August 19, 2019
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CS/HB 7069

1
A bill to be entitled
2An act relating to screening; amending s. 39.001, F.S.;
3revising an exemption from screening requirements for
4volunteers who assist providers under contract with the
5Department of Children and Family Services; amending s.
639.821, F.S.; revising background screening requirements
7for the Guardian Ad Litem Program; amending s. 215.5586,
8F.S.; removing reference to ch. 435, F.S., for background
9screening of hurricane mitigation inspectors; amending s.
10393.0655, F.S.; revising an exemption from screening
11requirements for volunteers; removing a temporary
12exemption from screening requirements for direct service
13providers awaiting completion of a background screening;
14adding additional disqualifying offenses for the screening
15of direct service providers for persons with developmental
16disabilities; amending s. 394.4572, F.S.; revising
17background screening requirements for mental health
18personnel; amending s. 400.215, F.S.; revising background
19screening requirements for nursing home personnel;
20amending s. 400.506, F.S.; conforming provisions to
21changes made by the act; amending s. 400.512, F.S.;
22revising background screening requirements for home health
23agency personnel, nurse registry personnel, and companions
24and homemakers; amending s. 400.6065, F.S.; revising
25background screening requirements for hospice personnel;
26amending s. 400.801, F.S.; revising background screening
27requirements for personnel at homes for special services;
28amending s. 400.805, F.S.; revising background screening
29requirements for transitional living facility personnel;
30creating s. 400.9065, F.S.; providing background screening
31requirements for prescribed pediatric extended care center
32personnel; amending s. 400.934, F.S.; revising minimum
33standards for home medical equipment providers; amending
34s. 400.953, F.S.; revising background screening
35requirements for home medical equipment provider
36personnel; repealing s. 400.955, F.S., relating to the
37procedures for screening of home medical equipment
38provider personnel; amending s. 400.964, F.S.; revising
39background screening requirements for personnel at
40intermediate care facilities for developmentally disabled
41persons; amending s. 400.980, F.S.; revising background
42screening requirements for personnel at health care
43services pools; amending s. 400.991, F.S.; revising
44background screening requirements for applicants and
45personnel at health care clinics; amending s. 408.806,
46F.S.; adding a requirement for an affidavit relating to
47background screening to the license application process
48under the Agency for Health Care Administration; amending
49s. 408.808, F.S.; conforming provisions to changes made by
50the act; amending s. 408.809, F.S.; revising background
51screening requirements under the Agency for Health Care
52Administration; requiring electronic submission of
53fingerprints; amending s. 402.302, F.S.; revising
54exemptions from screening requirements for volunteers and
55students; amending s. 409.175, F.S.; revising an exemption
56from screening requirements for volunteers; revising
57background screening requirements for employees and
58volunteers in summer day camps and summer 24-hour camps;
59requiring periodic drug testing for licensed foster
60parents; requiring payment by the foster parent; amending
61s. 409.221, F.S.; revising background screening
62requirements for persons who render consumer-directed
63care; amending s. 409.907, F.S.; revising background
64screening requirements for Medicaid providers; amending s.
65409.912, F.S.; requiring Medicaid providers to obtain a
66level 2 background screening for each provider employee in
67direct contact with or providing direct services to
68Medicaid recipients; amending s. 411.01, F.S.; requiring
69school districts to make a list of eligible substitute
70teachers available to early learning coalitions; amending
71s. 429.14, F.S.; revising administrative penalty
72provisions relating to assisted living facilities;
73amending s. 429.174, F.S.; revising background screening
74requirements for assisted living facility personnel;
75amending s. 429.67, F.S.; revising licensure requirements
76for adult family-care home personnel and household
77members; amending s. 429.69, F.S.; revising background
78screening requirements for adult family-care home
79personnel; amending s. 429.911, F.S.; revising
80administrative penalty provisions relating to adult day
81care centers; amending s. 429.919, F.S.; revising
82background screening requirements for adult day care
83center personnel; creating s. 430.0402, F.S.; providing
84background screening requirements for direct service
85providers under the Department of Elderly Affairs;
86amending s. 435.01, F.S.; revising provisions related to
87the applicability of ch. 435, F.S., statutory references
88to the chapter, and rulemaking; providing construction
89with respect to the doctrine of incorporation by
90reference; amending s. 435.02, F.S.; revising and adding
91definitions; amending s. 435.03, F.S.; revising level 1
92screening standards; adding disqualifying offenses;
93amending s. 435.04, F.S.; revising level 2 screening
94standards; requiring electronic submission of fingerprints
95after a certain date; authorizing agencies to contract for
96electronic fingerprinting; adding disqualifying offenses;
97amending s. 435.05, F.S.; revising background check
98requirements for covered employees and employers; amending
99s. 435.06, F.S.; revising provisions relating to exclusion
100from employment; providing that an employer may not hire,
101select, or otherwise allow an employee contact with any
102vulnerable person until the screening process is
103completed; requiring removal of an employee arrested for
104disqualifying offenses from roles requiring background
105screening until the employee's eligibility for employment
106is determined; amending s. 435.07, F.S.; revising
107provisions relating to exemptions from disqualification;
108amending s. 435.08, F.S.; revising provisions relating to
109the payment for processing of fingerprints and criminal
110history records checks; amending s. 464.203, F.S.;
111conforming provisions to changes made by the act; amending
112s. 489.115, F.S.; removing reference to ch. 435, F.S., for
113background screening of construction contractors; amending
114s. 943.05, F.S.; revising provisions relating to the
115Criminal Justice Information Program under the Department
116of Law Enforcement; authorizing agencies to request the
117retention of certain fingerprints by the department;
118providing for rulemaking to require employers to keep the
119agencies informed of any change in the affiliation,
120employment, or contractual status of each person whose
121fingerprints are retained in certain circumstances;
122providing departmental duties upon notification that a
123federal fingerprint retention program is in effect;
124amending s. 943.053, F.S.; removing obsolete references
125relating to the dissemination of criminal justice
126information; amending s. 984.01, F.S.; revising an
127exemption from screening requirements for volunteers who
128assist with programs for children; amending s. 985.644,
129F.S.; revising background screening requirements for the
130Department of Juvenile Justice; authorizing rulemaking;
131amending ss. 381.60225, 409.912, 464.018, 468.3101,
132744.309, 744.474, and 985.04, F.S.; conforming provisions
133to changes made to ch. 435, F.S., by the act; repealing s.
134409.1758, F.S., relating to screening of summer camp
135personnel; repealing s. 456.039(4)(d), F.S., relating to
136information required for licensure of designated health
137care professionals; providing for prospective application
138of the act; providing an effective date.
139
140Be It Enacted by the Legislature of the State of Florida:
141
142     Section 1.  Paragraph (a) of subsection (2) of section
14339.001, Florida Statutes, is amended to read:
144     39.001 Purposes and intent; personnel standards and
145screening.-
146     (2)  DEPARTMENT CONTRACTS.-The department may contract with
147the Federal Government, other state departments and agencies,
148county and municipal governments and agencies, public and
149private agencies, and private individuals and corporations in
150carrying out the purposes of, and the responsibilities
151established in, this chapter.
152     (a)  If When the department contracts with a provider for
153any program for children, all personnel, including owners,
154operators, employees, and volunteers, in the facility must be of
155good moral character. A volunteer who assists on an intermittent
156basis for less than 10 40 hours per month need not be screened
157if a person who meets the screening requirement of this section
158is always present and has the volunteer within his or her line
159of sight if the volunteer is under direct and constant
160supervision by persons who meet the screening requirements.
