of part II of chapter
1087408, the agency may deny, revoke, and suspend any license issued
1088under this part and impose an administrative fine in the manner
1089provided in chapter 120 against a licensee of an assisted living
1090facility for a violation of any provision of this part, part II
1091of chapter 408, or applicable rules, or for any of the following
1092actions by a licensee of an assisted living facility, for the
1093actions of any person subject to level 2 background screening
1094under s. 408.809, or for the actions of any facility employee:
1095     (a)  An intentional or negligent act seriously affecting
1096the health, safety, or welfare of a resident of the facility.
1097     (b)  The determination by the agency that the owner lacks
1098the financial ability to provide continuing adequate care to
1099residents.
1100     (c)  Misappropriation or conversion of the property of a
1101resident of the facility.
1102     (d)  Failure to follow the criteria and procedures provided
1103under part I of chapter 394 relating to the transportation,
1104voluntary admission, and involuntary examination of a facility
1105resident.
1106     (e)  A citation of any of the following deficiencies as
1107specified in s. 429.19:
1108     1.  One or more cited class I deficiencies.
1109     2.  Three or more cited class II deficiencies.
1110     3.  Five or more cited class III deficiencies that have
1111been cited on a single survey and have not been corrected within
1112the times specified.
1113     (f)  Failure to comply with the A determination that a
1114person subject to level 2 background screening under s. 408.809
1115does not meet the screening standards of this part, s.
1116408.809(1), chapter 435 s. 435.04 or that the facility is
1117retaining an employee subject to level 1 background screening
1118standards under s. 429.174 who does not meet the screening
1119standards of s. 435.03 and for whom exemptions from
1120disqualification have not been provided by the agency.
1121     (g)  A determination that an employee, volunteer,
1122administrator, or owner, or person who otherwise has access to
1123the residents of a facility does not meet the criteria specified
1124in s. 435.03(2), and the owner or administrator has not taken
1125action to remove the person. Exemptions from disqualification
1126may be granted as set forth in s. 435.07. No administrative
1127action may be taken against the facility if the person is
1128granted an exemption.
1129     (h)  Violation of a moratorium.
1130     (h)(i)  Failure of the license applicant, the licensee
1131during relicensure, or a licensee that holds a provisional
1132license to meet the minimum license requirements of this part,
1133or related rules, at the time of license application or renewal.
1134     (i)(j)  An intentional or negligent life-threatening act in
1135violation of the uniform firesafety standards for assisted
1136living facilities or other firesafety standards that threatens
1137the health, safety, or welfare of a resident of a facility, as
1138communicated to the agency by the local authority having
1139jurisdiction or the State Fire Marshal.
1140     (j)(k)  Knowingly operating any unlicensed facility or
1141providing without a license any service that must be licensed
1142under this chapter or chapter 400.
1143     (k)(l)  Any act constituting a ground upon which
1144application for a license may be denied.
1145     Section 25.  Section 429.174, Florida Statutes, is amended
1146to read:
1147     429.174  Background screening; exemptions.-The agency shall
1148require level 2 background screening for personnel as required
1149in s. 408.809(1)(e) pursuant to chapter 435 and s. 408.809 The
1150owner or administrator of an assisted living facility must
1151conduct level 1 background screening, as set forth in chapter
1152435, on all employees hired on or after October 1, 1998, who
1153perform personal services as defined in s. 429.02(16). The
1154agency may exempt an individual from employment disqualification
1155as set forth in chapter 435. Such persons shall be considered as
1156having met this requirement if:
1157     (1)  Proof of compliance with level 1 screening
1158requirements obtained to meet any professional license
1159requirements in this state is provided and accompanied, under
1160penalty of perjury, by a copy of the person's current
1161professional license and an affidavit of current compliance with
1162the background screening requirements.
1163     (2)  The person required to be screened has been
1164continuously employed in the same type of occupation for which
1165the person is seeking employment without a breach in service
1166which exceeds 180 days, and proof of compliance with the level 1
1167screening requirement which is no more than 2 years old is
1168provided. Proof of compliance shall be provided directly from
1169one employer or contractor to another, and not from the person
1170screened. Upon request, a copy of screening results shall be
1171provided by the employer retaining documentation of the
1172screening to the person screened.
1173     (3)  The person required to be screened is employed by a
1174corporation or business entity or related corporation or
1175business entity that owns, operates, or manages more than one
1176facility or agency licensed under this chapter, and for whom a
1177level 1 screening was conducted by the corporation or business
1178entity as a condition of initial or continued employment.
1179     Section 26.  Subsection (4) of section 429.67, Florida
1180Statutes, is amended to read:
1181     429.67  Licensure.-
1182     (4)  Upon receipt of a completed license application or
1183license renewal, and the fee, The agency shall require level 2
1184initiate a level 1 background screening for personnel as
1185required in s. 408.809(1)(e), including as provided under
1186chapter 435 on the adult family-care home provider, the
1187designated relief person, and all adult household members,
1188pursuant to chapter 435 and s. 408.809, and all staff members.
1189     (a)  Proof of compliance with level 1 screening standards
1190which has been submitted within the previous 5 years to meet any
1191facility or professional licensure requirements of the agency or
1192the Department of Health satisfies the requirements of this
1193subsection. Such proof must be accompanied, under penalty of
1194perjury, by a copy of the person's current professional license
1195and an affidavit of current compliance with the background
1196screening requirements.
1197     (b)  The person required to be screened must have been
1198continuously employed in the same type of occupation for which
1199the person is seeking employment without a breach in service
1200that exceeds 180 days, and proof of compliance with the level 1
1201screening requirement which is no more than 2 years old must be
1202provided. Proof of compliance shall be provided directly from
1203one employer or contractor to another, and not from the person
1204screened. Upon request, a copy of screening results shall be
1205provided to the person screened by the employer retaining
1206documentation of the screening.
1207     Section 27.  Section 429.69, Florida Statutes, is amended
1208to read:
1209     429.69  Denial, revocation, and suspension of a license.-In
1210addition to the requirements of part II of chapter 408, the
1211agency may deny, suspend, and revoke a license for any of the
1212following reasons:
1213     (1)  Failure to comply with the of any of the persons
1214required to undergo background screening standards of this part,
1215s. 408.809(1), or chapter 435 under s. 429.67 to meet the level
12161 screening standards of s. 435.03, unless an exemption from
1217disqualification has been provided by the agency.
1218     (2)  Failure to correct cited fire code violations that
1219threaten the health, safety, or welfare of residents.
1220     Section 28.  Paragraph (c) of subsection (2) of section
1221429.911, Florida Statutes, is amended to read:
1222     429.911  Denial, suspension, revocation of license;
1223emergency action; administrative fines; investigations and
1224inspections.-
1225     (2)  Each of the following actions by the owner of an adult
1226day care center or by its operator or employee is a ground for
1227action by the agency against the owner of the center or its
1228operator or employee:
1229     (c)  A Failure to comply with the of persons subject to
1230level 2 background screening standards of this part, s.
1231408.809(1), or chapter 435 under s. 408.809 to meet the
1232screening standards of s. 435.04, or the retention by the center
1233of an employee subject to level 1 background screening standards
1234under s. 429.174 who does not meet the screening standards of s.
1235435.03 and for whom exemptions from disqualification have not
1236been provided by the agency.
1237     Section 29.  Section 429.919, Florida Statutes, is amended
1238to read:
1239     429.919  Background screening.-The agency shall require
1240level 2 background screening for personnel as required in s.
