_h7069e1
CS/HB 7069

1
A bill to be entitled
2An act relating to background screening; amending s.
339.001, F.S.; revising an exemption from screening
4requirements for volunteers; amending s.39.821, F.S.;
5revising background screening requirements for the
6Guardian Ad Litem Program; amending s. 215.5586, F.S.;
7removing reference to chapter 435, F.S., for background
8screening of hurricane mitigation inspectors; amending s.
9393.0655, F.S.; revising an exemption from screening
10requirements for volunteers, removing a temporary
11exemption for direct service providers awaiting completion
12of a background screening, and adding additional
13disqualifying offenses for the screening of direct service
14providers for persons with developmental disabilities;
15amending s. 394.4572, F.S.; revising background screening
16requirements for mental health personnel; amending s.
17400.215, F.S.; revising background screening requirements
18for nursing home personnel; amending s. 400.506, F.S.;
19conforming provisions to changes made by the act; amending
20s. 400.512, F.S.; revising background screening
21requirements for home health agency personnel, nurse
22registry personnel, and companions and homemakers;
23amending s. 400.6065, F.S.; revising background screening
24requirements for hospices; amending s. 400.801, F.S.;
25revising background screening requirements for homes for
26special services; amending s. 400.805, F.S.; revising
27background screening requirements for transitional living
28facilities; creating s. 400.9065, F.S.; providing
29background screening requirements for prescribed pediatric
30extended care centers; amending s. 400.934, F.S.; revising
31minimum standards for home medical equipment providers;
32amending s. 400.953, F.S.; revising background screening
33requirements for home medical equipment providers;
34repealing s. 400.955, F.S., relating to the procedures for
35screening of home medical equipment provider personnel;
36amending s. 400.964, F.S.; revising background screening
37requirements for intermediate care facilities for
38developmentally disabled persons; amending s. 400.980,
39F.S.; revising background screening requirements for
40health care services pools; amending s. 400.991, F.S.;
41revising background screening requirements for health care
42clinics; amending s. 408.806, F.S.; adding a requirement
43for an affidavit relating to background screening to the
44license application process under the Agency for Health
45Care Administration; amending s. 408.808, F.S.; conforming
46provisions to changes made by the act; amending s.
47408.809, F.S.; revising background screening requirements
48under the Agency for Health Care Administration; requiring
49electronic submission of fingerprints; amending s.
50402.302, F.S.; revising exemptions from screening
51requirements for volunteers and students; amending s.
52409.175, F.S.; revising an exemption from screening
53requirements for volunteers; revising background screening
54requirements for employees and volunteers in summer day
55camps and summer 24-hour camps; repealing s. 409.1758,
56F.S., relating to screening of summer camp personnel;
57amending s. 409.221, F.S.; revising background screening
58requirements for persons who render consumer-directed
59care; amending s. 409.907, F.S.; revising background
60screening requirements for Medicaid providers; amending s.
61429.14, F.S.; revising administrative penalty provisions
62relating to assisted living facilities; amending s.
63429.174, F.S.; revising background screening requirements
64for assisted living facilities; amending s. 429.67, F.S.;
65revising licensure requirements for adult family-care
66homes; amending s. 429.69, F.S.; revising background
67screening requirements for adult family-care homes;
68amending s. 429.911, F.S.; revising administrative penalty
69provisions relating to adult day care centers; amending s.
70429.919, F.S.; revising background screening requirements
71for adult day care centers; creating s. 430.60, F.S.;
72providing background screening requirements for direct
73service providers under the Department of Elderly Affairs;
74amending s. 435.01, F.S.; revising provisions related to
75the applicability of the chapter, statutory references to
76the chapter, and rulemaking; providing construction with
77respect to the doctrine of incorporation by reference;
78amending s. 435.02, F.S.; revising and adding definitions;
79amending s. 435.03, F.S.; revising level 1 screening
80standards; adding disqualifying offenses; amending s.
81435.04, F.S.; revising level 2 screening standards;
82requiring electronic submission of fingerprints after a
83certain date; authorizing agencies to contract for
84electronic fingerprinting; adding disqualifying offenses;
85amending s. 435.05, F.S.; revising background check
86requirements for covered employees and employers; amending
87s. 435.06, F.S.; revising provisions relating to exclusion
88from employment; providing that an employer may not hire,
89select, or otherwise allow an employee contact with any
90vulnerable person until the screening process is
91completed; requiring removal of an employee arrested for
92disqualifying offenses from roles requiring background
93screening until the employee's eligibility for employment
94is determined; amending s. 435.07, F.S.; revising
95provisions relating to exemptions from disqualification;
96providing that disqualification from employment may not be
97removed from, nor an exemption be granted to, any person
98who has been designated as a sexual predator, career
99offender, or sexual offender; amending s. 435.08, F.S.;
100revising provisions relating to the payment for processing
101of fingerprints and criminal history records checks;
102amending s. 456.039, F.S.; deleting language relating to
103criminal history records checks of designated health care
104professionals; amending s. 464.203, F.S.; conforming
105provisions to changes made by the act; amending s.
106489.115, F.S.; removing reference to chapter 435, F.S.,
107for background screening of construction contractors;
108amending s. 943.05, F.S.; revising provisions relating to
109the Criminal Justice Information Program under the
110Department of Law Enforcement; authorizing agencies to
111request the retention of certain fingerprints by the
112department; providing for rulemaking to require employers
113to keep the agencies informed of any change in the
114affiliation, employment, or contractual status of each
115person whose fingerprints are retained in certain
116circumstances; providing departmental duties upon
117notification that a federal fingerprint retention program
118is in effect; amending s. 943.053, F.S.; removing obsolete
119references relating to the dissemination of criminal
120justice information; amending s. 984.01, F.S.; revising an
121exemption from screening requirements for volunteers with
122programs for children; amending s. 985.644, F.S.; revising
123background screening requirements for the Department of
124Juvenile Justice; authorizing rulemaking; amending ss.
125381.60225, 409.912, 464.018, 468.3101, 744.309, 744.474,
126and 985.04, F.S.; conforming provisions to changes made to
127ch. 435, F.S., by this act; providing for prospective
128application of the act; providing an effective date.
129
130Be It Enacted by the Legislature of the State of Florida:
131
132     Section 1.  Paragraph (a) of subsection (2) of section
13339.001, Florida Statutes, is amended to read:
134     39.001  Purposes and intent; personnel standards and
135screening.-
136     (2)  DEPARTMENT CONTRACTS.-The department may contract with
137the Federal Government, other state departments and agencies,
138county and municipal governments and agencies, public and
139private agencies, and private individuals and corporations in
140carrying out the purposes of, and the responsibilities
141established in, this chapter.
142     (a)  When the department contracts with a provider for any
143program for children, all personnel, including owners,
144operators, employees, and volunteers, in the facility must be of
145good moral character. A volunteer who assists on an intermittent
146basis for less than 10 40 hours per month need not be screened,
147provided a person who meets the screening requirement of this
148section is always present and has the volunteer within his or
149her line of sight if the volunteer is under direct and constant
150supervision by persons who meet the screening requirements.
151     Section 2.  Subsection (1) of section 39.821, Florida
152Statutes, is amended to read:
153     39.821  Qualifications of guardians ad litem.-
154     (1)  Because of the special trust or responsibility placed
155in a guardian ad litem, the Guardian Ad Litem Program may use
156any private funds collected by the program, or any state funds
157so designated, to conduct a security background investigation
158before certifying a volunteer to serve. A security background
159investigation must include, but need not be limited to,
160employment history checks, checks of references, local criminal
161history records checks through local law enforcement agencies,
162and statewide criminal history records checks through the
163Department of Law Enforcement. Upon request, an employer shall
164furnish a copy of the personnel record for the employee or
165former employee who is the subject of a security background
166investigation conducted under this section. The information
167contained in the personnel record may include, but need not be
168limited to, disciplinary matters and the reason why the employee
169was terminated from employment. An employer who releases a
170personnel record for purposes of a security background
171investigation is presumed to have acted in good faith and is not
172liable for information contained in the record without a showing
173that the employer maliciously falsified the record. A security
174background investigation conducted under this section must
175ensure that a person is not certified as a guardian ad litem if
176the person has an arrest awaiting final disposition for, been
177convicted of, regardless of adjudication, or entered a plea of
178nolo contendere or guilty to, or has been adjudicated delinquent
179and the record has not been sealed or expunged for, any offense
180prohibited under the provisions listed in s. 435.04. All
181applicants certified after July 1, 2010, must undergo a level 2
182background screening pursuant to chapter 435 before being
183certified the provisions of the Florida Statutes specified in s.
184435.04(2) or under any similar law in another jurisdiction.
185Before certifying an applicant to serve as a guardian ad litem,
186the Guardian Ad Litem Program may request a federal criminal
187records check of the applicant through the Federal Bureau of
188Investigation. In analyzing and evaluating the information
189obtained in the security background investigation, the program
190must give particular emphasis to past activities involving
191children, including, but not limited to, child-related criminal
192offenses or child abuse. The program has the sole discretion in
193determining whether to certify a person based on his or her
194security background investigation. The information collected
195pursuant to the security background investigation is
196confidential and exempt from s. 119.07(1).
197     Section 3.  Paragraph (b) of subsection (1) of section
198215.5586, Florida Statutes, is amended to read:
199     215.5586  My Safe Florida Home Program.-There is
200established within the Department of Financial Services the My
201Safe Florida Home Program. The department shall provide fiscal
202accountability, contract management, and strategic leadership
203for the program, consistent with this section. This section does
204not create an entitlement for property owners or obligate the
205state in any way to fund the inspection or retrofitting of
206residential property in this state. Implementation of this
207program is subject to annual legislative appropriations. It is
208the intent of the Legislature that the My Safe Florida Home
209Program provide trained and certified inspectors to perform
210inspections for owners of site-built, single-family, residential
211properties and grants to eligible applicants as funding allows.
212The program shall develop and implement a comprehensive and
213coordinated approach for hurricane damage mitigation that may
214include the following:
215     (1)  HURRICANE MITIGATION INSPECTIONS.-
216     (b)  To qualify for selection by the department as a wind
217certification entity to provide hurricane mitigation
218inspections, the entity shall, at a minimum, meet the following
219requirements:
220     1.  Use hurricane mitigation inspectors who:
221     a.  Are certified as a building inspector under s. 468.607;
222     b.  Are licensed as a general or residential contractor
223under s. 489.111;
224     c.  Are licensed as a professional engineer under s.
225471.015 and who have passed the appropriate equivalency test of
226the building code training program as required by s. 553.841;
227     d.  Are licensed as a professional architect under s.
228481.213; or
229     e.  Have at least 2 years of experience in residential
230construction or residential building inspection and have
231received specialized training in hurricane mitigation
232procedures. Such training may be provided by a class offered
233online or in person.
234     2.  Use hurricane mitigation inspectors who also:
235     a.  Have undergone drug testing and a level 2 background
236screening checks pursuant to s. 435.04. The department may
237conduct criminal history records record checks of inspectors
238used by wind certification entities. Inspectors must submit a
239set of the fingerprints to the department for state and national
240criminal history records checks and must pay the fingerprint
241processing fee set forth in s. 624.501. The fingerprints shall
242be sent by the department to the Department of Law Enforcement
243and forwarded to the Federal Bureau of Investigation for
244processing. The results shall be returned to the department for
245screening. The fingerprints shall be taken by a law enforcement
246agency, designated examination center, or other department-
247approved entity; and
248     b.  Have been certified, in a manner satisfactory to the
249department, to conduct the inspections.
250     3.  Provide a quality assurance program including a
251reinspection component.
252     Section 4.  Paragraphs (a) and (e) of subsection (1) of
253section 393.0655, Florida Statutes, are amended, and subsection
254(5) is added to that section, to read:
255     393.0655  Screening of direct service providers.-
256     (1)  MINIMUM STANDARDS.-The agency shall require level 2
257employment screening pursuant to chapter 435 for direct service
258providers who are unrelated to their clients, including support
259coordinators, and managers and supervisors of residential
260facilities or comprehensive transitional education programs
261licensed under this chapter and any other person, including
262volunteers, who provide care or services, who have access to a
263client's living areas, or who have access to a client's funds or
264personal property. Background screening shall include employment
265history checks as provided in s. 435.03(1) and local criminal
266records checks through local law enforcement agencies.
267     (a)  A volunteer who assists on an intermittent basis for
268less than 10 40 hours per month does not have to be screened,
269provided a person who meets the screening requirement of this
270section is always present and has the volunteer within his or
271her line of sight if the volunteer is under the direct and
272constant visual supervision of persons who meet the screening
273requirements of this section.
274     (e)  A direct service provider who is awaiting the
275completion of background screening is temporarily exempt from
276the screening requirements under this section if the provider is
277under the direct and constant visual supervision of persons who
278meet the screening requirements of this section. Such exemption
279expires 90 days after the direct service provider first provides
280care or services to clients, has access to a client's living
281areas, or has access to a client's funds or personal property.
282     (5)  DISQUALIFYING OFFENSES.-The background screening
283conducted under this section must ensure that, in addition to
284the disqualifying offenses listed in s. 435.04, no person
285subject to the provisions of this section has an arrest awaiting
286final disposition for, has been found guilty of, regardless of
287adjudication, has entered a plea of nolo contendere or guilty
288to, or has been adjudicated delinquent and the record has not
289been sealed or expunged for, any offense prohibited under any of
290the following provisions of the Florida Statutes or under any
291similar statute of another jurisdiction:
292     (a)  Any authorizing statutes, if the offense was a felony.
293     (b)  This chapter, if the offense was a felony.
294     (c)  Section 409.920, relating to Medicaid provider fraud.
295     (d)  Section 409.9201, relating to Medicaid fraud.
296     (e)  Section 817.034, relating to fraudulent acts through
297mail, wire, radio, electromagnetic, photoelectronic, or
298photooptical systems.
299     (f)  Section 817.234, relating to false and fraudulent
300insurance claims.
301     (g)  Section 817.505, relating to patient brokering.
302     (h)  Section 817.568, relating to criminal use of personal
303identification information.
304     (i)  Section 817.60, relating to obtaining a credit card
305through fraudulent means.
306     (j)  Section 817.61, relating to fraudulent use of credit
307cards, if the offense was a felony.
308     (k)  Section 831.01, relating to forgery.
309     (l)  Section 831.02, relating to uttering forged
310instruments.
311     (m)  Section 831.07, relating to forging bank bills,
312checks, drafts, or promissory notes.
313     (n)  Section 831.09, relating to uttering forged bank
314bills, checks, drafts, or promissory notes.
315     Section 5.  Section 394.4572, Florida Statutes, is amended
316to read:
317     394.4572  Screening of mental health personnel.-
318     (1)(a)  The department and the Agency for Health Care
319Administration shall require level 2 background employment
320screening pursuant to chapter 435 for mental health personnel
321using the standards for level 2 screening set forth in chapter
322435. "Mental health personnel" includes all program directors,
323professional clinicians, staff members, and volunteers working
324in public or private mental health programs and facilities who
325have direct contact with individuals held for examination or
326admitted for mental health treatment unmarried patients under
327the age of 18 years. For purposes of this chapter, employment
328screening of mental health personnel shall also include, but is
329not limited to, employment screening as provided under chapter
330435 and s. 408.809.