161     Section 2.  Subsection (1) of section 39.821, Florida
162Statutes, is amended to read:
163     39.821  Qualifications of guardians ad litem.-
164     (1)  Because of the special trust or responsibility placed
165in a guardian ad litem, the Guardian Ad Litem Program may use
166any private funds collected by the program, or any state funds
167so designated, to conduct a security background investigation
168before certifying a volunteer to serve. A security background
169investigation must include, but need not be limited to,
170employment history checks, checks of references, local criminal
171records checks through local law enforcement agencies, and
172statewide criminal records checks through the Department of Law
173Enforcement. Upon request, an employer shall furnish a copy of
174the personnel record for the employee or former employee who is
175the subject of a security background investigation conducted
176under this section. The information contained in the personnel
177record may include, but need not be limited to, disciplinary
178matters and the reason why the employee was terminated from
179employment. An employer who releases a personnel record for
180purposes of a security background investigation is presumed to
181have acted in good faith and is not liable for information
182contained in the record without a showing that the employer
183maliciously falsified the record. A security background
184investigation conducted under this section must ensure that a
185person is not certified as a guardian ad litem if the person has
186an arrest awaiting final disposition for, been convicted of,
187regardless of adjudication, or entered a plea of nolo contendere
188or guilty to, or been adjudicated delinquent and the record has
189not been sealed or expunged for, any offense prohibited under
190the provisions listed in s. 435.04. All applicants certified on
191or after August 1, 2010, must undergo a level 2 background
192screening pursuant to chapter 435 before being certified the
193provisions of the Florida Statutes specified in s. 435.04(2) or
194under any similar law in another jurisdiction. Before certifying
195an applicant to serve as a guardian ad litem, the Guardian Ad
196Litem Program may request a federal criminal records check of
197the applicant through the Federal Bureau of Investigation. In
198analyzing and evaluating the information obtained in the
199security background investigation, the program must give
200particular emphasis to past activities involving children,
201including, but not limited to, child-related criminal offenses
202or child abuse. The program has the sole discretion in
203determining whether to certify a person based on his or her
204security background investigation. The information collected
205pursuant to the security background investigation is
206confidential and exempt from s. 119.07(1).
207     Section 3.  Paragraph (b) of subsection (1) of section
208215.5586, Florida Statutes, is amended to read:
209     215.5586  My Safe Florida Home Program.-There is
210established within the Department of Financial Services the My
211Safe Florida Home Program. The department shall provide fiscal
212accountability, contract management, and strategic leadership
213for the program, consistent with this section. This section does
214not create an entitlement for property owners or obligate the
215state in any way to fund the inspection or retrofitting of
216residential property in this state. Implementation of this
217program is subject to annual legislative appropriations. It is
218the intent of the Legislature that the My Safe Florida Home
219Program provide trained and certified inspectors to perform
220inspections for owners of site-built, single-family, residential
221properties and grants to eligible applicants as funding allows.
222The program shall develop and implement a comprehensive and
223coordinated approach for hurricane damage mitigation that may
224include the following:
225     (1)  HURRICANE MITIGATION INSPECTIONS.-
226     (b)  To qualify for selection by the department as a wind
227certification entity to provide hurricane mitigation
228inspections, the entity shall, at a minimum, meet the following
229requirements:
230     1.  Use hurricane mitigation inspectors who:
231     a.  Are certified as a building inspector under s. 468.607;
232     b.  Are licensed as a general or residential contractor
233under s. 489.111;
234     c.  Are licensed as a professional engineer under s.
235471.015 and who have passed the appropriate equivalency test of
236the building code training program as required by s. 553.841;
237     d.  Are licensed as a professional architect under s.
238481.213; or
239     e.  Have at least 2 years of experience in residential
240construction or residential building inspection and have
241received specialized training in hurricane mitigation
242procedures. Such training may be provided by a class offered
243online or in person.
244     2.  Use hurricane mitigation inspectors who also:
245     a.  Have undergone drug testing and a level 2 background
246screening checks pursuant to s. 435.04. The department may
247conduct criminal record checks of inspectors used by wind
248certification entities. Inspectors must submit a set of the
249fingerprints to the department for state and national criminal
250history checks and must pay the fingerprint processing fee set
251forth in s. 624.501. The fingerprints shall be sent by the
252department to the Department of Law Enforcement and forwarded to
253the Federal Bureau of Investigation for processing. The results
254shall be returned to the department for screening. The
255fingerprints shall be taken by a law enforcement agency,
256designated examination center, or other department-approved
257entity; and
258     b.  Have been certified, in a manner satisfactory to the
259department, to conduct the inspections.
260     3.  Provide a quality assurance program including a
261reinspection component.
262     Section 4.  Paragraphs (a) and (e) of subsection (1) of
263section 393.0655, Florida Statutes, are amended, and subsection
264(5) is added to that section, to read:
265     393.0655  Screening of direct service providers.-
266     (1)  MINIMUM STANDARDS.-The agency shall require level 2
267employment screening pursuant to chapter 435 for direct service
268providers who are unrelated to their clients, including support
269coordinators, and managers and supervisors of residential
270facilities or comprehensive transitional education programs
271licensed under this chapter and any other person, including
272volunteers, who provide care or services, who have access to a
273client's living areas, or who have access to a client's funds or
274personal property. Background screening shall include employment
275history checks as provided in s. 435.03(1) and local criminal
276records checks through local law enforcement agencies.
277     (a)  A volunteer who assists on an intermittent basis for
278less than 10 40 hours per month does not have to be screened if
279a person who meets the screening requirement of this section is
280always present and has the volunteer within his or her line of
281sight if the volunteer is under the direct and constant visual
282supervision of persons who meet the screening requirements of
283this section.
284     (e)  A direct service provider who is awaiting the
285completion of background screening is temporarily exempt from
286the screening requirements under this section if the provider is
287under the direct and constant visual supervision of persons who
288meet the screening requirements of this section. Such exemption
289expires 90 days after the direct service provider first provides
290care or services to clients, has access to a client's living
291areas, or has access to a client's funds or personal property.
292     (5)  DISQUALIFYING OFFENSES.-The background screening
293conducted under this section must ensure that, in addition to
294the disqualifying offenses listed in s. 435.04, no person
295subject to the provisions of this section has an arrest awaiting
296final disposition for, has been found guilty of, regardless of
297adjudication, or entered a plea of nolo contendere or guilty to,
298or has been adjudicated delinquent and the record has not been
299sealed or expunged for, any offense prohibited under any of the
300following provisions of state law or similar law of another
301jurisdiction:
302     (a)  Any authorizing statutes, if the offense was a felony.
303     (b)  This chapter, if the offense was a felony.
304     (c)  Section 409.920, relating to Medicaid provider fraud.
305     (d)  Section 409.9201, relating to Medicaid fraud.
306     (e)  Section 817.034, relating to fraudulent acts through
307mail, wire, radio, electromagnetic, photoelectronic, or
308photooptical systems.
309     (f)  Section 817.234, relating to false and fraudulent
310insurance claims.
311     (g)  Section 817.505, relating to patient brokering.
312     (h)  Section 817.568, relating to criminal use of personal
313identification information.
314     (i)  Section 817.60, relating to obtaining a credit card
315through fraudulent means.
316     (j)  Section 817.61, relating to fraudulent use of credit
317cards, if the offense was a felony.
318     (k)  Section 831.01, relating to forgery.
319     (l)  Section 831.02, relating to uttering forged
320instruments.
321     (m)  Section 831.07, relating to forging bank bills,
322checks, drafts, or promissory notes.
323     (n)  Section 831.09, relating to uttering forged bank
324bills, checks, drafts, or promissory notes.
325     Section 5.  Section 394.4572, Florida Statutes, is amended
326to read:
327     394.4572  Screening of mental health personnel.-
328     (1)(a)  The department and the Agency for Health Care
329Administration shall require level 2 background employment
330screening pursuant to chapter 435 for mental health personnel
331using the standards for level 2 screening set forth in chapter
332435. "Mental health personnel" includes all program directors,
333professional clinicians, staff members, and volunteers working
334in public or private mental health programs and facilities who
335have direct contact with individuals held for examination or
336admitted for mental health treatment unmarried patients under
337the age of 18 years. For purposes of this chapter,
338screening of mental health personnel shall also includes
339include, but is not limited to, employment screening as provided
340under chapter 435 and s. 408.809.
341     (b)  Students in the health care professions who are
342interning in a mental health facility licensed under chapter
343395, where the primary purpose of the facility is not the
344treatment of minors, are exempt from the fingerprinting and
345screening requirements if, provided they are under direct
346supervision in the actual physical presence of a licensed health
347care professional.