1241408.809(1)(e) pursuant to chapter 435 and s. 408.809 The owner
1242or administrator of an adult day care center must conduct level
12431 background screening as set forth in chapter 435 on all
1244employees hired on or after October 1, 1998, who provide basic
1245services or supportive and optional services to the
1246participants. Such persons satisfy this requirement if:
1247     (1)  Proof of compliance with level 1 screening
1248requirements obtained to meet any professional license
1249requirements in this state is provided and accompanied, under
1250penalty of perjury, by a copy of the person's current
1251professional license and an affidavit of current compliance with
1252the background screening requirements.
1253     (2)  The person required to be screened has been
1254continuously employed, without a breach in service that exceeds
1255180 days, in the same type of occupation for which the person is
1256seeking employment and provides proof of compliance with the
1257level 1 screening requirement which is no more than 2 years old.
1258Proof of compliance must be provided directly from one employer
1259or contractor to another, and not from the person screened. Upon
1260request, a copy of screening results shall be provided to the
1261person screened by the employer retaining documentation of the
1262screening.
1263     (3)  The person required to be screened is employed by a
1264corporation or business entity or related corporation or
1265business entity that owns, operates, or manages more than one
1266facility or agency licensed under chapter 400 or this chapter,
1267and for whom a level 1 screening was conducted by the
1268corporation or business entity as a condition of initial or
1269continued employment.
1270     Section 30.  Section 430.60, Florida Statutes, is created
1271to read:
1272     430.60  Screening of direct service providers.-
1273     (1)(a)  Level 2 background screening pursuant to chapter
1274435 is required for direct service providers. Background
1275screening shall include employment history checks as provided in
1276s. 435.03(1) and local criminal records checks through local law
1277enforcement agencies.
1278     (b)  For purposes of this section, the term "direct service
1279provider" means a person 18 years of age or older who is
1280unrelated to his or her clients and who has direct, face-to-face
1281contact with a client while providing services to the client and
1282has access to the client's living areas or to the client's funds
1283or personal property. The term includes coordinators, managers,
1284and supervisors of residential facilities and volunteers.
1285     (2)  Licensed physicians, nurses, or other professionals
1286licensed by the Department of Health are not subject to
1287background screening pursuant to this section if they are
1288providing a service that is within the scope of their licensed
1289practice.
1290     (3)  Refusal on the part of an employer to dismiss a
1291manager, supervisor, or direct service provider who has been
1292found to be in noncompliance with standards of this section
1293shall result in the automatic denial, termination, or revocation
1294of the license or certification, rate agreement, purchase order,
1295or contract, in addition to any other remedies authorized by
1296law.
1297     (4)  The background screening conducted pursuant to this
1298section must ensure that, in addition to the disqualifying
1299offenses listed in s. 435.04, no person subject to the
1300provisions of this section has been found guilty of, regardless
1301of adjudication, or entered a plea of nolo contendere or guilty
1302to, any offense prohibited under any of the following provisions
1303of the Florida Statutes or under any similar statute of another
1304jurisdiction:
1305     (a)  Any authorizing statutes, if the offense was a felony.
1306     (b)  Section 409.920, relating to Medicaid provider fraud.
1307     (c)  Section 409.9201, relating to Medicaid fraud.
1308     (d)  Section 817.034, relating to fraudulent acts through
1309mail, wire, radio, electromagnetic, photoelectronic, or
1310photooptical systems.
1311     (e)  Section 817.234, relating to false and fraudulent
1312insurance claims.
1313     (f)  Section 817.505, relating to patient brokering.
1314     (g)  Section 817.568, relating to criminal use of personal
1315identification information.
1316     (h)  Section 817.60, relating to obtaining a credit card
1317through fraudulent means.
1318     (i)  Section 817.61, relating to fraudulent use of credit
1319cards, if the offense was a felony.
1320     (j)  Section 831.01, relating to forgery.
1321     (k)  Section 831.02, relating to uttering forged
1322instruments.
1323     (l)  Section 831.07, relating to forging bank bills,
1324checks, drafts, or promissory notes.
1325     (m)  Section 831.09, relating to uttering forged bank
1326bills, checks, drafts, or promissory notes.
1327     Section 31.  Section 435.01, Florida Statutes, is amended
1328to read:
1329     435.01  Applicability of this chapter; statutory
1330references; rulemaking.-
1331     (1)(a)  Unless otherwise provided by law, whenever a
1332background screening for employment or a background security
1333check is required by law to be conducted pursuant to this
1334chapter for employment, unless otherwise provided by law, the
1335provisions of this chapter shall apply.
1336     (b)  Unless expressly provided otherwise, a reference in
1337any section of the Florida Statutes to chapter 435 or to any
1338section or sections or portion of a section of chapter 435
1339includes, and shall be understood as including, all subsequent
1340amendments to chapter 435 or to the referenced section or
1341sections or portions of a section. The purpose of this chapter
1342is to facilitate uniform background screening and, to this end,
1343a reference to this chapter, or to any section or subdivision
1344within this chapter, constitutes a general reference under the
1345doctrine of incorporation by reference.
1346     (2)  Agencies may adopt rules pursuant to ss. 120.536(1)
1347and 120.54 necessary to implement the provisions of this
1348chapter.
1349     Section 32.  Section 435.02, Florida Statutes, is amended
1350to read:
1351     435.02  Definitions.-For the purposes of this chapter, the
1352term:
1353     (1)(3)  "Licensing Agency" means any state, or county, or
1354municipal agency that which grants licenses or registration
1355permitting the operation of an employer or is itself an employer
1356or that otherwise facilitates the screening of employees
1357pursuant to this chapter. When there is no state licensing
1358agency or the municipal or county licensing agency chooses not
1359to conduct employment screening, "licensing agency" means the
1360Department of Children and Family Services.
1361     (2)(1)  "Employee" means any person required by law to be
1362screened pursuant to the provisions of this chapter.
1363     (3)(2)  "Employer" means any person or entity required by
1364law to conduct screening of employees pursuant to this chapter.
1365     (4)  "Employment" means any activity or service sought to
1366be performed by an employee that requires the employee to be
1367subject to screening pursuant to this chapter.
1368     (5)  "Vulnerable person" means a minor or a vulnerable
1369adult as defined in s. 415.102.
1370     Section 33.  Section 435.03, Florida Statutes, is amended
1371to read:
1372     435.03  Level 1 screening standards.-
1373     (1)  All employees required by law to be screened pursuant
1374to this section must shall be required to undergo background
1375screening as a condition of employment and continued employment
1376that includes. For the purposes of this subsection, level 1
1377screenings shall include, but need not be limited to, employment
1378history checks and statewide criminal correspondence checks
1379through the Florida Department of Law Enforcement, and may
1380include local criminal records checks through local law
1381enforcement agencies.
1382     (2)  Any person required by law to be screened pursuant to
1383this section for whom employment screening is required by
1384statute must not have been found guilty of, regardless of
1385adjudication, or entered a plea of nolo contendere or guilty to,
1386any offense prohibited under any provision of s. 435.04(2) of
1387the following provisions of the Florida Statutes or under any
1388similar statute of another jurisdiction.:
1389     (a)  Section 393.135, relating to sexual misconduct with
1390certain developmentally disabled clients and reporting of such
1391sexual misconduct.
1392     (b)  Section 394.4593, relating to sexual misconduct with
1393certain mental health patients and reporting of such sexual
1394misconduct.
1395     (c)  Section 415.111, relating to abuse, neglect, or
1396exploitation of a vulnerable adult.
1397     (d)  Section 782.04, relating to murder.
1398     (e)  Section 782.07, relating to manslaughter, aggravated
1399manslaughter of an elderly person or disabled adult, or
1400aggravated manslaughter of a child.
