December 06, 2019
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_h7069c1
CS/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; repealing s. 409.1758, F.S.,
48relating to screening of summer camp personnel; amending
49s. 409.221, F.S.; revising background screening
50requirements for persons who render consumer-directed
51care; amending s. 409.907, F.S.; revising background
52screening requirements for Medicaid providers; amending s.
53429.14, F.S.; revising administrative penalty provisions
54relating to assisted living facilities; amending s.
55429.174, F.S.; revising background screening requirements
56for assisted living facilities; amending s. 429.67, F.S.;
57revising licensure requirements for adult family-care
58homes; amending s. 429.69, F.S.; revising background
59screening requirements for adult family-care homes;
60amending s. 429.911, F.S.; revising administrative penalty
61provisions relating to adult day care centers; amending s.
62429.919, F.S.; revising background screening requirements
63for adult day care centers; creating s. 430.60, F.S.;
64providing background screening requirements for direct
65service providers under the Department of Elderly Affairs;
66amending s. 435.01, F.S.; revising provisions related to
67the applicability of the chapter, statutory references to
68the chapter, and rulemaking; providing construction with
69respect to the doctrine of incorporation by reference;
70amending s. 435.02, F.S.; revising and adding definitions;
71amending s. 435.03, F.S.; revising level 1 screening
72standards; adding disqualifying offenses; amending s.
73435.04, F.S.; revising level 2 screening standards;
74requiring electronic submission of fingerprints after a
75certain date; authorizing agencies to contract for
76electronic fingerprinting; adding disqualifying offenses;
77amending s. 435.05, F.S.; revising background check
78requirements for covered employees and employers; amending
79s. 435.06, F.S.; revising provisions relating to exclusion
80from employment; providing that an employer may not hire,
81select, or otherwise allow an employee contact with any
82vulnerable person until the screening process is
83completed; requiring removal of an employee arrested for
84disqualifying offenses from roles requiring background
85screening until the employee's eligibility for employment
86is determined; amending s. 435.07, F.S.; revising
87provisions relating to exemptions from disqualification;
88providing that disqualification from employment may not be
89removed from, nor an exemption be granted to, any person
90who has been designated as a sexual predator, career
91offender, or sexual offender; amending s. 435.08, F.S.;
92revising provisions relating to the payment for processing
93of fingerprints and criminal history records checks;
94amending s. 456.039, F.S.; deleting language relating to
95criminal history records checks of designated health care
96professionals; amending s. 464.203, F.S.; conforming
97provisions to changes made by the act; amending s.
98489.115, F.S.; removing reference to chapter 435, F.S.,
99for background screening of construction contractors;
100amending s. 943.05, F.S.; revising provisions relating to
101the Criminal Justice Information Program under the
102Department of Law Enforcement; authorizing agencies to
103request the retention of certain fingerprints by the
104department; providing for rulemaking to require employers
105to keep the agencies informed of any change in the
106affiliation, employment, or contractual status of each
107person whose fingerprints are retained in certain
108circumstances; providing departmental duties upon
109notification that a federal fingerprint retention program
110is in effect; amending s. 943.053, F.S.; removing obsolete
111references relating to the dissemination of criminal
112justice information; amending s. 985.644, F.S.; revising
113background screening requirements for the Department of
114Juvenile Justice; authorizing rulemaking; amending ss.
115381.60225, 409.912, 464.018, 468.3101, 744.309, 744.474,
116and 985.04, F.S.; conforming provisions to changes made to
117ch. 435, F.S., by this act; providing for prospective
118application of the act; providing an effective date.
119
120Be It Enacted by the Legislature of the State of Florida:
121
122     Section 1.  Subsection (1) of section 39.821, Florida
123Statutes, is amended to read:
124     39.821  Qualifications of guardians ad litem.-
125     (1)  Because of the special trust or responsibility placed
126in a guardian ad litem, the Guardian Ad Litem Program may use
127any private funds collected by the program, or any state funds
128so designated, to conduct a security background investigation
129before certifying a volunteer to serve. A security background
130investigation must include, but need not be limited to,
131employment history checks, checks of references, local criminal
132history records checks through local law enforcement agencies,
133and statewide criminal history records checks through the
134Department of Law Enforcement. Upon request, an employer shall
135furnish a copy of the personnel record for the employee or
136former employee who is the subject of a security background
137investigation conducted under this section. The information
138contained in the personnel record may include, but need not be
139limited to, disciplinary matters and the reason why the employee
140was terminated from employment. An employer who releases a
141personnel record for purposes of a security background
142investigation is presumed to have acted in good faith and is not
143liable for information contained in the record without a showing
144that the employer maliciously falsified the record. A security
145background investigation conducted under this section must
146ensure that a person is not certified as a guardian ad litem if
147the person has an arrest awaiting final disposition for, been
148convicted of, regardless of adjudication, or entered a plea of
149nolo contendere or guilty to, or has been adjudicated delinquent
150and the record has not been sealed or expunged for, any offense
151prohibited under the provisions listed in s. 435.04. All
152applicants certified after July 1, 2010, must undergo a level 2
153background screening pursuant to chapter 435 before being
154certified the provisions of the Florida Statutes specified in s.
155435.04(2) or under any similar law in another jurisdiction.
156Before certifying an applicant to serve as a guardian ad litem,
157the Guardian Ad Litem Program may request a federal criminal
158records check of the applicant through the Federal Bureau of
159Investigation. In analyzing and evaluating the information
160obtained in the security background investigation, the program
161must give particular emphasis to past activities involving
162children, including, but not limited to, child-related criminal
163offenses or child abuse. The program has the sole discretion in
164determining whether to certify a person based on his or her
165security background investigation. The information collected
166pursuant to the security background investigation is
167confidential and exempt from s. 119.07(1).
168     Section 2.  Paragraph (b) of subsection (1) of section
169215.5586, Florida Statutes, is amended to read:
170     215.5586  My Safe Florida Home Program.-There is
171established within the Department of Financial Services the My
172Safe Florida Home Program. The department shall provide fiscal
173accountability, contract management, and strategic leadership
174for the program, consistent with this section. This section does
175not create an entitlement for property owners or obligate the
176state in any way to fund the inspection or retrofitting of
177residential property in this state. Implementation of this
178program is subject to annual legislative appropriations. It is
179the intent of the Legislature that the My Safe Florida Home
180Program provide trained and certified inspectors to perform
181inspections for owners of site-built, single-family, residential
182properties and grants to eligible applicants as funding allows.
183The program shall develop and implement a comprehensive and
184coordinated approach for hurricane damage mitigation that may
185include the following:
186     (1)  HURRICANE MITIGATION INSPECTIONS.-
187     (b)  To qualify for selection by the department as a wind
188certification entity to provide hurricane mitigation
189inspections, the entity shall, at a minimum, meet the following
190requirements:
191     1.  Use hurricane mitigation inspectors who:
192     a.  Are certified as a building inspector under s. 468.607;
193     b.  Are licensed as a general or residential contractor
194under s. 489.111;
195     c.  Are licensed as a professional engineer under s.
196471.015 and who have passed the appropriate equivalency test of
197the building code training program as required by s. 553.841;
198     d.  Are licensed as a professional architect under s.
199481.213; or
200     e.  Have at least 2 years of experience in residential
201construction or residential building inspection and have
202received specialized training in hurricane mitigation
203procedures. Such training may be provided by a class offered
204online or in person.
205     2.  Use hurricane mitigation inspectors who also:
206     a.  Have undergone drug testing and a level 2 background
207screening checks pursuant to s. 435.04. The department may
208conduct criminal history records record checks of inspectors
209used by wind certification entities. Inspectors must submit a
210set of the fingerprints to the department for state and national
211criminal history records checks and must pay the fingerprint
212processing fee set forth in s. 624.501. The fingerprints shall
213be sent by the department to the Department of Law Enforcement
214and forwarded to the Federal Bureau of Investigation for
215processing. The results shall be returned to the department for
216screening. The fingerprints shall be taken by a law enforcement
217agency, designated examination center, or other department-
218approved entity; and
219     b.  Have been certified, in a manner satisfactory to the
220department, to conduct the inspections.
221     3.  Provide a quality assurance program including a
222reinspection component.
223     Section 3.  Subsection (5) is added to section 393.0655,
224Florida Statutes, to read:
225     393.0655  Screening of direct service providers.-
226     (5)  DISQUALIFYING OFFENSES.-The background screening
227conducted under this section must ensure that, in addition to
228the disqualifying offenses listed in s. 435.04, no person
229subject to the provisions of this section has an arrest awaiting
230final disposition for, has been found guilty of, regardless of
231adjudication, has entered a plea of nolo contendere or guilty
232to, or has been adjudicated delinquent and the record has not
233been sealed or expunged for, any offense prohibited under any of
234the following provisions of the Florida Statutes or under any
235similar statute of another jurisdiction:
236     (a)  Any authorizing statutes, if the offense was a felony.
237     (b)  This chapter, if the offense was a felony.
238     (c)  Section 409.920, relating to Medicaid provider fraud.
239     (d)  Section 409.9201, relating to Medicaid fraud.
240     (e)  Section 817.034, relating to fraudulent acts through
241mail, wire, radio, electromagnetic, photoelectronic, or
242photooptical systems.
243     (f)  Section 817.234, relating to false and fraudulent
244insurance claims.
245     (g)  Section 817.505, relating to patient brokering.
246     (h)  Section 817.568, relating to criminal use of personal
247identification information.
248     (i)  Section 817.60, relating to obtaining a credit card
249through fraudulent means.
250     (j)  Section 817.61, relating to fraudulent use of credit
251cards, if the offense was a felony.
252     (k)  Section 831.01, relating to forgery.
253     (l)  Section 831.02, relating to uttering forged
254instruments.
255     (m)  Section 831.07, relating to forging bank bills,
256checks, drafts, or promissory notes.
257     (n)  Section 831.09, relating to uttering forged bank
258bills, checks, drafts, or promissory notes.
259     Section 4.  Section 394.4572, Florida Statutes, is amended
260to read:
261     394.4572  Screening of mental health personnel.-
262     (1)(a)  The department and the Agency for Health Care
263Administration shall require level 2 background employment
264screening pursuant to chapter 435 for mental health personnel
265using the standards for level 2 screening set forth in chapter
266435. "Mental health personnel" includes all program directors,
267professional clinicians, staff members, and volunteers working
268in public or private mental health programs and facilities who
269have direct contact with individuals held for examination or
270admitted for mental health treatment unmarried patients under
271the age of 18 years. For purposes of this chapter, employment
272screening of mental health personnel shall also include, but is
273not limited to, employment screening as provided under chapter
274435 and s. 408.809.
275     (b)  Students in the health care professions who are
276interning in a mental health facility licensed under chapter
277395, where the primary purpose of the facility is not the
278treatment of minors, are exempt from the fingerprinting and
279screening requirements, if provided they are under direct
280supervision in the actual physical presence of a licensed health
281care professional.
282     (c)  Mental health personnel working in a facility licensed
283under chapter 395 who have less than 15 hours per week of direct
284contact with patients or who are health care professionals
285licensed by the Agency for Health Care Administration or a board
286thereunder are exempt from the fingerprinting and screening
287requirements, except for persons working in mental health
288facilities where the primary purpose of the facility is the
289treatment of minors.
290     (d)  A volunteer who assists on an intermittent basis for
291less than 40 hours per month is exempt from the fingerprinting
292and screening requirements, provided the volunteer is under
293direct and constant supervision by persons who meet the
294screening requirements of paragraph (a).
295     (2)  The department or the Agency for Health Care
296Administration may grant exemptions from disqualification as
297provided in chapter 435 s. 435.06.
298     (3)  Prospective mental health personnel who have
299previously been fingerprinted or screened pursuant to this
300chapter, chapter 393, chapter 397, chapter 402, or chapter 409,
301or teachers who have been fingerprinted pursuant to chapter
3021012, who have not been unemployed for more than 90 days
303thereafter, and who under the penalty of perjury attest to the
304completion of such fingerprinting or screening and to compliance
305with the provisions of this section and the standards for level
3061 screening contained in chapter 435, shall not be required to
307be refingerprinted or rescreened in order to comply with any
308screening requirements of this part.
309     Section 5.  Section 400.215, Florida Statutes, is amended
310to read:
311     400.215  Personnel screening requirement.-
312     (1)  The agency shall require level 2 background screening
313for personnel as required in s. 408.809(1)(e) pursuant to as
314provided in chapter 435 and s. 408.809. for all employees or
315prospective employees of facilities licensed under this part who
316are expected to, or whose responsibilities may require them to:
317     (a)  Provide personal care or services to residents;
318     (b)  Have access to resident living areas; or
319     (c)  Have access to resident funds or other personal
320property.
321     (2)  Employers and employees shall comply with the
322requirements of s. 435.05.
323     (a)  Notwithstanding the provisions of s. 435.05(1),
324facilities must have in their possession evidence that level 1
325screening has been completed before allowing an employee to
326begin working with patients as provided in subsection (1). All
327information necessary for conducting background screening using
328level 1 standards as specified in s. 435.03 shall be submitted
329by the nursing facility to the agency. Results of the background
330screening shall be provided by the agency to the requesting
331nursing facility.
332     (b)  Employees qualified under the provisions of paragraph
333(a) who have not maintained continuous residency within the
334state for the 5 years immediately preceding the date of request
335for background screening must complete level 2 screening, as
336provided in chapter 435. Such employees may work in a
337conditional status up to 180 days pending the receipt of written
338findings evidencing the completion of level 2 screening. Level 2
339screening shall not be required of employees or prospective
340employees who attest in writing under penalty of perjury that
341they meet the residency requirement. Completion of level 2
342screening shall require the employee or prospective employee to
343furnish to the nursing facility a full set of fingerprints to
344enable a criminal background investigation to be conducted. The
345nursing facility shall submit the completed fingerprint card to
346the agency. The agency shall establish a record of the request
347in the database provided for in paragraph (c) and forward the
348request to the Department of Law Enforcement, which is
349authorized to submit the fingerprints to the Federal Bureau of
350Investigation for a national criminal history records check. The
351results of the national criminal history records check shall be
352returned to the agency, which shall maintain the results in the
353database provided for in paragraph (c). The agency shall notify
354the administrator of the requesting nursing facility or the
355administrator of any other facility licensed under chapter 393,
356chapter 394, chapter 395, chapter 397, chapter 429, or this
357chapter, as requested by such facility, as to whether or not the
358employee has qualified under level 1 or level 2 screening. An
359employee or prospective employee who has qualified under level 2
360screening and has maintained such continuous residency within
361the state shall not be required to complete a subsequent level 2
362screening as a condition of employment at another facility.