331     (b)  Students in the health care professions who are
332interning in a mental health facility licensed under chapter
333395, where the primary purpose of the facility is not the
334treatment of minors, are exempt from the fingerprinting and
335screening requirements, if provided they are under direct
336supervision in the actual physical presence of a licensed health
337care professional.
338     (c)  Mental health personnel working in a facility licensed
339under chapter 395 who have less than 15 hours per week of direct
340contact with patients or who are health care professionals
341licensed by the Agency for Health Care Administration or a board
342thereunder are exempt from the fingerprinting and screening
343requirements, except for persons working in mental health
344facilities where the primary purpose of the facility is the
345treatment of minors.
346     (d)  A volunteer who assists on an intermittent basis for
347less than 10 40 hours per month is exempt from the
348fingerprinting and screening requirements, provided a person who
349meets the screening requirement of paragraph (a) is always
350present and has the volunteer within his or her line of sight
351the volunteer is under direct and constant supervision by
352persons who meet the screening requirements of paragraph (a).
353     (2)  The department or the Agency for Health Care
354Administration may grant exemptions from disqualification as
355provided in chapter 435 s. 435.06.
356     (3)  Prospective mental health personnel who have
357previously been fingerprinted or screened pursuant to this
358chapter, chapter 393, chapter 397, chapter 402, or chapter 409,
359or teachers who have been fingerprinted pursuant to chapter
3601012, who have not been unemployed for more than 90 days
361thereafter, and who under the penalty of perjury attest to the
362completion of such fingerprinting or screening and to compliance
363with the provisions of this section and the standards for level
3641 screening contained in chapter 435, shall not be required to
365be refingerprinted or rescreened in order to comply with any
366screening requirements of this part.
367     Section 6.  Section 400.215, Florida Statutes, is amended
368to read:
369     400.215  Personnel screening requirement.-
370     (1)  The agency shall require level 2 background screening
371for personnel as required in s. 408.809(1)(e) pursuant to as
372provided in chapter 435 and s. 408.809. for all employees or
373prospective employees of facilities licensed under this part who
374are expected to, or whose responsibilities may require them to:
375     (a)  Provide personal care or services to residents;
376     (b)  Have access to resident living areas; or
377     (c)  Have access to resident funds or other personal
378property.
379     (2)  Employers and employees shall comply with the
380requirements of s. 435.05.
381     (a)  Notwithstanding the provisions of s. 435.05(1),
382facilities must have in their possession evidence that level 1
383screening has been completed before allowing an employee to
384begin working with patients as provided in subsection (1). All
385information necessary for conducting background screening using
386level 1 standards as specified in s. 435.03 shall be submitted
387by the nursing facility to the agency. Results of the background
388screening shall be provided by the agency to the requesting
389nursing facility.
390     (b)  Employees qualified under the provisions of paragraph
391(a) who have not maintained continuous residency within the
392state for the 5 years immediately preceding the date of request
393for background screening must complete level 2 screening, as
394provided in chapter 435. Such employees may work in a
395conditional status up to 180 days pending the receipt of written
396findings evidencing the completion of level 2 screening. Level 2
397screening shall not be required of employees or prospective
398employees who attest in writing under penalty of perjury that
399they meet the residency requirement. Completion of level 2
400screening shall require the employee or prospective employee to
401furnish to the nursing facility a full set of fingerprints to
402enable a criminal background investigation to be conducted. The
403nursing facility shall submit the completed fingerprint card to
404the agency. The agency shall establish a record of the request
405in the database provided for in paragraph (c) and forward the
406request to the Department of Law Enforcement, which is
407authorized to submit the fingerprints to the Federal Bureau of
408Investigation for a national criminal history records check. The
409results of the national criminal history records check shall be
410returned to the agency, which shall maintain the results in the
411database provided for in paragraph (c). The agency shall notify
412the administrator of the requesting nursing facility or the
413administrator of any other facility licensed under chapter 393,
414chapter 394, chapter 395, chapter 397, chapter 429, or this
415chapter, as requested by such facility, as to whether or not the
416employee has qualified under level 1 or level 2 screening. An
417employee or prospective employee who has qualified under level 2
418screening and has maintained such continuous residency within
419the state shall not be required to complete a subsequent level 2
420screening as a condition of employment at another facility.
421     (c)  The agency shall establish and maintain a database of
422background screening information which shall include the results
423of both level 1 and level 2 screening. The Department of Law
424Enforcement shall timely provide to the agency, electronically,
425the results of each statewide screening for incorporation into
426the database. The agency shall, upon request from any facility,
427agency, or program required by or authorized by law to screen
428its employees or applicants, notify the administrator of the
429facility, agency, or program of the qualifying or disqualifying
430status of the employee or applicant named in the request.
431     (d)  Applicants and employees shall be excluded from
432employment pursuant to s. 435.06.
433     (3)  The applicant is responsible for paying the fees
434associated with obtaining the required screening. Payment for
435the screening shall be submitted to the agency. The agency shall
436establish a schedule of fees to cover the costs of level 1 and
437level 2 screening. Facilities may reimburse employees for these
438costs. The Department of Law Enforcement shall charge the agency
439for a level 1 or level 2 screening a rate sufficient to cover
440the costs of such screening pursuant to s. 943.053(3). The
441agency shall, as allowable, reimburse nursing facilities for the
442cost of conducting background screening as required by this
443section. This reimbursement will not be subject to any rate
444ceilings or payment targets in the Medicaid Reimbursement plan.
445     (4)(a)  As provided in s. 435.07, the agency may grant an
446exemption from disqualification to an employee or prospective
447employee who is subject to this section and who has not received
448a professional license or certification from the Department of
449Health.
450     (b)  As provided in s. 435.07, the appropriate regulatory
451board within the Department of Health, or that department itself
452when there is no board, may grant an exemption from
453disqualification to an employee or prospective employee who is
454subject to this section and who has received a professional
455license or certification from the Department of Health or a
456regulatory board within that department.
457     (5)  Any provision of law to the contrary notwithstanding,
458persons who have been screened and qualified as required by this
459section and who have not been unemployed for more than 180 days
460thereafter, and who under penalty of perjury attest to not
461having been convicted of a disqualifying offense since the
462completion of such screening, shall not be required to be
463rescreened. An employer may obtain, pursuant to s. 435.10,
464written verification of qualifying screening results from the
465previous employer or other entity which caused such screening to
466be performed.
467     (6)  The agency and the Department of Health shall have
468authority to adopt rules pursuant to the Administrative
469Procedure Act to implement this section.
470     (7)  All employees shall comply with the requirements of
471this section by October 1, 1998. No current employee of a
472nursing facility as of the effective date of this act shall be
473required to submit to rescreening if the nursing facility has in
474its possession written evidence that the person has been
475screened and qualified according to level 1 standards as
476specified in s. 435.03(1). Any current employee who meets the
477level 1 requirement but does not meet the 5-year residency
478requirement as specified in this section must provide to the
479employing nursing facility written attestation under penalty of
480perjury that the employee has not been convicted of a
481disqualifying offense in another state or jurisdiction. All
482applicants hired on or after October 1, 1998, shall comply with
483the requirements of this section.
484     (8)  There is no monetary or unemployment liability on the
485part of, and no cause of action for damages arising against an
486employer that, upon notice of a disqualifying offense listed
487under chapter 435 or an act of domestic violence, terminates the
488employee against whom the report was issued, whether or not the
489employee has filed for an exemption with the Department of
490Health or the Agency for Health Care Administration.
491     Section 7.  Subsection (9) of section 400.506, Florida
492Statutes, is amended to read:
493     400.506  Licensure of nurse registries; requirements;
494penalties.-
495     (9)  Each nurse registry must comply with the background
496screening requirements procedures set forth in s. 400.512 for
497maintaining records of the work history of all persons referred
498for contract and is subject to the standards and conditions set
499forth in that section. However, an initial screening may not be
500required for persons who have been continuously registered with
501the nurse registry since October 1, 2000.
502     Section 8.  Section 400.512, Florida Statutes, is amended
503to read:
504     400.512  Screening of home health agency personnel; nurse
505registry personnel; and companions and homemakers.-The agency
506shall require level 2 background screening for personnel as
507required in s. 408.809(1)(e) pursuant to chapter 435 and s.
508408.809 employment or contractor screening as provided in
509chapter 435, using the level 1 standards for screening set forth
510in that chapter, for home health agency personnel; persons
511referred for employment by nurse registries; and persons
512employed by companion or homemaker services registered under s.
513400.509.
514     (1)(a)  The Agency for Health Care Administration may, upon
515request, grant exemptions from disqualification from employment
516or contracting under this section as provided in s. 435.07,
517except for health care practitioners licensed by the Department
518of Health or a regulatory board within that department.
519     (b)  The appropriate regulatory board within the Department
520of Health, or that department itself when there is no board,
521may, upon request of the licensed health care practitioner,
522grant exemptions from disqualification from employment or
523contracting under this section as provided in s. 435.07.
524     (2)  The administrator of each home health agency, the
525managing employee of each nurse registry, and the managing
526employee of each companion or homemaker service registered under
527s. 400.509 must sign an affidavit annually, under penalty of
528perjury, stating that all personnel hired or contracted with or
529registered on or after October 1, 2000, who enter the home of a
530patient or client in their service capacity have been screened.
531     (3)  As a prerequisite to operating as a home health
532agency, nurse registry, or companion or homemaker service under
533s. 400.509, the administrator or managing employee,
534respectively, must submit to the agency his or her name and any
535other information necessary to conduct a complete screening
536according to this section. The agency shall submit the
537information to the Department of Law Enforcement for state
538processing. The agency shall review the record of the
539administrator or manager with respect to the offenses specified
540in this section and shall notify the owner of its findings. If
541disposition information is missing on a criminal record, the
542administrator or manager, upon request of the agency, must
543obtain and supply within 30 days the missing disposition
544information to the agency. Failure to supply missing information
545within 30 days or to show reasonable efforts to obtain such
546information will result in automatic disqualification.
547     (4)  Proof of compliance with the screening requirements of
548chapter 435 shall be accepted in lieu of the requirements of
549this section if the person has been continuously employed or
550registered without a breach in service that exceeds 180 days,
551the proof of compliance is not more than 2 years old, and the
552person has been screened by the Department of Law Enforcement. A
553home health agency, nurse registry, or companion or homemaker
554service registered under s. 400.509 shall directly provide proof
555of compliance to another home health agency, nurse registry, or
556companion or homemaker service registered under s. 400.509. The
557recipient home health agency, nurse registry, or companion or
558homemaker service registered under s. 400.509 may not accept any
559proof of compliance directly from the person who requires
560screening. Proof of compliance with the screening requirements
561of this section shall be provided upon request to the person
562screened by the home health agencies; nurse registries; or
563companion or homemaker services registered under s. 400.509.
564     (5)  There is no monetary liability on the part of, and no
565cause of action for damages arises against, a licensed home
566health agency, licensed nurse registry, or companion or
567homemaker service registered under s. 400.509, that, upon notice
568that the employee or contractor has been found guilty of,
569regardless of adjudication, or entered a plea of nolo contendere
570or guilty to, any offense prohibited under s. 435.03 or under
571any similar statute of another jurisdiction, terminates the
572employee or contractor, whether or not the employee or
573contractor has filed for an exemption with the agency in
574accordance with chapter 435 and whether or not the time for
575filing has expired.
576     (6)  The costs of processing the statewide correspondence
577criminal records checks must be borne by the home health agency;
578the nurse registry; or the companion or homemaker service
579registered under s. 400.509, or by the person being screened, at
580the discretion of the home health agency, nurse registry, or s.
581400.509 registrant.
582     Section 9.  Section 400.6065, Florida Statutes, is amended
583to read:
584     400.6065  Background screening.-The agency shall require
585level 2 background employment or contractor screening for
586personnel as required in s. 408.809(1)(e) pursuant to chapter
587435 and s. 408.809 as provided in chapter 435, using the level 1
588standards for screening set forth in that chapter, for hospice
589personnel.
590     Section 10.  Subsection (2) of section 400.801, Florida
591Statutes, is amended to read:
592     400.801  Homes for special services.-
593     (2)(a)  The requirements of part II of chapter 408 apply to
594the provision of services that require licensure pursuant to
595this section and part II of chapter 408 and entities licensed by
596or applying for such licensure from the agency pursuant to this
597section. A license issued by the agency is required in order to
598operate a home for special services in this state.
599     (b)  The agency shall require level 2 background screening
600for personnel as required in s. 408.809(1)(e) pursuant to
601chapter 435 and s. 408.809.
602     Section 11.  Paragraph (d) is added to subsection (2) of
603section 400.805, Florida Statutes, to read:
604     400.805  Transitional living facilities.-
605     (2)
606     (d)  The agency shall require level 2 background screening
607for personnel as required in s. 408.809(1)(e) pursuant to
608chapter 435 and s. 408.809.
609     Section 12.  Section 400.9065, Florida Statutes, is created
610to read:
611     400.9065  Background screening.-The agency shall require
612level 2 background screening for personnel as required in s.
613408.809(1)(e) pursuant to chapter 435 and s. 408.809.
614     Section 13.  Subsection (16) of section 400.934, Florida
615Statutes, is amended to read:
616     400.934  Minimum standards.-As a requirement of licensure,
617home medical equipment providers shall:
618     (16)  Establish procedures for maintaining a record of the
619employment history, including background screening as required
620by ss. s. 400.953, and 408.809(1) and chapter 435 of all home
621medical equipment provider personnel. A home medical equipment
622provider must require its personnel to submit an employment
623history to the home medical equipment provider and must verify
624the employment history for at least the previous 5 years, unless
625through diligent efforts such verification is not possible.
626There is no monetary liability on the part of, and no cause of
627action for damages arising against a former employer, a
628prospective employee, or a prospective independent contractor
629with a licensed home medical equipment provider, who reasonably
630and in good faith communicates his or her honest opinions about
631a former employee's job performance. This subsection does not
632affect the official immunity of an officer or employee of a
633public corporation.
634     Section 14.  Section 400.953, Florida Statutes, is amended
635to read:
636     400.953  Background screening of home medical equipment
637provider personnel.-The agency shall require level 2 background
638screening for personnel as required in s. 408.809(1)(e) pursuant
639to chapter 435 and s. 408.809 employment screening as provided
640in chapter 435, using the level 1 standards for screening set
641forth in that chapter, for home medical equipment provider
642personnel.
643     (1)  The agency may grant exemptions from disqualification
644from employment under this section as provided in s. 435.07.
645     (2)  The general manager of each home medical equipment
646provider must sign an affidavit annually, under penalty of
647perjury, stating that all home medical equipment provider
648personnel hired on or after July 1, 1999, who enter the home of
649a patient in the capacity of their employment have been screened
650and that its remaining personnel have worked for the home
651medical equipment provider continuously since before July 1,
6521999.
653     (3)  Proof of compliance with the screening requirements of
654s. 110.1127, s. 393.0655, s. 394.4572, s. 397.451, s. 402.305,
655s. 402.313, s. 409.175, s. 464.008, or s. 985.644 or this part
656must be accepted in lieu of the requirements of this section if
657the person has been continuously employed in the same type of
658occupation for which he or she is seeking employment without a
659breach in service that exceeds 180 days, the proof of compliance
660is not more than 2 years old, and the person has been screened
661by the Department of Law Enforcement. An employer or contractor
662shall directly provide proof of compliance to another employer
663or contractor, and a potential employer or contractor may not
664accept any proof of compliance directly from the person
665requiring screening. Proof of compliance with the screening
666requirements of this section shall be provided, upon request, to
667the person screened by the home medical equipment provider.