1401     (f)  Section 782.071, relating to vehicular homicide.
1402     (g)  Section 782.09, relating to killing of an unborn quick
1403child by injury to the mother.
1404     (h)  Section 784.011, relating to assault, if the victim of
1405the offense was a minor.
1406     (i)  Section 784.021, relating to aggravated assault.
1407     (j)  Section 784.03, relating to battery, if the victim of
1408the offense was a minor.
1409     (k)  Section 784.045, relating to aggravated battery.
1410     (l)  Section 787.01, relating to kidnapping.
1411     (m)  Section 787.02, relating to false imprisonment.
1412     (n)  Section 794.011, relating to sexual battery.
1413     (o)  Former s. 794.041, relating to prohibited acts of
1414persons in familial or custodial authority.
1415     (p)  Chapter 796, relating to prostitution.
1416     (q)  Section 798.02, relating to lewd and lascivious
1417behavior.
1418     (r)  Chapter 800, relating to lewdness and indecent
1419exposure.
1420     (s)  Section 806.01, relating to arson.
1421     (t)  Chapter 812, relating to theft, robbery, and related
1422crimes, if the offense was a felony.
1423     (u)  Section 817.563, relating to fraudulent sale of
1424controlled substances, only if the offense was a felony.
1425     (v)  Section 825.102, relating to abuse, aggravated abuse,
1426or neglect of an elderly person or disabled adult.
1427     (w)  Section 825.1025, relating to lewd or lascivious
1428offenses committed upon or in the presence of an elderly person
1429or disabled adult.
1430     (x)  Section 825.103, relating to exploitation of an
1431elderly person or disabled adult, if the offense was a felony.
1432     (y)  Section 826.04, relating to incest.
1433     (z)  Section 827.03, relating to child abuse, aggravated
1434child abuse, or neglect of a child.
1435     (aa)  Section 827.04, relating to contributing to the
1436delinquency or dependency of a child.
1437     (bb)  Former s. 827.05, relating to negligent treatment of
1438children.
1439     (cc)  Section 827.071, relating to sexual performance by a
1440child.
1441     (dd)  Chapter 847, relating to obscene literature.
1442     (ee)  Chapter 893, relating to drug abuse prevention and
1443control, only if the offense was a felony or if any other person
1444involved in the offense was a minor.
1445     (ff)  Section 916.1075, relating to sexual misconduct with
1446certain forensic clients and reporting of such sexual
1447misconduct.
1448     (3)  The security background investigations under this
1449section must ensure that no person subject to the provisions of
1450this section has been found guilty of, regardless of
1451adjudication, or entered a plea of nolo contendere or guilty to,
1452any offense that constitutes domestic violence as defined in s.
1453741.28, whether such act was committed in this state or in
1454another jurisdiction Standards must also ensure that the person:
1455     (a)  For employees and employers licensed or registered
1456pursuant to chapter 400 or chapter 429, and for employees and
1457employers of developmental disabilities centers as defined in s.
1458393.063, intermediate care facilities for the developmentally
1459disabled as defined in s. 400.960, and mental health treatment
1460facilities as defined in s. 394.455, meets the requirements of
1461this chapter.
1462     (b)  Has not committed an act that constitutes domestic
1463
1464     Section 34.  Section 435.04, Florida Statutes, is amended
1465to read:
1466     435.04  Level 2 screening standards.-
1467     (1)(a)  All employees required by law to be screened
1468pursuant to this section must in positions designated by law as
1469positions of trust or responsibility shall be required to
1470undergo security background investigations as a condition of
1471employment and continued employment that includes. For the
1472purposes of this subsection, security background investigations
1473shall include, but need not be limited to, fingerprinting for
1474statewide criminal history records all purposes and checks in
1475this subsection, statewide criminal and juvenile records checks
1476through the Florida Department of Law Enforcement, and national
1477federal criminal history records checks through the Federal
1478Bureau of Investigation, and may include local criminal records
1479checks through local law enforcement agencies.
1480     (b)  Fingerprints submitted pursuant to this section on or
1481after July 1, 2012, must be submitted electronically to the
1482Department of Law Enforcement by, or on the behalf of, the
1483employee or employer.
1484     (c)  An agency may contract with one or more vendors to
1485perform all or part of the electronic fingerprinting pursuant to
1486this section. Such contracts must ensure that the owners and
1487personnel of the vendor performing the electronic fingerprinting
1488are qualified and will ensure the integrity and security of all
1489personal information.
1490     (d)  An agency may require by rule adopted pursuant to
1491chapter 120 that fingerprints submitted pursuant to this section
1492must be submitted electronically to the Department of Law
1493Enforcement by, or on the behalf of, the employee or employer on
1494a date earlier than July 1, 2012.
1495     (2)  The security background investigations under this
1496section must ensure that no persons subject to the provisions of
1497this section have been found guilty of, regardless of
1498adjudication, or entered a plea of nolo contendere or guilty to,
1499any offense prohibited under any of the following provisions of
1500the Florida Statutes or under any similar statute of another
1501jurisdiction:
1502     (a)  Section 393.135, relating to sexual misconduct with
1503certain developmentally disabled clients and reporting of such
1504sexual misconduct.
1505     (b)  Section 394.4593, relating to sexual misconduct with
1506certain mental health patients and reporting of such sexual
1507misconduct.
1508     (c)  Section 415.111, relating to adult abuse, neglect, or
1509exploitation of aged persons or disabled adults.
1510     (d)  Section 782.04, relating to murder.
1511     (e)  Section 782.07, relating to manslaughter, aggravated
1512manslaughter of an elderly person or disabled adult, or
1513aggravated manslaughter of a child.
1514     (f)  Section 782.071, relating to vehicular homicide.
1515     (g)  Section 782.09, relating to killing of an unborn quick
1516child by injury to the mother.
1517     (h)  Chapter 784, relating to assault, battery, and
1518culpable negligence, if the offense was a felony.
1519     (i)(h)  Section 784.011, relating to assault, if the victim
1520of the offense was a minor.
1521     (i)  Section 784.021, relating to aggravated assault.
1522     (j)  Section 784.03, relating to battery, if the victim of
1523the offense was a minor.
1524     (k)  Section 784.045, relating to aggravated battery.
1525     (l)  Section 784.075, relating to battery on a detention or
1526commitment facility staff.
1527     (k)(m)  Section 787.01, relating to kidnapping.
1528     (l)(n)  Section 787.02, relating to false imprisonment.
1529     (m)  Section 787.025, relating to luring or enticing a
1530child.
1531     (n)(o)  Section 787.04(2), relating to taking, enticing, or
1532removing a child beyond the state limits with criminal intent
1533pending custody proceedings.
1534     (o)(p)  Section 787.04(3), relating to carrying a child
1535beyond the state lines with criminal intent to avoid producing a
1536child at a custody hearing or delivering the child to the
1537designated person.
1538     (p)(q)  Section 790.115(1), relating to exhibiting firearms
1539or weapons within 1,000 feet of a school.
1540     (q)(r)  Section 790.115(2)(b), relating to possessing an
1541electric weapon or device, destructive device, or other weapon
1542on school property.
1543     (r)(s)  Section 794.011, relating to sexual battery.
1544     (s)(t)  Former s. 794.041, relating to prohibited acts of
1545persons in familial or custodial authority.
1546     (t)  Section 794.05, relating to unlawful sexual activity
1547with certain minors.
1548     (u)  Chapter 796, relating to prostitution.
1549     (v)  Section 798.02, relating to lewd and lascivious
1550behavior.