363     (c)  The agency shall establish and maintain a database of
364background screening information which shall include the results
365of both level 1 and level 2 screening. The Department of Law
366Enforcement shall timely provide to the agency, electronically,
367the results of each statewide screening for incorporation into
368the database. The agency shall, upon request from any facility,
369agency, or program required by or authorized by law to screen
370its employees or applicants, notify the administrator of the
371facility, agency, or program of the qualifying or disqualifying
372status of the employee or applicant named in the request.
373     (d)  Applicants and employees shall be excluded from
374employment pursuant to s. 435.06.
375     (3)  The applicant is responsible for paying the fees
376associated with obtaining the required screening. Payment for
377the screening shall be submitted to the agency. The agency shall
378establish a schedule of fees to cover the costs of level 1 and
379level 2 screening. Facilities may reimburse employees for these
380costs. The Department of Law Enforcement shall charge the agency
381for a level 1 or level 2 screening a rate sufficient to cover
382the costs of such screening pursuant to s. 943.053(3). The
383agency shall, as allowable, reimburse nursing facilities for the
384cost of conducting background screening as required by this
385section. This reimbursement will not be subject to any rate
386ceilings or payment targets in the Medicaid Reimbursement plan.
387     (4)(a)  As provided in s. 435.07, the agency may grant an
388exemption from disqualification to an employee or prospective
389employee who is subject to this section and who has not received
390a professional license or certification from the Department of
391Health.
392     (b)  As provided in s. 435.07, the appropriate regulatory
393board within the Department of Health, or that department itself
394when there is no board, may grant an exemption from
395disqualification to an employee or prospective employee who is
396subject to this section and who has received a professional
397license or certification from the Department of Health or a
398regulatory board within that department.
399     (5)  Any provision of law to the contrary notwithstanding,
400persons who have been screened and qualified as required by this
401section and who have not been unemployed for more than 180 days
402thereafter, and who under penalty of perjury attest to not
403having been convicted of a disqualifying offense since the
404completion of such screening, shall not be required to be
405rescreened. An employer may obtain, pursuant to s. 435.10,
406written verification of qualifying screening results from the
407previous employer or other entity which caused such screening to
408be performed.
409     (6)  The agency and the Department of Health shall have
410authority to adopt rules pursuant to the Administrative
411Procedure Act to implement this section.
412     (7)  All employees shall comply with the requirements of
413this section by October 1, 1998. No current employee of a
414nursing facility as of the effective date of this act shall be
415required to submit to rescreening if the nursing facility has in
416its possession written evidence that the person has been
417screened and qualified according to level 1 standards as
418specified in s. 435.03(1). Any current employee who meets the
419level 1 requirement but does not meet the 5-year residency
420requirement as specified in this section must provide to the
421employing nursing facility written attestation under penalty of
422perjury that the employee has not been convicted of a
423disqualifying offense in another state or jurisdiction. All
424applicants hired on or after October 1, 1998, shall comply with
425the requirements of this section.
426     (8)  There is no monetary or unemployment liability on the
427part of, and no cause of action for damages arising against an
428employer that, upon notice of a disqualifying offense listed
429under chapter 435 or an act of domestic violence, terminates the
430employee against whom the report was issued, whether or not the
431employee has filed for an exemption with the Department of
432Health or the Agency for Health Care Administration.
433     Section 6.  Subsection (9) of section 400.506, Florida
434Statutes, is amended to read:
435     400.506  Licensure of nurse registries; requirements;
436penalties.-
437     (9)  Each nurse registry must comply with the background
438screening requirements procedures set forth in s. 400.512 for
439maintaining records of the work history of all persons referred
440for contract and is subject to the standards and conditions set
441forth in that section. However, an initial screening may not be
442required for persons who have been continuously registered with
443the nurse registry since October 1, 2000.
444     Section 7.  Section 400.512, Florida Statutes, is amended
445to read:
446     400.512  Screening of home health agency personnel; nurse
447registry personnel; and companions and homemakers.-The agency
448shall require level 2 background screening for personnel as
449required in s. 408.809(1)(e) pursuant to chapter 435 and s.
450408.809 employment or contractor screening as provided in
451chapter 435, using the level 1 standards for screening set forth
452in that chapter, for home health agency personnel; persons
453referred for employment by nurse registries; and persons
454employed by companion or homemaker services registered under s.
455400.509.
456     (1)(a)  The Agency for Health Care Administration may, upon
457request, grant exemptions from disqualification from employment
458or contracting under this section as provided in s. 435.07,
459except for health care practitioners licensed by the Department
460of Health or a regulatory board within that department.
461     (b)  The appropriate regulatory board within the Department
462of Health, or that department itself when there is no board,
463may, upon request of the licensed health care practitioner,
464grant exemptions from disqualification from employment or
465contracting under this section as provided in s. 435.07.
466     (2)  The administrator of each home health agency, the
467managing employee of each nurse registry, and the managing
468employee of each companion or homemaker service registered under
469s. 400.509 must sign an affidavit annually, under penalty of
470perjury, stating that all personnel hired or contracted with or
471registered on or after October 1, 2000, who enter the home of a
472patient or client in their service capacity have been screened.
473     (3)  As a prerequisite to operating as a home health
474agency, nurse registry, or companion or homemaker service under
475s. 400.509, the administrator or managing employee,
476respectively, must submit to the agency his or her name and any
477other information necessary to conduct a complete screening
478according to this section. The agency shall submit the
479information to the Department of Law Enforcement for state
480processing. The agency shall review the record of the
481administrator or manager with respect to the offenses specified
482in this section and shall notify the owner of its findings. If
483disposition information is missing on a criminal record, the
484administrator or manager, upon request of the agency, must
485obtain and supply within 30 days the missing disposition
486information to the agency. Failure to supply missing information
487within 30 days or to show reasonable efforts to obtain such
488information will result in automatic disqualification.
489     (4)  Proof of compliance with the screening requirements of
490chapter 435 shall be accepted in lieu of the requirements of
491this section if the person has been continuously employed or
492registered without a breach in service that exceeds 180 days,
493the proof of compliance is not more than 2 years old, and the
494person has been screened by the Department of Law Enforcement. A
495home health agency, nurse registry, or companion or homemaker
496service registered under s. 400.509 shall directly provide proof
497of compliance to another home health agency, nurse registry, or
498companion or homemaker service registered under s. 400.509. The
499recipient home health agency, nurse registry, or companion or
500homemaker service registered under s. 400.509 may not accept any
501proof of compliance directly from the person who requires
502screening. Proof of compliance with the screening requirements
503of this section shall be provided upon request to the person
504screened by the home health agencies; nurse registries; or
505companion or homemaker services registered under s. 400.509.
506     (5)  There is no monetary liability on the part of, and no
507cause of action for damages arises against, a licensed home
508health agency, licensed nurse registry, or companion or
509homemaker service registered under s. 400.509, that, upon notice
510that the employee or contractor has been found guilty of,
511regardless of adjudication, or entered a plea of nolo contendere
512or guilty to, any offense prohibited under s. 435.03 or under
513any similar statute of another jurisdiction, terminates the
514employee or contractor, whether or not the employee or
515contractor has filed for an exemption with the agency in
516accordance with chapter 435 and whether or not the time for
517filing has expired.
518     (6)  The costs of processing the statewide correspondence
519criminal records checks must be borne by the home health agency;
520the nurse registry; or the companion or homemaker service
521registered under s. 400.509, or by the person being screened, at
522the discretion of the home health agency, nurse registry, or s.
523400.509 registrant.
524     Section 8.  Section 400.6065, Florida Statutes, is amended
525to read:
526     400.6065  Background screening.-The agency shall require
527level 2 background employment or contractor screening for
528personnel as required in s. 408.809(1)(e) pursuant to chapter
529435 and s. 408.809 as provided in chapter 435, using the level 1
530standards for screening set forth in that chapter, for hospice
531personnel.
532     Section 9.  Subsection (2) of section 400.801, Florida
533Statutes, is amended to read:
534     400.801  Homes for special services.-
535     (2)(a)  The requirements of part II of chapter 408 apply to
536the provision of services that require licensure pursuant to
537this section and part II of chapter 408 and entities licensed by
538or applying for such licensure from the agency pursuant to this
539section. A license issued by the agency is required in order to
540operate a home for special services in this state.
541     (b)  The agency shall require level 2 background screening
542for personnel as required in s. 408.809(1)(e) pursuant to
543chapter 435 and s. 408.809.
544     Section 10.  Paragraph (d) is added to subsection (2) of
545section 400.805, Florida Statutes, to read:
546     400.805  Transitional living facilities.-
547     (2)
548     (d)  The agency shall require level 2 background screening
549for personnel as required in s. 408.809(1)(e) pursuant to
550chapter 435 and s. 408.809.
551     Section 11.  Section 400.9065, Florida Statutes, is created
552to read:
553     400.9065  Background screening.-The agency shall require
554level 2 background screening for personnel as required in s.
555408.809(1)(e) pursuant to chapter 435 and s. 408.809.
556     Section 12.  Subsection (16) of section 400.934, Florida
557Statutes, is amended to read:
558     400.934  Minimum standards.-As a requirement of licensure,
559home medical equipment providers shall:
560     (16)  Establish procedures for maintaining a record of the
561employment history, including background screening as required
562by ss. s. 400.953, and 408.809(1) and chapter 435 of all home
563medical equipment provider personnel. A home medical equipment
564provider must require its personnel to submit an employment
565history to the home medical equipment provider and must verify
566the employment history for at least the previous 5 years, unless
567through diligent efforts such verification is not possible.
568There is no monetary liability on the part of, and no cause of
569action for damages arising against a former employer, a
570prospective employee, or a prospective independent contractor
571with a licensed home medical equipment provider, who reasonably
572and in good faith communicates his or her honest opinions about
573a former employee's job performance. This subsection does not
574affect the official immunity of an officer or employee of a
575public corporation.
576     Section 13.  Section 400.953, Florida Statutes, is amended
577to read:
578     400.953  Background screening of home medical equipment
579provider personnel.-The agency shall require level 2 background
580screening for personnel as required in s. 408.809(1)(e) pursuant
581to chapter 435 and s. 408.809 employment screening as provided
582in chapter 435, using the level 1 standards for screening set
583forth in that chapter, for home medical equipment provider
584personnel.
585     (1)  The agency may grant exemptions from disqualification
586from employment under this section as provided in s. 435.07.
587     (2)  The general manager of each home medical equipment
588provider must sign an affidavit annually, under penalty of
589perjury, stating that all home medical equipment provider
590personnel hired on or after July 1, 1999, who enter the home of
591a patient in the capacity of their employment have been screened
592and that its remaining personnel have worked for the home
593medical equipment provider continuously since before July 1,
5941999.
595     (3)  Proof of compliance with the screening requirements of
596s. 110.1127, s. 393.0655, s. 394.4572, s. 397.451, s. 402.305,
597s. 402.313, s. 409.175, s. 464.008, or s. 985.644 or this part
598must be accepted in lieu of the requirements of this section if
599the person has been continuously employed in the same type of
600occupation for which he or she is seeking employment without a
601breach in service that exceeds 180 days, the proof of compliance
602is not more than 2 years old, and the person has been screened
603by the Department of Law Enforcement. An employer or contractor
604shall directly provide proof of compliance to another employer
605or contractor, and a potential employer or contractor may not
606accept any proof of compliance directly from the person
607requiring screening. Proof of compliance with the screening
608requirements of this section shall be provided, upon request, to
609the person screened by the home medical equipment provider.
610     (4)  There is no monetary liability on the part of, and no
611cause of action for damages arising against, a licensed home
612medical equipment provider that, upon notice that an employee
613has been found guilty of, regardless of adjudication, or entered
614a plea of nolo contendere or guilty to, any offense prohibited
615under s. 435.03 or under any similar statute of another
616jurisdiction, terminates the employee, whether or not the
617employee has filed for an exemption with the agency and whether
618or not the time for filing has expired.
619     (5)  The costs of processing the statewide correspondence
620criminal records checks must be borne by the home medical
621equipment provider or by the person being screened, at the
622discretion of the home medical equipment provider.
623     (6)  Neither the agency nor the home medical equipment
624provider may use the criminal records or juvenile records of a
625person for any purpose other than determining whether that
626person meets minimum standards of good moral character for home
627medical equipment provider personnel.
628     (7)(a)  It is a misdemeanor of the first degree, punishable
629as provided in s. 775.082 or s. 775.083, for any person
630willfully, knowingly, or intentionally to:
631     1.  Fail, by false statement, misrepresentation,
632impersonation, or other fraudulent means, to disclose in any
633application for paid employment a material fact used in making a
634determination as to the person's qualifications to be an
635employee under this section;
636     2.  Operate or attempt to operate an entity licensed under
637this part with persons who do not meet the minimum standards for
638good moral character as contained in this section; or
639     3.  Use information from the criminal records obtained
640under this section for any purpose other than screening that
641person for employment as specified in this section, or release
642such information to any other person for any purpose other than
643screening for employment under this section.
644     (b)  It is a felony of the third degree, punishable as
645provided in s. 775.082, s. 775.083, or s. 775.084, for any
646person willfully, knowingly, or intentionally to use information
647from the juvenile records of a person obtained under this
648section for any purpose other than screening for employment
649under this section.
650     Section 14.  Section 400.955, Florida Statutes, is
651repealed.