348     (c)  Mental health personnel working in a facility licensed
349under chapter 395 who have less than 15 hours per week of direct
350contact with patients or who are health care professionals
351licensed by the Agency for Health Care Administration or a board
352thereunder are exempt from the fingerprinting and screening
353requirements, except for persons working in mental health
354facilities where the primary purpose of the facility is the
355treatment of minors.
356     (c)(d)  A volunteer who assists on an intermittent basis
357for less than 10 40 hours per month is exempt from the
358fingerprinting and screening requirements if a person who meets
359the screening requirement of paragraph (a) is always present and
360has the volunteer within his or her line of sight, provided the
361volunteer is under direct and constant supervision by persons
362who meet the screening requirements of paragraph (a).
363     (2)  The department or the Agency for Health Care
364Administration may grant exemptions from disqualification as
365provided in chapter 435 s. 435.06.
366     (3)  Prospective mental health personnel who have
367previously been fingerprinted or screened pursuant to this
368chapter, chapter 393, chapter 397, chapter 402, or chapter 409,
369or teachers who have been fingerprinted pursuant to chapter
3701012, who have not been unemployed for more than 90 days
371thereafter, and who under the penalty of perjury attest to the
372completion of such fingerprinting or screening and to compliance
373with the provisions of this section and the standards for level
3741 screening contained in chapter 435, shall not be required to
375be refingerprinted or rescreened in order to comply with any
376screening requirements of this part.
377     Section 6.  Section 400.215, Florida Statutes, is amended
378to read:
379     400.215  Personnel screening requirement.-
380     (1)  The agency shall require level 2 background screening
381for personnel as required in s. 408.809(1)(e) pursuant to as
382provided in chapter 435 and s. 408.809. for all employees or
383prospective employees of facilities licensed under this part who
384are expected to, or whose responsibilities may require them to:
385     (a)  Provide personal care or services to residents;
386     (b)  Have access to resident living areas; or
387     (c)  Have access to resident funds or other personal
388property.
389     (2)  Employers and employees shall comply with the
390requirements of s. 435.05.
391     (a)  Notwithstanding the provisions of s. 435.05(1),
392facilities must have in their possession evidence that level 1
393screening has been completed before allowing an employee to
394begin working with patients as provided in subsection (1). All
395information necessary for conducting background screening using
396level 1 standards as specified in s. 435.03 shall be submitted
397by the nursing facility to the agency. Results of the background
398screening shall be provided by the agency to the requesting
399nursing facility.
400     (b)  Employees qualified under the provisions of paragraph
401(a) who have not maintained continuous residency within the
402state for the 5 years immediately preceding the date of request
403for background screening must complete level 2 screening, as
404provided in chapter 435. Such employees may work in a
405conditional status up to 180 days pending the receipt of written
406findings evidencing the completion of level 2 screening. Level 2
407screening shall not be required of employees or prospective
408employees who attest in writing under penalty of perjury that
409they meet the residency requirement. Completion of level 2
410screening shall require the employee or prospective employee to
411furnish to the nursing facility a full set of fingerprints to
412enable a criminal background investigation to be conducted. The
413nursing facility shall submit the completed fingerprint card to
414the agency. The agency shall establish a record of the request
415in the database provided for in paragraph (c) and forward the
416request to the Department of Law Enforcement, which is
417authorized to submit the fingerprints to the Federal Bureau of
418Investigation for a national criminal history records check. The
419results of the national criminal history records check shall be
420returned to the agency, which shall maintain the results in the
421database provided for in paragraph (c). The agency shall notify
422the administrator of the requesting nursing facility or the
423administrator of any other facility licensed under chapter 393,
424chapter 394, chapter 395, chapter 397, chapter 429, or this
425chapter, as requested by such facility, as to whether or not the
426employee has qualified under level 1 or level 2 screening. An
427employee or prospective employee who has qualified under level 2
428screening and has maintained such continuous residency within
429the state shall not be required to complete a subsequent level 2
430screening as a condition of employment at another facility.
431     (c)  The agency shall establish and maintain a database of
432background screening information which shall include the results
433of both level 1 and level 2 screening. The Department of Law
434Enforcement shall timely provide to the agency, electronically,
435the results of each statewide screening for incorporation into
436the database. The agency shall, upon request from any facility,
437agency, or program required by or authorized by law to screen
438its employees or applicants, notify the administrator of the
439facility, agency, or program of the qualifying or disqualifying
440status of the employee or applicant named in the request.
441     (d)  Applicants and employees shall be excluded from
442employment pursuant to s. 435.06.
443     (3)  The applicant is responsible for paying the fees
444associated with obtaining the required screening. Payment for
445the screening shall be submitted to the agency. The agency shall
446establish a schedule of fees to cover the costs of level 1 and
447level 2 screening. Facilities may reimburse employees for these
448costs. The Department of Law Enforcement shall charge the agency
449for a level 1 or level 2 screening a rate sufficient to cover
450the costs of such screening pursuant to s. 943.053(3). The
451agency shall, as allowable, reimburse nursing facilities for the
452cost of conducting background screening as required by this
453section. This reimbursement is will not be subject to any rate
454ceilings or payment targets in the Medicaid Reimbursement plan.
455     (4)(a)  As provided in s. 435.07, the agency may grant an
456exemption from disqualification to an employee or prospective
457employee who is subject to this section and who has not received
458a professional license or certification from the Department of
459Health.
460     (b)  As provided in s. 435.07, the appropriate regulatory
461board within the Department of Health, or that department itself
462when there is no board, may grant an exemption from
463disqualification to an employee or prospective employee who is
464subject to this section and who has received a professional
465license or certification from the Department of Health or a
466regulatory board within that department.
467     (5)  Any provision of law to the contrary notwithstanding,
468persons who have been screened and qualified as required by this
469section and who have not been unemployed for more than 180 days
470thereafter, and who under penalty of perjury attest to not
471having been convicted of a disqualifying offense since the
472completion of such screening, shall not be required to be
473rescreened. An employer may obtain, pursuant to s. 435.10,
474written verification of qualifying screening results from the
475previous employer or other entity which caused such screening to
476be performed.
477     (6)  The agency and the Department of Health shall have
478authority to adopt rules pursuant to the Administrative
479Procedure Act to implement this section.
480     (7)  All employees shall comply with the requirements of
481this section by October 1, 1998. No current employee of a
482nursing facility as of the effective date of this act shall be
483required to submit to rescreening if the nursing facility has in
484its possession written evidence that the person has been
485screened and qualified according to level 1 standards as
486specified in s. 435.03(1). Any current employee who meets the
487level 1 requirement but does not meet the 5-year residency
488requirement as specified in this section must provide to the
489employing nursing facility written attestation under penalty of
490perjury that the employee has not been convicted of a
491disqualifying offense in another state or jurisdiction. All
492applicants hired on or after October 1, 1998, shall comply with
493the requirements of this section.
494     (8)  There is no monetary or unemployment liability on the
495part of, and no cause of action for damages arising against an
496employer that, upon notice of a disqualifying offense listed
497under chapter 435 or an act of domestic violence, terminates the
498employee against whom the report was issued, whether or not the
499employee has filed for an exemption with the Department of
500Health or the Agency for Health Care Administration.
501     Section 7.  Subsection (9) of section 400.506, Florida
502Statutes, is amended to read:
503     400.506  Licensure of nurse registries; requirements;
504penalties.-
505     (9)  Each nurse registry must comply with the background
506screening requirements procedures set forth in s. 400.512 for
507maintaining records of the work history of all persons referred
508for contract and is subject to the standards and conditions set
509forth in that section. However, an initial screening may not be
510required for persons who have been continuously registered with
511the nurse registry since October 1, 2000.
512     Section 8.  Section 400.512, Florida Statutes, is amended
513to read:
514     400.512  Screening of home health agency personnel; nurse
515registry personnel and contractors; and companions and
516homemakers.-The agency, registry, or service shall require level
5172 background screening for employees or contractors as required
518in s. 408.809(1)(e) pursuant to chapter 435 and s. 408.809
519employment or contractor screening as provided in chapter 435,
520using the level 1 standards for screening set forth in that
521chapter, for home health agency personnel; persons referred for
522employment by nurse registries; and persons employed by
523companion or homemaker services registered under s. 400.509.