668     (4)  There is no monetary liability on the part of, and no
669cause of action for damages arising against, a licensed home
670medical equipment provider that, upon notice that an employee
671has been found guilty of, regardless of adjudication, or entered
672a plea of nolo contendere or guilty to, any offense prohibited
673under s. 435.03 or under any similar statute of another
674jurisdiction, terminates the employee, whether or not the
675employee has filed for an exemption with the agency and whether
676or not the time for filing has expired.
677     (5)  The costs of processing the statewide correspondence
678criminal records checks must be borne by the home medical
679equipment provider or by the person being screened, at the
680discretion of the home medical equipment provider.
681     (6)  Neither the agency nor the home medical equipment
682provider may use the criminal records or juvenile records of a
683person for any purpose other than determining whether that
684person meets minimum standards of good moral character for home
685medical equipment provider personnel.
686     (7)(a)  It is a misdemeanor of the first degree, punishable
687as provided in s. 775.082 or s. 775.083, for any person
688willfully, knowingly, or intentionally to:
689     1.  Fail, by false statement, misrepresentation,
690impersonation, or other fraudulent means, to disclose in any
691application for paid employment a material fact used in making a
692determination as to the person's qualifications to be an
693employee under this section;
694     2.  Operate or attempt to operate an entity licensed under
695this part with persons who do not meet the minimum standards for
696good moral character as contained in this section; or
697     3.  Use information from the criminal records obtained
698under this section for any purpose other than screening that
699person for employment as specified in this section, or release
700such information to any other person for any purpose other than
701screening for employment under this section.
702     (b)  It is a felony of the third degree, punishable as
703provided in s. 775.082, s. 775.083, or s. 775.084, for any
704person willfully, knowingly, or intentionally to use information
705from the juvenile records of a person obtained under this
706section for any purpose other than screening for employment
707under this section.
708     Section 15.  Section 400.955, Florida Statutes, is
709repealed.
710     Section 16.  Section 400.964, Florida Statutes, is amended
711to read:
712     400.964  Personnel screening requirement.-
713     (1)  The agency shall require level 2 background screening
714for personnel as required in s. 408.809(1)(e) pursuant to
715chapter 435 and s. 408.809 as provided in chapter 435 for all
716employees or prospective employees of facilities licensed under
717this part who are expected to be, or whose responsibilities are
718such that they would be considered to be, a direct service
719provider.
720     (2)  Employers and employees shall comply with the
721requirements of chapter 435.
722     (3)  Applicants and employees shall be excluded from
723employment pursuant to s. 435.06.
724     (4)  The applicant is responsible for paying the fees
725associated with obtaining the required screening. Payment for
726the screening must be submitted to the agency as prescribed by
727the agency.
728     (5)  Notwithstanding any other provision of law, persons
729who have been screened and qualified as required by this section
730and who have not been unemployed for more than 180 days
731thereafter, and who under penalty of perjury attest to not
732having been convicted of a disqualifying offense since the
733completion of such screening are not required to be rescreened.
734An employer may obtain, pursuant to s. 435.10, written
735verification of qualifying screening results from the previous
736employer or other entity that caused such screening to be
737performed.
738     (6)  The agency may adopt rules to administer this section.
739     (7)  All employees must comply with the requirements of
740this section by October 1, 2000. A person employed by a facility
741licensed pursuant to this part as of the effective date of this
742act is not required to submit to rescreening if the facility has
743in its possession written evidence that the person has been
744screened and qualified according to level 1 standards as
745specified in s. 435.03. Any current employee who meets the level
7461 requirement but does not meet the 5-year residency requirement
747must provide to the employing facility written attestation under
748penalty of perjury that the employee has not been convicted of a
749disqualifying offense in another state or jurisdiction. All
750applicants hired on or after October 1, 1999, must comply with
751the requirements of this section.
752     (8)  There is no monetary or unemployment liability on the
753part of, and no cause of action for damages arises against an
754employer that, upon notice of a disqualifying offense listed
755under chapter 435 or an act of domestic violence, terminates the
756employee, whether or not the employee has filed for an exemption
757with the Department of Health or the Agency for Health Care
758Administration.
759     Section 17.  Subsection (3) of section 400.980, Florida
760Statutes, is amended to read:
761     400.980  Health care services pools.-
762     (3)  Upon receipt of a completed, signed, and dated
763application, The agency shall require level 2 background
764screening for personnel as required in s. 408.809(1)(e) pursuant
765to chapter 435 and s. 408.809, in accordance with the level 1
766standards for screening set forth in chapter 435, of every
767individual who will have contact with patients.
768     Section 18.  Subsection (5) of section 400.991, Florida
769Statutes, is amended to read:
770     400.991  License requirements; background screenings;
771prohibitions.-
772     (5)  Each applicant for licensure shall comply with the
773following requirements:
774     (a)  As used in this subsection, the term "applicant" means
775individuals owning or controlling, directly or indirectly, 5
776percent or more of an interest in a clinic; the medical or
777clinic director, or a similarly titled person who is responsible
778for the day-to-day operation of the licensed clinic; the
779financial officer or similarly titled individual who is
780responsible for the financial operation of the clinic; and
781licensed health care practitioners at the clinic.
782     (b)  Upon receipt of a completed, signed, and dated
783application, The agency shall require level 2 background
784screening for applicants and personnel as required in s.
785408.809(1)(e) pursuant to chapter 435 and s. 408.809 of the
786applicant, in accordance with the level 2 standards for
787screening set forth in chapter 435. Proof of compliance with the
788level 2 background screening requirements of chapter 435 which
789has been submitted within the previous 5 years in compliance
790with any other health care licensure requirements of this state
791is acceptable in fulfillment of this paragraph. Applicants who
792own less than 10 percent of a health care clinic are not
793required to submit fingerprints under this section.
794     (c)  Each applicant must submit to the agency, with the
795application, a description and explanation of any exclusions,
796permanent suspensions, or terminations of an applicant from the
797Medicare or Medicaid programs. Proof of compliance with the
798requirements for disclosure of ownership and control interest
799under the Medicaid or Medicare programs may be accepted in lieu
800of this submission. The description and explanation may indicate
801whether such exclusions, suspensions, or terminations were
802voluntary or not voluntary on the part of the applicant.
803     (d)  A license may not be granted to a clinic if the
804applicant has been found guilty of, regardless of adjudication,
805or has entered a plea of nolo contendere or guilty to, any
806offense prohibited under the level 2 standards for screening set
807forth in chapter 435, or a violation of insurance fraud under s.
808817.234, within the past 5 years. If the applicant has been
809convicted of an offense prohibited under the level 2 standards
810or insurance fraud in any jurisdiction, the applicant must show
811that his or her civil rights have been restored prior to
812submitting an application.
813     Section 19.  Paragraph (h) is added to subsection (1) of
814section 408.806, Florida Statutes, to read:
815     408.806  License application process.-
816     (1)  An application for licensure must be made to the
817agency on forms furnished by the agency, submitted under oath,
818and accompanied by the appropriate fee in order to be accepted
819and considered timely. The application must contain information
820required by authorizing statutes and applicable rules and must
821include:
822     (h)  An affidavit, under penalty of perjury, as required in
823s. 435.05(3), stating compliance with the provisions of this
824section and chapter 435.
825     Section 20.  Subsection (2) of section 408.808, Florida
826Statutes, is amended to read:
827     408.808  License categories.-
828     (2)  PROVISIONAL LICENSE.-A provisional license may be
829issued to an applicant pursuant to s. 408.809(3). An applicant
830against whom a proceeding denying or revoking a license is
831pending at the time of license renewal may be issued a
832provisional license effective until final action not subject to
833further appeal. A provisional license may also be issued to an
834applicant applying for a change of ownership. A provisional
835license shall be limited in duration to a specific period of
836time, not to exceed 12 months, as determined by the agency.
837     Section 21.  Section 408.809, Florida Statutes, is amended
838to read:
839     408.809  Background screening; prohibited offenses.-
840     (1)  Level 2 background screening pursuant to chapter 435
841must be conducted through the agency on each of the following
842persons, who shall be considered an employee for the purposes of
843conducting screening under chapter 435:
844     (a)  The licensee, if an individual.
845     (b)  The administrator or a similarly titled person who is
846responsible for the day-to-day operation of the provider.
847     (c)  The financial officer or similarly titled individual
848who is responsible for the financial operation of the licensee
849or provider.
850     (d)  Any person who is a controlling interest if the agency
851has reason to believe that such person has been convicted of any
852offense prohibited by s. 435.04. For each controlling interest
853who has been convicted of any such offense, the licensee shall
854submit to the agency a description and explanation of the
855conviction at the time of license application.
856     (e)  Any person, as required by authorizing statutes,
857seeking employment with a licensee or provider who is expected
858to, or whose responsibilities may require him or her to, provide
859personal care or services directly to clients or have access to
860client funds, personal property, or living areas; and any
861person, as required by authorizing statutes, contracting with a
862licensee or provider whose responsibilities require him or her
863to provide personal care or personal services directly to
864clients. Evidence of contractor screening may be retained by the
865contractor's employer or the licensee.
866     (2)  Every 5 years following his or her licensure,
867employment, or entry into a contract in a capacity that under
868subsection (1) would require level 2 background screening under
869chapter 435, each such person must submit to level 2 background
870rescreening as a condition of retaining such license or
871continuing in such employment or contractual status. For any
872such rescreening, the agency shall request the Department of Law
873Enforcement to forward the person's fingerprints to the Federal
874Bureau of Investigation for a national criminal history records
875check. If the fingerprints of such a person are not retained by
876the Department of Law Enforcement under s. 943.05(2)(g), the
877person must file a complete set of fingerprints with the agency
878and the agency shall forward the fingerprints to the Department
879of Law Enforcement for state processing and the Department of
880Law Enforcement shall forward the fingerprints to the Federal
881Bureau of Investigation for national processing. The
882fingerprints may be retained by the Department of Law
883Enforcement under s. 943.05(2)(g). The cost of the state and
884national criminal history records checks required by level 2
885screening may be borne by the licensee or the person
886fingerprinted. Proof of compliance with level 2 screening
887standards submitted within the previous 5 years to meet any
888provider or professional licensure requirements of the agency,
889the Department of Health, the Agency for Persons with
890Disabilities, or the Department of Children and Family Services,
891or the Department of Financial Services for an applicant for a
892certificate of authority or provisional certificate of authority
893to operate a continuing care retirement community under chapter
894651 satisfies the requirements of this section, provided the
895person subject to screening has not been unemployed for more
896than 90 consecutive days and that such proof is accompanied,
897under penalty of perjury, by an affidavit of compliance with the
898provisions of chapter 435 and this section using forms provided
899by the agency. Proof of compliance with the background screening
900requirements of the Department of Financial Services submitted
901within the previous 5 years for an applicant for a certificate
902of authority to operate a continuing care retirement community
903under chapter 651 satisfies the Department of Law Enforcement
904and Federal Bureau of Investigation portions of a level 2
905background check.
906     (3)  All fingerprints must be provided in electronic
907format. Screening results shall be reviewed by the agency with
908respect to the offenses specified in s. 435.04 and this section
909and the qualifying or disqualifying status of the person named
910in the request shall be maintained in a database. The qualifying
911or disqualifying status of the person named in the request shall
912be posted on a secure website for retrieval by the licensee or a
913designated agent on the licensee's behalf. A provisional license
914may be granted to an applicant when each individual required by
915this section to undergo background screening has met the
916standards for the Department of Law Enforcement background check
917but the agency has not yet received background screening results
918from the Federal Bureau of Investigation. A standard license may
919be granted to the licensee upon the agency's receipt of a report
920of the results of the Federal Bureau of Investigation background
921screening for each individual required by this section to
922undergo background screening that confirms that all standards
923have been met or upon the granting of an exemption from
924disqualification by the agency as set forth in chapter 435.
925     (4)  When a person is newly employed in a capacity that
926requires screening under this section, the licensee must notify
927the agency of the change within the time period specified in the
928authorizing statute or rules and must submit to the agency
929information necessary to conduct level 2 screening or provide
930evidence of compliance with background screening requirements of
931this section. The person may serve in his or her capacity
932pending the agency's receipt of the report from the Federal
933Bureau of Investigation if he or she has met the standards for
934the Department of Law Enforcement background check. However, the
935person may not continue to serve in his or her capacity if the
936report indicates any violation of background screening standards
937unless an exemption from disqualification has been granted by
938the agency as set forth in chapter 435.
939     (4)(5)  Effective October 1, 2009, In addition to the
940offenses listed in s. ss. 435.03 and 435.04, all persons
941required to undergo background screening pursuant to this part
942or authorizing statutes must not have an arrest awaiting final
943disposition for, been found guilty of, regardless of
944adjudication, or entered a plea of nolo contendere or guilty to,
945or have been adjudicated delinquent and the record has not been
946sealed or expunged for, any of the following offenses or any
947similar offense of another jurisdiction:
948     (a)  Any authorizing statutes, if the offense was a felony.
949     (b)  This chapter, if the offense was a felony.
950     (c)  Section 409.920, relating to Medicaid provider fraud,
951if the offense was a felony.
952     (d)  Section 409.9201, relating to Medicaid fraud, if the
953offense was a felony.
954     (e)  Section 741.28, relating to domestic violence.
955     (f)  Chapter 784, relating to assault, battery, and
956culpable negligence, if the offense was a felony.
957     (g)  Section 810.02, relating to burglary.
958     (f)(h)  Section 817.034, relating to fraudulent acts
959through mail, wire, radio, electromagnetic, photoelectronic, or
960photooptical systems.
961     (g)(i)  Section 817.234, relating to false and fraudulent
962insurance claims.
963     (h)(j)  Section 817.505, relating to patient brokering.
964     (i)(k)  Section 817.568, relating to criminal use of
965personal identification information.
966     (j)(l)  Section 817.60, relating to obtaining a credit card
967through fraudulent means.
968     (k)(m)  Section 817.61, relating to fraudulent use of
969credit cards, if the offense was a felony.
970     (l)(n)  Section 831.01, relating to forgery.
971     (m)(o)  Section 831.02, relating to uttering forged
972instruments.
973     (n)(p)  Section 831.07, relating to forging bank bills,
974checks, drafts, or promissory notes.
975     (o)(q)  Section 831.09, relating to uttering forged bank
976bills, checks, drafts, or promissory notes.
977     (p)(r)  Section 831.30, relating to fraud in obtaining
978medicinal drugs.
979     (q)(s)  Section 831.31, relating to the sale, manufacture,
980delivery, or possession with the intent to sell, manufacture, or
981deliver any counterfeit controlled substance, if the offense was
982a felony.