652     Section 15.  Section 400.964, Florida Statutes, is amended
653to read:
654     400.964  Personnel screening requirement.-
655     (1)  The agency shall require level 2 background screening
656for personnel as required in s. 408.809(1)(e) pursuant to
657chapter 435 and s. 408.809 as provided in chapter 435 for all
658employees or prospective employees of facilities licensed under
659this part who are expected to be, or whose responsibilities are
660such that they would be considered to be, a direct service
661provider.
662     (2)  Employers and employees shall comply with the
663requirements of chapter 435.
664     (3)  Applicants and employees shall be excluded from
665employment pursuant to s. 435.06.
666     (4)  The applicant is responsible for paying the fees
667associated with obtaining the required screening. Payment for
668the screening must be submitted to the agency as prescribed by
669the agency.
670     (5)  Notwithstanding any other provision of law, persons
671who have been screened and qualified as required by this section
672and who have not been unemployed for more than 180 days
673thereafter, and who under penalty of perjury attest to not
674having been convicted of a disqualifying offense since the
675completion of such screening are not required to be rescreened.
676An employer may obtain, pursuant to s. 435.10, written
677verification of qualifying screening results from the previous
678employer or other entity that caused such screening to be
679performed.
680     (6)  The agency may adopt rules to administer this section.
681     (7)  All employees must comply with the requirements of
682this section by October 1, 2000. A person employed by a facility
683licensed pursuant to this part as of the effective date of this
684act is not required to submit to rescreening if the facility has
685in its possession written evidence that the person has been
686screened and qualified according to level 1 standards as
687specified in s. 435.03. Any current employee who meets the level
6881 requirement but does not meet the 5-year residency requirement
689must provide to the employing facility written attestation under
690penalty of perjury that the employee has not been convicted of a
691disqualifying offense in another state or jurisdiction. All
692applicants hired on or after October 1, 1999, must comply with
693the requirements of this section.
694     (8)  There is no monetary or unemployment liability on the
695part of, and no cause of action for damages arises against an
696employer that, upon notice of a disqualifying offense listed
697under chapter 435 or an act of domestic violence, terminates the
698employee, whether or not the employee has filed for an exemption
699with the Department of Health or the Agency for Health Care
700Administration.
701     Section 16.  Subsection (3) of section 400.980, Florida
702Statutes, is amended to read:
703     400.980  Health care services pools.-
704     (3)  Upon receipt of a completed, signed, and dated
705application, The agency shall require level 2 background
706screening for personnel as required in s. 408.809(1)(e) pursuant
707to chapter 435 and s. 408.809, in accordance with the level 1
708standards for screening set forth in chapter 435, of every
709individual who will have contact with patients.
710     Section 17.  Subsection (5) of section 400.991, Florida
711Statutes, is amended to read:
712     400.991  License requirements; background screenings;
713prohibitions.-
714     (5)  Each applicant for licensure shall comply with the
715following requirements:
716     (a)  As used in this subsection, the term "applicant" means
717individuals owning or controlling, directly or indirectly, 5
718percent or more of an interest in a clinic; the medical or
719clinic director, or a similarly titled person who is responsible
720for the day-to-day operation of the licensed clinic; the
721financial officer or similarly titled individual who is
722responsible for the financial operation of the clinic; and
723licensed health care practitioners at the clinic.
724     (b)  Upon receipt of a completed, signed, and dated
725application, The agency shall require level 2 background
726screening for applicants and personnel as required in s.
727408.809(1)(e) pursuant to chapter 435 and s. 408.809 of the
728applicant, in accordance with the level 2 standards for
729screening set forth in chapter 435. Proof of compliance with the
730level 2 background screening requirements of chapter 435 which
731has been submitted within the previous 5 years in compliance
732with any other health care licensure requirements of this state
733is acceptable in fulfillment of this paragraph. Applicants who
734own less than 10 percent of a health care clinic are not
735required to submit fingerprints under this section.
736     (c)  Each applicant must submit to the agency, with the
737application, a description and explanation of any exclusions,
738permanent suspensions, or terminations of an applicant from the
739Medicare or Medicaid programs. Proof of compliance with the
740requirements for disclosure of ownership and control interest
741under the Medicaid or Medicare programs may be accepted in lieu
742of this submission. The description and explanation may indicate
743whether such exclusions, suspensions, or terminations were
744voluntary or not voluntary on the part of the applicant.
745     (d)  A license may not be granted to a clinic if the
746applicant has been found guilty of, regardless of adjudication,
747or has entered a plea of nolo contendere or guilty to, any
748offense prohibited under the level 2 standards for screening set
749forth in chapter 435, or a violation of insurance fraud under s.
750817.234, within the past 5 years. If the applicant has been
751convicted of an offense prohibited under the level 2 standards
752or insurance fraud in any jurisdiction, the applicant must show
753that his or her civil rights have been restored prior to
754submitting an application.
755     Section 18.  Paragraph (h) is added to subsection (1) of
756section 408.806, Florida Statutes, to read:
757     408.806  License application process.-
758     (1)  An application for licensure must be made to the
759agency on forms furnished by the agency, submitted under oath,
760and accompanied by the appropriate fee in order to be accepted
761and considered timely. The application must contain information
762required by authorizing statutes and applicable rules and must
763include:
764     (h)  An affidavit, under penalty of perjury, as required in
765s. 435.05(3), stating compliance with the provisions of this
766section and chapter 435.
767     Section 19.  Subsection (2) of section 408.808, Florida
768Statutes, is amended to read:
769     408.808  License categories.-
770     (2)  PROVISIONAL LICENSE.-A provisional license may be
771issued to an applicant pursuant to s. 408.809(3). An applicant
772against whom a proceeding denying or revoking a license is
773pending at the time of license renewal may be issued a
774provisional license effective until final action not subject to
775further appeal. A provisional license may also be issued to an
776applicant applying for a change of ownership. A provisional
777license shall be limited in duration to a specific period of
778time, not to exceed 12 months, as determined by the agency.
779     Section 20.  Section 408.809, Florida Statutes, is amended
780to read:
781     408.809  Background screening; prohibited offenses.-
782     (1)  Level 2 background screening pursuant to chapter 435
783must be conducted through the agency on each of the following
784persons, who shall be considered an employee for the purposes of
785conducting screening under chapter 435:
786     (a)  The licensee, if an individual.
787     (b)  The administrator or a similarly titled person who is
788responsible for the day-to-day operation of the provider.
789     (c)  The financial officer or similarly titled individual
790who is responsible for the financial operation of the licensee
791or provider.
792     (d)  Any person who is a controlling interest if the agency
793has reason to believe that such person has been convicted of any
794offense prohibited by s. 435.04. For each controlling interest
795who has been convicted of any such offense, the licensee shall
796submit to the agency a description and explanation of the
797conviction at the time of license application.
798     (e)  Any person, as required by authorizing statutes,
799seeking employment with a licensee or provider who is expected
800to, or whose responsibilities may require him or her to, provide
801personal care or services directly to clients or have access to
802client funds, personal property, or living areas; and any
803person, as required by authorizing statutes, contracting with a
804licensee or provider whose responsibilities require him or her
805to provide personal care or personal services directly to
806clients. Evidence of contractor screening may be retained by the
807contractor's employer or the licensee.
808     (2)  Every 5 years following his or her licensure,
809employment, or entry into a contract in a capacity that under
810subsection (1) would require level 2 background screening under
811chapter 435, each such person must submit to level 2 background
812rescreening as a condition of retaining such license or
813continuing in such employment or contractual status. For any
814such rescreening, the agency shall request the Department of Law
815Enforcement to forward the person's fingerprints to the Federal
816Bureau of Investigation for a national criminal history records
817check. If the fingerprints of such a person are not retained by
818the Department of Law Enforcement under s. 943.05(2)(g), the
819person must file a complete set of fingerprints with the agency
820and the agency shall forward the fingerprints to the Department
821of Law Enforcement for state processing and the Department of
822Law Enforcement shall forward the fingerprints to the Federal
823Bureau of Investigation for national processing. The
824fingerprints may be retained by the Department of Law
825Enforcement under s. 943.05(2)(g). The cost of the state and
826national criminal history records checks required by level 2
827screening may be borne by the licensee or the person
828fingerprinted. Proof of compliance with level 2 screening
829standards submitted within the previous 5 years to meet any
830provider or professional licensure requirements of the agency,
831the Department of Health, the Agency for Persons with
832Disabilities, or the Department of Children and Family Services,
833or the Department of Financial Services for an applicant for a
834certificate of authority or provisional certificate of authority
835to operate a continuing care retirement community under chapter
836651 satisfies the requirements of this section, provided the
837person subject to screening has not been unemployed for more
838than 90 consecutive days and that such proof is accompanied,
839under penalty of perjury, by an affidavit of compliance with the
840provisions of chapter 435 and this section using forms provided
841by the agency. Proof of compliance with the background screening
842requirements of the Department of Financial Services submitted
843within the previous 5 years for an applicant for a certificate
844of authority to operate a continuing care retirement community
845under chapter 651 satisfies the Department of Law Enforcement
846and Federal Bureau of Investigation portions of a level 2
847background check.
848     (3)  All fingerprints must be provided in electronic
849format. Screening results shall be reviewed by the agency with
850respect to the offenses specified in s. 435.04 and this section
851and the qualifying or disqualifying status of the person named
852in the request shall be maintained in a database. The qualifying
853or disqualifying status of the person named in the request shall
854be posted on a secure website for retrieval by the licensee or a
855designated agent on the licensee's behalf. A provisional license
856may be granted to an applicant when each individual required by
857this section to undergo background screening has met the
858standards for the Department of Law Enforcement background check
859but the agency has not yet received background screening results
860from the Federal Bureau of Investigation. A standard license may
861be granted to the licensee upon the agency's receipt of a report
862of the results of the Federal Bureau of Investigation background
863screening for each individual required by this section to
864undergo background screening that confirms that all standards
865have been met or upon the granting of an exemption from
866disqualification by the agency as set forth in chapter 435.
867     (4)  When a person is newly employed in a capacity that
868requires screening under this section, the licensee must notify
869the agency of the change within the time period specified in the
870authorizing statute or rules and must submit to the agency
871information necessary to conduct level 2 screening or provide
872evidence of compliance with background screening requirements of
873this section. The person may serve in his or her capacity
874pending the agency's receipt of the report from the Federal
875Bureau of Investigation if he or she has met the standards for
876the Department of Law Enforcement background check. However, the
877person may not continue to serve in his or her capacity if the
878report indicates any violation of background screening standards
879unless an exemption from disqualification has been granted by
880the agency as set forth in chapter 435.
881     (4)(5)  Effective October 1, 2009, In addition to the
882offenses listed in s. ss. 435.03 and 435.04, all persons
883required to undergo background screening pursuant to this part
884or authorizing statutes must not have an arrest awaiting final
885disposition for, been found guilty of, regardless of
886adjudication, or entered a plea of nolo contendere or guilty to,
887or have been adjudicated delinquent and the record has not been
888sealed or expunged for, any of the following offenses or any
889similar offense of another jurisdiction:
890     (a)  Any authorizing statutes, if the offense was a felony.
891     (b)  This chapter, if the offense was a felony.
892     (c)  Section 409.920, relating to Medicaid provider fraud,
893if the offense was a felony.
894     (d)  Section 409.9201, relating to Medicaid fraud, if the
895offense was a felony.
896     (e)  Section 741.28, relating to domestic violence.
897     (f)  Chapter 784, relating to assault, battery, and
898culpable negligence, if the offense was a felony.
899     (g)  Section 810.02, relating to burglary.
900     (f)(h)  Section 817.034, relating to fraudulent acts
901through mail, wire, radio, electromagnetic, photoelectronic, or
902photooptical systems.
903     (g)(i)  Section 817.234, relating to false and fraudulent
904insurance claims.
905     (h)(j)  Section 817.505, relating to patient brokering.
906     (i)(k)  Section 817.568, relating to criminal use of
907personal identification information.
908     (j)(l)  Section 817.60, relating to obtaining a credit card
909through fraudulent means.
910     (k)(m)  Section 817.61, relating to fraudulent use of
911credit cards, if the offense was a felony.
912     (l)(n)  Section 831.01, relating to forgery.
913     (m)(o)  Section 831.02, relating to uttering forged
914instruments.
915     (n)(p)  Section 831.07, relating to forging bank bills,
916checks, drafts, or promissory notes.
917     (o)(q)  Section 831.09, relating to uttering forged bank
918bills, checks, drafts, or promissory notes.
919     (p)(r)  Section 831.30, relating to fraud in obtaining
920medicinal drugs.
921     (q)(s)  Section 831.31, relating to the sale, manufacture,
922delivery, or possession with the intent to sell, manufacture, or
923deliver any counterfeit controlled substance, if the offense was
924a felony.
925
926A person who serves as a controlling interest of, or is employed
927by, or contracts with a licensee on June 30, 2010 September 30,
9282009, who has been screened and qualified according to standards
929specified in s. 435.03 or s. 435.04 must be rescreened by June
93030, 2015. The agency may adopt rules pursuant to ss. 120.536(1)
931and 120.54 to establish a schedule to stagger the implementation
932of the required rescreening over the 5-year period starting June
93330, 2010, through June 30, 2015 is not required by law to submit
934to rescreening if that licensee has in its possession written
935evidence that the person has been screened and qualified
936according to the standards specified in s. 435.03 or s. 435.04.
937However, if such person has a disqualifying offense listed in
938this section, he or she may apply for an exemption from the
939appropriate licensing agency before September 30, 2009, and if
940agreed to by the employer, may continue to perform his or her
941duties until the licensing agency renders a decision on the
942application for exemption for offenses listed in this section.
943Exemptions from disqualification may be granted pursuant to s.
944435.07.
945     (5)(6)  The costs associated with obtaining the required
946screening must be borne either by the licensee or the person
947subject to screening. Licensees may reimburse persons for these
948costs. The Department of Law Enforcement shall charge the agency
949for screening pursuant to s. 943.053(3). The agency shall
950establish a schedule of fees to cover the costs of screening The
951attestations required under ss. 435.04(5) and 435.05(3) must be
952submitted at the time of license renewal, notwithstanding the
953provisions of ss. 435.04(5) and 435.05(3) which require annual
954submission of an affidavit of compliance with background
955screening requirements.