1551     (w)  Chapter 800, relating to lewdness and indecent
1552exposure.
1553     (x)  Section 806.01, relating to arson.
1554     (y)  Section 810.02, relating to burglary.
1555     (z)  Section 810.14, relating to voyeurism, if the offense
1556is a felony.
1557     (aa)  Section 810.145, relating to video voyeurism, if the
1558offense is a felony.
1559     (bb)(y)  Chapter 812, relating to theft, robbery, and
1560related crimes, if the offense is a felony.
1561     (cc)(z)  Section 817.563, relating to fraudulent sale of
1562controlled substances, only if the offense was a felony.
1563     (dd)(aa)  Section 825.102, relating to abuse, aggravated
1564abuse, or neglect of an elderly person or disabled adult.
1565     (ee)(bb)  Section 825.1025, relating to lewd or lascivious
1566offenses committed upon or in the presence of an elderly person
1567or disabled adult.
1568     (ff)(cc)  Section 825.103, relating to exploitation of an
1569elderly person or disabled adult, if the offense was a felony.
1570     (gg)(dd)  Section 826.04, relating to incest.
1571     (hh)(ee)  Section 827.03, relating to child abuse,
1572aggravated child abuse, or neglect of a child.
1573     (ii)(ff)  Section 827.04, relating to contributing to the
1574delinquency or dependency of a child.
1575     (jj)(gg)  Former s. 827.05, relating to negligent treatment
1576of children.
1577     (kk)(hh)  Section 827.071, relating to sexual performance
1578by a child.
1579     (ll)(ii)  Section 843.01, relating to resisting arrest with
1580violence.
1581     (mm)(jj)  Section 843.025, relating to depriving a law
1582enforcement, correctional, or correctional probation officer
1583means of protection or communication.
1584     (nn)(kk)  Section 843.12, relating to aiding in an escape.
1585     (oo)(ll)  Section 843.13, relating to aiding in the escape
1586of juvenile inmates in correctional institutions.
1587     (pp)(mm)  Chapter 847, relating to obscene literature.
1588     (qq)(nn)  Section 874.05(1), relating to encouraging or
1589recruiting another to join a criminal gang.
1590     (rr)(oo)  Chapter 893, relating to drug abuse prevention
1591and control, only if the offense was a felony or if any other
1592person involved in the offense was a minor.
1593     (ss)(pp)  Section 916.1075, relating to sexual misconduct
1594with certain forensic clients and reporting of such sexual
1595misconduct.
1596     (tt)(qq)  Section 944.35(3), relating to inflicting cruel
1597or inhuman treatment on an inmate resulting in great bodily
1598harm.
1599     (uu)  Section 944.40, relating to escape.
1600     (vv)(rr)  Section 944.46, relating to harboring,
1601concealing, or aiding an escaped prisoner.
1602     (ww)(ss)  Section 944.47, relating to introduction of
1603contraband into a correctional facility.
1604     (xx)(tt)  Section 985.701, relating to sexual misconduct in
1605juvenile justice programs.
1606     (yy)(uu)  Section 985.711, relating to contraband
1607introduced into detention facilities.
1608     (3)  The security background investigations under this
1609section must ensure that no person subject to this section has
1610been found guilty of, regardless of adjudication, or entered a
1611plea of nolo contendere or guilty to, any offense that
1612constitutes domestic violence as defined in s. 741.28, whether
1613such act was committed in this state or in another jurisdiction.
1614The security background investigations conducted under this
1615section for employees of the Department of Juvenile Justice must
1616ensure that no persons subject to the provisions of this section
1617have been found guilty of, regardless of adjudication, or
1618entered a plea of nolo contendere or guilty to, any offense
1619prohibited under any of the following provisions of the Florida
1620Statutes or under any similar statute of another jurisdiction:
1621     (a)  Section 784.07, relating to assault or battery of law
1622enforcement officers, firefighters, emergency medical care
1623providers, public transit employees or agents, or other
1624specified officers.
1625     (b)  Section 810.02, relating to burglary, if the offense
1626is a felony.
1627     (c)  Section 944.40, relating to escape.
1628
1629The Department of Juvenile Justice may not remove a
1630disqualification from employment or grant an exemption to any
1631person who is disqualified under this section for any offense
1632disposed of during the most recent 7-year period.
1633     (4)  Standards must also ensure that the person:
1634     (a)  For employees or employers licensed or registered
1635pursuant to chapter 400 or chapter 429, does not have a
1636confirmed report of abuse, neglect, or exploitation as defined
1637in s. 415.102(6), which has been uncontested or upheld under s.
1638415.103.
1639     (b)  Has not committed an act that constitutes domestic
1640violence as defined in s. 741.30.
1641     (5)  Under penalty of perjury, all employees in such
1642positions of trust or responsibility shall attest to meeting the
1643requirements for qualifying for employment and agreeing to
1644inform the employer immediately if convicted of any of the
1645disqualifying offenses while employed by the employer. Each
1646employer of employees in such positions of trust or
1647responsibilities which is licensed or registered by a state
1648agency shall submit to the licensing agency annually or at the
1649time of license renewal, under penalty of perjury, an affidavit
1650of compliance with the provisions of this section.
1651     Section 35.  Section 435.05, Florida Statutes, is amended
1652to read:
1653     435.05  Requirements for covered employees and employers.-
1654Except as otherwise provided by law, the following requirements
1655shall apply to covered employees and employers:
1656     (1)(a)  Every person required by law to be screened
1657pursuant to the provisions of this chapter must employed in a
1658position for which employment screening is required must, within
16595 working days after starting to work, submit to the employer a
1660complete set of information necessary to conduct a screening
1661under this chapter section.
1662     (b)  For level 1 screening, the employer must submit the
1663information necessary for screening to the Florida Department of
1664Law Enforcement within 5 working days after receiving it. The
1665Florida Department of Law Enforcement will conduct a search of
1666its records and will respond to the employer or agency. The
1667employer will inform the employee whether screening has revealed
1668any disqualifying information.
1669     (c)  For level 2 screening, the employer or licensing
1670agency must submit the information necessary for screening to
1671the Florida Department of Law Enforcement within 5 working days
1672after receiving it. The Florida Department of Law Enforcement
1673will perform a criminal history record check of its conduct a
1674search of its criminal and juvenile records and will request
1675that the Federal Bureau of Investigation perform a national
1676criminal history record check conduct a search of its records
1677for each employee for whom the request is made. The Florida
1678Department of Law Enforcement will respond to the employer or
1679licensing agency, and the employer or licensing agency will
1680inform the employee whether screening has revealed disqualifying
1681information.
1682     (d)  The person whose background is being checked must
1683supply any missing criminal or other necessary information upon
1684request to the requesting employer or agency within 30 days
1685after receiving the employer makes a request for the information
1686or be subject to automatic disqualification.
1687     (2)  Every employee must attest, subject to penalty of
1688perjury, to meeting the requirements for qualifying for
1689employment pursuant to this chapter and agreeing to inform the
1690employer immediately if arrested for any of the disqualifying
1691offenses while employed by the employer Unless otherwise
1692prohibited by state or federal law, new employees may be placed
1693on probationary status pending a determination of compliance
1694with minimum standards set forth in this chapter.
1695     (3)  Each employer that is licensed or registered with an
1696agency and is required by law to conduct level 2 background
1697screening must submit to the agency sign an affidavit annually
1698or at the time of license renewal, under penalty of perjury, a
1699signed affidavit attesting to compliance with the provisions of
1700this chapter stating that all covered employees have been
1701screened or are newly hired and are awaiting the results of the
1702required screening checks.