524     (1)(a)  The Agency for Health Care Administration may, upon
525request, grant exemptions from disqualification from employment
526or contracting under this section as provided in s. 435.07,
527except for health care practitioners licensed by the Department
528of Health or a regulatory board within that department.
529     (b)  The appropriate regulatory board within the Department
530of Health, or that department itself when there is no board,
531may, upon request of the licensed health care practitioner,
532grant exemptions from disqualification from employment or
533contracting under this section as provided in s. 435.07.
534     (2)  The administrator of each home health agency, the
535managing employee of each nurse registry, and the managing
536employee of each companion or homemaker service registered under
537s. 400.509 must sign an affidavit annually, under penalty of
538perjury, stating that all personnel hired or contracted with or
539registered on or after October 1, 2000, who enter the home of a
540patient or client in their service capacity have been screened.
541     (3)  As a prerequisite to operating as a home health
542agency, nurse registry, or companion or homemaker service under
543s. 400.509, the administrator or managing employee,
544respectively, must submit to the agency his or her name and any
545other information necessary to conduct a complete screening
546according to this section. The agency shall submit the
547information to the Department of Law Enforcement for state
548processing. The agency shall review the record of the
549administrator or manager with respect to the offenses specified
550in this section and shall notify the owner of its findings. If
551disposition information is missing on a criminal record, the
552administrator or manager, upon request of the agency, must
553obtain and supply within 30 days the missing disposition
554information to the agency. Failure to supply missing information
555within 30 days or to show reasonable efforts to obtain such
556information will result in automatic disqualification.
557     (4)  Proof of compliance with the screening requirements of
558chapter 435 shall be accepted in lieu of the requirements of
559this section if the person has been continuously employed or
560registered without a breach in service that exceeds 180 days,
561the proof of compliance is not more than 2 years old, and the
562person has been screened by the Department of Law Enforcement. A
563home health agency, nurse registry, or companion or homemaker
564service registered under s. 400.509 shall directly provide proof
565of compliance to another home health agency, nurse registry, or
566companion or homemaker service registered under s. 400.509. The
567recipient home health agency, nurse registry, or companion or
568homemaker service registered under s. 400.509 may not accept any
569proof of compliance directly from the person who requires
570screening. Proof of compliance with the screening requirements
571of this section shall be provided upon request to the person
572screened by the home health agencies; nurse registries; or
573companion or homemaker services registered under s. 400.509.
574     (5)  There is no monetary liability on the part of, and no
575cause of action for damages arises against, a licensed home
576health agency, licensed nurse registry, or companion or
577homemaker service registered under s. 400.509, that, upon notice
578that the employee or contractor has been found guilty of,
579regardless of adjudication, or entered a plea of nolo contendere
580or guilty to, any offense prohibited under s. 435.03 or under
581any similar statute of another jurisdiction, terminates the
582employee or contractor, whether or not the employee or
583contractor has filed for an exemption with the agency in
584accordance with chapter 435 and whether or not the time for
585filing has expired.
586     (6)  The costs of processing the statewide correspondence
587criminal records checks must be borne by the home health agency;
588the nurse registry; or the companion or homemaker service
589registered under s. 400.509, or by the person being screened, at
590the discretion of the home health agency, nurse registry, or s.
591400.509 registrant.
592     Section 9.  Section 400.6065, Florida Statutes, is amended
593to read:
594     400.6065  Background screening.-The agency shall require
595level 2 background employment or contractor screening for
596personnel as required in s. 408.809(1)(e) pursuant to chapter
597435 and s. 408.809 as provided in chapter 435, using the level 1
598standards for screening set forth in that chapter, for hospice
599personnel.
600     Section 10.  Subsection (2) of section 400.801, Florida
601Statutes, is amended to read:
602     400.801  Homes for special services.-
603     (2)(a)  The requirements of part II of chapter 408 apply to
604the provision of services that require licensure pursuant to
605this section and part II of chapter 408 and entities licensed by
606or applying for such licensure from the agency pursuant to this
607section. A license issued by the agency is required in order to
608operate a home for special services in this state.
609     (b)  The agency shall require level 2 background screening
610for personnel as required in s. 408.809(1)(e) pursuant to
611chapter 435 and s. 408.809.
612     Section 11.  Paragraph (d) is added to subsection (2) of
613section 400.805, Florida Statutes, to read:
614     400.805  Transitional living facilities.-
615     (2)
616     (d)  The agency shall require level 2 background screening
617for personnel as required in s. 408.809(1)(e) pursuant to
618chapter 435 and s. 408.809.
619     Section 12.  Section 400.9065, Florida Statutes, is created
620to read:
621     400.9065  Background screening.-The agency shall require
622level 2 background screening for personnel as required in s.
623408.809(1)(e) pursuant to chapter 435 and s. 408.809.
624     Section 13.  Subsection (16) of section 400.934, Florida
625Statutes, is amended to read:
626     400.934  Minimum standards.-As a requirement of licensure,
627home medical equipment providers shall:
628     (16)  Establish procedures for maintaining a record of the
629employment history, including background screening as required
630by ss. s. 400.953 and 408.809(1) and chapter 435, of all home
631medical equipment provider personnel. A home medical equipment
632provider must require its personnel to submit an employment
633history to the home medical equipment provider and must verify
634the employment history for at least the previous 5 years, unless
635through diligent efforts such verification is not possible.
636There is no monetary liability on the part of, and no cause of
637action for damages arising against a former employer, a
638prospective employee, or a prospective independent contractor
639with a licensed home medical equipment provider, who reasonably
640and in good faith communicates his or her honest opinions about
641a former employee's job performance. This subsection does not
642affect the official immunity of an officer or employee of a
643public corporation.
644     Section 14.  Section 400.953, Florida Statutes, is amended
645to read:
646     400.953  Background screening of home medical equipment
647provider personnel.-The agency shall require level 2 background
648screening for personnel as required in s. 408.809(1)(e) pursuant
649to chapter 435 and s. 408.809 employment screening as provided
650in chapter 435, using the level 1 standards for screening set
651forth in that chapter, for home medical equipment provider
652personnel.
653     (1)  The agency may grant exemptions from disqualification
654from employment under this section as provided in s. 435.07.
655     (2)  The general manager of each home medical equipment
656provider must sign an affidavit annually, under penalty of
657perjury, stating that all home medical equipment provider
658personnel hired on or after July 1, 1999, who enter the home of
659a patient in the capacity of their employment have been screened
660and that its remaining personnel have worked for the home
661medical equipment provider continuously since before July 1,
6621999.
663     (3)  Proof of compliance with the screening requirements of
664s. 110.1127, s. 393.0655, s. 394.4572, s. 397.451, s. 402.305,
665s. 402.313, s. 409.175, s. 464.008, or s. 985.644 or this part
666must be accepted in lieu of the requirements of this section if
667the person has been continuously employed in the same type of
668occupation for which he or she is seeking employment without a
669breach in service that exceeds 180 days, the proof of compliance
670is not more than 2 years old, and the person has been screened
671by the Department of Law Enforcement. An employer or contractor
672shall directly provide proof of compliance to another employer
673or contractor, and a potential employer or contractor may not
674accept any proof of compliance directly from the person
675requiring screening. Proof of compliance with the screening
676requirements of this section shall be provided, upon request, to
677the person screened by the home medical equipment provider.
678     (4)  There is no monetary liability on the part of, and no
679cause of action for damages arising against, a licensed home
680medical equipment provider that, upon notice that an employee
681has been found guilty of, regardless of adjudication, or entered
682a plea of nolo contendere or guilty to, any offense prohibited
683under s. 435.03 or under any similar statute of another
684jurisdiction, terminates the employee, whether or not the
685employee has filed for an exemption with the agency and whether
686or not the time for filing has expired.
687     (5)  The costs of processing the statewide correspondence
688criminal records checks must be borne by the home medical
689equipment provider or by the person being screened, at the
690discretion of the home medical equipment provider.
691     (6)  Neither the agency nor the home medical equipment
692provider may use the criminal records or juvenile records of a
693person for any purpose other than determining whether that
694person meets minimum standards of good moral character for home
695medical equipment provider personnel.