956     (6)(a)  As provided in chapter 435, the agency may grant an
957exemption from disqualification to a person who is subject to
958this section and who:
959     1.  Has not received a professional license or
960certification from the Department of Health; or
961     2.  Has received a professional license or certification
962from the Department of Health but is not providing a service
963within the scope of that license or certification.
964     (b)  As provided in chapter 435, the appropriate regulatory
965board within the Department of Health, or the department itself
966when there is no board, may grant an exemption from
967disqualification to a person who is subject to this section and
968who has received a professional license or certification from
969the Department of Health or a regulatory board within that
970department and that person is providing a service within the
971scope of his or her licensed or certified practice.
972     (7)  The agency and the Department of Health may adopt
973rules pursuant to ss. 120.536(1) and 120.54 to implement this
974section, chapter 435, and authorizing statutes requiring
975background screening and to implement and adopt criteria
976relating to retaining fingerprints pursuant to s. 943.05(2).
977     (8)  There is no unemployment compensation or other
978monetary liability on the part of, and no cause of action for
979damages arising against, an employer that, upon notice of a
980disqualifying offense listed under chapter 435 or this section,
981terminates the person against whom the report was issued,
982whether or not that person has filed for an exemption with the
983Department of Health or the agency.
984     Section 21.  Paragraph (k) of subsection (2) of section
985409.175, Florida Statutes, is amended to read:
986     409.175  Licensure of family foster homes, residential
987child-caring agencies, and child-placing agencies; public
988records exemption.-
989     (2)  As used in this section, the term:
990     (k)  "Screening" means the act of assessing the background
991of personnel and includes, but is not limited to, employment
992history checks as provided in chapter 435, using the level 2
993standards for screening set forth in that chapter. Screening for
994employees and volunteers in summer day camps and summer 24-hour
995camps and screening for all volunteers included under the
996definition of "personnel" shall be conducted as provided in
997chapter 435, using the level 2 level 1 standards set forth in
998that chapter.
999     Section 22.  Section 409.1758, Florida Statutes, is
1000repealed.
1001     Section 23.  Paragraph (i) of subsection (4) of section
1002409.221, Florida Statutes, is amended to read:
1003     409.221  Consumer-directed care program.-
1004     (4)  CONSUMER-DIRECTED CARE.-
1005     (i)  Background screening requirements.-All persons who
1006render care under this section must undergo level 2 background
1007screening pursuant to chapter 435 shall comply with the
1008requirements of s. 435.05. Persons shall be excluded from
1009employment pursuant to s. 435.06.
1010     1.  Persons excluded from employment may request an
1011exemption from disqualification, as provided in s. 435.07.
1012Persons not subject to certification or professional licensure
1013may request an exemption from the agency. In considering a
1014request for an exemption, the agency shall comply with the
1015provisions of s. 435.07.
1016     2.  The agency shall, as allowable, reimburse consumer-
1017employed caregivers for the cost of conducting background
1018screening as required by this section.
1019
1020For purposes of this section, a person who has undergone
1021screening, who is qualified for employment under this section
1022and applicable rule, and who has not been unemployed for more
1023than 90 180 days following such screening is not required to be
1024rescreened. Such person must attest under penalty of perjury to
1025not having been convicted of a disqualifying offense since
1026completing such screening.
1027     Section 24.  Subsection (8) of section 409.907, Florida
1028Statutes, is amended to read:
1029     409.907  Medicaid provider agreements.-The agency may make
1030payments for medical assistance and related services rendered to
1031Medicaid recipients only to an individual or entity who has a
1032provider agreement in effect with the agency, who is performing
1033services or supplying goods in accordance with federal, state,
1034and local law, and who agrees that no person shall, on the
1035grounds of handicap, race, color, or national origin, or for any
1036other reason, be subjected to discrimination under any program
1037or activity for which the provider receives payment from the
1038agency.
1039     (8)(a)  Each provider, or each principal of the provider if
1040the provider is a corporation, partnership, association, or
1041other entity, seeking to participate in the Medicaid program
1042must submit a complete set of his or her fingerprints to the
1043agency for the purpose of conducting a criminal history records
1044record check. Principals of the provider include any officer,
1045director, billing agent, managing employee, or affiliated
1046person, or any partner or shareholder who has an ownership
1047interest equal to 5 percent or more in the provider. However, a
1048director of a not-for-profit corporation or organization is not
1049a principal for purposes of a background investigation as
1050required by this section if the director: serves solely in a
1051voluntary capacity for the corporation or organization, does not
1052regularly take part in the day-to-day operational decisions of
1053the corporation or organization, receives no remuneration from
1054the not-for-profit corporation or organization for his or her
1055service on the board of directors, has no financial interest in
1056the not-for-profit corporation or organization, and has no
1057family members with a financial interest in the not-for-profit
1058corporation or organization; and if the director submits an
1059affidavit, under penalty of perjury, to this effect to the
1060agency and the not-for-profit corporation or organization
1061submits an affidavit, under penalty of perjury, to this effect
1062to the agency as part of the corporation's or organization's
1063Medicaid provider agreement application. Notwithstanding the
1064above, the agency may require a background check for any person
1065reasonably suspected by the agency to have been convicted of a
1066crime. This subsection shall not apply to:
1067     1.  A hospital licensed under chapter 395;
1068     2.  A nursing home licensed under chapter 400;
1069     3.  A hospice licensed under chapter 400;
1070     4.  An assisted living facility licensed under chapter 429;
1071     5.  A unit of local government, except that requirements of
1072this subsection apply to nongovernmental providers and entities
1073when contracting with the local government to provide Medicaid
1074services. The actual cost of the state and national criminal
1075history records record checks must be borne by the
1076nongovernmental provider or entity; or
1077     6.  Any business that derives more than 50 percent of its
1078revenue from the sale of goods to the final consumer, and the
1079business or its controlling parent either is required to file a
1080form 10-K or other similar statement with the Securities and
1081Exchange Commission or has a net worth of $50 million or more.
1082     (b)  Background screening shall be conducted in accordance
1083with chapter 435 and s. 408.809 The agency shall submit the
1084fingerprints to the Department of Law Enforcement. The
1085department shall conduct a state criminal-background
1086investigation and forward the fingerprints to the Federal Bureau
1087of Investigation for a national criminal-history record check.
1088The cost of the state and national criminal history records
1089record check shall be borne by the provider.
1090     (c)  The agency may permit a provider to participate in the
1091Medicaid program pending the results of the criminal record
1092check. However, such permission is fully revocable if the record
1093check reveals any crime-related history as provided in
1094subsection (10).
1095     (d)  Proof of compliance with the requirements of level 2
1096screening under chapter 435 s. 435.04 conducted within 12 months
1097prior to the date that the Medicaid provider application is
1098submitted to the agency shall fulfill the requirements of this
1099subsection. Proof of compliance with the requirements of level 1
1100screening under s. 435.03 conducted within 12 months prior to
1101the date that the Medicaid provider application is submitted to
1102the agency shall meet the requirement that the Department of Law
1103Enforcement conduct a state criminal history record check.
1104     Section 25.  Subsection (1) of section 429.14, Florida
1105Statutes, is amended to read:
1106     429.14  Administrative penalties.-
1107     (1)  In addition to the requirements of part II of chapter
1108408, the agency may deny, revoke, and suspend any license issued
1109under this part and impose an administrative fine in the manner
1110provided in chapter 120 against a licensee of an assisted living
1111facility for a violation of any provision of this part, part II
1112of chapter 408, or applicable rules, or for any of the following
1113actions by a licensee of an assisted living facility, for the
1114actions of any person subject to level 2 background screening
1115under s. 408.809, or for the actions of any facility employee:
1116     (a)  An intentional or negligent act seriously affecting
1117the health, safety, or welfare of a resident of the facility.
1118     (b)  The determination by the agency that the owner lacks
1119the financial ability to provide continuing adequate care to
1120residents.
1121     (c)  Misappropriation or conversion of the property of a
1122resident of the facility.
1123     (d)  Failure to follow the criteria and procedures provided
1124under part I of chapter 394 relating to the transportation,
1125voluntary admission, and involuntary examination of a facility
1126resident.
1127     (e)  A citation of any of the following deficiencies as
1128specified in s. 429.19:
1129     1.  One or more cited class I deficiencies.
1130     2.  Three or more cited class II deficiencies.
1131     3.  Five or more cited class III deficiencies that have
1132been cited on a single survey and have not been corrected within
1133the times specified.
1134     (f)  Failure to comply with the A determination that a
1135person subject to level 2 background screening under s. 408.809
1136does not meet the screening standards of this part, s.
1137408.809(1), chapter 435 s. 435.04 or that the facility is
1138retaining an employee subject to level 1 background screening
1139standards under s. 429.174 who does not meet the screening
1140standards of s. 435.03 and for whom exemptions from
1141disqualification have not been provided by the agency.
1142     (g)  A determination that an employee, volunteer,
1143administrator, or owner, or person who otherwise has access to
1144the residents of a facility does not meet the criteria specified
1145in s. 435.03(2), and the owner or administrator has not taken
1146action to remove the person. Exemptions from disqualification
1147may be granted as set forth in s. 435.07. No administrative
1148action may be taken against the facility if the person is
1149granted an exemption.
1150     (h)  Violation of a moratorium.
1151     (h)(i)  Failure of the license applicant, the licensee
1152during relicensure, or a licensee that holds a provisional
1153license to meet the minimum license requirements of this part,
1154or related rules, at the time of license application or renewal.
1155     (i)(j)  An intentional or negligent life-threatening act in
1156violation of the uniform firesafety standards for assisted
1157living facilities or other firesafety standards that threatens
1158the health, safety, or welfare of a resident of a facility, as
1159communicated to the agency by the local authority having
1160jurisdiction or the State Fire Marshal.
1161     (j)(k)  Knowingly operating any unlicensed facility or
1162providing without a license any service that must be licensed
1163under this chapter or chapter 400.
1164     (k)(l)  Any act constituting a ground upon which
1165application for a license may be denied.
1166     Section 26.  Section 429.174, Florida Statutes, is amended
1167to read:
1168     429.174  Background screening; exemptions.-The agency shall
1169require level 2 background screening for personnel as required
1170in s. 408.809(1)(e) pursuant to chapter 435 and s. 408.809 The
1171owner or administrator of an assisted living facility must
1172conduct level 1 background screening, as set forth in chapter
1173435, on all employees hired on or after October 1, 1998, who
1174perform personal services as defined in s. 429.02(16). The
1175agency may exempt an individual from employment disqualification
1176as set forth in chapter 435. Such persons shall be considered as
1177having met this requirement if:
1178     (1)  Proof of compliance with level 1 screening
1179requirements obtained to meet any professional license
1180requirements in this state is provided and accompanied, under
1181penalty of perjury, by a copy of the person's current
1182professional license and an affidavit of current compliance with
1183the background screening requirements.
1184     (2)  The person required to be screened has been
1185continuously employed in the same type of occupation for which
1186the person is seeking employment without a breach in service
1187which exceeds 180 days, and proof of compliance with the level 1
1188screening requirement which is no more than 2 years old is
1189provided. Proof of compliance shall be provided directly from
1190one employer or contractor to another, and not from the person
1191screened. Upon request, a copy of screening results shall be
1192provided by the employer retaining documentation of the
1193screening to the person screened.
1194     (3)  The person required to be screened is employed by a
1195corporation or business entity or related corporation or
1196business entity that owns, operates, or manages more than one
1197facility or agency licensed under this chapter, and for whom a
1198level 1 screening was conducted by the corporation or business
1199entity as a condition of initial or continued employment.
1200     Section 27.  Subsection (4) of section 429.67, Florida
1201Statutes, is amended to read:
1202     429.67  Licensure.-
1203     (4)  Upon receipt of a completed license application or
1204license renewal, and the fee, The agency shall require level 2
1205initiate a level 1 background screening for personnel as
1206required in s. 408.809(1)(e), including as provided under
1207chapter 435 on the adult family-care home provider, the
1208designated relief person, and all adult household members,
1209pursuant to chapter 435 and s. 408.809, and all staff members.
1210     (a)  Proof of compliance with level 1 screening standards
1211which has been submitted within the previous 5 years to meet any
1212facility or professional licensure requirements of the agency or
1213the Department of Health satisfies the requirements of this
1214subsection. Such proof must be accompanied, under penalty of
1215perjury, by a copy of the person's current professional license
1216and an affidavit of current compliance with the background
1217screening requirements.
1218     (b)  The person required to be screened must have been
1219continuously employed in the same type of occupation for which
1220the person is seeking employment without a breach in service
1221that exceeds 180 days, and proof of compliance with the level 1
1222screening requirement which is no more than 2 years old must be
1223provided. Proof of compliance shall be provided directly from
1224one employer or contractor to another, and not from the person
1225screened. Upon request, a copy of screening results shall be
1226provided to the person screened by the employer retaining
1227documentation of the screening.
1228     Section 28.  Section 429.69, Florida Statutes, is amended
1229to read:
1230     429.69  Denial, revocation, and suspension of a license.-In
1231addition to the requirements of part II of chapter 408, the
1232agency may deny, suspend, and revoke a license for any of the
1233following reasons:
1234     (1)  Failure to comply with the of any of the persons
1235required to undergo background screening standards of this part,
1236s. 408.809(1), or chapter 435 under s. 429.67 to meet the level
12371 screening standards of s. 435.03, unless an exemption from
1238disqualification has been provided by the agency.
1239     (2)  Failure to correct cited fire code violations that
1240threaten the health, safety, or welfare of residents.
1241     Section 29.  Paragraph (c) of subsection (2) of section
1242429.911, Florida Statutes, is amended to read:
1243     429.911  Denial, suspension, revocation of license;
1244emergency action; administrative fines; investigations and
1245inspections.-
1246     (2)  Each of the following actions by the owner of an adult
1247day care center or by its operator or employee is a ground for
1248action by the agency against the owner of the center or its
1249operator or employee:
1250     (c)  A Failure to comply with the of persons subject to
1251level 2 background screening standards of this part, s.