1703     Section 36.  Section 435.06, Florida Statutes, is amended
1704to read:
1705     435.06  Exclusion from employment.-
1706     (1)  When an employer or licensing agency has reasonable
1707cause to believe that grounds exist for the denial or
1708termination of employment of any employee as a result of
1709background screening, it shall notify the employee in writing,
1710stating the specific record that which indicates noncompliance
1711with the standards in this chapter section. It shall be the
1712responsibility of the affected employee to contest his or her
1713disqualification or to request exemption from disqualification.
1714The only basis for contesting the disqualification shall be
1715proof of mistaken identity.
1716     (2)(a)  An employer may not hire, select, or otherwise
1717allow an employee to have contact with any vulnerable person
1718that would place the employee in a role that would require
1719background screening until such time as the screening process is
1720completed and demonstrates the absence of any grounds for the
1721denial or termination of employment. If the screening process
1722shows any grounds for the denial or termination of employment,
1723the employer may not hire, select, or otherwise allow the
1724employee to have contact with any vulnerable person that would
1725place the employee in a role that would require background
1726screening unless the employee is granted an exemption for the
1727disqualification by the agency as provided under s. 435.07.
1728     (b)  If at any time an employer becomes aware that an
1729employee has been arrested for a disqualifying offense, the
1730employer must remove the employee from contact with any
1731vulnerable person that would place the employee in a role that
1732would require background screening until such time as the arrest
1733is resolved in such a way that the employer determines that the
1734employee is still eligible for employment under this chapter.
1735     (c)  The employer must either terminate the employment of
1736any of its personnel found to be in noncompliance with the
1737minimum standards of this chapter for good moral character
1738contained in this section or place the employee in a position
1739for which background screening is not required unless the
1740employee is granted an exemption from disqualification pursuant
1741to s. 435.07.
1742     (3)  Any employee person who is required to undergo
1743employment screening and who refuses to cooperate in such
1744screening or refuses to timely submit the information necessary
1745to complete the screening, including fingerprints when required,
1746must shall be disqualified for employment in such position or,
1747if employed, must shall be dismissed.
1748     Section 37.  Section 435.07, Florida Statutes, is amended
1749to read:
1750     435.07  Exemptions from disqualification.-Unless otherwise
1751provided by law, the provisions of this section shall apply to
1752exemptions from disqualification pursuant to this chapter.
1753     (1)  The head of the appropriate licensing agency may grant
1754to any employee otherwise disqualified from employment an
1755exemption from disqualification for:
1756     (a)  Felonies for which at least 3 years have elapsed since
1757the applicant for the exemption has completed or been lawfully
1758released from confinement, supervision, or sanction for the
1759disqualifying felony committed more than 3 years prior to the
1760date of disqualification;
1761     (b)  Misdemeanors prohibited under any of the Florida
1762Statutes cited in this chapter or under similar statutes of
1763other jurisdictions;
1764     (c)  Offenses that were felonies when committed but are now
1765misdemeanors; or
1766     (d)  Findings of delinquency; or
1767     (e)  Commissions of acts of domestic violence as defined in
1768s. 741.30.
1769
1770For the purposes of this subsection, the term "felonies" means
1771both felonies prohibited under any of the Florida Statutes cited
1772in this chapter or under similar statutes of other
1773jurisdictions.
1774     (2)  Persons employed, or applicants for employment, by
1775treatment providers who treat adolescents 13 years of age and
1776older who are disqualified from employment solely because of
1777crimes under s. 817.563, s. 893.13, or s. 893.147 may be
1778exempted from disqualification from employment pursuant to this
1779chapter section without application of the 3-year waiting period
1780in paragraph (1)(a).
1781     (3)(a)  In order for the head of an agency a licensing
1782department to grant an exemption to any employee, the employee
1783must demonstrate by clear and convincing evidence that the
1784employee should not be disqualified from employment. Employees
1785seeking an exemption have the burden of setting forth clear and
1786convincing sufficient evidence of rehabilitation, including, but
1787not limited to, the circumstances surrounding the criminal
1788incident for which an exemption is sought, the time period that
1789has elapsed since the incident, the nature of the harm caused to
1790the victim, and the history of the employee since the incident,
1791or any other evidence or circumstances indicating that the
1792employee will not present a danger if employment or continued
1793employment is allowed.
1794     (b)  The agency may consider as part of its deliberations
1795of the employee's rehabilitation the fact that the employee has,
1796subsequent to the conviction for the disqualifying offense for
1797which the exemption is being sought, been arrested for or
1798convicted of another crime, even if that crime is not a
1799disqualifying offense.
1800     (c)  The decision of the head of an agency licensing
1801department regarding an exemption may be contested through the
1802hearing procedures set forth in chapter 120. The standard of
1803review by the administrative law judge is whether the agency's
1804intended action is an abuse of discretion.
1805     (4)(a)  Disqualification from employment under this chapter
1806subsection (1) may not be removed from, nor may an exemption be
1807granted to, any personnel who is found guilty of, regardless of
1808adjudication, or who has entered a plea of nolo contendere or
1809guilty to, any felony covered by s. 435.03 or s. 435.04 solely
1810by reason of any pardon, executive clemency, or restoration of
1811civil rights.
1812     (b)  Disqualification from employment under this chapter
1813may not be removed from, nor may an exemption be granted to, any
1814person who has been designated as a sexual predator pursuant to
1815s. 775.21.
1816     (5)  Exemptions granted by one licensing agency shall be
1817considered by subsequent licensing agencies, but are not binding
1818on the subsequent licensing agency.
1819     Section 38.  Section 435.08, Florida Statutes, is amended
1820to read:
1821     435.08  Payment for processing of fingerprints and state
1822criminal records checks.-Either the employer or the employee is
1823responsible for paying the costs of screening. Payment shall be
1824submitted to the Florida Department of Law Enforcement with the
1825request for screening. The appropriate agency is responsible for
1826collecting and paying any fee related to fingerprints retained
1827on its behalf to the Department of Law Enforcement for costs
1828resulting from the fingerprint information retention services.
1829The amount of the annual fee and procedures for the submission
1830and retention of fingerprint information and for the
1831dissemination of search results shall be established by rule of
1832the Department of Law Enforcement.
1833     Section 39.  Subsection (1) of section 464.203, Florida
1834Statutes, is amended to read:
1835     464.203  Certified nursing assistants; certification
1836requirement.-
1837     (1)  The board shall issue a certificate to practice as a
1838certified nursing assistant to any person who demonstrates a
1839minimum competency to read and write and successfully passes the
1840required background Level I or Level II screening pursuant to s.
1841400.215 and meets one of the following requirements:
1842     (a)  Has successfully completed an approved training
1843program and achieved a minimum score, established by rule of the
1844board, on the nursing assistant competency examination, which
1845consists of a written portion and skills-demonstration portion
1846approved by the board and administered at a site and by
1847personnel approved by the department.
1848     (b)  Has achieved a minimum score, established by rule of
1849the board, on the nursing assistant competency examination,
1850which consists of a written portion and skills-demonstration
1851portion, approved by the board and administered at a site and by
1852personnel approved by the department and:
1853     1.  Has a high school diploma, or its equivalent; or
1854     2.  Is at least 18 years of age.
1855     (c)  Is currently certified in another state; is listed on
1856that state's certified nursing assistant registry; and has not
1857been found to have committed abuse, neglect, or exploitation in
1858that state.
1859     (d)  Has completed the curriculum developed under the
1860Enterprise Florida Jobs and Education Partnership Grant and
1861achieved a minimum score, established by rule of the board, on
1862the nursing assistant competency examination, which consists of
1863a written portion and skills-demonstration portion, approved by
1864the board and administered at a site and by personnel approved
1865by the department.