696     (7)(a)  It is a misdemeanor of the first degree, punishable
697as provided in s. 775.082 or s. 775.083, for any person
698willfully, knowingly, or intentionally to:
699     1.  Fail, by false statement, misrepresentation,
700impersonation, or other fraudulent means, to disclose in any
701application for paid employment a material fact used in making a
702determination as to the person's qualifications to be an
703employee under this section;
704     2.  Operate or attempt to operate an entity licensed under
705this part with persons who do not meet the minimum standards for
706good moral character as contained in this section; or
707     3.  Use information from the criminal records obtained
708under this section for any purpose other than screening that
709person for employment as specified in this section, or release
710such information to any other person for any purpose other than
711screening for employment under this section.
712     (b)  It is a felony of the third degree, punishable as
713provided in s. 775.082, s. 775.083, or s. 775.084, for any
714person willfully, knowingly, or intentionally to use information
715from the juvenile records of a person obtained under this
716section for any purpose other than screening for employment
717under this section.
718     Section 15.  Section 400.955, Florida Statutes, is
719repealed.
720     Section 16.  Section 400.964, Florida Statutes, is amended
721to read:
722     400.964  Personnel screening requirement.-
723     (1)  The agency shall require level 2 background screening
724for personnel as required in s. 408.809(1)(e) pursuant to
725chapter 435 and s. 408.809 as provided in chapter 435 for all
726employees or prospective employees of facilities licensed under
727this part who are expected to be, or whose responsibilities are
728such that they would be considered to be, a direct service
729provider.
730     (2)  Employers and employees shall comply with the
731requirements of chapter 435.
732     (3)  Applicants and employees shall be excluded from
733employment pursuant to s. 435.06.
734     (4)  The applicant is responsible for paying the fees
735associated with obtaining the required screening. Payment for
736the screening must be submitted to the agency as prescribed by
737the agency.
738     (5)  Notwithstanding any other provision of law, persons
739who have been screened and qualified as required by this section
740and who have not been unemployed for more than 180 days
741thereafter, and who under penalty of perjury attest to not
742having been convicted of a disqualifying offense since the
743completion of such screening are not required to be rescreened.
744An employer may obtain, pursuant to s. 435.10, written
745verification of qualifying screening results from the previous
746employer or other entity that caused such screening to be
747performed.
748     (6)  The agency may adopt rules to administer this section.
749     (7)  All employees must comply with the requirements of
750this section by October 1, 2000. A person employed by a facility
751licensed pursuant to this part as of the effective date of this
752act is not required to submit to rescreening if the facility has
753in its possession written evidence that the person has been
754screened and qualified according to level 1 standards as
755specified in s. 435.03. Any current employee who meets the level
7561 requirement but does not meet the 5-year residency requirement
757must provide to the employing facility written attestation under
758penalty of perjury that the employee has not been convicted of a
759disqualifying offense in another state or jurisdiction. All
760applicants hired on or after October 1, 1999, must comply with
761the requirements of this section.
762     (8)  There is no monetary or unemployment liability on the
763part of, and no cause of action for damages arises against an
764employer that, upon notice of a disqualifying offense listed
765under chapter 435 or an act of domestic violence, terminates the
766employee, whether or not the employee has filed for an exemption
767with the Department of Health or the Agency for Health Care
768Administration.
769     Section 17.  Subsection (3) of section 400.980, Florida
770Statutes, is amended to read:
771     400.980  Health care services pools.-
772     (3)  Upon receipt of a completed, signed, and dated
773application, The agency shall require level 2 background
774screening for personnel as required in s. 408.809(1)(e) pursuant
775to chapter 435 and s. 408.809, in accordance with the level 1
776standards for screening set forth in chapter 435, of every
777individual who will have contact with patients.
778     Section 18.  Subsection (5) of section 400.991, Florida
779Statutes, is amended to read:
780     400.991  License requirements; background screenings;
781prohibitions.-
782     (5)  Each applicant for licensure shall comply with the
783following requirements:
784     (a)  As used in this subsection, the term "applicant" means
785individuals owning or controlling, directly or indirectly, 5
786percent or more of an interest in a clinic; the medical or
787clinic director, or a similarly titled person who is responsible
788for the day-to-day operation of the licensed clinic; the
789financial officer or similarly titled individual who is
790responsible for the financial operation of the clinic; and
791licensed health care practitioners at the clinic.
792     (b)  Upon receipt of a completed, signed, and dated
793application, The agency shall require level 2 background
794screening for applicants and personnel as required in s.
795408.809(1)(e) pursuant to chapter 435 and s. 408.809 of the
796applicant, in accordance with the level 2 standards for
797screening set forth in chapter 435. Proof of compliance with the
798level 2 background screening requirements of chapter 435 which
799has been submitted within the previous 5 years in compliance
800with any other health care licensure requirements of this state
801is acceptable in fulfillment of this paragraph. Applicants who
802own less than 10 percent of a health care clinic are not
803required to submit fingerprints under this section.
804     (c)  Each applicant must submit to the agency, with the
805application, a description and explanation of any exclusions,
806permanent suspensions, or terminations of an applicant from the
807Medicare or Medicaid programs. Proof of compliance with the
808requirements for disclosure of ownership and control interest
809under the Medicaid or Medicare programs may be accepted in lieu
810of this submission. The description and explanation may indicate
811whether such exclusions, suspensions, or terminations were
812voluntary or not voluntary on the part of the applicant.
813     (d)  A license may not be granted to a clinic if the
814applicant has been found guilty of, regardless of adjudication,
815or has entered a plea of nolo contendere or guilty to, any
816offense prohibited under the level 2 standards for screening set
817forth in chapter 435, or a violation of insurance fraud under s.
818817.234, within the past 5 years. If the applicant has been
819convicted of an offense prohibited under the level 2 standards
820or insurance fraud in any jurisdiction, the applicant must show
821that his or her civil rights have been restored prior to
822submitting an application.
823     Section 19.  Paragraph (h) is added to subsection (1) of
824section 408.806, Florida Statutes, to read:
825     408.806  License application process.-
826     (1)  An application for licensure must be made to the
827agency on forms furnished by the agency, submitted under oath,
828and accompanied by the appropriate fee in order to be accepted
829and considered timely. The application must contain information
830required by authorizing statutes and applicable rules and must
831include:
832     (h)  An affidavit, under penalty of perjury, as required in
833s. 435.05(3), stating compliance with the provisions of this
834section and chapter 435.
835     Section 20.  Subsection (2) of section 408.808, Florida
836Statutes, is amended to read:
837     408.808  License categories.-
838     (2)  PROVISIONAL LICENSE.-A provisional license may be
839issued to an applicant pursuant to s. 408.809(3). An applicant
840against whom a proceeding denying or revoking a license is
841pending at the time of license renewal may be issued a
842provisional license effective until final action not subject to
843further appeal. A provisional license may also be issued to an
844applicant applying for a change of ownership. A provisional
845license must shall be limited in duration to a specific period
846of time, up not to exceed 12 months, as determined by the
847agency.
848     Section 21.  Section 408.809, Florida Statutes, is amended
849to read:
850     408.809  Background screening; prohibited offenses.-
851     (1)  Level 2 background screening pursuant to chapter 435
852must be conducted through the agency on each of the following
853persons, who are shall be considered employees an employee for
854the purposes of conducting screening under chapter 435:
855     (a)  The licensee, if an individual.
856     (b)  The administrator or a similarly titled person who is
857responsible for the day-to-day operation of the provider.
858     (c)  The financial officer or similarly titled individual
859who is responsible for the financial operation of the licensee
860or provider.
861     (d)  Any person who is a controlling interest if the agency
862has reason to believe that such person has been convicted of any
863offense prohibited by s. 435.04. For each controlling interest
864who has been convicted of any such offense, the licensee shall
865submit to the agency a description and explanation of the
866conviction at the time of license application.
867     (e)  Any person, as required by authorizing statutes,
868seeking employment with a licensee or provider who is expected
869to, or whose responsibilities may require him or her to, provide
870personal care or services directly to clients or have access to
871client funds, personal property, or living areas; and any
872person, as required by authorizing statutes, contracting with a
873licensee or provider whose responsibilities require him or her
874to provide personal care or personal services directly to
875clients. Evidence of contractor screening may be retained by the
876contractor's employer or the licensee.