983
984A person who serves as a controlling interest of, or is employed
985by, or contracts with a licensee on June 30, 2010 September 30,
9862009, who has been screened and qualified according to standards
987specified in s. 435.03 or s. 435.04 must be rescreened by June
98830, 2015. The agency may adopt rules pursuant to ss. 120.536(1)
989and 120.54 to establish a schedule to stagger the implementation
990of the required rescreening over the 5-year period starting June
99130, 2010, through June 30, 2015. If upon rescreening, is not
992required by law to submit to rescreening if that licensee has in
993its possession written evidence that the person has been
994screened and qualified according to the standards specified in
995s. 435.03 or s. 435.04. However, if such person has a
996disqualifying offense that was not a disqualifying offense at
997the time of the last screening, but is now a disqualifying
998offense and was committed prior to the last screening listed in
999this section, he or she may apply for an exemption from the
1000appropriate licensing agency before September 30, 2009, and, if
1001agreed to by the employer, may continue to perform his or her
1002duties until the licensing agency renders a decision on the
1003application for exemption as long as the person is eligible to
1004apply for an exemption and the exemption request is received by
1005the agency within 30 days after receipt of the rescreening
1006results by the person for offenses listed in this section.
1007Exemptions from disqualification may be granted pursuant to s.
1008435.07.
1009     (5)(6)  The costs associated with obtaining the required
1010screening must be borne either by the licensee or the person
1011subject to screening. Licensees may reimburse persons for these
1012costs. The Department of Law Enforcement shall charge the agency
1013for screening pursuant to s. 943.053(3). The agency shall
1014establish a schedule of fees to cover the costs of screening The
1015attestations required under ss. 435.04(5) and 435.05(3) must be
1016submitted at the time of license renewal, notwithstanding the
1017provisions of ss. 435.04(5) and 435.05(3) which require annual
1018submission of an affidavit of compliance with background
1019screening requirements.
1020     (6)(a)  As provided in chapter 435, the agency may grant an
1021exemption from disqualification to a person who is subject to
1022this section and who:
1023     1.  Has not received a professional license or
1024certification from the Department of Health; or
1025     2.  Has received a professional license or certification
1026from the Department of Health but is not providing a service
1027within the scope of that license or certification.
1028     (b)  As provided in chapter 435, the appropriate regulatory
1029board within the Department of Health, or the department itself
1030when there is no board, may grant an exemption from
1031disqualification to a person who is subject to this section and
1032who has received a professional license or certification from
1033the Department of Health or a regulatory board within that
1034department and that person is providing a service within the
1035scope of his or her licensed or certified practice.
1036     (7)  The agency and the Department of Health may adopt
1037rules pursuant to ss. 120.536(1) and 120.54 to implement this
1038section, chapter 435, and authorizing statutes requiring
1039background screening and to implement and adopt criteria
1040relating to retaining fingerprints pursuant to s. 943.05(2).
1041     (8)  There is no unemployment compensation or other
1042monetary liability on the part of, and no cause of action for
1043damages arising against, an employer that, upon notice of a
1044disqualifying offense listed under chapter 435 or this section,
1045terminates the person against whom the report was issued,
1046whether or not that person has filed for an exemption with the
1047Department of Health or the agency.
1048     Section 22.  Subsection (3) of section 402.302, Florida
1049Statutes, is amended to read:
1050     402.302  Definitions.-
1051     (3)  "Child care personnel" means all owners, operators,
1052employees, and volunteers working in a child care facility. The
1053term does not include persons who work in a child care facility
1054after hours when children are not present or parents of children
1055in Head Start. For purposes of screening, the term includes any
1056member, over the age of 12 years, of a child care facility
1057operator's family, or person, over the age of 12 years, residing
1058with a child care facility operator if the child care facility
1059is located in or adjacent to the home of the operator or if the
1060family member of, or person residing with, the child care
1061facility operator has any direct contact with the children in
1062the facility during its hours of operation. Members of the
1063operator's family or persons residing with the operator who are
1064between the ages of 12 years and 18 years shall not be required
1065to be fingerprinted but shall be screened for delinquency
1066records. For purposes of screening, the term shall also include
1067persons who work in child care programs which provide care for
1068children 15 hours or more each week in public or nonpublic
1069schools, summer day camps, family day care homes, or those
1070programs otherwise exempted under s. 402.316. The term does not
1071include public or nonpublic school personnel who are providing
1072care during regular school hours, or after hours for activities
1073related to a school's program for grades kindergarten through
107412. A volunteer who assists on an intermittent basis for less
1075than 10 40 hours per month is not included in the term
1076"personnel" for the purposes of screening and training, provided
1077a person who meets the screening requirement of s. 402.305(2) is
1078always present and has the volunteer in his or her line of sight
1079that the volunteer is under direct and constant supervision by
1080persons who meet the personnel requirements of s. 402.305(2).
1081Students who observe and participate in a child care facility as
1082a part of their required coursework shall not be considered
1083child care personnel, provided such observation and
1084participation are on an intermittent basis and a person who
1085meets the screening requirement of s. 402.305(2) is always
1086present and has the student in his or her line of sight the
1087students are under direct and constant supervision of child care
1088personnel.
1089     Section 23.  Paragraphs (i) and (k) of subsection (2) of
1090section 409.175, Florida Statutes, are amended to read:
1091     409.175  Licensure of family foster homes, residential
1092child-caring agencies, and child-placing agencies; public
1093records exemption.-
1094     (2)  As used in this section, the term:
1095     (i)  "Personnel" means all owners, operators, employees,
1096and volunteers working in a child-placing agency, family foster
1097home, or residential child-caring agency who may be employed by
1098or do volunteer work for a person, corporation, or agency which
1099holds a license as a child-placing agency or a residential
1100child-caring agency, but the term does not include those who do
1101not work on the premises where child care is furnished and
1102either have no direct contact with a child or have no contact
1103with a child outside of the presence of the child's parent or
1104guardian. For purposes of screening, the term shall include any
1105member, over the age of 12 years, of the family of the owner or
1106operator or any person other than a client, over the age of 12
1107years, residing with the owner or operator if the agency or
1108family foster home is located in or adjacent to the home of the
1109owner or operator or if the family member of, or person residing
1110with, the owner or operator has any direct contact with the
1111children. Members of the family of the owner or operator, or
1112persons residing with the owner or operator, who are between the
1113ages of 12 years and 18 years shall not be required to be
1114fingerprinted, but shall be screened for delinquency records.
1115For purposes of screening, the term "personnel" shall also
1116include owners, operators, employees, and volunteers working in
1117summer day camps, or summer 24-hour camps providing care for
1118children. A volunteer who assists on an intermittent basis for
1119less than 10 40 hours per month shall not be included in the
1120term "personnel" for the purposes of screening, provided a
1121person who meets the screening requirement of this section is
1122always present and has the volunteer in his or her line of sight
1123that the volunteer is under direct and constant supervision by
1124persons who meet the personnel requirements of this section.
1125     (k)  "Screening" means the act of assessing the background
1126of personnel and includes, but is not limited to, employment
1127history checks as provided in chapter 435, using the level 2
1128standards for screening set forth in that chapter. Screening for
1129employees and volunteers in summer day camps and summer 24-hour
1130camps and screening for all volunteers included under the
1131definition of "personnel" shall be conducted as provided in
1132chapter 435, using the level 1 standards set forth in that
1133chapter.
1134     Section 24.  Section 409.1758, Florida Statutes, is
1135repealed.
1136     Section 25.  Paragraph (i) of subsection (4) of section
1137409.221, Florida Statutes, is amended to read:
1138     409.221  Consumer-directed care program.-
1139     (4)  CONSUMER-DIRECTED CARE.-
1140     (i)  Background screening requirements.-All persons who
1141render care under this section must undergo level 2 background
1142screening pursuant to chapter 435 shall comply with the
1143requirements of s. 435.05. Persons shall be excluded from
1144employment pursuant to s. 435.06.
1145     1.  Persons excluded from employment may request an
1146exemption from disqualification, as provided in s. 435.07.
1147Persons not subject to certification or professional licensure
1148may request an exemption from the agency. In considering a
1149request for an exemption, the agency shall comply with the
1150provisions of s. 435.07.
1151     2.  The agency shall, as allowable, reimburse consumer-
1152employed caregivers for the cost of conducting background
1153screening as required by this section.
1154
1155For purposes of this section, a person who has undergone
1156screening, who is qualified for employment under this section
1157and applicable rule, and who has not been unemployed for more
1158than 90 180 days following such screening is not required to be
1159rescreened. Such person must attest under penalty of perjury to
1160not having been convicted of a disqualifying offense since
1161completing such screening.
1162     Section 26.  Subsection (8) of section 409.907, Florida
1163Statutes, is amended to read:
1164     409.907  Medicaid provider agreements.-The agency may make
1165payments for medical assistance and related services rendered to
1166Medicaid recipients only to an individual or entity who has a
1167provider agreement in effect with the agency, who is performing
1168services or supplying goods in accordance with federal, state,
1169and local law, and who agrees that no person shall, on the
1170grounds of handicap, race, color, or national origin, or for any
1171other reason, be subjected to discrimination under any program
1172or activity for which the provider receives payment from the
1173agency.
1174     (8)(a)  Each provider, or each principal of the provider if
1175the provider is a corporation, partnership, association, or
1176other entity, seeking to participate in the Medicaid program
1177must submit a complete set of his or her fingerprints to the
1178agency for the purpose of conducting a criminal history records
1179record check. Principals of the provider include any officer,
1180director, billing agent, managing employee, or affiliated
1181person, or any partner or shareholder who has an ownership
1182interest equal to 5 percent or more in the provider. However, a
1183director of a not-for-profit corporation or organization is not
1184a principal for purposes of a background investigation as
1185required by this section if the director: serves solely in a
1186voluntary capacity for the corporation or organization, does not
1187regularly take part in the day-to-day operational decisions of
1188the corporation or organization, receives no remuneration from
1189the not-for-profit corporation or organization for his or her
1190service on the board of directors, has no financial interest in
1191the not-for-profit corporation or organization, and has no
1192family members with a financial interest in the not-for-profit
1193corporation or organization; and if the director submits an
1194affidavit, under penalty of perjury, to this effect to the
1195agency and the not-for-profit corporation or organization
1196submits an affidavit, under penalty of perjury, to this effect
1197to the agency as part of the corporation's or organization's
1198Medicaid provider agreement application. Notwithstanding the
1199above, the agency may require a background check for any person
1200reasonably suspected by the agency to have been convicted of a
1201crime. This subsection shall not apply to:
1202     1.  A hospital licensed under chapter 395;
1203     2.  A nursing home licensed under chapter 400;
1204     3.  A hospice licensed under chapter 400;
1205     4.  An assisted living facility licensed under chapter 429;
1206     5.  A unit of local government, except that requirements of
1207this subsection apply to nongovernmental providers and entities
1208when contracting with the local government to provide Medicaid
1209services. The actual cost of the state and national criminal
1210history records record checks must be borne by the
1211nongovernmental provider or entity; or
1212     6.  Any business that derives more than 50 percent of its
1213revenue from the sale of goods to the final consumer, and the
1214business or its controlling parent either is required to file a
1215form 10-K or other similar statement with the Securities and
1216Exchange Commission or has a net worth of $50 million or more.
1217     (b)  Background screening shall be conducted in accordance
1218with chapter 435 and s. 408.809 The agency shall submit the
1219fingerprints to the Department of Law Enforcement. The
1220department shall conduct a state criminal-background
1221investigation and forward the fingerprints to the Federal Bureau
1222of Investigation for a national criminal-history record check.
1223The cost of the state and national criminal history records
1224record check shall be borne by the provider.
1225     (c)  The agency may permit a provider to participate in the
1226Medicaid program pending the results of the criminal record
1227check. However, such permission is fully revocable if the record
1228check reveals any crime-related history as provided in
1229subsection (10).
1230     (d)  Proof of compliance with the requirements of level 2
1231screening under chapter 435 s. 435.04 conducted within 12 months
1232prior to the date that the Medicaid provider application is
1233submitted to the agency shall fulfill the requirements of this
1234subsection. Proof of compliance with the requirements of level 1
1235screening under s. 435.03 conducted within 12 months prior to
1236the date that the Medicaid provider application is submitted to
1237the agency shall meet the requirement that the Department of Law
1238Enforcement conduct a state criminal history record check.
1239     Section 27.  Subsection (1) of section 429.14, Florida
1240Statutes, is amended to read:
1241     429.14  Administrative penalties.-
1242     (1)  In addition to the requirements of part II of chapter
1243408, the agency may deny, revoke, and suspend any license issued
1244under this part and impose an administrative fine in the manner
1245provided in chapter 120 against a licensee of an assisted living
1246facility for a violation of any provision of this part, part II
1247of chapter 408, or applicable rules, or for any of the following
1248actions by a licensee of an assisted living facility, for the
1249actions of any person subject to level 2 background screening
1250under s. 408.809, or for the actions of any facility employee:
1251     (a)  An intentional or negligent act seriously affecting
1252the health, safety, or welfare of a resident of the facility.
1253     (b)  The determination by the agency that the owner lacks
1254the financial ability to provide continuing adequate care to
1255residents.
1256     (c)  Misappropriation or conversion of the property of a
1257resident of the facility.
1258     (d)  Failure to follow the criteria and procedures provided
1259under part I of chapter 394 relating to the transportation,
1260voluntary admission, and involuntary examination of a facility
1261resident.
1262     (e)  A citation of any of the following deficiencies as
1263specified in s. 429.19:
1264     1.  One or more cited class I deficiencies.
1265     2.  Three or more cited class II deficiencies.
1266     3.  Five or more cited class III deficiencies that have
1267been cited on a single survey and have not been corrected within
1268the times specified.
1269     (f)  Failure to comply with the A determination that a
1270person subject to level 2 background screening under s. 408.809
1271does not meet the screening standards of this part, s.
1272408.809(1), chapter 435 s. 435.04 or that the facility is
1273retaining an employee subject to level 1 background screening
1274standards under s. 429.174 who does not meet the screening
1275standards of s. 435.03 and for whom exemptions from
1276disqualification have not been provided by the agency.
1277     (g)  A determination that an employee, volunteer,
1278administrator, or owner, or person who otherwise has access to
1279the residents of a facility does not meet the criteria specified
1280in s. 435.03(2), and the owner or administrator has not taken
1281action to remove the person. Exemptions from disqualification
1282may be granted as set forth in s. 435.07. No administrative
1283action may be taken against the facility if the person is
1284granted an exemption.
1285     (h)  Violation of a moratorium.
1286     (h)(i)  Failure of the license applicant, the licensee
1287during relicensure, or a licensee that holds a provisional
1288license to meet the minimum license requirements of this part,
1289or related rules, at the time of license application or renewal.
1290     (i)(j)  An intentional or negligent life-threatening act in
1291violation of the uniform firesafety standards for assisted
1292living facilities or other firesafety standards that threatens
1293the health, safety, or welfare of a resident of a facility, as
1294communicated to the agency by the local authority having
1295jurisdiction or the State Fire Marshal.
1296     (j)(k)  Knowingly operating any unlicensed facility or
1297providing without a license any service that must be licensed
1298under this chapter or chapter 400.
1299     (k)(l)  Any act constituting a ground upon which
1300application for a license may be denied.