1866     Section 40.  Subsection (9) of section 489.115, Florida
1867Statutes, is amended to read:
1868     489.115  Certification and registration; endorsement;
1869reciprocity; renewals; continuing education.-
1870     (9)  An initial applicant shall submit, along with the
1871application, a complete set of fingerprints in a form and manner
1872required by the department. The fingerprints shall be submitted
1873to the Department of Law Enforcement for state processing, and
1874the Department of Law Enforcement shall forward them to the
1875Federal Bureau of Investigation for the purpose of processing
1876the fingerprint submission to determine if the applicant has a
1877criminal history record conducting a level 2 background check
1878pursuant to s. 435.04. The department shall and the board may
1879review the background results to determine if an applicant meets
1880licensure requirements. The cost for the fingerprint processing
1881shall be borne by the person subject to the background
1882screening. These fees are to be collected by the authorized
1883agencies or vendors. The authorized agencies or vendors are
1884responsible for paying the processing costs to the Department of
1885Law Enforcement.
1886     Section 41.  Paragraphs (g) and (h) of subsection (2) of
1887section 943.05, Florida Statutes, are amended, and subsection
1888(4) is added to that section, to read:
1889     943.05  Criminal Justice Information Program; duties; crime
1890reports.-
1891     (2)  The program shall:
1892     (g)  Upon official written request from the agency
1893executive director or secretary, or from his or her designee, or
1894from qualified entities participating in the volunteer and
1895employee criminal history screening system under s. 943.0542, or
1896as otherwise required As authorized by law, retain fingerprints
1897submitted by criminal and noncriminal justice agencies to the
1898department for a criminal history background screening in a
1899manner provided by rule and enter the fingerprints in the
1900statewide automated fingerprint identification system authorized
1901by paragraph (b). Such fingerprints shall thereafter be
1902available for all purposes and uses authorized for arrest
1903fingerprint submissions cards entered into the statewide
1904automated fingerprint identification system pursuant to s.
1905943.051.
1906     (h)1.  For each agency or qualified entity that officially
1907requests retention of fingerprints or for which retention is
1908otherwise required As authorized by law, search all arrest
1909fingerprint submissions cards received under s. 943.051 against
1910the fingerprints retained in the statewide automated fingerprint
1911identification system under paragraph (g).
1912     1.  Any arrest record that is identified with the retained
1913fingerprints of a person subject to background screening as
1914provided in paragraph (g) shall be reported to the appropriate
1915agency or qualified entity.
1916     2.  To Agencies may participate in this search process,
1917agencies or qualified entities must notify each person
1918fingerprinted that his or her fingerprints will be retained, pay
1919by payment of an annual fee to the department, and inform by
1920informing the department of any change in the affiliation,
1921employment, or contractual status or place of affiliation,
1922employment, or contracting of each person the persons whose
1923fingerprints are retained under paragraph (g) when such change
1924removes or eliminates the agency or qualified entity's basis or
1925need for receiving reports of any arrest of that person, so that
1926the agency or qualified entity will not be obligated to pay the
1927upcoming annual fee for the retention and searching of that
1928person's fingerprints to the department. The department shall
1929adopt a rule setting the amount of the annual fee to be imposed
1930upon each participating agency or qualified entity for
1931performing these searches and establishing the procedures for
1932the retention of fingerprints and the dissemination of search
1933results. The fee may be borne by the agency, qualified entity,
1934or person subject to fingerprint retention or as otherwise
1935provided by law. Fees may be waived or reduced by the executive
1936director for good cause shown. Consistent with the recognition
1937of criminal justice agencies expressed in s. 943.053(3), these
1938services will be provided to criminal justice agencies for
1939criminal justice purposes free of charge.
1940     3.  Agencies that participate in the fingerprint retention
1941and search process may adopt rules pursuant to ss. 120.536(1)
1942and 120.54 to require employers to keep the agency informed of
1943any change in the affiliation, employment, or contractual status
1944of each person whose fingerprints are retained under paragraph
1945(g) when such change removes or eliminates the agency's basis or
1946need for receiving reports of any arrest of that person, so that
1947the agency will not be obligated to pay the upcoming annual fee
1948for the retention and searching of that person's fingerprints to
1949the department.
1950     (4)  Upon notification that a federal fingerprint retention
1951program is in effect, and subject to the department being funded
1952and equipped to participate in such a program, the department
1953shall, when state and national criminal history records checks
1954and retention of submitted prints are authorized or required by
1955law, retain the fingerprints as provided in paragraphs (2)(g)
1956and (h) and advise the Federal Bureau of Investigation to retain
1957the fingerprints at the national level for searching against
1958arrest fingerprint submissions received at the national level.
1959     Section 42.  Subsections (6) and (11) of section 943.053,
1960Florida Statutes, are amended to read:
1961     943.053  Dissemination of criminal justice information;
1962fees.-
1963     (6)  Notwithstanding any other provision of law, the
1964department shall provide to the Florida Department of Revenue
1965Child Support Enforcement access to Florida criminal records
1966which are not exempt from disclosure under chapter 119, and to
1967such information as may be lawfully available from other states
1968via the National Law Enforcement Telecommunications System, for
1969the purpose of locating subjects who owe or potentially owe
1970support, as defined in s. 409.2554, or to whom such obligation
1971is owed pursuant to Title IV-D of the Social Security Act. Such
1972information may be provided to child support enforcement
1973authorities in other states for these specific purposes.
1974     (11)  A criminal justice agency that is authorized under
1975federal rules or law to conduct a criminal history background
1976check on an agency employee who is not certified by the Criminal
1977Justice Standards and Training Commission under s. 943.12 may
1978submit to the department the fingerprints of the noncertified
1979employee to obtain state and national criminal history
1980information. Effective January 15, 2007, The fingerprints
1981submitted shall be retained and entered in the statewide
1982automated fingerprint identification system authorized by s.
1983943.05 and shall be available for all purposes and uses
1984authorized for arrest fingerprint submissions cards entered in
1985the statewide automated fingerprint identification system
1986pursuant to s. 943.051. The department shall search all arrest
1987fingerprint submissions cards received pursuant to s. 943.051
1988against the fingerprints retained in the statewide automated
1989fingerprint identification system pursuant to this section. In
1990addition to all purposes and uses authorized for arrest
1991fingerprint submissions cards for which submitted fingerprints
1992may be used, any arrest record that is identified with the
1993retained employee fingerprints must be reported to the
1994submitting employing agency.
1995     Section 43.  Section 985.644, Florida Statutes, is amended
1996to read:
1997     985.644  Departmental contracting powers; personnel
1998standards and screening.-
1999     (1)  The department of Juvenile Justice or the Department
2000of Children and Family Services, as appropriate, may contract
2001with the Federal Government, other state departments and
2002agencies, county and municipal governments and agencies, public
2003and private agencies, and private individuals and corporations
2004in carrying out the purposes of, and the responsibilities
2005established in, this chapter.
2006     (a)  When the Department of Juvenile Justice or the
2007Department of Children and Family Services contracts with a
2008provider for any program for children, all personnel, including
2009owners, operators, employees, and volunteers, in the facility
2010must be of good moral character. Each contract entered into by
2011the either department for services delivered on an appointment
2012or intermittent basis by a provider that does not have regular
2013custodial responsibility for children and each contract with a
2014school for before or aftercare services must ensure that the all
2015owners, operators, and all personnel who have direct contact
2016with children are subject to level 2 background screening
2017pursuant to chapter 435 of good moral character.