877     (2)  Every 5 years following his or her licensure,
878employment, or entry into a contract in a capacity that under
879subsection (1) would require level 2 background screening under
880chapter 435, each such person must submit to level 2 background
881rescreening as a condition of retaining such license or
882continuing in such employment or contractual status. For any
883such rescreening, the agency shall request the Department of Law
884Enforcement to forward the person's fingerprints to the Federal
885Bureau of Investigation for a national criminal history record
886check. If the fingerprints of such a person are not retained by
887the Department of Law Enforcement under s. 943.05(2)(g), the
888person must file a complete set of fingerprints with the agency
889and the agency shall forward the fingerprints to the Department
890of Law Enforcement for state processing, and the Department of
891Law Enforcement shall forward the fingerprints to the Federal
892Bureau of Investigation for a national criminal history record
893check. The fingerprints may be retained by the Department of Law
894Enforcement under s. 943.05(2)(g). The cost of the state and
895national criminal history records checks required by level 2
896screening may be borne by the licensee or the person
897fingerprinted. Proof of compliance with level 2 screening
898standards submitted within the previous 5 years to meet any
899provider or professional licensure requirements of the agency,
900the Department of Health, the Agency for Persons with
901Disabilities, or the Department of Children and Family Services,
902or the Department of Financial Services for an applicant for a
903certificate of authority or provisional certificate of authority
904to operate a continuing care retirement community under chapter
905651 satisfies the requirements of this section if the person
906subject to screening has not been unemployed for more than 90
907days and, provided that such proof is accompanied, under penalty
908of perjury, by an affidavit of compliance with the provisions of
909chapter 435 and this section using forms provided by the agency.
910Proof of compliance with the background screening requirements
911of the Department of Financial Services submitted within the
912previous 5 years for an applicant for a certificate of authority
913to operate a continuing care retirement community under chapter
914651 satisfies the Department of Law Enforcement and Federal
915Bureau of Investigation portions of a level 2 background check.
916     (3)  All fingerprints must be provided in electronic
917format. Screening results shall be reviewed by the agency with
918respect to the offenses specified in s. 435.04 and this section,
919and the qualifying or disqualifying status of the person named
920in the request shall be maintained in a database. The qualifying
921or disqualifying status of the person named in the request shall
922be posted on a secure website for retrieval by the licensee or
923designated agent on the licensee's behalf. A provisional license
924may be granted to an applicant when each individual required by
925this section to undergo background screening has met the
926standards for the Department of Law Enforcement background check
927but the agency has not yet received background screening results
928from the Federal Bureau of Investigation. A standard license may
929be granted to the licensee upon the agency's receipt of a report
930of the results of the Federal Bureau of Investigation background
931screening for each individual required by this section to
932undergo background screening that confirms that all standards
933have been met or upon the granting of an exemption from
934disqualification by the agency as set forth in chapter 435.
935     (4)  When a person is newly employed in a capacity that
936requires screening under this section, the licensee must notify
937the agency of the change within the time period specified in the
938authorizing statute or rules and must submit to the agency
939information necessary to conduct level 2 screening or provide
940evidence of compliance with background screening requirements of
941this section. The person may serve in his or her capacity
942pending the agency's receipt of the report from the Federal
943Bureau of Investigation if he or she has met the standards for
944the Department of Law Enforcement background check. However, the
945person may not continue to serve in his or her capacity if the
946report indicates any violation of background screening standards
947unless an exemption from disqualification has been granted by
948the agency as set forth in chapter 435.
949     (4)(5)  Effective October 1, 2009, In addition to the
950offenses listed in s. ss. 435.03 and 435.04, all persons
951required to undergo background screening pursuant to this part
952or authorizing statutes must not have an arrest awaiting final
953disposition for, must not have been found guilty of, regardless
954of adjudication, or entered a plea of nolo contendere or guilty
955to, and must not have been adjudicated delinquent and the record
956not have been sealed or expunged for any of the following
957offenses or any similar offense of another jurisdiction:
958     (a)  Any authorizing statutes, if the offense was a felony.
959     (b)  This chapter, if the offense was a felony.
960     (c)  Section 409.920, relating to Medicaid provider fraud,
961if the offense was a felony.
962     (d)  Section 409.9201, relating to Medicaid fraud, if the
963offense was a felony.
964     (e)  Section 741.28, relating to domestic violence.
965     (f)  Chapter 784, relating to assault, battery, and
966culpable negligence, if the offense was a felony.
967     (g)  Section 810.02, relating to burglary.
968     (f)(h)  Section 817.034, relating to fraudulent acts
969through mail, wire, radio, electromagnetic, photoelectronic, or
970photooptical systems.
971     (g)(i)  Section 817.234, relating to false and fraudulent
972insurance claims.
973     (h)(j)  Section 817.505, relating to patient brokering.
974     (i)(k)  Section 817.568, relating to criminal use of
975personal identification information.
976     (j)(l)  Section 817.60, relating to obtaining a credit card
977through fraudulent means.
978     (k)(m)  Section 817.61, relating to fraudulent use of
979credit cards, if the offense was a felony.
980     (l)(n)  Section 831.01, relating to forgery.
981     (m)(o)  Section 831.02, relating to uttering forged
982instruments.
983     (n)(p)  Section 831.07, relating to forging bank bills,
984checks, drafts, or promissory notes.
985     (o)(q)  Section 831.09, relating to uttering forged bank
986bills, checks, drafts, or promissory notes.
987     (p)(r)  Section 831.30, relating to fraud in obtaining
988medicinal drugs.
989     (q)(s)  Section 831.31, relating to the sale, manufacture,
990delivery, or possession with the intent to sell, manufacture, or
991deliver any counterfeit controlled substance, if the offense was
992a felony.
993
994A person who serves as a controlling interest of, or is employed
995by, or contracts with a licensee on July 31, 2010 September 30,
9962009, who has been screened and qualified according to standards
997specified in s. 435.03 or s. 435.04 must be rescreened by July
99831, 2015. The agency may adopt rules to establish a schedule to
999stagger the implementation of the required rescreening over the
10005-year period, beginning July 31, 2010, through July 31, 2015.
1001If, upon rescreening, is not required by law to submit to
1002rescreening if that licensee has in its possession written
1003evidence that the person has been screened and qualified
1004according to the standards specified in s. 435.03 or s. 435.04.
1005However, if such person has a disqualifying offense that was not
1006a disqualifying offense at the time of the last screening, but
1007is a current disqualifying offense and was committed before the
1008last screening listed in this section, he or she may apply for
1009an exemption from the appropriate licensing agency before
1010September 30, 2009, and, if agreed to by the employer, may
1011continue to perform his or her duties until the licensing agency
1012renders a decision on the application for exemption if the
1013person is eligible to apply for an exemption and the exemption
1014request is received by the agency within 30 days after receipt
1015of the rescreening results by the person for offenses listed in
1016this section. Exemptions from disqualification may be granted
1017pursuant to s. 435.07.
1018     (5)(6)  The costs associated with obtaining the required
1019screening must be borne by the licensee or the person subject to
1020screening. Licensees may reimburse persons for these costs. The
1021Department of Law Enforcement shall charge the agency for
1022screening pursuant to s. 943.053(3). The agency shall establish
1023a schedule of fees to cover the costs of screening The
1024attestations required under ss. 435.04(5) and 435.05(3) must be
1025submitted at the time of license renewal, notwithstanding the
1026provisions of ss. 435.04(5) and 435.05(3) which require annual
1027submission of an affidavit of compliance with background
1028screening requirements.
1029     (6)(a)  As provided in chapter 435, the agency may grant an
1030exemption from disqualification to a person who is subject to
1031this section and who:
1032     1.  Does not have an active professional license or
1033certification from the Department of Health; or
1034     2.  Has an active professional license or certification
1035from the Department of Health but is not providing a service
1036within the scope of that license or certification.
1037     (b)  As provided in chapter 435, the appropriate regulatory
1038board within the Department of Health, or the department itself
1039if there is no board, may grant an exemption from
1040disqualification to a person who is subject to this section and
1041who has received a professional license or certification from
1042the Department of Health or a regulatory board within that
1043department and that person is providing a service within the
1044scope of his or her licensed or certified practice.