1301     Section 28.  Section 429.174, Florida Statutes, is amended
1302to read:
1303     429.174  Background screening; exemptions.-The agency shall
1304require level 2 background screening for personnel as required
1305in s. 408.809(1)(e) pursuant to chapter 435 and s. 408.809 The
1306owner or administrator of an assisted living facility must
1307conduct level 1 background screening, as set forth in chapter
1308435, on all employees hired on or after October 1, 1998, who
1309perform personal services as defined in s. 429.02(16). The
1310agency may exempt an individual from employment disqualification
1311as set forth in chapter 435. Such persons shall be considered as
1312having met this requirement if:
1313     (1)  Proof of compliance with level 1 screening
1314requirements obtained to meet any professional license
1315requirements in this state is provided and accompanied, under
1316penalty of perjury, by a copy of the person's current
1317professional license and an affidavit of current compliance with
1318the background screening requirements.
1319     (2)  The person required to be screened has been
1320continuously employed in the same type of occupation for which
1321the person is seeking employment without a breach in service
1322which exceeds 180 days, and proof of compliance with the level 1
1323screening requirement which is no more than 2 years old is
1324provided. Proof of compliance shall be provided directly from
1325one employer or contractor to another, and not from the person
1326screened. Upon request, a copy of screening results shall be
1327provided by the employer retaining documentation of the
1328screening to the person screened.
1329     (3)  The person required to be screened is employed by a
1330corporation or business entity or related corporation or
1331business entity that owns, operates, or manages more than one
1332facility or agency licensed under this chapter, and for whom a
1333level 1 screening was conducted by the corporation or business
1334entity as a condition of initial or continued employment.
1335     Section 29.  Subsection (4) of section 429.67, Florida
1336Statutes, is amended to read:
1337     429.67  Licensure.-
1338     (4)  Upon receipt of a completed license application or
1339license renewal, and the fee, The agency shall require level 2
1340initiate a level 1 background screening for personnel as
1341required in s. 408.809(1)(e), including as provided under
1342chapter 435 on the adult family-care home provider, the
1343designated relief person, and all adult household members,
1344pursuant to chapter 435 and s. 408.809, and all staff members.
1345     (a)  Proof of compliance with level 1 screening standards
1346which has been submitted within the previous 5 years to meet any
1347facility or professional licensure requirements of the agency or
1348the Department of Health satisfies the requirements of this
1349subsection. Such proof must be accompanied, under penalty of
1350perjury, by a copy of the person's current professional license
1351and an affidavit of current compliance with the background
1352screening requirements.
1353     (b)  The person required to be screened must have been
1354continuously employed in the same type of occupation for which
1355the person is seeking employment without a breach in service
1356that exceeds 180 days, and proof of compliance with the level 1
1357screening requirement which is no more than 2 years old must be
1358provided. Proof of compliance shall be provided directly from
1359one employer or contractor to another, and not from the person
1360screened. Upon request, a copy of screening results shall be
1361provided to the person screened by the employer retaining
1362documentation of the screening.
1363     Section 30.  Section 429.69, Florida Statutes, is amended
1364to read:
1365     429.69  Denial, revocation, and suspension of a license.-In
1366addition to the requirements of part II of chapter 408, the
1367agency may deny, suspend, and revoke a license for any of the
1368following reasons:
1369     (1)  Failure to comply with the of any of the persons
1370required to undergo background screening standards of this part,
1371s. 408.809(1), or chapter 435 under s. 429.67 to meet the level
13721 screening standards of s. 435.03, unless an exemption from
1373disqualification has been provided by the agency.
1374     (2)  Failure to correct cited fire code violations that
1375threaten the health, safety, or welfare of residents.
1376     Section 31.  Paragraph (c) of subsection (2) of section
1377429.911, Florida Statutes, is amended to read:
1378     429.911  Denial, suspension, revocation of license;
1379emergency action; administrative fines; investigations and
1380inspections.-
1381     (2)  Each of the following actions by the owner of an adult
1382day care center or by its operator or employee is a ground for
1383action by the agency against the owner of the center or its
1384operator or employee:
1385     (c)  A Failure to comply with the of persons subject to
1386level 2 background screening standards of this part, s.
1387408.809(1), or chapter 435 under s. 408.809 to meet the
1388screening standards of s. 435.04, or the retention by the center
1389of an employee subject to level 1 background screening standards
1390under s. 429.174 who does not meet the screening standards of s.
1391435.03 and for whom exemptions from disqualification have not
1392been provided by the agency.
1393     Section 32.  Section 429.919, Florida Statutes, is amended
1394to read:
1395     429.919  Background screening.-The agency shall require
1396level 2 background screening for personnel as required in s.
1397408.809(1)(e) pursuant to chapter 435 and s. 408.809 The owner
1398or administrator of an adult day care center must conduct level
13991 background screening as set forth in chapter 435 on all
1400employees hired on or after October 1, 1998, who provide basic
1401services or supportive and optional services to the
1402participants. Such persons satisfy this requirement if:
1403     (1)  Proof of compliance with level 1 screening
1404requirements obtained to meet any professional license
1405requirements in this state is provided and accompanied, under
1406penalty of perjury, by a copy of the person's current
1407professional license and an affidavit of current compliance with
1408the background screening requirements.
1409     (2)  The person required to be screened has been
1410continuously employed, without a breach in service that exceeds
1411180 days, in the same type of occupation for which the person is
1412seeking employment and provides proof of compliance with the
1413level 1 screening requirement which is no more than 2 years old.
1414Proof of compliance must be provided directly from one employer
1415or contractor to another, and not from the person screened. Upon
1416request, a copy of screening results shall be provided to the
1417person screened by the employer retaining documentation of the
1418screening.
1419     (3)  The person required to be screened is employed by a
1420corporation or business entity or related corporation or
1421business entity that owns, operates, or manages more than one
1422facility or agency licensed under chapter 400 or this chapter,
1423and for whom a level 1 screening was conducted by the
1424corporation or business entity as a condition of initial or
1425continued employment.
1426     Section 33.  Section 430.60, Florida Statutes, is created
1427to read:
1428     430.60  Screening of direct service providers.-
1429     (1)(a)  Level 2 background screening pursuant to chapter
1430435 is required for direct service providers. Background
1431screening shall include employment history checks as provided in
1432s. 435.03(1) and local criminal history records checks through
1433local law enforcement agencies.
1434     (b)  For purposes of this section, the term "direct service
1435provider" means a person 18 years of age or older who has
1436direct, face-to-face contact with a client while providing
1437services to the client and has access to the client's living
1438areas or to the client's funds or personal property. The term
1439includes coordinators, managers, and supervisors of residential
1440facilities and volunteers.
1441     (2)  Licensed physicians, nurses, or other professionals
1442licensed by the Department of Health are not subject to
1443background screening pursuant to this section if they are
1444providing a service that is within the scope of their licensed
1445practice.
1446     (3)  Refusal on the part of an employer to dismiss a
1447manager, supervisor, or direct service provider who has been
1448found to be in noncompliance with standards of this section
1449shall result in the automatic denial, termination, or revocation
1450of the license or certification, rate agreement, purchase order,
1451or contract, in addition to any other remedies authorized by
1452law.
1453     (4)  The background screening conducted pursuant to this
1454section must ensure that, in addition to the disqualifying
1455offenses listed in s. 435.04, no person subject to the
1456provisions of this section has an arrest awaiting final
1457disposition for, has been found guilty of, regardless of
1458adjudication, has entered a plea of nolo contendere or guilty
1459to, or has been adjudicated delinquent and the record has not
1460been sealed or expunged for, any offense prohibited under any of
1461the following provisions of the Florida Statutes or under any
1462similar statute of another jurisdiction:
1463     (a)  Any authorizing statutes, if the offense was a felony.
1464     (b)  Section 409.920, relating to Medicaid provider fraud.
1465     (c)  Section 409.9201, relating to Medicaid fraud.
1466     (d)  Section 817.034, relating to fraudulent acts through
1467mail, wire, radio, electromagnetic, photoelectronic, or
1468photooptical systems.
1469     (e)  Section 817.234, relating to false and fraudulent
1470insurance claims.
1471     (f)  Section 817.505, relating to patient brokering.
1472     (g)  Section 817.568, relating to criminal use of personal
1473identification information.
1474     (h)  Section 817.60, relating to obtaining a credit card
1475through fraudulent means.
1476     (i)  Section 817.61, relating to fraudulent use of credit
1477cards, if the offense was a felony.
1478     (j)  Section 831.01, relating to forgery.
1479     (k)  Section 831.02, relating to uttering forged
1480instruments.
1481     (l)  Section 831.07, relating to forging bank bills,
1482checks, drafts, or promissory notes.
1483     (m)  Section 831.09, relating to uttering forged bank
1484bills, checks, drafts, or promissory notes.
1485     Section 34.  Section 435.01, Florida Statutes, is amended
1486to read:
1487     435.01  Applicability of this chapter; statutory
1488references; rulemaking.-
1489     (1)(a)  Unless otherwise provided by law, whenever a
1490background screening for employment or a background security
1491check is required by law to be conducted pursuant to this
1492chapter for employment, unless otherwise provided by law, the
1493provisions of this chapter shall apply.
1494     (b)  Unless expressly provided otherwise, a reference in
1495any section of the Florida Statutes to chapter 435 or to any
1496section or sections or portion of a section of chapter 435
1497includes, and shall be understood as including, all subsequent
1498amendments to chapter 435 or to the referenced section or
1499sections or portions of a section. The purpose of this chapter
1500is to facilitate uniform background screening and, to this end,
1501a reference to this chapter, or to any section or subdivision
1502within this chapter, constitutes a general reference under the
1503doctrine of incorporation by reference.
1504     (2)  Agencies may adopt rules pursuant to ss. 120.536(1)
1505and 120.54 necessary to implement the provisions of this
1506chapter.
1507     Section 35.  Section 435.02, Florida Statutes, is amended
1508to read:
1509     435.02  Definitions.-For the purposes of this chapter, the
1510term:
1511     (1)(3)  "Licensing Agency" means any state, or county, or
1512municipal agency that which grants licenses or registration
1513permitting the operation of an employer or is itself an employer
1514or that otherwise facilitates the screening of employees
1515pursuant to this chapter. When there is no state licensing
1516agency or the municipal or county licensing agency chooses not
1517to conduct employment screening, "licensing agency" means the
1518Department of Children and Family Services.
1519     (2)(1)  "Employee" means any person required by law to be
1520screened pursuant to the provisions of this chapter.
1521     (3)(2)  "Employer" means any person or entity required by
1522law to conduct screening of employees pursuant to this chapter.
1523     (4)  "Employment" means any activity or service sought to
1524be performed by an employee that requires the employee to be
1525subject to screening pursuant to this chapter.
1526     (5)  "Vulnerable person" means a minor or a vulnerable
1527adult as defined in s. 415.102.
1528     Section 36.  Section 435.03, Florida Statutes, is amended
1529to read:
1530     435.03  Level 1 screening standards.-
1531     (1)  All employees required by law to be screened pursuant
1532to this section must shall be required to undergo background
1533screening as a condition of employment and continued employment
1534that includes. For the purposes of this subsection, level 1
1535screenings shall include, but need not be limited to, employment
1536history checks, and statewide criminal correspondence checks
1537through the Florida Department of Law Enforcement, a check of
1538the Dru Sjodin National Sex Offender Registry, and may include
1539local criminal history records checks through local law
1540enforcement agencies.
1541     (2)  Any person required by law to be screened pursuant to
1542this section must not have an arrest awaiting final disposition
1543for, for whom employment screening is required by statute must
1544not have been found guilty of, regardless of adjudication, or
1545entered a plea of nolo contendere or guilty to, or have been
1546adjudicated delinquent and the record has not been sealed or
1547expunged for, any offense prohibited under any provision of s.
1548435.04(2) of the following provisions of the Florida Statutes or
1549under any similar statute of another jurisdiction.:
1550     (a)  Section 393.135, relating to sexual misconduct with
1551certain developmentally disabled clients and reporting of such
1552sexual misconduct.
1553     (b)  Section 394.4593, relating to sexual misconduct with
1554certain mental health patients and reporting of such sexual
1555misconduct.
1556     (c)  Section 415.111, relating to abuse, neglect, or
1557exploitation of a vulnerable adult.
1558     (d)  Section 782.04, relating to murder.
1559     (e)  Section 782.07, relating to manslaughter, aggravated
1560manslaughter of an elderly person or disabled adult, or
1561aggravated manslaughter of a child.
1562     (f)  Section 782.071, relating to vehicular homicide.
1563     (g)  Section 782.09, relating to killing of an unborn quick
1564child by injury to the mother.
1565     (h)  Section 784.011, relating to assault, if the victim of
1566the offense was a minor.
1567     (i)  Section 784.021, relating to aggravated assault.
1568     (j)  Section 784.03, relating to battery, if the victim of
1569the offense was a minor.
1570     (k)  Section 784.045, relating to aggravated battery.
1571     (l)  Section 787.01, relating to kidnapping.
1572     (m)  Section 787.02, relating to false imprisonment.
1573     (n)  Section 794.011, relating to sexual battery.
1574     (o)  Former s. 794.041, relating to prohibited acts of
1575persons in familial or custodial authority.
1576     (p)  Chapter 796, relating to prostitution.
1577     (q)  Section 798.02, relating to lewd and lascivious
1578behavior.
1579     (r)  Chapter 800, relating to lewdness and indecent
1580exposure.
1581     (s)  Section 806.01, relating to arson.
1582     (t)  Chapter 812, relating to theft, robbery, and related
1583crimes, if the offense was a felony.
1584     (u)  Section 817.563, relating to fraudulent sale of
1585controlled substances, only if the offense was a felony.
1586     (v)  Section 825.102, relating to abuse, aggravated abuse,
1587or neglect of an elderly person or disabled adult.
1588     (w)  Section 825.1025, relating to lewd or lascivious
1589offenses committed upon or in the presence of an elderly person
1590or disabled adult.
1591     (x)  Section 825.103, relating to exploitation of an
1592elderly person or disabled adult, if the offense was a felony.
1593     (y)  Section 826.04, relating to incest.
1594     (z)  Section 827.03, relating to child abuse, aggravated
1595child abuse, or neglect of a child.
1596     (aa)  Section 827.04, relating to contributing to the
1597delinquency or dependency of a child.
1598     (bb)  Former s. 827.05, relating to negligent treatment of
1599children.
1600     (cc)  Section 827.071, relating to sexual performance by a
1601child.
1602     (dd)  Chapter 847, relating to obscene literature.
1603     (ee)  Chapter 893, relating to drug abuse prevention and
1604control, only if the offense was a felony or if any other person
1605involved in the offense was a minor.
1606     (ff)  Section 916.1075, relating to sexual misconduct with
1607certain forensic clients and reporting of such sexual
1608misconduct.
1609     (3)  The security background investigations under this
1610section must ensure that no person subject to the provisions of
1611this section has been found guilty of, regardless of
1612adjudication, or entered a plea of nolo contendere or guilty to,
1613any offense that constitutes domestic violence as defined in s.
1614741.28, whether such act was committed in this state or in
1615another jurisdiction. Standards must also ensure that the
1616person:
1617     (a)  For employees and employers licensed or registered
1618pursuant to chapter 400 or chapter 429, and for employees and
1619employers of developmental disabilities centers as defined in s.
1620393.063, intermediate care facilities for the developmentally
1621disabled as defined in s. 400.960, and mental health treatment
1622facilities as defined in s. 394.455, meets the requirements of
1623this chapter.
1624     (b)  Has not committed an act that constitutes domestic
1625violence as defined in s. 741.28.