2018     (b)  A volunteer who assists the department or any program
2019for children on an intermittent basis for less than 40 hours per
2020month need not be screened if the volunteer is under direct and
2021constant supervision by persons who meet the screening
2022requirements.
2023     (b)  The Department of Juvenile Justice and the Department
2024of Children and Family Services shall require employment
2025screening pursuant to chapter 435, using the level 2 standards
2026set forth in that chapter for personnel in programs for children
2027or youths.
2028     (c)  The Department of Juvenile Justice or the Department
2029of Children and Family Services may grant exemptions from
2030disqualification from working with children as provided in s.
2031435.07.
2032     (2)  The department may contract with the Federal
2033Government, other state departments and agencies, county and
2034municipal governments and agencies, public and private agencies,
2035and private individuals and corporations in carrying out the
2036purposes and the responsibilities of the delinquency services
2037and programs of the department.
2038     (3)  The department shall adopt a rule pursuant to chapter
2039120 establishing a procedure to provide notice of policy changes
2040that affect contracted delinquency services and programs. A
2041policy is defined as an operational requirement that applies to
2042only the specified contracted delinquency service or program.
2043The procedure shall include:
2044     (a)  Public notice of policy development.
2045     (b)  Opportunity for public comment on the proposed policy.
2046     (c)  Assessment for fiscal impact upon the department and
2047providers.
2048     (d)  The department's response to comments received.
2049     (4)  When the department contracts with a provider for any
2050delinquency service or program, all personnel, including all
2051owners, operators, employees, and volunteers in the facility or
2052providing the service or program shall be of good moral
2053character. A volunteer who assists on an intermittent basis for
2054less than 40 hours per month is not required to be screened if
2055the volunteer is under direct and constant supervision by
2056persons who meet the screening requirements.
2057     (3)(5)(a)  All employees of the department and all
2058personnel of contract providers for any program for children,
2059including all owners, operators, employees, persons who have
2060access to confidential juvenile records, and volunteers, must
2061complete For any person employed by the department, or by a
2062provider under contract with the department, in delinquency
2063facilities, services, or programs, the department shall require:
2064     1.  A level 2 employment screening pursuant to chapter 435
2065prior to employment. The security background investigations
2066conducted under this section must ensure that, in addition to
2067the disqualifying offenses listed in s. 435.04, no person
2068subject to the background screening provisions of this section
2069has been found guilty of, regardless of adjudication, or entered
2070a plea of nolo contendere or guilty to, any offense prohibited
2071under any of the following provisions of the Florida Statutes or
2072under any similar statute of another jurisdiction:
2073     a.  Section 784.07, relating to assault or battery of law
2074enforcement officers, firefighters, emergency medical care
2075providers, public transit employees or agents, or other
2076specified officers.
2077     b.  Section 817.568, relating to criminal use of personal
2078identification information.
2079     2.  A national federal criminal records check by the
2080Federal Bureau of Investigation every 5 years following the date
2081of the person's employment.
2082     (b)  Except for law enforcement, correctional, and
2083correctional probation officers, to whom s. 943.13(5) applies,
2084the department shall electronically submit to the Department of
2085Law Enforcement:
2086     1.  Fingerprint information obtained during the employment
2087screening required by subparagraph (a)1.
2088     2.  Beginning on December 15, 2005, Fingerprint information
2089for all persons employed by the department, or by a provider
2090under contract with the department, in delinquency facilities,
2091services, or programs if such fingerprint information has not
2092previously been electronically submitted to the Department of
2093Law Enforcement under this paragraph.
2094     (c)  All fingerprint information electronically submitted
2095to the Department of Law Enforcement under paragraph (b) shall
2096be retained by the Department of Law Enforcement and entered
2097into the statewide automated fingerprint identification system
2098authorized by s. 943.05(2)(b). Thereafter, such fingerprint
2099information shall be available for all purposes and uses
2100authorized for arrest fingerprint information entered into the
2101statewide automated fingerprint identification system pursuant
2102to s. 943.051 until the fingerprint information is removed
2103pursuant to paragraph (e). The Department of Law Enforcement
2104shall search all arrest fingerprint information received
2105pursuant to s. 943.051 against the fingerprint information
2106entered into the statewide automated fingerprint system pursuant
2107to this subsection. Any arrest records identified as a result of
2108the search shall be reported to the department in the manner and
2109timeframe established by the Department of Law Enforcement by
2110rule.
2111     (d)  The department shall pay an annual fee to the
2112Department of Law Enforcement for its costs resulting from the
2113fingerprint information retention services required by this
2114subsection. The amount of the annual fee and procedures for the
2115submission and retention of fingerprint information and for the
2116dissemination of search results shall be established by the
2117Department of Law Enforcement by a rule that is applicable to
2118the department individually pursuant to this subsection or that
2119is applicable to the department and other employing agencies
2120pursuant to rulemaking authority otherwise provided by law.
2121     (e)  The department shall notify the Department of Law
2122Enforcement when a person whose fingerprint information is
2123retained by the Department of Law Enforcement under this
2124subsection is no longer employed by the department, or by a
2125provider under contract with the department, in a delinquency
2126facility, service, or program. This notice shall be provided by
2127the department to the Department of Law Enforcement no later
2128than 6 months after the date of the change in the person's
2129employment status. Fingerprint information for persons
2130identified by the department in the notice shall be removed from
2131the statewide automated fingerprint system.
2132     (6)  The department may grant exemptions from
2133disqualification from working with children as provided in s.
2134435.07.
2135     (7)  The department may adopt rules pursuant to ss.
2136120.536(1) and 120.54 to describe the procedure and requirements
2137necessary to implement the employment screening and fingerprint
2138retention services for all employees of the department and all
2139personnel of contract providers for any program for children,
2140including all owners, operators, employees, and volunteers,
2141including the collection of associated fees.
2142     Section 44.  Paragraph (a) of subsection (1) of section
2143381.60225, Florida Statutes, is amended to read:
2144     381.60225  Background screening.-
2145     (1)  Each applicant for certification must comply with the
2146following requirements:
2147     (a)  Upon receipt of a completed, signed, and dated
2148application, the Agency for Health Care Administration shall
2149require background screening, in accordance with the level 2
2150standards for screening set forth in chapter 435, of the
2151managing employee, or other similarly titled individual
2152responsible for the daily operation of the organization, agency,
2153or entity, and financial officer, or other similarly titled
2154individual who is responsible for the financial operation of the
2155organization, agency, or entity, including billings for
2156services. The applicant must comply with the procedures for
2157level 2 background screening as set forth in chapter 435, as
2158well as the requirements of s. 435.03(3).
2159     Section 45.  Subsection (32) of section 409.912, Florida
2160Statutes, is amended to read:
2161     409.912  Cost-effective purchasing of health care.-The
2162agency shall purchase goods and services for Medicaid recipients
2163in the most cost-effective manner consistent with the delivery
2164of quality medical care. To ensure that medical services are
2165effectively utilized, the agency may, in any case, require a
2166confirmation or second physician's opinion of the correct
2167diagnosis for purposes of authorizing future services under the
2168Medicaid program. This section does not restrict access to
2169emergency services or poststabilization care services as defined
2170in 42 C.F.R. part 438.114. Such confirmation or second opinion
2171shall be rendered in a manner approved by the agency. The agency
2172shall maximize the use of prepaid per capita and prepaid
2173aggregate fixed-sum basis services when appropriate and other
2174alternative service delivery and reimbursement methodologies,
2175including competitive bidding pursuant to s. 287.057, designed
2176to facilitate the cost-effective purchase of a case-managed
2177continuum of care. The agency shall also require providers to
2178minimize the exposure of recipients to the need for acute
2179inpatient, custodial, and other institutional care and the
2180inappropriate or unnecessary use of high-cost services. The
2181agency shall contract with a vendor to monitor and evaluate the
2182clinical practice patterns of providers in order to identify
2183trends that are outside the normal practice patterns of a
2184provider's professional peers or the national guidelines of a
2185provider's professional association. The vendor must be able to
2186provide information and counseling to a provider whose practice
2187patterns are outside the norms, in consultation with the agency,
2188to improve patient care and reduce inappropriate utilization.