1252408.809(1), or chapter 435 under s. 408.809 to meet the
1253screening standards of s. 435.04, or the retention by the center
1254of an employee subject to level 1 background screening standards
1255under s. 429.174 who does not meet the screening standards of s.
1256435.03 and for whom exemptions from disqualification have not
1257been provided by the agency.
1258     Section 30.  Section 429.919, Florida Statutes, is amended
1259to read:
1260     429.919  Background screening.-The agency shall require
1261level 2 background screening for personnel as required in s.
1262408.809(1)(e) pursuant to chapter 435 and s. 408.809 The owner
1263or administrator of an adult day care center must conduct level
12641 background screening as set forth in chapter 435 on all
1265employees hired on or after October 1, 1998, who provide basic
1266services or supportive and optional services to the
1267participants. Such persons satisfy this requirement if:
1268     (1)  Proof of compliance with level 1 screening
1269requirements obtained to meet any professional license
1270requirements in this state is provided and accompanied, under
1271penalty of perjury, by a copy of the person's current
1272professional license and an affidavit of current compliance with
1273the background screening requirements.
1274     (2)  The person required to be screened has been
1275continuously employed, without a breach in service that exceeds
1276180 days, in the same type of occupation for which the person is
1277seeking employment and provides proof of compliance with the
1278level 1 screening requirement which is no more than 2 years old.
1279Proof of compliance must be provided directly from one employer
1280or contractor to another, and not from the person screened. Upon
1281request, a copy of screening results shall be provided to the
1282person screened by the employer retaining documentation of the
1283screening.
1284     (3)  The person required to be screened is employed by a
1285corporation or business entity or related corporation or
1286business entity that owns, operates, or manages more than one
1287facility or agency licensed under chapter 400 or this chapter,
1288and for whom a level 1 screening was conducted by the
1289corporation or business entity as a condition of initial or
1290continued employment.
1291     Section 31.  Section 430.60, Florida Statutes, is created
1292to read:
1293     430.60  Screening of direct service providers.-
1294     (1)(a)  Level 2 background screening pursuant to chapter
1295435 is required for direct service providers. Background
1296screening shall include employment history checks as provided in
1297s. 435.03(1) and local criminal history records checks through
1298local law enforcement agencies.
1299     (b)  For purposes of this section, the term "direct service
1300provider" means a person 18 years of age or older who is
1301unrelated to his or her clients and who has direct, face-to-face
1302contact with a client while providing services to the client and
1303has access to the client's living areas or to the client's funds
1304or personal property. The term includes coordinators, managers,
1305and supervisors of residential facilities and volunteers.
1306     (2)  Licensed physicians, nurses, or other professionals
1307licensed by the Department of Health are not subject to
1308background screening pursuant to this section if they are
1309providing a service that is within the scope of their licensed
1310practice.
1311     (3)  Refusal on the part of an employer to dismiss a
1312manager, supervisor, or direct service provider who has been
1313found to be in noncompliance with standards of this section
1314shall result in the automatic denial, termination, or revocation
1315of the license or certification, rate agreement, purchase order,
1316or contract, in addition to any other remedies authorized by
1317law.
1318     (4)  The background screening conducted pursuant to this
1319section must ensure that, in addition to the disqualifying
1320offenses listed in s. 435.04, no person subject to the
1321provisions of this section has an arrest awaiting final
1322disposition for, has been found guilty of, regardless of
1323adjudication, has entered a plea of nolo contendere or guilty
1324to, or has been adjudicated delinquent and the record has not
1325been sealed or expunged for, any offense prohibited under any of
1326the following provisions of the Florida Statutes or under any
1327similar statute of another jurisdiction:
1328     (a)  Any authorizing statutes, if the offense was a felony.
1329     (b)  Section 409.920, relating to Medicaid provider fraud.
1330     (c)  Section 409.9201, relating to Medicaid fraud.
1331     (d)  Section 817.034, relating to fraudulent acts through
1332mail, wire, radio, electromagnetic, photoelectronic, or
1333photooptical systems.
1334     (e)  Section 817.234, relating to false and fraudulent
1335insurance claims.
1336     (f)  Section 817.505, relating to patient brokering.
1337     (g)  Section 817.568, relating to criminal use of personal
1338identification information.
1339     (h)  Section 817.60, relating to obtaining a credit card
1340through fraudulent means.
1341     (i)  Section 817.61, relating to fraudulent use of credit
1342cards, if the offense was a felony.
1343     (j)  Section 831.01, relating to forgery.
1344     (k)  Section 831.02, relating to uttering forged
1345instruments.
1346     (l)  Section 831.07, relating to forging bank bills,
1347checks, drafts, or promissory notes.
1348     (m)  Section 831.09, relating to uttering forged bank
1349bills, checks, drafts, or promissory notes.
1350     Section 32.  Section 435.01, Florida Statutes, is amended
1351to read:
1352     435.01  Applicability of this chapter; statutory
1353references; rulemaking.-
1354     (1)(a)  Unless otherwise provided by law, whenever a
1355background screening for employment or a background security
1356check is required by law to be conducted pursuant to this
1357chapter for employment, unless otherwise provided by law, the
1358provisions of this chapter shall apply.
1359     (b)  Unless expressly provided otherwise, a reference in
1360any section of the Florida Statutes to chapter 435 or to any
1361section or sections or portion of a section of chapter 435
1362includes, and shall be understood as including, all subsequent
1363amendments to chapter 435 or to the referenced section or
1364sections or portions of a section. The purpose of this chapter
1365is to facilitate uniform background screening and, to this end,
1366a reference to this chapter, or to any section or subdivision
1367within this chapter, constitutes a general reference under the
1368doctrine of incorporation by reference.
1369     (2)  Agencies may adopt rules pursuant to ss. 120.536(1)
1370and 120.54 necessary to implement the provisions of this
1371chapter.
1372     Section 33.  Section 435.02, Florida Statutes, is amended
1373to read:
1374     435.02  Definitions.-For the purposes of this chapter, the
1375term:
1376     (1)(3)  "Licensing Agency" means any state, or county, or
1377municipal agency that which grants licenses or registration
1378permitting the operation of an employer or is itself an employer
1379or that otherwise facilitates the screening of employees
1380pursuant to this chapter. When there is no state licensing
1381agency or the municipal or county licensing agency chooses not
1382to conduct employment screening, "licensing agency" means the
1383Department of Children and Family Services.
1384     (2)(1)  "Employee" means any person required by law to be
1385screened pursuant to the provisions of this chapter.
1386     (3)(2)  "Employer" means any person or entity required by
1387law to conduct screening of employees pursuant to this chapter.
1388     (4)  "Employment" means any activity or service sought to
1389be performed by an employee that requires the employee to be
1390subject to screening pursuant to this chapter.
1391     (5)  "Vulnerable person" means a minor or a vulnerable
1392adult as defined in s. 415.102.
1393     Section 34.  Section 435.03, Florida Statutes, is amended
1394to read:
1395     435.03  Level 1 screening standards.-
1396     (1)  All employees required by law to be screened pursuant
1397to this section must shall be required to undergo background
1398screening as a condition of employment and continued employment
1399that includes. For the purposes of this subsection, level 1
1400screenings shall include, but need not be limited to, employment
1401history checks, and statewide criminal correspondence checks
1402through the Florida Department of Law Enforcement, a check of
1403the Dru Sjodin National Sex Offender Registry, and may include
1404local criminal history records checks through local law
1405enforcement agencies.
1406     (2)  Any person required by law to be screened pursuant to
1407this section must not have an arrest awaiting final disposition
1408for, for whom employment screening is required by statute must
1409not have been found guilty of, regardless of adjudication, or
1410entered a plea of nolo contendere or guilty to, or have been
1411adjudicated delinquent and the record has not been sealed or
1412expunged for, any offense prohibited under any provision of s.
1413435.04(2) of the following provisions of the Florida Statutes or
1414under any similar statute of another jurisdiction.:
1415     (a)  Section 393.135, relating to sexual misconduct with
1416certain developmentally disabled clients and reporting of such
1417sexual misconduct.
1418     (b)  Section 394.4593, relating to sexual misconduct with
1419certain mental health patients and reporting of such sexual
1420misconduct.
1421     (c)  Section 415.111, relating to abuse, neglect, or
1422exploitation of a vulnerable adult.
1423     (d)  Section 782.04, relating to murder.
1424     (e)  Section 782.07, relating to manslaughter, aggravated
1425manslaughter of an elderly person or disabled adult, or
1426aggravated manslaughter of a child.
1427     (f)  Section 782.071, relating to vehicular homicide.
1428     (g)  Section 782.09, relating to killing of an unborn quick
1429child by injury to the mother.
1430     (h)  Section 784.011, relating to assault, if the victim of
1431the offense was a minor.
1432     (i)  Section 784.021, relating to aggravated assault.
1433     (j)  Section 784.03, relating to battery, if the victim of
1434the offense was a minor.
1435     (k)  Section 784.045, relating to aggravated battery.
1436     (l)  Section 787.01, relating to kidnapping.
1437     (m)  Section 787.02, relating to false imprisonment.
1438     (n)  Section 794.011, relating to sexual battery.
1439     (o)  Former s. 794.041, relating to prohibited acts of
1440persons in familial or custodial authority.
1441     (p)  Chapter 796, relating to prostitution.
1442     (q)  Section 798.02, relating to lewd and lascivious
1443behavior.
1444     (r)  Chapter 800, relating to lewdness and indecent
1445exposure.
1446     (s)  Section 806.01, relating to arson.
1447     (t)  Chapter 812, relating to theft, robbery, and related
1448crimes, if the offense was a felony.
1449     (u)  Section 817.563, relating to fraudulent sale of
1450controlled substances, only if the offense was a felony.
1451     (v)  Section 825.102, relating to abuse, aggravated abuse,
1452or neglect of an elderly person or disabled adult.
1453     (w)  Section 825.1025, relating to lewd or lascivious
1454offenses committed upon or in the presence of an elderly person
1455or disabled adult.
1456     (x)  Section 825.103, relating to exploitation of an
1457elderly person or disabled adult, if the offense was a felony.
1458     (y)  Section 826.04, relating to incest.
1459     (z)  Section 827.03, relating to child abuse, aggravated
1460child abuse, or neglect of a child.
1461     (aa)  Section 827.04, relating to contributing to the
1462delinquency or dependency of a child.
1463     (bb)  Former s. 827.05, relating to negligent treatment of
1464children.
1465     (cc)  Section 827.071, relating to sexual performance by a
1466child.
1467     (dd)  Chapter 847, relating to obscene literature.
1468     (ee)  Chapter 893, relating to drug abuse prevention and
1469control, only if the offense was a felony or if any other person
1470involved in the offense was a minor.
1471     (ff)  Section 916.1075, relating to sexual misconduct with
1472certain forensic clients and reporting of such sexual
1473misconduct.
1474     (3)  The security background investigations under this
1475section must ensure that no person subject to the provisions of
1476this section has been found guilty of, regardless of
1477adjudication, or entered a plea of nolo contendere or guilty to,
1478any offense that constitutes domestic violence as defined in s.
1479741.28, whether such act was committed in this state or in
1480another jurisdiction. Standards must also ensure that the
1481person:
1482     (a)  For employees and employers licensed or registered
1483pursuant to chapter 400 or chapter 429, and for employees and
1484employers of developmental disabilities centers as defined in s.
1485393.063, intermediate care facilities for the developmentally
1486disabled as defined in s. 400.960, and mental health treatment
1487facilities as defined in s. 394.455, meets the requirements of
1488this chapter.
1489     (b)  Has not committed an act that constitutes domestic
1490violence as defined in s. 741.28.
1491     Section 35.  Section 435.04, Florida Statutes, is amended
1492to read:
1493     435.04  Level 2 screening standards.-
1494     (1)(a)  All employees required by law to be screened
1495pursuant to this section must in positions designated by law as
1496positions of trust or responsibility shall be required to
1497undergo security background investigations as a condition of
1498employment and continued employment that includes. For the
1499purposes of this subsection, security background investigations
1500shall include, but need not be limited to, fingerprinting for
1501statewide criminal history records all purposes and checks in
1502this subsection, statewide criminal and juvenile records checks
1503through the Florida Department of Law Enforcement, and national
1504federal criminal history records checks through the Federal
1505Bureau of Investigation, and may include local criminal history
1506records checks through local law enforcement agencies.
1507     (b)  Fingerprints submitted pursuant to this section on or
1508after July 1, 2012, must be submitted electronically to the
1509Department of Law Enforcement.
1510     (c)  An agency may contract with one or more vendors to
1511perform all or part of the electronic fingerprinting pursuant to
1512this section. Such contracts must ensure that the owners and
1513personnel of the vendor performing the electronic fingerprinting
1514are qualified and will ensure the integrity and security of all
1515personal information.
1516     (d)  An agency may require by rule adopted pursuant to
1517chapter 120 that fingerprints submitted pursuant to this section
1518must be submitted electronically to the Department of Law
1519Enforcement on a date earlier than July 1, 2012.
1520     (2)  The security background investigations under this
1521section must ensure that no persons subject to the provisions of
1522this section have been arrested for and are awaiting final
1523disposition of, have been found guilty of, regardless of
1524adjudication, or entered a plea of nolo contendere or guilty to,
1525or have been adjudicated delinquent and the record has not been
1526sealed or expunged for, any offense prohibited under any of the
1527following provisions of the Florida Statutes or under any
1528similar statute of another jurisdiction:
1529     (a)  Section 393.135, relating to sexual misconduct with
1530certain developmentally disabled clients and reporting of such
1531sexual misconduct.
1532     (b)  Section 394.4593, relating to sexual misconduct with
1533certain mental health patients and reporting of such sexual
1534misconduct.
1535     (c)  Section 415.111, relating to adult abuse, neglect, or
1536exploitation of aged persons or disabled adults.
1537     (d)  Section 782.04, relating to murder.