1626     Section 37.  Section 435.04, Florida Statutes, is amended
1627to read:
1628     435.04  Level 2 screening standards.-
1629     (1)(a)  All employees required by law to be screened
1630pursuant to this section must in positions designated by law as
1631positions of trust or responsibility shall be required to
1632undergo security background investigations as a condition of
1633employment and continued employment that includes. For the
1634purposes of this subsection, security background investigations
1635shall include, but need not be limited to, fingerprinting for
1636statewide criminal history records all purposes and checks in
1637this subsection, statewide criminal and juvenile records checks
1638through the Florida Department of Law Enforcement, and national
1639federal criminal history records checks through the Federal
1640Bureau of Investigation, and may include local criminal history
1641records checks through local law enforcement agencies.
1642     (b)  Fingerprints submitted pursuant to this section on or
1643after July 1, 2012, must be submitted electronically to the
1644Department of Law Enforcement.
1645     (c)  An agency may contract with one or more vendors to
1646perform all or part of the electronic fingerprinting pursuant to
1647this section. Such contracts must ensure that the owners and
1648personnel of the vendor performing the electronic fingerprinting
1649are qualified and will ensure the integrity and security of all
1650personal information.
1651     (d)  An agency may require by rule adopted pursuant to
1652chapter 120 that fingerprints submitted pursuant to this section
1653must be submitted electronically to the Department of Law
1654Enforcement on a date earlier than July 1, 2012.
1655     (2)  The security background investigations under this
1656section must ensure that no persons subject to the provisions of
1657this section have been arrested for and are awaiting final
1658disposition of, have been found guilty of, regardless of
1659adjudication, or entered a plea of nolo contendere or guilty to,
1660or have been adjudicated delinquent and the record has not been
1661sealed or expunged for, any offense prohibited under any of the
1662following provisions of the Florida Statutes or under any
1663similar statute of another jurisdiction:
1664     (a)  Section 393.135, relating to sexual misconduct with
1665certain developmentally disabled clients and reporting of such
1666sexual misconduct.
1667     (b)  Section 394.4593, relating to sexual misconduct with
1668certain mental health patients and reporting of such sexual
1669misconduct.
1670     (c)  Section 415.111, relating to adult abuse, neglect, or
1671exploitation of aged persons or disabled adults.
1672     (d)  Section 782.04, relating to murder.
1673     (e)  Section 782.07, relating to manslaughter, aggravated
1674manslaughter of an elderly person or disabled adult, or
1675aggravated manslaughter of a child.
1676     (f)  Section 782.071, relating to vehicular homicide.
1677     (g)  Section 782.09, relating to killing of an unborn quick
1678child by injury to the mother.
1679     (h)  Chapter 784, relating to assault, battery, and
1680culpable negligence, if the offense was a felony.
1681     (i)(h)  Section 784.011, relating to assault, if the victim
1682of the offense was a minor.
1683     (i)  Section 784.021, relating to aggravated assault.
1684     (j)  Section 784.03, relating to battery, if the victim of
1685the offense was a minor.
1686     (k)  Section 784.045, relating to aggravated battery.
1687     (l)  Section 784.075, relating to battery on a detention or
1688commitment facility staff.
1689     (k)(m)  Section 787.01, relating to kidnapping.
1690     (l)(n)  Section 787.02, relating to false imprisonment.
1691     (m)  Section 787.025, relating to luring or enticing a
1692child.
1693     (n)(o)  Section 787.04(2), relating to taking, enticing, or
1694removing a child beyond the state limits with criminal intent
1695pending custody proceedings.
1696     (o)(p)  Section 787.04(3), relating to carrying a child
1697beyond the state lines with criminal intent to avoid producing a
1698child at a custody hearing or delivering the child to the
1699designated person.
1700     (p)(q)  Section 790.115(1), relating to exhibiting firearms
1701or weapons within 1,000 feet of a school.
1702     (q)(r)  Section 790.115(2)(b), relating to possessing an
1703electric weapon or device, destructive device, or other weapon
1704on school property.
1705     (r)(s)  Section 794.011, relating to sexual battery.
1706     (s)(t)  Former s. 794.041, relating to prohibited acts of
1707persons in familial or custodial authority.
1708     (t)  Section 794.05, relating to unlawful sexual activity
1709with certain minors.
1710     (u)  Chapter 796, relating to prostitution.
1711     (v)  Section 798.02, relating to lewd and lascivious
1712behavior.
1713     (w)  Chapter 800, relating to lewdness and indecent
1714exposure.
1715     (x)  Section 806.01, relating to arson.
1716     (y)  Section 810.02, relating to burglary.
1717     (z)  Section 810.14, relating to voyeurism, if the offense
1718is a felony.
1719     (aa)  Section 810.145, relating to video voyeurism, if the
1720offense is a felony.
1721     (bb)(y)  Chapter 812, relating to theft, robbery, and
1722related crimes, if the offense is a felony.
1723     (cc)(z)  Section 817.563, relating to fraudulent sale of
1724controlled substances, only if the offense was a felony.
1725     (dd)(aa)  Section 825.102, relating to abuse, aggravated
1726abuse, or neglect of an elderly person or disabled adult.
1727     (ee)(bb)  Section 825.1025, relating to lewd or lascivious
1728offenses committed upon or in the presence of an elderly person
1729or disabled adult.
1730     (ff)(cc)  Section 825.103, relating to exploitation of an
1731elderly person or disabled adult, if the offense was a felony.
1732     (gg)(dd)  Section 826.04, relating to incest.
1733     (hh)(ee)  Section 827.03, relating to child abuse,
1734aggravated child abuse, or neglect of a child.
1735     (ii)(ff)  Section 827.04, relating to contributing to the
1736delinquency or dependency of a child.
1737     (jj)(gg)  Former s. 827.05, relating to negligent treatment
1738of children.
1739     (kk)(hh)  Section 827.071, relating to sexual performance
1740by a child.
1741     (ll)(ii)  Section 843.01, relating to resisting arrest with
1742violence.
1743     (mm)(jj)  Section 843.025, relating to depriving a law
1744enforcement, correctional, or correctional probation officer
1745means of protection or communication.
1746     (nn)(kk)  Section 843.12, relating to aiding in an escape.
1747     (oo)(ll)  Section 843.13, relating to aiding in the escape
1748of juvenile inmates in correctional institutions.
1749     (pp)(mm)  Chapter 847, relating to obscene literature.
1750     (qq)(nn)  Section 874.05(1), relating to encouraging or
1751recruiting another to join a criminal gang.
1752     (rr)(oo)  Chapter 893, relating to drug abuse prevention
1753and control, only if the offense was a felony or if any other
1754person involved in the offense was a minor.
1755     (ss)(pp)  Section 916.1075, relating to sexual misconduct
1756with certain forensic clients and reporting of such sexual
1757misconduct.
1758     (tt)(qq)  Section 944.35(3), relating to inflicting cruel
1759or inhuman treatment on an inmate resulting in great bodily
1760harm.
1761     (uu)  Section 944.40, relating to escape.
1762     (vv)(rr)  Section 944.46, relating to harboring,
1763concealing, or aiding an escaped prisoner.
1764     (ww)(ss)  Section 944.47, relating to introduction of
1765contraband into a correctional facility.
1766     (xx)(tt)  Section 985.701, relating to sexual misconduct in
1767juvenile justice programs.
1768     (yy)(uu)  Section 985.711, relating to contraband
1769introduced into detention facilities.
1770     (3)  The security background investigations under this
1771section must ensure that no person subject to this section has
1772been found guilty of, regardless of adjudication, or entered a
1773plea of nolo contendere or guilty to, any offense that
1774constitutes domestic violence as defined in s. 741.28, whether
1775such act was committed in this state or in another jurisdiction.
1776The security background investigations conducted under this
1777section for employees of the Department of Juvenile Justice must
1778ensure that no persons subject to the provisions of this section
1779have been found guilty of, regardless of adjudication, or
1780entered a plea of nolo contendere or guilty to, any offense
1781prohibited under any of the following provisions of the Florida
1782Statutes or under any similar statute of another jurisdiction:
1783     (a)  Section 784.07, relating to assault or battery of law
1784enforcement officers, firefighters, emergency medical care
1785providers, public transit employees or agents, or other
1786specified officers.
1787     (b)  Section 810.02, relating to burglary, if the offense
1788is a felony.
1789     (c)  Section 944.40, relating to escape.
1790
1791The Department of Juvenile Justice may not remove a
1792disqualification from employment or grant an exemption to any
1793person who is disqualified under this section for any offense
1794disposed of during the most recent 7-year period.
1795     (4)  Standards must also ensure that the person:
1796     (a)  For employees or employers licensed or registered
1797pursuant to chapter 400 or chapter 429, does not have a
1798confirmed report of abuse, neglect, or exploitation as defined
1799in s. 415.102(6), which has been uncontested or upheld under s.
1800415.103.
1801     (b)  Has not committed an act that constitutes domestic
1802violence as defined in s. 741.30.
1803     (5)  Under penalty of perjury, all employees in such
1804positions of trust or responsibility shall attest to meeting the
1805requirements for qualifying for employment and agreeing to
1806inform the employer immediately if convicted of any of the
1807disqualifying offenses while employed by the employer. Each
1808employer of employees in such positions of trust or
1809responsibilities which is licensed or registered by a state
1810agency shall submit to the licensing agency annually or at the
1811time of license renewal, under penalty of perjury, an affidavit
1812of compliance with the provisions of this section.
1813     Section 38.  Section 435.05, Florida Statutes, is amended
1814to read:
1815     435.05  Requirements for covered employees and employers.-
1816Except as otherwise provided by law, the following requirements
1817shall apply to covered employees and employers:
1818     (1)(a)  Every person required by law to be screened
1819pursuant to the provisions of this chapter must employed in a
1820position for which employment screening is required must, within
18215 working days after starting to work, submit to the employer a
1822complete set of information necessary to conduct a screening
1823under this chapter section.
1824     (b)  For level 1 screening, the employer must submit the
1825information necessary for screening to the Florida Department of
1826Law Enforcement within 5 working days after receiving it. The
1827Florida Department of Law Enforcement will conduct a search of
1828its records and will respond to the employer or agency. The
1829employer will inform the employee whether screening has revealed
1830any disqualifying information.
1831     (c)  For level 2 screening, the employer or licensing
1832agency must submit the information necessary for screening to
1833the Florida Department of Law Enforcement within 5 working days
1834after receiving it. The Florida Department of Law Enforcement
1835will perform a criminal history records check of its conduct a
1836search of its criminal and juvenile records and will request
1837that the Federal Bureau of Investigation perform a national
1838criminal history records check conduct a search of its records
1839for each employee for whom the request is made. The Florida
1840Department of Law Enforcement will respond to the employer or
1841licensing agency, and the employer or licensing agency will
1842inform the employee whether screening has revealed disqualifying
1843information.
1844     (d)  The person whose background is being checked must
1845supply any missing criminal or other necessary information upon
1846request to the requesting employer or agency within 30 days
1847after receiving the employer makes a request for the information
1848or be subject to automatic disqualification.
1849     (2)  Every employee must attest, subject to penalty of
1850perjury, to meeting the requirements for qualifying for
1851employment pursuant to this chapter and agreeing to inform the
1852employer immediately if arrested for any of the disqualifying
1853offenses while employed by the employer Unless otherwise
1854prohibited by state or federal law, new employees may be placed
1855on probationary status pending a determination of compliance
1856with minimum standards set forth in this chapter.
1857     (3)  Each employer that is licensed or registered with an
1858agency and is required by law to conduct level 2 background
1859screening must submit to the agency sign an affidavit annually
1860or at the time of license renewal, under penalty of perjury, a
1861signed affidavit attesting to compliance with the provisions of
1862this chapter stating that all covered employees have been
1863screened or are newly hired and are awaiting the results of the
1864required screening checks.
1865     Section 39.  Section 435.06, Florida Statutes, is amended
1866to read:
1867     435.06  Exclusion from employment.-
1868     (1)  When an employer or licensing agency has reasonable
1869cause to believe that grounds exist for the denial or
1870termination of employment of any employee as a result of
1871background screening, it shall notify the employee in writing,
1872stating the specific record that which indicates noncompliance
1873with the standards in this chapter section. It shall be the
1874responsibility of the affected employee to contest his or her
1875disqualification or to request exemption from disqualification.
1876The only basis for contesting the disqualification shall be
1877proof of mistaken identity.
1878     (2)(a)  An employer may not hire, select, or otherwise
1879allow an employee to have contact with any vulnerable person
1880that would place the employee in a role that would require
1881background screening until such time as the screening process is
1882completed and demonstrates the absence of any grounds for the
1883denial or termination of employment. If the screening process
1884shows any grounds for the denial or termination of employment,
1885the employer may not hire, select, or otherwise allow the
1886employee to have contact with any vulnerable person that would
1887place the employee in a role that would require background
1888screening unless the employee is granted an exemption for the
1889disqualification by the agency as provided under s. 435.07.
1890     (b)  If at any time an employer becomes aware that an
1891employee has been arrested for a disqualifying offense, the
1892employer must remove the employee from contact with any
1893vulnerable person that would place the employee in a role that
1894would require background screening until such time as the arrest
1895is resolved in such a way that the employer determines that the
1896employee is still eligible for employment under this chapter.
1897     (c)  The employer must either terminate the employment of
1898any of its personnel found to be in noncompliance with the
1899minimum standards of this chapter for good moral character
1900contained in this section or place the employee in a position
1901for which background screening is not required unless the
1902employee is granted an exemption from disqualification pursuant
1903to s. 435.07.
1904     (3)  Any employee person who is required to undergo
1905employment screening and who refuses to cooperate in
1906screening or refuses to timely submit the information necessary
1907to complete the screening, including fingerprints when required,
1908must shall be disqualified for employment in such position or,
1909if employed, must shall be dismissed.
1910     (4)  There is no unemployment compensation or other
1911monetary liability on the part of, and no cause of action for
1912damages arising against, an employer that, upon notice of a
1913conviction or arrest for a disqualifying offense listed under
1914this chapter, terminates the person against whom the report was
1915issued or who was arrested, regardless of whether that person
1916has filed for an exemption pursuant to this chapter.
1917     Section 40.  Section 435.07, Florida Statutes, is amended
1918to read:
1919     435.07  Exemptions from disqualification.-Unless otherwise
1920provided by law, the provisions of this section shall apply to
1921exemptions from disqualification for disqualifying offenses
1922revealed pursuant to background screenings required by law to be
1923conducted pursuant to this chapter, regardless of whether those
1924disqualifying offenses are listed in this chapter or are in
1925other statutes.