1045     (7)  The agency and the Department of Health may adopt
1046rules pursuant to ss. 120.536(1) and 120.54 to implement this
1047section, chapter 435, and authorizing statutes requiring
1048background screening and to implement and adopt criteria
1049relating to retaining fingerprints pursuant to s. 943.05(2).
1050     (8)  There is no unemployment compensation or other
1051monetary liability on the part of, and no cause of action for
1052damages arising against, an employer that, upon notice of a
1053disqualifying offense listed under chapter 435 or this section,
1054terminates the person against whom the report was issued,
1055whether or not that person has filed for an exemption with the
1056Department of Health or the agency.
1057     Section 22.  Subsection (3) of section 402.302, Florida
1058Statutes, is amended to read:
1059     402.302  Definitions.-
1060     (3)  "Child care personnel" means all owners, operators,
1061employees, and volunteers working in a child care facility. The
1062term does not include persons who work in a child care facility
1063after hours when children are not present or parents of children
1064in a child care facility Head Start. For purposes of screening,
1065the term includes any member, over the age of 12 years, of a
1066child care facility operator's family, or person, over the age
1067of 12 years, residing with a child care facility operator if the
1068child care facility is located in or adjacent to the home of the
1069operator or if the family member of, or person residing with,
1070the child care facility operator has any direct contact with the
1071children in the facility during its hours of operation. Members
1072of the operator's family or persons residing with the operator
1073who are between the ages of 12 years and 18 years are shall not
1074be required to be fingerprinted but must shall be screened for
1075delinquency records. For purposes of screening, the term shall
1076also includes include persons who work in child care programs
1077that which provide care for children 15 hours or more each week
1078in public or nonpublic schools, summer day camps, family day
1079care homes, or those programs otherwise exempted under s.
1080402.316. The term does not include public or nonpublic school
1081personnel who are providing care during regular school hours, or
1082after hours for activities related to a school's program for
1083grades kindergarten through 12. A volunteer who assists on an
1084intermittent basis for less than 10 40 hours per month is not
1085included in the term "personnel" for the purposes of screening
1086and training if a person who meets the screening requirement of
1087s. 402.305(2) is always present and has the volunteer in his or
1088her line of sight, provided that the volunteer is under direct
1089and constant supervision by persons who meet the personnel
1090requirements of s. 402.305(2). Students who observe and
1091participate in a child care facility as a part of their required
1092coursework are shall not be considered child care personnel,
1093provided such observation and participation are on an
1094intermittent basis and a person who meets the screening
1095requirement of s. 402.305(2) is always present and has the
1096student in his or her line of sight the students are under
1097direct and constant supervision of child care personnel.
1098     Section 23.  Paragraphs (i) and (k) of subsection (2) of
1099section 409.175, Florida Statutes, are amended, present
1100paragraphs (b) and (c) of subsection (5) of that section are
1101redesignated as paragraphs (c) and (d), respectively, and a new
1102paragraph (b) is added to that section to read:
1103     409.175  Licensure of family foster homes, residential
1104child-caring agencies, and child-placing agencies; public
1105records exemption.-
1106     (2) As used in this section, the term:
1107     (i)  "Personnel" means all owners, operators, employees,
1108and volunteers working in a child-placing agency, family foster
1109home, or residential child-caring agency who may be employed by
1110or do volunteer work for a person, corporation, or agency that
1111which holds a license as a child-placing agency or a residential
1112child-caring agency, but the term does not include those who do
1113not work on the premises where child care is furnished and
1114either have no direct contact with a child or have no contact
1115with a child outside of the presence of the child's parent or
1116guardian. For purposes of screening, the term includes shall
1117include any member, over the age of 12 years, of the family of
1118the owner or operator or any person other than a client, over
1119the age of 12 years, residing with the owner or operator if the
1120agency or family foster home is located in or adjacent to the
1121home of the owner or operator or if the family member of, or
1122person residing with, the owner or operator has any direct
1123contact with the children. Members of the family of the owner or
1124operator, or persons residing with the owner or operator, who
1125are between the ages of 12 years and 18 years are shall not be
1126required to be fingerprinted, but must shall be screened for
1127delinquency records. For purposes of screening, the term
1128"personnel" shall also includes include owners, operators,
1129employees, and volunteers working in summer day camps, or summer
113024-hour camps providing care for children. A volunteer who
1131assists on an intermittent basis for less than 10 40 hours per
1132month shall not be included in the term "personnel" for the
1133purposes of screening if a person who meets the screening
1134requirement of this section is always present and has the
1135volunteer in his or her line of sight, provided that the
1136volunteer is under direct and constant supervision by persons
1137who meet the personnel requirements of this section.
1138     (k)  "Screening" means the act of assessing the background
1139of personnel and includes, but is not limited to, employment
1140history checks as provided in chapter 435, using the level 2
1141standards for screening set forth in that chapter. Screening for
1142employees and volunteers in summer day camps and summer 24-hour
1143camps and screening for all volunteers included under the
1144definition of "personnel" shall be conducted as provided in
1145chapter 435, using the level 1 standards set forth in that
1146chapter.
1147     (5)
1148     (b)  The department shall randomly drug test a licensed
1149foster parent if there is a reasonable suspicion that he or she
1150is using illegal drugs. The cost of testing shall be paid by the
1151foster parent but shall be reimbursed by the department if the
1152test is negative. The department may adopt rules necessary to
1153administer this paragraph.
1154     Section 24.  Paragraph (i) of subsection (4) of section
1155409.221, Florida Statutes, is amended to read:
1156     409.221  Consumer-directed care program.-
1157     (4)  CONSUMER-DIRECTED CARE.-
1158     (i)  Background screening requirements.-All persons who
1159render care under this section must undergo level 2 background
1160screening pursuant to chapter 435 shall comply with the
1161requirements of s. 435.05. Persons shall be excluded from
1162employment pursuant to s. 435.06.
1163     1.  Persons excluded from employment may request an
1164exemption from disqualification, as provided in s. 435.07.
1165Persons not subject to certification or professional licensure
1166may request an exemption from the agency. In considering a
1167request for an exemption, the agency shall comply with the
1168provisions of s. 435.07.
1169     2.  The agency shall, as allowable, reimburse consumer-
1170employed caregivers for the cost of conducting background
1171screening as required by this section.
1172
1173For purposes of this section, a person who has undergone
1174screening, who is qualified for employment under this section
1175and applicable rule, and who has not been unemployed for more
1176than 90 180 days following such screening is not required to be
1177rescreened. Such person must attest under penalty of perjury to
1178not having been convicted of a disqualifying offense since
1179completing such screening.
1180     Section 25.  Subsection (8) of section 409.907, Florida
1181Statutes, is amended to read:
1182     409.907  Medicaid provider agreements.-The agency may make
1183payments for medical assistance and related services rendered to
1184Medicaid recipients only to an individual or entity who has a
1185provider agreement in effect with the agency, who is performing
1186services or supplying goods in accordance with federal, state,
1187and local law, and who agrees that no person shall, on the
1188grounds of handicap, race, color, or national origin, or for any
1189other reason, be subjected to discrimination under any program
1190or activity for which the provider receives payment from the
1191agency.