1538     (e)  Section 782.07, relating to manslaughter, aggravated
1539manslaughter of an elderly person or disabled adult, or
1540aggravated manslaughter of a child.
1541     (f)  Section 782.071, relating to vehicular homicide.
1542     (g)  Section 782.09, relating to killing of an unborn quick
1543child by injury to the mother.
1544     (h)  Chapter 784, relating to assault, battery, and
1545culpable negligence, if the offense was a felony.
1546     (i)(h)  Section 784.011, relating to assault, if the victim
1547of the offense was a minor.
1548     (i)  Section 784.021, relating to aggravated assault.
1549     (j)  Section 784.03, relating to battery, if the victim of
1550the offense was a minor.
1551     (k)  Section 784.045, relating to aggravated battery.
1552     (l)  Section 784.075, relating to battery on a detention or
1553commitment facility staff.
1554     (k)(m)  Section 787.01, relating to kidnapping.
1555     (l)(n)  Section 787.02, relating to false imprisonment.
1556     (m)  Section 787.025, relating to luring or enticing a
1557child.
1558     (n)(o)  Section 787.04(2), relating to taking, enticing, or
1559removing a child beyond the state limits with criminal intent
1560pending custody proceedings.
1561     (o)(p)  Section 787.04(3), relating to carrying a child
1562beyond the state lines with criminal intent to avoid producing a
1563child at a custody hearing or delivering the child to the
1564designated person.
1565     (p)(q)  Section 790.115(1), relating to exhibiting firearms
1566or weapons within 1,000 feet of a school.
1567     (q)(r)  Section 790.115(2)(b), relating to possessing an
1568electric weapon or device, destructive device, or other weapon
1569on school property.
1570     (r)(s)  Section 794.011, relating to sexual battery.
1571     (s)(t)  Former s. 794.041, relating to prohibited acts of
1572persons in familial or custodial authority.
1573     (t)  Section 794.05, relating to unlawful sexual activity
1574with certain minors.
1575     (u)  Chapter 796, relating to prostitution.
1576     (v)  Section 798.02, relating to lewd and lascivious
1577behavior.
1578     (w)  Chapter 800, relating to lewdness and indecent
1579exposure.
1580     (x)  Section 806.01, relating to arson.
1581     (y)  Section 810.02, relating to burglary.
1582     (z)  Section 810.14, relating to voyeurism, if the offense
1583is a felony.
1584     (aa)  Section 810.145, relating to video voyeurism, if the
1585offense is a felony.
1586     (bb)(y)  Chapter 812, relating to theft, robbery, and
1587related crimes, if the offense is a felony.
1588     (cc)(z)  Section 817.563, relating to fraudulent sale of
1589controlled substances, only if the offense was a felony.
1590     (dd)(aa)  Section 825.102, relating to abuse, aggravated
1591abuse, or neglect of an elderly person or disabled adult.
1592     (ee)(bb)  Section 825.1025, relating to lewd or lascivious
1593offenses committed upon or in the presence of an elderly person
1594or disabled adult.
1595     (ff)(cc)  Section 825.103, relating to exploitation of an
1596elderly person or disabled adult, if the offense was a felony.
1597     (gg)(dd)  Section 826.04, relating to incest.
1598     (hh)(ee)  Section 827.03, relating to child abuse,
1599aggravated child abuse, or neglect of a child.
1600     (ii)(ff)  Section 827.04, relating to contributing to the
1601delinquency or dependency of a child.
1602     (jj)(gg)  Former s. 827.05, relating to negligent treatment
1603of children.
1604     (kk)(hh)  Section 827.071, relating to sexual performance
1605by a child.
1606     (ll)(ii)  Section 843.01, relating to resisting arrest with
1607violence.
1608     (mm)(jj)  Section 843.025, relating to depriving a law
1609enforcement, correctional, or correctional probation officer
1610means of protection or communication.
1611     (nn)(kk)  Section 843.12, relating to aiding in an escape.
1612     (oo)(ll)  Section 843.13, relating to aiding in the escape
1613of juvenile inmates in correctional institutions.
1614     (pp)(mm)  Chapter 847, relating to obscene literature.
1615     (qq)(nn)  Section 874.05(1), relating to encouraging or
1616recruiting another to join a criminal gang.
1617     (rr)(oo)  Chapter 893, relating to drug abuse prevention
1618and control, only if the offense was a felony or if any other
1619person involved in the offense was a minor.
1620     (ss)(pp)  Section 916.1075, relating to sexual misconduct
1621with certain forensic clients and reporting of such sexual
1622misconduct.
1623     (tt)(qq)  Section 944.35(3), relating to inflicting cruel
1624or inhuman treatment on an inmate resulting in great bodily
1625harm.
1626     (uu)  Section 944.40, relating to escape.
1627     (vv)(rr)  Section 944.46, relating to harboring,
1628concealing, or aiding an escaped prisoner.
1629     (ww)(ss)  Section 944.47, relating to introduction of
1630contraband into a correctional facility.
1631     (xx)(tt)  Section 985.701, relating to sexual misconduct in
1632juvenile justice programs.
1633     (yy)(uu)  Section 985.711, relating to contraband
1634introduced into detention facilities.
1635     (3)  The security background investigations under this
1636section must ensure that no person subject to this section has
1637been found guilty of, regardless of adjudication, or entered a
1638plea of nolo contendere or guilty to, any offense that
1639constitutes domestic violence as defined in s. 741.28, whether
1640such act was committed in this state or in another jurisdiction.
1641The security background investigations conducted under this
1642section for employees of the Department of Juvenile Justice must
1643ensure that no persons subject to the provisions of this section
1644have been found guilty of, regardless of adjudication, or
1645entered a plea of nolo contendere or guilty to, any offense
1646prohibited under any of the following provisions of the Florida
1647Statutes or under any similar statute of another jurisdiction:
1648     (a)  Section 784.07, relating to assault or battery of law
1649enforcement officers, firefighters, emergency medical care
1650providers, public transit employees or agents, or other
1651specified officers.
1652     (b)  Section 810.02, relating to burglary, if the offense
1653is a felony.
1654     (c)  Section 944.40, relating to escape.
1655
1656The Department of Juvenile Justice may not remove a
1657disqualification from employment or grant an exemption to any
1658person who is disqualified under this section for any offense
1659disposed of during the most recent 7-year period.
1660     (4)  Standards must also ensure that the person:
1661     (a)  For employees or employers licensed or registered
1662pursuant to chapter 400 or chapter 429, does not have a
1663confirmed report of abuse, neglect, or exploitation as defined
1664in s. 415.102(6), which has been uncontested or upheld under s.
1665415.103.
1666     (b)  Has not committed an act that constitutes domestic
1667violence as defined in s. 741.30.
1668     (5)  Under penalty of perjury, all employees in such
1669positions of trust or responsibility shall attest to meeting the
1670requirements for qualifying for employment and agreeing to
1671inform the employer immediately if convicted of any of the
1672disqualifying offenses while employed by the employer. Each
1673employer of employees in such positions of trust or
1674responsibilities which is licensed or registered by a state
1675agency shall submit to the licensing agency annually or at the
1676time of license renewal, under penalty of perjury, an affidavit
1677of compliance with the provisions of this section.
1678     Section 36.  Section 435.05, Florida Statutes, is amended
1679to read:
1680     435.05  Requirements for covered employees and employers.-
1681Except as otherwise provided by law, the following requirements
1682shall apply to covered employees and employers:
1683     (1)(a)  Every person required by law to be screened
1684pursuant to the provisions of this chapter must employed in a
1685position for which employment screening is required must, within
16865 working days after starting to work, submit to the employer a
1687complete set of information necessary to conduct a screening
1688under this chapter section.
1689     (b)  For level 1 screening, the employer must submit the
1690information necessary for screening to the Florida Department of
1691Law Enforcement within 5 working days after receiving it. The
1692Florida Department of Law Enforcement will conduct a search of
1693its records and will respond to the employer or agency. The
1694employer will inform the employee whether screening has revealed
1695any disqualifying information.
1696     (c)  For level 2 screening, the employer or licensing
1697agency must submit the information necessary for screening to
1698the Florida Department of Law Enforcement within 5 working days
1699after receiving it. The Florida Department of Law Enforcement
1700will perform a criminal history records check of its conduct a
1701search of its criminal and juvenile records and will request
1702that the Federal Bureau of Investigation perform a national
1703criminal history records check conduct a search of its records
1704for each employee for whom the request is made. The Florida
1705Department of Law Enforcement will respond to the employer or
1706licensing agency, and the employer or licensing agency will
1707inform the employee whether screening has revealed disqualifying
1708information.
1709     (d)  The person whose background is being checked must
1710supply any missing criminal or other necessary information upon
1711request to the requesting employer or agency within 30 days
1712after receiving the employer makes a request for the information
1713or be subject to automatic disqualification.
1714     (2)  Every employee must attest, subject to penalty of
1715perjury, to meeting the requirements for qualifying for
1716employment pursuant to this chapter and agreeing to inform the
1717employer immediately if arrested for any of the disqualifying
1718offenses while employed by the employer Unless otherwise
1719prohibited by state or federal law, new employees may be placed
1720on probationary status pending a determination of compliance
1721with minimum standards set forth in this chapter.
1722     (3)  Each employer that is licensed or registered with an
1723agency and is required by law to conduct level 2 background
1724screening must submit to the agency sign an affidavit annually
1725or at the time of license renewal, under penalty of perjury, a
1726signed affidavit attesting to compliance with the provisions of
1727this chapter stating that all covered employees have been
1728screened or are newly hired and are awaiting the results of the
1729required screening checks.
1730     Section 37.  Section 435.06, Florida Statutes, is amended
1731to read:
1732     435.06  Exclusion from employment.-
1733     (1)  When an employer or licensing agency has reasonable
1734cause to believe that grounds exist for the denial or
1735termination of employment of any employee as a result of
1736background screening, it shall notify the employee in writing,
1737stating the specific record that which indicates noncompliance
1738with the standards in this chapter section. It shall be the
1739responsibility of the affected employee to contest his or her
1740disqualification or to request exemption from disqualification.
1741The only basis for contesting the disqualification shall be
1742proof of mistaken identity.
1743     (2)(a)  An employer may not hire, select, or otherwise
1744allow an employee to have contact with any vulnerable person
1745that would place the employee in a role that would require
1746background screening until such time as the screening process is
1747completed and demonstrates the absence of any grounds for the
1748denial or termination of employment. If the screening process
1749shows any grounds for the denial or termination of employment,
1750the employer may not hire, select, or otherwise allow the
1751employee to have contact with any vulnerable person that would
1752place the employee in a role that would require background
1753screening unless the employee is granted an exemption for the
1754disqualification by the agency as provided under s. 435.07.
1755     (b)  If at any time an employer becomes aware that an
1756employee has been arrested for a disqualifying offense, the
1757employer must remove the employee from contact with any
1758vulnerable person that would place the employee in a role that
1759would require background screening until such time as the arrest
1760is resolved in such a way that the employer determines that the
1761employee is still eligible for employment under this chapter.
1762     (c)  The employer must either terminate the employment of
1763any of its personnel found to be in noncompliance with the
1764minimum standards of this chapter for good moral character
1765contained in this section or place the employee in a
1766for which background screening is not required unless the
1767employee is granted an exemption from disqualification pursuant
1768to s. 435.07.
1769     (3)  Any employee person who is required to undergo
1770employment screening and who refuses to cooperate in such
1771screening or refuses to timely submit the information necessary
1772to complete the screening, including fingerprints when required,
1773must shall be disqualified for employment in such position or,
1774if employed, must shall be dismissed.
1775     (4)  There is no unemployment compensation or other
1776monetary liability on the part of, and no cause of action for
1777damages arising against, an employer that, upon notice of a
1778conviction or arrest for a disqualifying offense listed under
1779this chapter, terminates the person against whom the report was
1780issued or who was arrested, regardless of whether that person
1781has filed for an exemption pursuant to this chapter.
1782     Section 38.  Section 435.07, Florida Statutes, is amended
1783to read:
1784     435.07  Exemptions from disqualification.-Unless otherwise
1785provided by law, the provisions of this section shall apply to
1786exemptions from disqualification for disqualifying offenses
1787revealed pursuant to background screenings required by law to be
1788conducted pursuant to this chapter, regardless of whether those
1789disqualifying offenses are listed in this chapter or are in
1790other statutes.
1791     (1)  The head of the appropriate licensing agency may grant
1792to any employee otherwise disqualified from employment an
1793exemption from disqualification for:
1794     (a)  Felonies for which at least 3 years have elapsed since
1795the applicant for the exemption has completed or been lawfully
1796released from any confinement, supervision, or sanction for the
1797disqualifying felony committed more than 3 years prior to the
1798date of disqualification;
1799     (b)  Misdemeanors prohibited under any of the Florida
1800Statutes cited in this chapter or under similar statutes of
1801other jurisdictions for which the applicant for the exemption
1802has completed or been lawfully released from any confinement,
1803supervision, or sanction for the disqualifying misdemeanor;
1804     (c)  Offenses that were felonies when committed but are now
1805misdemeanors and for which the applicant for the exemption has
1806completed or been lawfully released from any confinement,
1807supervision, or sanction for the disqualifying offense; or
1808     (d)  Findings of delinquency. For offenses that would be
1809felonies if committed by an adult and the record has not been
1810sealed or expunged, then the exemption may not be granted until
1811at least 3 years have elapsed since the applicant for the
1812exemption has completed or been lawfully released from any
1813confinement, supervision, or sanction for the disqualifying
1814offense; or
1815     (e)  Commissions of acts of domestic violence as defined in
1816s. 741.30.
1817
1818For the purposes of this subsection, the term "felonies" means
1819both felonies prohibited under any of the Florida Statutes cited
1820in this chapter or under similar statutes of other
1821jurisdictions.
1822     (2)  Persons employed, or applicants for employment, by
1823treatment providers who treat adolescents 13 years of age and
1824older who are disqualified from employment solely because of
1825crimes under s. 817.563, s. 893.13, or s. 893.147 may be
1826exempted from disqualification from employment pursuant to this
1827chapter section without application of the 3-year waiting period
1828in paragraph (1)(a).