1926     (1)  The head of the appropriate licensing agency may grant
1927to any employee otherwise disqualified from employment an
1928exemption from disqualification for:
1929     (a)  Felonies for which at least 3 years have elapsed since
1930the applicant for the exemption has completed or been lawfully
1931released from any confinement, supervision, or sanction for the
1932disqualifying felony committed more than 3 years prior to the
1933date of disqualification;
1934     (b)  Misdemeanors prohibited under any of the Florida
1935Statutes cited in this chapter or under similar statutes of
1936other jurisdictions for which the applicant for the exemption
1937has completed or been lawfully released from any confinement,
1938supervision, or sanction for the disqualifying misdemeanor;
1939     (c)  Offenses that were felonies when committed but are now
1940misdemeanors and for which the applicant for the exemption has
1941completed or been lawfully released from any confinement,
1942supervision, or sanction for the disqualifying offense; or
1943     (d)  Findings of delinquency. For offenses that would be
1944felonies if committed by an adult and the record has not been
1945sealed or expunged, then the exemption may not be granted until
1946at least 3 years have elapsed since the applicant for the
1947exemption has completed or been lawfully released from any
1948confinement, supervision, or sanction for the disqualifying
1949offense; or
1950     (e)  Commissions of acts of domestic violence as defined in
1951s. 741.30.
1952
1953For the purposes of this subsection, the term "felonies" means
1954both felonies prohibited under any of the Florida Statutes cited
1955in this chapter or under similar statutes of other
1956jurisdictions.
1957     (2)  Persons employed, or applicants for employment, by
1958treatment providers who treat adolescents 13 years of age and
1959older who are disqualified from employment solely because of
1960crimes under s. 817.563, s. 893.13, or s. 893.147 may be
1961exempted from disqualification from employment pursuant to this
1962chapter section without application of the 3-year waiting period
1963in paragraph (1)(a).
1964     (3)(a)  In order for the head of an agency a licensing
1965department to grant an exemption to any employee, the employee
1966must demonstrate by clear and convincing evidence that the
1967employee should not be disqualified from employment. Employees
1968seeking an exemption have the burden of setting forth clear and
1969convincing sufficient evidence of rehabilitation, including, but
1970not limited to, the circumstances surrounding the criminal
1971incident for which an exemption is sought, the time period that
1972has elapsed since the incident, the nature of the harm caused to
1973the victim, and the history of the employee since the incident,
1974or any other evidence or circumstances indicating that the
1975employee will not present a danger if employment or continued
1976employment is allowed.
1977     (b)  The agency may consider as part of its deliberations
1978of the employee's rehabilitation the fact that the employee has,
1979subsequent to the conviction for the disqualifying offense for
1980which the exemption is being sought, been arrested for or
1981convicted of another crime, even if that crime is not a
1982disqualifying offense.
1983     (c)  The decision of the head of an agency licensing
1984department regarding an exemption may be contested through the
1985hearing procedures set forth in chapter 120. The standard of
1986review by the administrative law judge is whether the agency's
1987intended action is an abuse of discretion.
1988     (4)(a)  Disqualification from employment under this chapter
1989subsection (1) may not be removed from, nor may an
1990granted to, any personnel who is found guilty of, regardless of
1991adjudication, or who has entered a plea of nolo contendere or
1992guilty to, any felony covered by s. 435.03 or s. 435.04 solely
1993by reason of any pardon, executive clemency, or restoration of
1994civil rights.
1995     (b)  Disqualification from employment under this chapter
1996may not be removed from, nor may an exemption be granted to, any
1997person who has been designated as a:
1998     1.  Sexual predator pursuant to s. 775.21;
1999     2.  Career offender pursuant to s. 775.261; or
2000     3.  Sexual offender pursuant to s. 943.0435, unless the
2001person has had the sexual offender designation removed pursuant
2002to s. 943.04354.
2003     (5)  Exemptions granted by one licensing agency shall be
2004considered by subsequent licensing agencies, but are not binding
2005on the subsequent licensing agency.
2006     Section 41.  Section 435.08, Florida Statutes, is amended
2007to read:
2008     435.08  Payment for processing of fingerprints and state
2009criminal history records checks.-Either the employer or the
2010employee is responsible for paying the costs of screening.
2011Payment shall be submitted to the Florida Department of Law
2012Enforcement with the request for screening. The appropriate
2013agency is responsible for collecting and paying any fee related
2014to fingerprints retained on its behalf to the Department of Law
2015Enforcement for costs resulting from the fingerprint information
2016retention services. The amount of the annual fee and procedures
2017for the submission and retention of fingerprint information and
2018for the dissemination of search results shall be established by
2019rule of the Department of Law Enforcement.
2020     Section 42.  Paragraph (d) of subsection (4) of section
2021456.039, Florida Statutes, is amended to read:
2022     456.039  Designated health care professionals; information
2023required for licensure.-
2024     (4)
2025     (d)  Any applicant for initial licensure or renewal of
2026licensure as a health care practitioner who submits to the
2027Department of Health a set of fingerprints or information
2028required for the criminal history check required under this
2029section shall not be required to provide a subsequent set of
2030fingerprints or other duplicate information required for a
2031criminal history check to the Agency for Health Care
2032Administration, the Department of Juvenile Justice, or the
2033Department of Children and Family Services for employment or
2034licensure with such agency or department if the applicant has
2035undergone a criminal history check as a condition of initial
2036licensure or licensure renewal as a health care practitioner
2037with the Department of Health or any of its regulatory boards,
2038notwithstanding any other provision of law to the contrary. In
2039lieu of such duplicate submission, the Agency for Health Care
2040Administration, the Department of Juvenile Justice, and the
2041Department of Children and Family Services shall obtain criminal
2042history information for employment or licensure of health care
2043practitioners by such agency and departments from the Department
2044of Health's health care practitioner credentialing system.
2045     Section 43.  Subsection (1) of section 464.203, Florida
2046Statutes, is amended to read:
2047     464.203  Certified nursing assistants; certification
2048requirement.-
2049     (1)  The board shall issue a certificate to practice as a
2050certified nursing assistant to any person who demonstrates a
2051minimum competency to read and write and successfully passes the
2052required background Level I or Level II screening pursuant to s.
2053400.215 and meets one of the following requirements:
2054     (a)  Has successfully completed an approved training
2055program and achieved a minimum score, established by rule of the
2056board, on the nursing assistant competency examination, which
2057consists of a written portion and skills-demonstration portion
2058approved by the board and administered at a site and by
2059personnel approved by the department.
2060     (b)  Has achieved a minimum score, established by rule of
2061the board, on the nursing assistant competency examination,
2062which consists of a written portion and skills-demonstration
2063portion, approved by the board and administered at a site and by
2064personnel approved by the department and:
2065     1.  Has a high school diploma, or its equivalent; or
2066     2.  Is at least 18 years of age.
2067     (c)  Is currently certified in another state; is listed on
2068that state's certified nursing assistant registry; and has not
2069been found to have committed abuse, neglect, or exploitation in
2070that state.
2071     (d)  Has completed the curriculum developed under the
2072Enterprise Florida Jobs and Education Partnership Grant and
2073achieved a minimum score, established by rule of the board, on
2074the nursing assistant competency examination, which consists of
2075a written portion and skills-demonstration portion, approved by
2076the board and administered at a site and by personnel approved
2077by the department.
2078     Section 44.  Subsection (9) of section 489.115, Florida
2079Statutes, is amended to read:
2080     489.115  Certification and registration; endorsement;
2081reciprocity; renewals; continuing education.-
2082     (9)  An initial applicant shall submit, along with the
2083application, a complete set of fingerprints to in a form and
2084manner required by the department. The fingerprints shall be
2085submitted to the Department of Law Enforcement for state
2086processing, and the Department of Law Enforcement shall forward
2087them to the Federal Bureau of Investigation for national
2088processing, to determine whether the applicant has a criminal
2089history record for the purpose of conducting a level 2
2090background check pursuant to s. 435.04. The department shall and
2091the board may review the background results to determine if an
2092applicant meets licensure requirements. The cost for the
2093fingerprint processing shall be borne by the person subject to
2094the background screening. These fees are to be collected by the
2095authorized agencies or vendors. The authorized agencies or
2096vendors are responsible for paying the processing costs to the
2097Department of Law Enforcement.
2098     Section 45.  Paragraphs (g) and (h) of subsection (2) of
2099section 943.05, Florida Statutes, are amended, and subsection
2100(4) is added to that section, to read:
2101     943.05  Criminal Justice Information Program; duties; crime
2102reports.-
2103     (2)  The program shall:
2104     (g)  Upon official written request, and subject to the
2105department having sufficient funds and equipment to participate
2106in such a request, from the agency executive director or
2107secretary, or from his or her designee, or from qualified
2108entities participating in the volunteer and employee criminal
2109history screening system under s. 943.0542, or as otherwise
2110required As authorized by law, retain fingerprints submitted by
2111criminal and noncriminal justice agencies to the department for
2112a criminal history background screening in a manner provided by
2113rule and enter the fingerprints in the statewide automated
2114fingerprint identification system authorized by paragraph (b).
2115Such fingerprints shall thereafter be available for all purposes
2116and uses authorized for arrest fingerprint submissions cards
2117entered into the statewide automated fingerprint identification
2118system pursuant to s. 943.051.
2119     (h)1.  For each agency or qualified entity that officially
2120requests retention of fingerprints or for which retention is
2121otherwise required As authorized by law, search all arrest
2122fingerprint submissions cards received under s. 943.051 against
2123the fingerprints retained in the statewide automated fingerprint
2124identification system under paragraph (g).
2125     1.  Any arrest record that is identified with the retained
2126fingerprints of a person subject to background screening as
2127provided in paragraph (g) shall be reported to the appropriate
2128agency or qualified entity.
2129     2.  To Agencies may participate in this search process,
2130agencies or qualified entities must notify each person
2131fingerprinted that his or her fingerprints will be retained, pay
2132by payment of an annual fee to the department, and inform by
2133informing the department of any change in the affiliation,
2134employment, or contractual status or place of affiliation,
2135employment, or contracting of each person the persons whose
2136fingerprints are retained under paragraph (g) when such change
2137removes or eliminates the agency or qualified entity's basis or
2138need for receiving reports of any arrest of that person, so that
2139the agency or qualified entity will not be obligated to pay the
2140upcoming annual fee for the retention and searching of that
2141person's fingerprints to the department. The department shall
2142adopt a rule setting the amount of the annual fee to be imposed
2143upon each participating agency or qualified entity for
2144performing these searches and establishing the procedures for
2145the retention of fingerprints and the dissemination of search
2146results. The fee may be borne by the agency, qualified entity,
2147or person subject to fingerprint retention or as otherwise
2148provided by law. Fees may be waived or reduced by the executive
2149director for good cause shown. Consistent with the recognition
2150of criminal justice agencies expressed in s. 943.053(3), these
2151services will be provided to criminal justice agencies for
2152criminal justice purposes free of charge.
2153     3.  Agencies that participate in the fingerprint retention
2154and search process may adopt rules pursuant to ss. 120.536(1)
2155and 120.54 to require employers to keep the agency informed of
2156any change in the affiliation, employment, or contractual status
2157of each person whose fingerprints are retained under paragraph
2158(g) when such change removes or eliminates the agency's basis or
2159need for receiving reports of any arrest of that person, so that
2160the agency will not be obligated to pay the upcoming annual fee
2161for the retention and searching of that person's fingerprints to
2162the department.
2163     (4)  Upon notification that a federal fingerprint retention
2164program is in effect, and subject to the department being funded
2165and equipped to participate in such a program, the department
2166shall, when state and national criminal history records checks
2167and retention of submitted prints are authorized or required by
2168law, retain the fingerprints as provided in paragraphs (2)(g)
2169and (h) and advise the Federal Bureau of Investigation to retain
2170the fingerprints at the national level for searching against
2171arrest fingerprint submissions received at the national level.
2172     Section 46.  Subsections (6) and (11) of section 943.053,
2173Florida Statutes, are amended to read:
2174     943.053  Dissemination of criminal justice information;
2175fees.-
2176     (6)  Notwithstanding any other provision of law, the
2177department shall provide to the Florida Department of Revenue
2178Child Support Enforcement access to Florida criminal history
2179records which are not exempt from disclosure under chapter 119,
2180and to such information as may be lawfully available from other
2181states via the National Law Enforcement Telecommunications
2182System, for the purpose of locating subjects who owe or
2183potentially owe support, as defined in s. 409.2554, or to whom
2184such obligation is owed pursuant to Title IV-D of the Social
2185Security Act. Such information may be provided to child support
2186enforcement authorities in other states for these specific
2187purposes.
2188     (11)  A criminal justice agency that is authorized under
2189federal rules or law to conduct a criminal history background
2190check on an agency employee who is not certified by the Criminal
2191Justice Standards and Training Commission under s. 943.12 may
2192submit to the department the fingerprints of the noncertified
2193employee to obtain state and national criminal history
2194information. Effective January 15, 2007, The fingerprints
2195submitted shall be retained and entered in the statewide
2196automated fingerprint identification system authorized by s.
2197943.05 and shall be available for all purposes and uses
2198authorized for arrest fingerprint submissions cards entered in
2199the statewide automated fingerprint identification system
2200pursuant to s. 943.051. The department shall search all arrest
2201fingerprint submissions cards received pursuant to s. 943.051
2202against the fingerprints retained in the statewide automated
2203fingerprint identification system pursuant to this section. In
2204addition to all purposes and uses authorized for arrest
2205fingerprint submissions cards for which submitted fingerprints
2206may be used, any arrest record that is identified with the
2207retained employee fingerprints must be reported to the
2208submitting employing agency.
2209     Section 47.  Paragraph (a) of subsection (2) of section
2210984.01, Florida Statutes, is amended to read:
2211     984.01  Purposes and intent; personnel standards and
2212screening.-
2213     (2)  The Department of Juvenile Justice or the Department
2214of Children and Family Services, as appropriate, may contract
2215with the Federal Government, other state departments and
2216agencies, county and municipal governments and agencies, public
2217and private agencies, and private individuals and corporations
2218in carrying out the purposes of, and the responsibilities
2219established in, this chapter.
2220     (a)  When the Department of Juvenile Justice or the
2221Department of Children and Family Services contracts with a
2222provider for any program for children, all personnel, including
2223owners, operators, employees, and volunteers, in the facility
2224must be of good moral character. Each contract entered into by
2225either department for services delivered on an appointment or
2226intermittent basis by a provider that does not have regular
2227custodial responsibility for children and each contract with a
2228school for before or aftercare services must ensure that the
2229owners, operators, and all personnel who have direct contact
2230with children are of good moral character. A volunteer who
2231assists on an intermittent basis for less than 10 40 hours per
2232month need not be screened, provided a person who meets the
2233screening requirement of this section is always present and has
2234the volunteer in his or her line of sight if the volunteer is
2235under direct and constant supervision by persons who meet the
2236screening requirements.
2237     Section 48.  Section 985.644, Florida Statutes, is amended
2238to read:
2239     985.644  Departmental contracting powers; personnel
2240standards and screening.-
2241     (1)  The department of Juvenile Justice or the Department
2242of Children and Family Services, as appropriate, may contract
2243with the Federal Government, other state departments and
2244agencies, county and municipal governments and agencies, public
2245and private agencies, and private individuals and corporations
2246in carrying out the purposes of, and the responsibilities
2247established in, this chapter.
2248     (a)  When the Department of Juvenile Justice or the
2249Department of Children and Family Services contracts with a
2250provider for any program for children, all personnel, including
2251owners, operators, employees, and volunteers, in the facility
2252must be of good moral character. Each contract entered into by
2253the either department for services delivered on an appointment
2254or intermittent basis by a provider that does not have regular
2255custodial responsibility for children and each contract with a
2256school for before or aftercare services must ensure that the all
2257owners, operators, and all personnel who have direct contact
2258with children are subject to level 2 background screening
2259pursuant to chapter 435 of good moral character.