2189The agency may mandate prior authorization, drug therapy
2190management, or disease management participation for certain
2191populations of Medicaid beneficiaries, certain drug classes, or
2192particular drugs to prevent fraud, abuse, overuse, and possible
2193dangerous drug interactions. The Pharmaceutical and Therapeutics
2194Committee shall make recommendations to the agency on drugs for
2195which prior authorization is required. The agency shall inform
2196the Pharmaceutical and Therapeutics Committee of its decisions
2197regarding drugs subject to prior authorization. The agency is
2198authorized to limit the entities it contracts with or enrolls as
2199Medicaid providers by developing a provider network through
2200provider credentialing. The agency may competitively bid single-
2201source-provider contracts if procurement of goods or services
2202results in demonstrated cost savings to the state without
2203limiting access to care. The agency may limit its network based
2204on the assessment of beneficiary access to care, provider
2205availability, provider quality standards, time and distance
2206standards for access to care, the cultural competence of the
2207provider network, demographic characteristics of Medicaid
2208beneficiaries, practice and provider-to-beneficiary standards,
2209appointment wait times, beneficiary use of services, provider
2210turnover, provider profiling, provider licensure history,
2211previous program integrity investigations and findings, peer
2212review, provider Medicaid policy and billing compliance records,
2213clinical and medical record audits, and other factors. Providers
2214shall not be entitled to enrollment in the Medicaid provider
2215network. The agency shall determine instances in which allowing
2216Medicaid beneficiaries to purchase durable medical equipment and
2217other goods is less expensive to the Medicaid program than long-
2218term rental of the equipment or goods. The agency may establish
2219rules to facilitate purchases in lieu of long-term rentals in
2220order to protect against fraud and abuse in the Medicaid program
2221as defined in s. 409.913. The agency may seek federal waivers
2222necessary to administer these policies.
2223     (32)  Each managed care plan that is under contract with
2224the agency to provide health care services to Medicaid
2225recipients shall annually conduct a background check with the
2226Florida Department of Law Enforcement of all persons with
2227ownership interest of 5 percent or more or executive management
2228responsibility for the managed care plan and shall submit to the
2229agency information concerning any such person who has been found
2230guilty of, regardless of adjudication, or has entered a plea of
2231nolo contendere or guilty to, any of the offenses listed in s.
2232435.04 435.03.
2233     Section 46.  Paragraph (e) of subsection (1) of section
2234464.018, Florida Statutes, is amended to read:
2235     464.018  Disciplinary actions.-
2236     (1)  The following acts constitute grounds for denial of a
2237license or disciplinary action, as specified in s. 456.072(2):
2238     (e)  Having been found guilty of, regardless of
2239adjudication, or entered a plea of nolo contendere or guilty to,
2240any offense prohibited under s. 435.04 435.03 or under any
2241similar statute of another jurisdiction; or having committed an
2242act which constitutes domestic violence as defined in s. 741.28.
2243     Section 47.  Paragraph (m) of subsection (1) of section
2244468.3101, Florida Statutes, is amended to read:
2245     468.3101  Disciplinary grounds and actions.-
2246     (1)  The department may make or require to be made any
2247investigations, inspections, evaluations, and tests, and require
2248the submission of any documents and statements, which it
2249considers necessary to determine whether a violation of this
2250part has occurred. The following acts shall be grounds for
2251disciplinary action as set forth in this section:
2252     (m)  Having been found guilty of, regardless of
2253adjudication, or pleading guilty or nolo contendere to, any
2254offense prohibited under s. 435.04 435.03 or under any similar
2255statute of another jurisdiction.
2256     Section 48.  Subsection (3) of section 744.309, Florida
2257Statutes, is amended to read:
2258     744.309  Who may be appointed guardian of a resident ward.-
2259     (3)  DISQUALIFIED PERSONS.-No person who has been convicted
2260of a felony or who, from any incapacity or illness, is incapable
2261of discharging the duties of a guardian, or who is otherwise
2262unsuitable to perform the duties of a guardian, shall be
2263appointed to act as guardian. Further, no person who has been
2264judicially determined to have committed abuse, abandonment, or
2265neglect against a child as defined in s. 39.01 or s. 984.03(1),
2266(2), and (37), or who has been found guilty of, regardless of
2267adjudication, or entered a plea of nolo contendere or guilty to,
2268any offense prohibited under s. 435.04 435.03 or under any
2269similar statute of another jurisdiction, shall be appointed to
2270act as a guardian. Except as provided in subsection (5) or
2271subsection (6), a person who provides substantial services to
2272the proposed ward in a professional or business capacity, or a
2273creditor of the proposed ward, may not be appointed guardian and
2274retain that previous professional or business relationship. A
2275person may not be appointed a guardian if he or she is in the
2276employ of any person, agency, government, or corporation that
2277provides service to the proposed ward in a professional or
2278business capacity, except that a person so employed may be
2279appointed if he or she is the spouse, adult child, parent, or
2280sibling of the proposed ward or the court determines that the
2281potential conflict of interest is insubstantial and that the
2282appointment would clearly be in the proposed ward's best
2283interest. The court may not appoint a guardian in any other
2284circumstance in which a conflict of interest may occur.
2285     Section 49.  Subsection (12) of section 744.474, Florida
2286Statutes, is amended to read:
2287     744.474  Reasons for removal of guardian.-A guardian may be
2288removed for any of the following reasons, and the removal shall
2289be in addition to any other penalties prescribed by law:
2290     (12)  Having been found guilty of, regardless of
2291adjudication, or entered a plea of nolo contendere or guilty to,
2292any offense prohibited under s. 435.04 435.03 or under any
2293similar statute of another jurisdiction.
2294     Section 50.  Paragraph (a) of subsection (6) of section
2295985.04, Florida Statutes, is amended to read:
2296     985.04  Oaths; records; confidential information.-
2297     (6)(a)  Records maintained by the department, including
2298copies of records maintained by the court, which pertain to a
2299child found to have committed a delinquent act which, if
2300committed by an adult, would be a crime specified in s. ss.
2301435.03 and 435.04 may not be destroyed under this section for a
2302period of 25 years after the youth's final referral to the
2303department, except in cases of the death of the child. Such
2304records, however, shall be sealed by the court for use only in
2305meeting the screening requirements for personnel in s. 402.3055
2306and the other sections cited above, or under departmental rule;
2307however, current criminal history information must be obtained
2308from the Department of Law Enforcement in accordance with s.
2309943.053. The information shall be released to those persons
2310specified in the above cited sections for the purposes of
2311complying with those sections. The court may punish by contempt
2312any person who releases or uses the records for any unauthorized
2313purpose.
2314     Section 51.  The changes made by this act are intended to
2315be prospective in nature. It is not intended that persons who
2316are employed or licensed on the effective date of this act be
2317rescreened until such time as they are otherwise required to be
2318rescreened pursuant to law, at which time they must meet the
2319requirements for screening as set forth in this act.
2320     Section 52.  This act shall take effect July 1, 2010.


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