1829     (3)(a)  In order for the head of an agency a licensing
1830department to grant an exemption to any employee, the employee
1831must demonstrate by clear and convincing evidence that the
1832employee should not be disqualified from employment. Employees
1833seeking an exemption have the burden of setting forth clear and
1834convincing sufficient evidence of rehabilitation, including, but
1835not limited to, the circumstances surrounding the criminal
1836incident for which an exemption is sought, the time period that
1837has elapsed since the incident, the nature of the harm caused to
1838the victim, and the history of the employee since the incident,
1839or any other evidence or circumstances indicating that the
1840employee will not present a danger if employment or continued
1841employment is allowed.
1842     (b)  The agency may consider as part of its deliberations
1843of the employee's rehabilitation the fact that the employee has,
1844subsequent to the conviction for the disqualifying offense for
1845which the exemption is being sought, been arrested for or
1846convicted of another crime, even if that crime is not a
1847disqualifying offense.
1848     (c)  The decision of the head of an agency licensing
1849department regarding an exemption may be contested
1850hearing procedures set forth in chapter 120. The standard of
1851review by the administrative law judge is whether the agency's
1852intended action is an abuse of discretion.
1853     (4)(a)  Disqualification from employment under this chapter
1854subsection (1) may not be removed from, nor may an exemption be
1855granted to, any personnel who is found guilty of, regardless of
1856adjudication, or who has entered a plea of nolo contendere or
1857guilty to, any felony covered by s. 435.03 or s. 435.04 solely
1858by reason of any pardon, executive clemency, or restoration of
1859civil rights.
1860     (b)  Disqualification from employment under this chapter
1861may not be removed from, nor may an exemption be granted to, any
1862person who has been designated as a:
1863     1.  Sexual predator pursuant to s. 775.21;
1864     2.  Career offender pursuant to s. 775.261; or
1865     3.  Sexual offender pursuant to s. 943.0435, unless the
1866person has had the sexual offender designation removed pursuant
1867to s. 943.04354.
1868     (5)  Exemptions granted by one licensing agency shall be
1869considered by subsequent licensing agencies, but are not binding
1870on the subsequent licensing agency.
1871     Section 39.  Section 435.08, Florida Statutes, is amended
1872to read:
1873     435.08  Payment for processing of fingerprints and state
1874criminal history records checks.-Either the employer or the
1875employee is responsible for paying the costs of screening.
1876Payment shall be submitted to the Florida Department of Law
1877Enforcement with the request for screening. The appropriate
1878agency is responsible for collecting and paying any fee related
1879to fingerprints retained on its behalf to the Department of Law
1880Enforcement for costs resulting from the fingerprint information
1881retention services. The amount of the annual fee and procedures
1882for the submission and retention of fingerprint information and
1883for the dissemination of search results shall be established by
1884rule of the Department of Law Enforcement.
1885     Section 40.  Paragraph (d) of subsection (4) of section
1886456.039, Florida Statutes, is amended to read:
1887     456.039  Designated health care professionals; information
1888required for licensure.-
1889     (4)
1890     (d)  Any applicant for initial licensure or renewal of
1891licensure as a health care practitioner who submits to the
1892Department of Health a set of fingerprints or information
1893required for the criminal history check required under this
1894section shall not be required to provide a subsequent set of
1895fingerprints or other duplicate information required for a
1896criminal history check to the Agency for Health Care
1897Administration, the Department of Juvenile Justice, or the
1898Department of Children and Family Services for employment or
1899licensure with such agency or department if the applicant has
1900undergone a criminal history check as a condition of initial
1901licensure or licensure renewal as a health care practitioner
1902with the Department of Health or any of its regulatory boards,
1903notwithstanding any other provision of law to the contrary. In
1904lieu of such duplicate submission, the Agency for Health Care
1905Administration, the Department of Juvenile Justice, and the
1906Department of Children and Family Services shall obtain criminal
1907history information for employment or licensure of health care
1908practitioners by such agency and departments from the Department
1909of Health's health care practitioner credentialing system.
1910     Section 41.  Subsection (1) of section 464.203, Florida
1911Statutes, is amended to read:
1912     464.203  Certified nursing assistants; certification
1913requirement.-
1914     (1)  The board shall issue a certificate to practice as a
1915certified nursing assistant to any person who demonstrates a
1916minimum competency to read and write and successfully passes the
1917required background Level I or Level II screening pursuant to s.
1918400.215 and meets one of the following requirements:
1919     (a)  Has successfully completed an approved training
1920program and achieved a minimum score, established by rule of the
1921board, on the nursing assistant competency examination, which
1922consists of a written portion and skills-demonstration portion
1923approved by the board and administered at a site and by
1924personnel approved by the department.
1925     (b)  Has achieved a minimum score, established by rule of
1926the board, on the nursing assistant competency examination,
1927which consists of a written portion and skills-demonstration
1928portion, approved by the board and administered at a site and by
1929personnel approved by the department and:
1930     1.  Has a high school diploma, or its equivalent; or
1931     2.  Is at least 18 years of age.
1932     (c)  Is currently certified in another state; is listed on
1933that state's certified nursing assistant registry; and has not
1934been found to have committed abuse, neglect, or exploitation in
1935that state.
1936     (d)  Has completed the curriculum developed under the
1937Enterprise Florida Jobs and Education Partnership Grant and
1938achieved a minimum score, established by rule of the board, on
1939the nursing assistant competency examination, which consists of
1940a written portion and skills-demonstration portion, approved by
1941the board and administered at a site and by personnel approved
1942by the department.
1943     Section 42.  Subsection (9) of section 489.115, Florida
1944Statutes, is amended to read:
1945     489.115  Certification and registration; endorsement;
1946reciprocity; renewals; continuing education.-
1947     (9)  An initial applicant shall submit, along with the
1948application, a complete set of fingerprints to in a form and
1949manner required by the department. The fingerprints shall be
1950submitted to the Department of Law Enforcement for state
1951processing, and the Department of Law Enforcement shall forward
1952them to the Federal Bureau of Investigation for national
1953processing, to determine whether the applicant has a criminal
1954history record for the purpose of conducting a level 2
1955background check pursuant to s. 435.04. The department shall and
1956the board may review the background results to determine if an
1957applicant meets licensure requirements. The cost for the
1958fingerprint processing shall be borne by the person subject to
1959the background screening. These fees are to be collected by the
1960authorized agencies or vendors. The authorized agencies or
1961vendors are responsible for paying the processing costs to the
1962Department of Law Enforcement.
1963     Section 43.  Paragraphs (g) and (h) of subsection (2) of
1964section 943.05, Florida Statutes, are amended, and subsection
1965(4) is added to that section, to read:
1966     943.05  Criminal Justice Information Program; duties; crime
1967reports.-
1968     (2)  The program shall:
1969     (g)  Upon official written request, and subject to the
1970department having sufficient funds and equipment to participate
1971in such a request, from the agency executive director or
1972secretary, or from his or her designee, or from qualified
1973entities participating in the volunteer and employee criminal
1974history screening system under s. 943.0542, or as otherwise
1975required As authorized by law, retain fingerprints submitted by
1976criminal and noncriminal justice agencies to the department for
1977a criminal history background screening in a manner provided by
1978rule and enter the fingerprints in the statewide automated
1979fingerprint identification system authorized by paragraph (b).
1980Such fingerprints shall thereafter be available for all purposes
1981and uses authorized for arrest fingerprint submissions cards
1982entered into the statewide automated fingerprint identification
1983system pursuant to s. 943.051.
1984     (h)1.  For each agency or qualified entity that officially
1985requests retention of fingerprints or for which retention is
1986otherwise required As authorized by law, search all arrest
1987fingerprint submissions cards received under s. 943.051 against
1988the fingerprints retained in the statewide automated fingerprint
1989identification system under paragraph (g).
1990     1.  Any arrest record that is identified with the retained
1991fingerprints of a person subject to background screening as
1992provided in paragraph (g) shall be reported to the appropriate
1993agency or qualified entity.
1994     2.  To Agencies may participate in this search process,
1995agencies or qualified entities must notify each person
1996fingerprinted that his or her fingerprints will be retained, pay
1997by payment of an annual fee to the department, and inform by
1998informing the department of any change in the affiliation,
1999employment, or contractual status or place of affiliation,
2000employment, or contracting of each person the persons whose
2001fingerprints are retained under paragraph (g) when such change
2002removes or eliminates the agency or qualified entity's basis or
2003need for receiving reports of any arrest of that person, so that
2004the agency or qualified entity will not be obligated to pay the
2005upcoming annual fee for the retention and searching of that
2006person's fingerprints to the department. The department shall
2007adopt a rule setting the amount of the annual fee to be imposed
2008upon each participating agency or qualified entity for
2009performing these searches and establishing the procedures for
2010the retention of fingerprints and the dissemination of search
2011results. The fee may be borne by the agency, qualified entity,
2012or person subject to fingerprint retention or as otherwise
2013provided by law. Fees may be waived or reduced by the executive
2014director for good cause shown. Consistent with the recognition
2015of criminal justice agencies expressed in s. 943.053(3), these
2016services will be provided to criminal justice agencies for
2017criminal justice purposes free of charge.
2018     3.  Agencies that participate in the fingerprint retention
2019and search process may adopt rules pursuant to ss. 120.536(1)
2020and 120.54 to require employers to keep the agency informed of
2021any change in the affiliation, employment, or contractual status
2022of each person whose fingerprints are retained under paragraph
2023(g) when such change removes or eliminates the agency's basis or
2024need for receiving reports of any arrest of that person, so that
2025the agency will not be obligated to pay the upcoming annual fee
2026for the retention and searching of that person's fingerprints to
2027the department.
2028     (4)  Upon notification that a federal fingerprint retention
2029program is in effect, and subject to the department being funded
2030and equipped to participate in such a program, the department
2031shall, when state and national criminal history records checks
2032and retention of submitted prints are authorized or required by
2033law, retain the fingerprints as provided in paragraphs (2)(g)
2034and (h) and advise the Federal Bureau of Investigation to retain
2035the fingerprints at the national level for searching against
2036arrest fingerprint submissions received at the national level.
2037     Section 44.  Subsections (6) and (11) of section 943.053,
2038Florida Statutes, are amended to read:
2039     943.053  Dissemination of criminal justice information;
2040fees.-
2041     (6)  Notwithstanding any other provision of law, the
2042department shall provide to the Florida Department of Revenue
2043Child Support Enforcement access to Florida criminal history
2044records which are not exempt from disclosure under chapter 119,
2045and to such information as may be lawfully available from other
2046states via the National Law Enforcement Telecommunications
2047System, for the purpose of locating subjects who owe or
2048potentially owe support, as defined in s. 409.2554, or to whom
2049such obligation is owed pursuant to Title IV-D of the Social
2050Security Act. Such information may be provided to child support
2051enforcement authorities in other states for these specific
2052purposes.
2053     (11)  A criminal justice agency that is authorized under
2054federal rules or law to conduct a criminal history background
2055check on an agency employee who is not certified by the Criminal
2056Justice Standards and Training Commission under s. 943.12 may
2057submit to the department the fingerprints of the noncertified
2058employee to obtain state and national criminal history
2059information. Effective January 15, 2007, The fingerprints
2060submitted shall be retained and entered in the statewide
2061automated fingerprint identification system authorized by s.
2062943.05 and shall be available for all purposes and uses
2063authorized for arrest fingerprint submissions cards entered in
2064the statewide automated fingerprint identification system
2065pursuant to s. 943.051. The department shall search all arrest
2066fingerprint submissions cards received pursuant to s. 943.051
2067against the fingerprints retained in the statewide automated
2068fingerprint identification system pursuant to this section. In
2069addition to all purposes and uses authorized for arrest
2070fingerprint submissions cards for which submitted fingerprints
2071may be used, any arrest record that is identified with the
2072retained employee fingerprints must be reported to the
2073submitting employing agency.
2074     Section 45.  Section 985.644, Florida Statutes, is amended
2075to read:
2076     985.644  Departmental contracting powers; personnel
2077standards and screening.-
2078     (1)  The department of Juvenile Justice or the Department
2079of Children and Family Services, as appropriate, may contract
2080with the Federal Government, other state departments and
2081agencies, county and municipal governments and agencies, public
2082and private agencies, and private individuals and corporations
2083in carrying out the purposes of, and the responsibilities
2084established in, this chapter.
2085     (a)  When the Department of Juvenile Justice or the
2086Department of Children and Family Services contracts with a
2087provider for any program for children, all personnel, including
2088owners, operators, employees, and volunteers, in the facility
2089must be of good moral character. Each contract entered into by
2090the either department for services delivered on an appointment
2091or intermittent basis by a provider that does not have regular
2092custodial responsibility for children and each contract with a
2093school for before or aftercare services must ensure that the all
2094owners, operators, and all personnel who have direct contact
2095with children are subject to level 2 background screening
2096pursuant to chapter 435 of good moral character.
2097     (b)  A volunteer who assists the department or any program
2098for children on an intermittent basis for less than 40 hours per
2099month need not be screened if the volunteer is under direct and
2100constant supervision by persons who meet the screening
2101requirements.
2102     (b)  The Department of Juvenile Justice and the Department
2103of Children and Family Services shall require employment
2104screening pursuant to chapter 435, using the level 2 standards
2105set forth in that chapter for personnel in programs for children
2106or youths.
2107     (c)  The Department of Juvenile Justice or the Department
2108of Children and Family Services may grant exemptions from
2109disqualification from working with children as provided in s.
2110435.07.
2111     (2)  The department may contract with the Federal
2112Government, other state departments and agencies, county and
2113municipal governments and agencies, public and private agencies,
2114and private individuals and corporations in carrying out the
2115purposes and the responsibilities of the delinquency services
2116and programs of the department.
2117     (3)  The department shall adopt a rule pursuant to chapter
2118120 establishing a procedure to provide notice of policy changes
2119that affect contracted delinquency services and programs. A
2120policy is defined as an operational requirement that applies to
2121only the specified contracted delinquency service or program.