2260     (b)  A volunteer who assists the department or any program
2261for children on an intermittent basis for less than 10 40 hours
2262per month need not be screened, provided a person who meets the
2263screening requirement of this section is always present and has
2264the volunteer in his or her line of sight if the volunteer is
2265under direct and constant supervision by persons who meet the
2266screening requirements.
2267
2268     (b)  The Department of Juvenile Justice and the Department
2269of Children and Family Services shall require employment
2270screening pursuant to chapter 435, using the level 2 standards
2271set forth in that chapter for personnel in programs for children
2272or youths.
2273     (c)  The Department of Juvenile Justice or the Department
2274of Children and Family Services may grant exemptions from
2275disqualification from working with children as provided in s.
2276435.07.
2277     (2)  The department may contract with the Federal
2278Government, other state departments and agencies, county and
2279municipal governments and agencies, public and private agencies,
2280and private individuals and corporations in carrying out the
2281purposes and the responsibilities of the delinquency services
2282and programs of the department.
2283     (3)  The department shall adopt a rule pursuant to chapter
2284120 establishing a procedure to provide notice of policy changes
2285that affect contracted delinquency services and programs. A
2286policy is defined as an operational requirement that applies to
2287only the specified contracted delinquency service or program.
2288The procedure shall include:
2289     (a)  Public notice of policy development.
2290     (b)  Opportunity for public comment on the proposed policy.
2291     (c)  Assessment for fiscal impact upon the department and
2292providers.
2293     (d)  The department's response to comments received.
2294     (4)  When the department contracts with a provider for any
2295delinquency service or program, all personnel, including all
2296owners, operators, employees, and volunteers in the facility or
2297providing the service or program shall be of good moral
2298character. A volunteer who assists on an intermittent basis for
2299less than 40 hours per month is not required to be screened if
2300the volunteer is under direct and constant supervision by
2301persons who meet the screening requirements.
2302     (3)(5)(a)  All employees of the department and all
2303personnel of contract providers for any program for children,
2304including all owners, operators, employees, persons who have
2305access to confidential juvenile records, and volunteers, must
2306complete For any person employed by the department, or by a
2307provider under contract with the department, in delinquency
2308facilities, services, or programs, the department shall require:
2309     1.  A level 2 employment screening pursuant to chapter 435
2310prior to employment. The security background investigations
2311conducted under this section must ensure that, in addition to
2312the disqualifying offenses listed in s. 435.04, no person
2313subject to the background screening provisions of this section
2314has an arrest awaiting final disposition for, been found guilty
2315of, regardless of adjudication, or entered a plea of nolo
2316contendere or guilty to, or has been adjudicated delinquent and
2317the record has not been sealed or expunged for, any offense
2318prohibited under any of the following provisions of the Florida
2319Statutes or under any similar statute of another jurisdiction:
2320     a.  Section 784.07, relating to assault or battery of law
2321enforcement officers, firefighters, emergency medical care
2322providers, public transit employees or agents, or other
2323specified officers.
2324     b.  Section 817.568, relating to criminal use of personal
2325identification information.
2326     2.  A national federal criminal history records check by
2327the Federal Bureau of Investigation every 5 years following the
2328date of the person's employment.
2329     (b)  Except for law enforcement, correctional, and
2330correctional probation officers, to whom s. 943.13(5) applies,
2331the department shall electronically submit to the Department of
2332Law Enforcement:
2333     1.  Fingerprint information obtained during the employment
2334screening required by subparagraph (a)1.
2335     2.  Beginning on December 15, 2005, Fingerprint information
2336for all persons employed by the department, or by a provider
2337under contract with the department, in delinquency facilities,
2338services, or programs if such fingerprint information has not
2339previously been electronically submitted to the Department of
2340Law Enforcement under this paragraph.
2341     (c)  All fingerprint information electronically submitted
2342to the Department of Law Enforcement under paragraph (b) shall
2343be retained by the Department of Law Enforcement and entered
2344into the statewide automated fingerprint identification system
2345authorized by s. 943.05(2)(b). Thereafter, such fingerprint
2346information shall be available for all purposes and uses
2347authorized for arrest fingerprint information entered into the
2348statewide automated fingerprint identification system pursuant
2349to s. 943.051 until the fingerprint information is removed
2350pursuant to paragraph (e). The Department of Law Enforcement
2351shall search all arrest fingerprint information received
2352pursuant to s. 943.051 against the fingerprint information
2353entered into the statewide automated fingerprint system pursuant
2354to this subsection. Any arrest records identified as a result of
2355the search shall be reported to the department in the manner and
2356timeframe established by the Department of Law Enforcement by
2357rule.
2358     (d)  The department shall pay an annual fee to the
2359Department of Law Enforcement for its costs resulting from the
2360fingerprint information retention services required by this
2361subsection. The amount of the annual fee and procedures for the
2362submission and retention of fingerprint information and for the
2363dissemination of search results shall be established by the
2364Department of Law Enforcement by a rule that is applicable to
2365the department individually pursuant to this subsection or that
2366is applicable to the department and other employing agencies
2367pursuant to rulemaking authority otherwise provided by law.
2368     (e)  The department shall notify the Department of Law
2369Enforcement when a person whose fingerprint information is
2370retained by the Department of Law Enforcement under this
2371subsection is no longer employed by the department, or by a
2372provider under contract with the department, in a delinquency
2373facility, service, or program. This notice shall be provided by
2374the department to the Department of Law Enforcement no later
2375than 6 months after the date of the change in the person's
2376employment status. Fingerprint information for persons
2377identified by the department in the notice shall be removed from
2378the statewide automated fingerprint system.
2379     (6)  The department may grant exemptions from
2380disqualification from working with children as provided in s.
2381435.07.
2382     (7)  The department may adopt rules pursuant to ss.
2383120.536(1) and 120.54 to describe the procedure and requirements
2384necessary to implement the employment screening and fingerprint
2385retention services for all employees of the department and all
2386personnel of contract providers for any program for children,
2387including all owners, operators, employees, and volunteers,
2388including the collection of associated fees.
2389     Section 49.  Paragraph (a) of subsection (1) of section
2390381.60225, Florida Statutes, is amended to read:
2391     381.60225  Background screening.-
2392     (1)  Each applicant for certification must comply with the
2393following requirements:
2394     (a)  Upon receipt of a completed, signed, and dated
2395application, the Agency for Health Care Administration shall
2396require background screening, in accordance with the level 2
2397standards for screening set forth in chapter 435, of the
2398managing employee, or other similarly titled individual
2399responsible for the daily operation of the organization, agency,
2400or entity, and financial officer, or other similarly titled
2401individual who is responsible for the financial operation of the
2402organization, agency, or entity, including billings for
2403services. The applicant must comply with the procedures for
2404level 2 background screening as set forth in chapter 435, as
2405well as the requirements of s. 435.03(3).
2406     Section 50.  Subsection (32) of section 409.912, Florida
2407Statutes, is amended to read:
2408     409.912  Cost-effective purchasing of health care.-The
2409agency shall purchase goods and services for Medicaid recipients
2410in the most cost-effective manner consistent with the delivery
2411of quality medical care. To ensure that medical services are
2412effectively utilized, the agency may, in any case, require a
2413confirmation or second physician's opinion of the correct
2414diagnosis for purposes of authorizing future services under the
2415Medicaid program. This section does not restrict access to
2416emergency services or poststabilization care services as defined
2417in 42 C.F.R. part 438.114. Such confirmation or second opinion
2418shall be rendered in a manner approved by the agency. The agency
2419shall maximize the use of prepaid per capita and prepaid
2420aggregate fixed-sum basis services when appropriate and other
2421alternative service delivery and reimbursement methodologies,
2422including competitive bidding pursuant to s. 287.057, designed
2423to facilitate the cost-effective purchase of a case-managed
2424continuum of care. The agency shall also require providers to
2425minimize the exposure of recipients to the need for acute
2426inpatient, custodial, and other institutional care and the
2427inappropriate or unnecessary use of high-cost services. The
2428agency shall contract with a vendor to monitor and evaluate the
2429clinical practice patterns of providers in order to identify
2430trends that are outside the normal practice patterns of a
2431provider's professional peers or the national guidelines of a
2432provider's professional association. The vendor must be able to
2433provide information and counseling to a provider whose practice
2434patterns are outside the norms, in consultation with the agency,
2435to improve patient care and reduce inappropriate utilization.
2436The agency may mandate prior authorization, drug therapy
2437management, or disease management participation for certain
2438populations of Medicaid beneficiaries, certain drug classes, or
2439particular drugs to prevent fraud, abuse, overuse, and possible
2440dangerous drug interactions. The Pharmaceutical and Therapeutics
2441Committee shall make recommendations to the agency on drugs for
2442which prior authorization is required. The agency shall inform
2443the Pharmaceutical and Therapeutics Committee of its decisions
2444regarding drugs subject to prior authorization. The agency is
2445authorized to limit the entities it contracts with or enrolls as
2446Medicaid providers by developing a provider network through
2447provider credentialing. The agency may competitively bid single-
2448source-provider contracts if procurement of goods or services
2449results in demonstrated cost savings to the state without
2450limiting access to care. The agency may limit its network based
2451on the assessment of beneficiary access to care, provider
2452availability, provider quality standards, time and distance
2453standards for access to care, the cultural competence of the
2454provider network, demographic characteristics of Medicaid
2455beneficiaries, practice and provider-to-beneficiary standards,
2456appointment wait times, beneficiary use of services, provider
2457turnover, provider profiling, provider licensure history,
2458previous program integrity investigations and findings, peer
2459review, provider Medicaid policy and billing compliance records,
2460clinical and medical record audits, and other factors. Providers
2461shall not be entitled to enrollment in the Medicaid provider
2462network. The agency shall determine instances in which allowing
2463Medicaid beneficiaries to purchase durable medical equipment and
2464other goods is less expensive to the Medicaid program than long-
2465term rental of the equipment or goods. The agency may establish
2466rules to facilitate purchases in lieu of long-term rentals in
2467order to protect against fraud and abuse in the Medicaid program
2468as defined in s. 409.913. The agency may seek federal waivers
2469necessary to administer these policies.
2470     (32)  Each managed care plan that is under contract with
2471the agency to provide health care services to Medicaid
2472recipients shall annually conduct a background check with the
2473Florida Department of Law Enforcement of all persons with
2474ownership interest of 5 percent or more or executive management
2475responsibility for the managed care plan and shall submit to the
2476agency information concerning any such person who has been found
2477guilty of, regardless of adjudication, or has entered a plea of
2478nolo contendere or guilty to, any of the offenses listed in s.
2479435.04 435.03.
2480     Section 51.  Paragraph (e) of subsection (1) of section
2481464.018, Florida Statutes, is amended to read:
2482     464.018  Disciplinary actions.-
2483     (1)  The following acts constitute grounds for denial of a
2484license or disciplinary action, as specified in s. 456.072(2):
2485     (e)  Having been found guilty of, regardless of
2486adjudication, or entered a plea of nolo contendere or guilty to,
2487any offense prohibited under s. 435.04 435.03 or under any
2488similar statute of another jurisdiction; or having committed an
2489act which constitutes domestic violence as defined in s. 741.28.
2490     Section 52.  Paragraph (m) of subsection (1) of section
2491468.3101, Florida Statutes, is amended to read:
2492     468.3101  Disciplinary grounds and actions.-
2493     (1)  The department may make or require to be made any
2494investigations, inspections, evaluations, and tests, and require
2495the submission of any documents and statements, which it
2496considers necessary to determine whether a violation of this
2497part has occurred. The following acts shall be grounds for
2498disciplinary action as set forth in this section:
2499     (m)  Having been found guilty of, regardless of
2500adjudication, or pleading guilty or nolo contendere to, any
2501offense prohibited under s. 435.04 435.03 or under any similar
2502statute of another jurisdiction.
2503     Section 53.  Subsection (3) of section 744.309, Florida
2504Statutes, is amended to read:
2505     744.309  Who may be appointed guardian of a resident ward.-
2506     (3)  DISQUALIFIED PERSONS.-No person who has been convicted
2507of a felony or who, from any incapacity or illness, is incapable
2508of discharging the duties of a guardian, or who is otherwise
2509unsuitable to perform the duties of a guardian, shall be
2510appointed to act as guardian. Further, no person who has been
2511judicially determined to have committed abuse, abandonment, or
2512neglect against a child as defined in s. 39.01 or s. 984.03(1),
2513(2), and (37), or who has been found guilty of, regardless of
2514adjudication, or entered a plea of nolo contendere or guilty to,
2515any offense prohibited under s. 435.04 435.03 or under any
2516similar statute of another jurisdiction, shall be appointed to
2517act as a guardian. Except as provided in subsection (5) or
2518subsection (6), a person who provides substantial services to
2519the proposed ward in a professional or business capacity, or a
2520creditor of the proposed ward, may not be appointed guardian and
2521retain that previous professional or business relationship. A
2522person may not be appointed a guardian if he or she is in the
2523employ of any person, agency, government, or corporation that
2524provides service to the proposed ward in a professional or
2525business capacity, except that a person so employed may be
2526appointed if he or she is the spouse, adult child, parent, or
2527sibling of the proposed ward or the court determines that the
2528potential conflict of interest is insubstantial and that the
2529appointment would clearly be in the proposed ward's best
2530interest. The court may not appoint a guardian in any other
2531circumstance in which a conflict of interest may occur.
2532     Section 54.  Subsection (12) of section 744.474, Florida
2533Statutes, is amended to read:
2534     744.474  Reasons for removal of guardian.-A guardian may be
2535removed for any of the following reasons, and the removal shall
2536be in addition to any other penalties prescribed by law:
2537     (12)  Having been found guilty of, regardless of
2538adjudication, or entered a plea of nolo contendere or guilty to,
2539any offense prohibited under s. 435.04 435.03 or under any
2540similar statute of another jurisdiction.
2541     Section 55.  Paragraph (a) of subsection (6) of section
2542985.04, Florida Statutes, is amended to read:
2543     985.04  Oaths; records; confidential information.-
2544     (6)(a)  Records maintained by the department, including
2545copies of records maintained by the court, which pertain to a
2546child found to have committed a delinquent act which, if
2547committed by an adult, would be a crime specified in s. ss.
2548435.03 and 435.04 may not be destroyed under this section for a
2549period of 25 years after the youth's final referral to the
2550department, except in cases of the death of the child. Such
2551records, however, shall be sealed by the court for use only in
2552meeting the screening requirements for personnel in s. 402.3055
2553and the other sections cited above, or under departmental rule;
2554however, current criminal history information must be obtained
2555from the Department of Law Enforcement in accordance with s.
2556943.053. The information shall be released to those persons
2557specified in the above cited sections for the purposes of
2558complying with those sections. The court may punish by contempt
2559any person who releases or uses the records for any unauthorized
2560purpose.
2561     Section 56.  The changes made by this act are intended to
2562be prospective in nature. It is not intended that persons who
2563are employed or licensed on the effective date of this act be
2564rescreened until such time as they are otherwise required to be
2565rescreened pursuant to law, at which time they must meet the
2566requirements for screening as set forth in this act.
2567     Section 57.  This act shall take effect August 1, 2010.


CODING: Words stricken are deletions; words underlined are additions.

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