2122The procedure shall include:
2123     (a)  Public notice of policy development.
2124     (b)  Opportunity for public comment on the proposed policy.
2125     (c)  Assessment for fiscal impact upon the department and
2126providers.
2127     (d)  The department's response to comments received.
2128     (4)  When the department contracts with a provider for any
2129delinquency service or program, all personnel, including all
2130owners, operators, employees, and volunteers in the facility or
2131providing the service or program shall be of good moral
2132character. A volunteer who assists on an intermittent basis for
2133less than 40 hours per month is not required to be screened if
2134the volunteer is under direct and constant supervision by
2135persons who meet the screening requirements.
2136     (3)(5)(a)  All employees of the department and all
2137personnel of contract providers for any program for children,
2138including all owners, operators, employees, persons who have
2139access to confidential juvenile records, and volunteers, must
2140complete For any person employed by the department, or by a
2141provider under contract with the department, in delinquency
2142facilities, services, or programs, the department shall require:
2143     1.  A level 2 employment screening pursuant to chapter 435
2144prior to employment. The security background investigations
2145conducted under this section must ensure that, in addition to
2146the disqualifying offenses listed in s. 435.04, no person
2147subject to the background screening provisions of this section
2148has an arrest awaiting final disposition for, been found guilty
2149of, regardless of adjudication, or entered a plea of nolo
2150contendere or guilty to, or has been adjudicated delinquent and
2151the record has not been sealed or expunged for, any offense
2152prohibited under any of the following provisions of the Florida
2153Statutes or under any similar statute of another jurisdiction:
2154     a.  Section 784.07, relating to assault or battery of law
2155enforcement officers, firefighters, emergency medical care
2156providers, public transit employees or agents, or other
2157specified officers.
2158     b.  Section 817.568, relating to criminal use of personal
2159identification information.
2160     2.  A national federal criminal history records check by
2161the Federal Bureau of Investigation every 5 years following the
2162date of the person's employment.
2163     (b)  Except for law enforcement, correctional, and
2164correctional probation officers, to whom s. 943.13(5) applies,
2165the department shall electronically submit to the Department of
2166Law Enforcement:
2167     1.  Fingerprint information obtained during the employment
2168screening required by subparagraph (a)1.
2169     2.  Beginning on December 15, 2005, Fingerprint information
2170for all persons employed by the department, or by a provider
2171under contract with the department, in delinquency facilities,
2172services, or programs if such fingerprint information has not
2173previously been electronically submitted to the Department of
2174Law Enforcement under this paragraph.
2175     (c)  All fingerprint information electronically submitted
2176to the Department of Law Enforcement under paragraph (b) shall
2177be retained by the Department of Law Enforcement and entered
2178into the statewide automated fingerprint identification system
2179authorized by s. 943.05(2)(b). Thereafter, such fingerprint
2180information shall be available for all purposes and uses
2181authorized for arrest fingerprint information entered into the
2182statewide automated fingerprint identification system pursuant
2183to s. 943.051 until the fingerprint information is removed
2184pursuant to paragraph (e). The Department of Law Enforcement
2185shall search all arrest fingerprint information received
2186pursuant to s. 943.051 against the fingerprint information
2187entered into the statewide automated fingerprint system pursuant
2188to this subsection. Any arrest records identified as a result of
2189the search shall be reported to the department in the manner and
2190timeframe established by the Department of Law Enforcement by
2191rule.
2192     (d)  The department shall pay an annual fee to the
2193Department of Law Enforcement for its costs resulting from the
2194fingerprint information retention services required by this
2195subsection. The amount of the annual fee and procedures for the
2196submission and retention of fingerprint information and for the
2197dissemination of search results shall be established by the
2198Department of Law Enforcement by a rule that is applicable to
2199the department individually pursuant to this subsection or that
2200is applicable to the department and other employing agencies
2201pursuant to rulemaking authority otherwise provided by law.
2202     (e)  The department shall notify the Department of Law
2203Enforcement when a person whose fingerprint information is
2204retained by the Department of Law Enforcement under this
2205subsection is no longer employed by the department, or by a
2206provider under contract with the department, in a delinquency
2207facility, service, or program. This notice shall be provided by
2208the department to the Department of Law Enforcement no later
2209than 6 months after the date of the change in the person's
2210employment status. Fingerprint information for persons
2211identified by the department in the notice shall be removed from
2212the statewide automated fingerprint system.
2213     (6)  The department may grant exemptions from
2214disqualification from working with children as provided in s.
2215435.07.
2216     (7)  The department may adopt rules pursuant to ss.
2217120.536(1) and 120.54 to describe the procedure and requirements
2218necessary to implement the employment screening and fingerprint
2219retention services for all employees of the department and all
2220personnel of contract providers for any program for children,
2221including all owners, operators, employees, and volunteers,
2222including the collection of associated fees.
2223     Section 46.  Paragraph (a) of subsection (1) of section
2224381.60225, Florida Statutes, is amended to read:
2225     381.60225  Background screening.-
2226     (1)  Each applicant for certification must comply with the
2227following requirements:
2228     (a)  Upon receipt of a completed, signed, and dated
2229application, the Agency for Health Care Administration shall
2230require background screening, in accordance with the level 2
2231standards for screening set forth in chapter 435, of the
2232managing employee, or other similarly titled individual
2233responsible for the daily operation of the organization, agency,
2234or entity, and financial officer, or other similarly titled
2235individual who is responsible for the financial operation of the
2236organization, agency, or entity, including billings for
2237services. The applicant must comply with the procedures for
2238level 2 background screening as set forth in chapter 435, as
2239well as the requirements of s. 435.03(3).
2240     Section 47.  Subsection (32) of section 409.912, Florida
2241Statutes, is amended to read:
2242     409.912  Cost-effective purchasing of health care.-The
2243agency shall purchase goods and services for Medicaid recipients
2244in the most cost-effective manner consistent with the delivery
2245of quality medical care. To ensure that medical services are
2246effectively utilized, the agency may, in any case, require a
2247confirmation or second physician's opinion of the correct
2248diagnosis for purposes of authorizing future services under the
2249Medicaid program. This section does not restrict access to
2250emergency services or poststabilization care services as defined
2251in 42 C.F.R. part 438.114. Such confirmation or second opinion
2252shall be rendered in a manner approved by the agency. The agency
2253shall maximize the use of prepaid per capita and prepaid
2254aggregate fixed-sum basis services when appropriate and other
2255alternative service delivery and reimbursement methodologies,
2256including competitive bidding pursuant to s. 287.057, designed
2257to facilitate the cost-effective purchase of a case-managed
2258continuum of care. The agency shall also require providers to
2259minimize the exposure of recipients to the need for acute
2260inpatient, custodial, and other institutional care and the
2261inappropriate or unnecessary use of high-cost services. The
2262agency shall contract with a vendor to monitor and evaluate the
2263clinical practice patterns of providers in order to identify
2264trends that are outside the normal practice patterns of a
2265provider's professional peers or the national guidelines of a
2266provider's professional association. The vendor must be able to
2267provide information and counseling to a provider whose practice
2268patterns are outside the norms, in consultation with the agency,
2269to improve patient care and reduce inappropriate utilization.
2270The agency may mandate prior authorization, drug therapy
2271management, or disease management participation for certain
2272populations of Medicaid beneficiaries, certain drug classes, or
2273particular drugs to prevent fraud, abuse, overuse, and possible
2274dangerous drug interactions. The Pharmaceutical and Therapeutics
2275Committee shall make recommendations to the agency on drugs for
2276which prior authorization is required. The agency shall inform
2277the Pharmaceutical and Therapeutics Committee of its decisions
2278regarding drugs subject to prior authorization. The agency is
2279authorized to limit the entities it contracts with or enrolls as
2280Medicaid providers by developing a provider network through
2281provider credentialing. The agency may competitively bid single-
2282source-provider contracts if procurement of goods or services
2283results in demonstrated cost savings to the state without
2284limiting access to care. The agency may limit its network based
2285on the assessment of beneficiary access to care, provider
2286availability, provider quality standards, time and distance
2287standards for access to care, the cultural competence of the
2288provider network, demographic characteristics of Medicaid
2289beneficiaries, practice and provider-to-beneficiary standards,
2290appointment wait times, beneficiary use of services, provider
2291turnover, provider profiling, provider licensure history,
2292previous program integrity investigations and findings, peer
2293review, provider Medicaid policy and billing compliance records,
2294clinical and medical record audits, and other factors. Providers
2295shall not be entitled to enrollment in the Medicaid provider
2296network. The agency shall determine instances in which allowing
2297Medicaid beneficiaries to purchase durable medical equipment and
2298other goods is less expensive to the Medicaid program than long-
2299term rental of the equipment or goods. The agency may establish
2300rules to facilitate purchases in lieu of long-term rentals in
2301order to protect against fraud and abuse in the Medicaid program
2302as defined in s. 409.913. The agency may seek federal waivers
2303necessary to administer these policies.
2304     (32)  Each managed care plan that is under contract with
2305the agency to provide health care services to Medicaid
2306recipients shall annually conduct a background check with the
2307Florida Department of Law Enforcement of all persons with
2308ownership interest of 5 percent or more or executive management
2309responsibility for the managed care plan and shall submit to the
2310agency information concerning any such person who has been found
2311guilty of, regardless of adjudication, or has entered a plea of
2312nolo contendere or guilty to, any of the offenses listed in s.
2313435.04 435.03.
2314     Section 48.  Paragraph (e) of subsection (1) of section
2315464.018, Florida Statutes, is amended to read:
2316     464.018  Disciplinary actions.-
2317     (1)  The following acts constitute grounds for denial of a
2318license or disciplinary action, as specified in s. 456.072(2):
2319     (e)  Having been found guilty of, regardless of
2320adjudication, or entered a plea of nolo contendere or guilty to,
2321any offense prohibited under s. 435.04 435.03 or under any
2322similar statute of another jurisdiction; or having committed an
2323act which constitutes domestic violence as defined in s. 741.28.
2324     Section 49.  Paragraph (m) of subsection (1) of section
2325468.3101, Florida Statutes, is amended to read:
2326     468.3101  Disciplinary grounds and actions.-
2327     (1)  The department may make or require to be made any
2328investigations, inspections, evaluations, and tests, and require
2329the submission of any documents and statements, which it
2330considers necessary to determine whether a violation of this
2331part has occurred. The following acts shall be grounds for
2332disciplinary action as set forth in this section:
2333     (m)  Having been found guilty of, regardless of
2334adjudication, or pleading guilty or nolo contendere to, any
2335offense prohibited under s. 435.04 435.03 or under any similar
2336statute of another jurisdiction.
2337     Section 50.  Subsection (3) of section 744.309, Florida
2338Statutes, is amended to read:
2339     744.309  Who may be appointed guardian of a resident ward.-
2340     (3)  DISQUALIFIED PERSONS.-No person who has been convicted
2341of a felony or who, from any incapacity or illness, is incapable
2342of discharging the duties of a guardian, or who is otherwise
2343unsuitable to perform the duties of a guardian, shall be
2344appointed to act as guardian. Further, no person who has been
2345judicially determined to have committed abuse, abandonment, or
2346neglect against a child as defined in s. 39.01 or s. 984.03(1),
2347(2), and (37), or who has been found guilty of, regardless of
2348adjudication, or entered a plea of nolo contendere or guilty to,
2349any offense prohibited under s. 435.04 435.03 or under any
2350similar statute of another jurisdiction, shall be appointed to
2351act as a guardian. Except as provided in subsection (5) or
2352subsection (6), a person who provides substantial services to
2353the proposed ward in a professional or business capacity, or a
2354creditor of the proposed ward, may not be appointed guardian and
2355retain that previous professional or business relationship. A
2356person may not be appointed a guardian if he or she is in the
2357employ of any person, agency, government, or corporation that
2358provides service to the proposed ward in a professional or
2359business capacity, except that a person so employed may be
2360appointed if he or she is the spouse, adult child, parent, or
2361sibling of the proposed ward or the court determines that the
2362potential conflict of interest is insubstantial and that the
2363appointment would clearly be in the proposed ward's best
2364interest. The court may not appoint a guardian in any other
2365circumstance in which a conflict of interest may occur.
2366     Section 51.  Subsection (12) of section 744.474, Florida
2367Statutes, is amended to read:
2368     744.474  Reasons for removal of guardian.-A guardian may be
2369removed for any of the following reasons, and the removal shall
2370be in addition to any other penalties prescribed by law:
2371     (12)  Having been found guilty of, regardless of
2372adjudication, or entered a plea of nolo contendere or guilty to,
2373any offense prohibited under s. 435.04 435.03 or under any
2374similar statute of another jurisdiction.
2375     Section 52.  Paragraph (a) of subsection (6) of section
2376985.04, Florida Statutes, is amended to read:
2377     985.04  Oaths; records; confidential information.-
2378     (6)(a)  Records maintained by the department, including
2379copies of records maintained by the court, which pertain to a
2380child found to have committed a delinquent act which, if
2381committed by an adult, would be a crime specified in s. ss.
2382435.03 and 435.04 may not be destroyed under this section for a
2383period of 25 years after the youth's final referral to the
2384department, except in cases of the death of the child. Such
2385records, however, shall be sealed by the court for use only in
2386meeting the screening requirements for personnel in s. 402.3055
2387and the other sections cited above, or under departmental rule;
2388however, current criminal history information must be obtained
2389from the Department of Law Enforcement in accordance with s.
2390943.053. The information shall be released to those persons
2391specified in the above cited sections for the purposes of
2392complying with those sections. The court may punish by contempt
2393any person who releases or uses the records for any unauthorized
2394purpose.
2395     Section 53.  The changes made by this act are intended to
2396be prospective in nature. It is not intended that persons who
2397are employed or licensed on the effective date of this act be
2398rescreened until such time as they are otherwise required to be
2399rescreened pursuant to law, at which time they must meet the
2400requirements for screening as set forth in this act.
2401     Section 54.  This act shall take effect July 1, 2010.


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