1192     (8)(a)  Each provider, or each principal of the provider if
1193the provider is a corporation, partnership, association, or
1194other entity, seeking to participate in the Medicaid program
1195must submit a complete set of his or her fingerprints to the
1196agency for the purpose of conducting a criminal history record
1197check. Principals of the provider include any officer, director,
1198billing agent, managing employee, or affiliated person, or any
1199partner or shareholder who has an ownership interest equal to 5
1200percent or more in the provider. However, a director of a not-
1201for-profit corporation or organization is not a principal for
1202purposes of a background investigation as required by this
1203section if the director: serves solely in a voluntary capacity
1204for the corporation or organization, does not regularly take
1205part in the day-to-day operational decisions of the corporation
1206or organization, receives no remuneration from the not-for-
1207profit corporation or organization for his or her service on the
1208board of directors, has no financial interest in the not-for-
1209profit corporation or organization, and has no family members
1210with a financial interest in the not-for-profit corporation or
1211organization; and if the director submits an affidavit, under
1212penalty of perjury, to this effect to the agency and the not-
1213for-profit corporation or organization submits an affidavit,
1214under penalty of perjury, to this effect to the agency as part
1215of the corporation's or organization's Medicaid provider
1216agreement application. Notwithstanding the above, the agency may
1217require a background check for any person reasonably suspected
1218by the agency to have been convicted of a crime. This subsection
1219does shall not apply to:
1220     1.  A hospital licensed under chapter 395;
1221     2.  A nursing home licensed under chapter 400;
1222     3.  A hospice licensed under chapter 400;
1223     4.  An assisted living facility licensed under chapter 429;
1224     5.  A unit of local government, except that requirements of
1225this subsection apply to nongovernmental providers and entities
1226when contracting with the local government to provide Medicaid
1227services. The actual cost of the state and national criminal
1228history record checks must be borne by the nongovernmental
1229provider or entity; or
1230     6.  Any business that derives more than 50 percent of its
1231revenue from the sale of goods to the final consumer, and the
1232business or its controlling parent either is required to file a
1233form 10-K or other similar statement with the Securities and
1234Exchange Commission or has a net worth of $50 million or more.
1235     (b)  Background screening shall be conducted in accordance
1236with chapter 435 and s. 408.809. The agency shall submit the
1237fingerprints to the Department of Law Enforcement. The
1238department shall conduct a state criminal-background
1239investigation and forward the fingerprints to the Federal Bureau
1240of Investigation for a national criminal-history record check.
1241The cost of the state and national criminal record check shall
1242be borne by the provider.
1243     (c)  The agency may permit a provider to participate in the
1244Medicaid program pending the results of the criminal record
1245check. However, such permission is fully revocable if the record
1246check reveals any crime-related history as provided in
1247subsection (10).
1248     (c)(d)  Proof of compliance with the requirements of level
12492 screening under chapter 435 s. 435.04 conducted within 12
1250months before prior to the date that the Medicaid provider
1251application is submitted to the agency fulfills shall fulfill
1252the requirements of this subsection. Proof of compliance with
1253the requirements of level 1 screening under s. 435.03 conducted
1254within 12 months prior to the date that the Medicaid provider
1255application is submitted to the agency shall meet the
1256requirement that the Department of Law Enforcement conduct a
1257state criminal history record check.
1258     Section 26.  Paragraph (b) of subsection (48) of section
1259409.912, Florida Statutes, is amended to read:
1260     409.912  Cost-effective purchasing of health care.-The
1261agency shall purchase goods and services for Medicaid recipients
1262in the most cost-effective manner consistent with the delivery
1263of quality medical care. To ensure that medical services are
1264effectively utilized, the agency may, in any case, require a
1265confirmation or second physician's opinion of the correct
1266diagnosis for purposes of authorizing future services under the
1267Medicaid program. This section does not restrict access to
1268emergency services or poststabilization care services as defined
1269in 42 C.F.R. part 438.114. Such confirmation or second opinion
1270shall be rendered in a manner approved by the agency. The agency
1271shall maximize the use of prepaid per capita and prepaid
1272aggregate fixed-sum basis services when appropriate and other
1273alternative service delivery and reimbursement methodologies,
1274including competitive bidding pursuant to s. 287.057, designed
1275to facilitate the cost-effective purchase of a case-managed
1276continuum of care. The agency shall also require providers to
1277minimize the exposure of recipients to the need for acute
1278inpatient, custodial, and other institutional care and the
1279inappropriate or unnecessary use of high-cost services. The
1280agency shall contract with a vendor to monitor and evaluate the
1281clinical practice patterns of providers in order to identify
1282trends that are outside the normal practice patterns of a
1283provider's professional peers or the national guidelines of a
1284provider's professional association. The vendor must be able to
1285provide information and counseling to a provider whose practice
1286patterns are outside the norms, in consultation with the agency,
1287to improve patient care and reduce inappropriate utilization.
1288The agency may mandate prior authorization, drug therapy
1289management, or disease management participation for certain
1290populations of Medicaid beneficiaries, certain drug classes, or
1291particular drugs to prevent fraud, abuse, overuse, and possible
1292dangerous drug interactions. The Pharmaceutical and Therapeutics
1293Committee shall make recommendations to the agency on drugs for
1294which prior authorization is required. The agency shall inform
1295the Pharmaceutical and Therapeutics Committee of its decisions
1296regarding drugs subject to prior authorization. The agency is
1297authorized to limit the entities it contracts with or enrolls as
1298Medicaid providers by developing a provider network through
1299provider credentialing. The agency may competitively bid single-
1300source-provider contracts if procurement of goods or services
1301results in demonstrated cost savings to the state without
1302limiting access to care. The agency may limit its network based
1303on the assessment of beneficiary access to care, provider
1304availability, provider quality standards, time and distance
1305standards for access to care, the cultural competence of the
1306provider network, demographic characteristics of Medicaid
1307beneficiaries, practice and provider-to-beneficiary standards,
1308appointment wait times, beneficiary use of services, provider
1309turnover, provider profiling, provider licensure history,
1310previous program integrity investigations and findings, peer
1311review, provider Medicaid policy and billing compliance records,
1312clinical and medical record audits, and other factors. Providers
1313shall not be entitled to enrollment in the Medicaid provider
1314network. The agency shall determine instances in which allowing
1315Medicaid beneficiaries to purchase durable medical equipment and
1316other goods is less expensive to the Medicaid program than long-
1317term rental of the equipment or goods. The agency may establish
1318rules to facilitate purchases in lieu of long-term rentals in
1319order to protect against fraud and abuse in the Medicaid program
1320as defined in s. 409.913. The agency may seek federal waivers
1321necessary to administer these policies.
1322     (48)
1323     (b)  The agency shall limit its network of durable medical
1324equipment and medical supply providers. For dates of service
1325after January 1, 2009, the agency shall limit payment for
1326durable medical equipment and supplies to providers that meet
1327all the requirements of this paragraph.
1328     1.  Providers must be accredited by a Centers for Medicare
1329and Medicaid Services deemed accreditation organization for
1330suppliers of durable medical equipment, prosthetics, orthotics,
1331and supplies. The provider must maintain accreditation and is
1332subject to unannounced reviews by the accrediting organization.
1333     2.  Providers must provide the services or supplies
1334directly to the Medicaid recipient or caregiver at the provider
1335location or recipient's residence or send the supplies directly
1336to the recipient's residence with receipt of mailed delivery.
1337Subcontracting or consignment of the service or supply to a
1338third party is prohibited.
1339     3.  Notwithstanding subparagraph 2., a durable medical
1340equipment provider may store nebulizers at a physician's office
1341for the purpose of having the physician's staff issue the
1342equipment if it meets all of the following conditions:
1343     a.  The physician must document the medical necessity and
1344need to prevent further deterioration of the patient's
1345respiratory status by the timely delivery of the nebulizer in
1346the physician's office.
1347     b.  The durable medical equipment provider must have
1348written documentation of the competency and training by a
1349Florida-licensed registered respiratory therapist of any durable
1350medical equipment staff who participate in the training of
1351physician office staff for the use of nebulizers, including
1352cleaning, warranty, and special needs of patients.
1353     c.  The physician's office must have documented the
1354training and competency of any staff member who initiates the
1355delivery of nebulizers to patients. The durable medical
1356equipment provider must maintain copies of all physician office
1357training.
1358     d.  The physician's office must maintain inventory records
1359of stored nebulizers, including documentation of the durable
1360medical equipment provider source.
1361     e.  A physician contracted with a Medicaid durable medical
1362equipment provider may not have a financial relationship with
1363that provider or receive any financial gain from the delivery of
1364nebulizers to patients.
1365     4.  Providers must have a physical business location and a
1366functional landline business phone. The location must be within
1367the state or not more than 50 miles from the Florida state line.
1368The agency may make exceptions for providers of durable medical
1369equipment or supplies not otherwise available from other
1370enrolled providers located within the state.
1371     5.  Physical business locations must be clearly identified
1372as a business that furnishes durable medical equipment or
1373medical supplies by signage that can be read from 20 feet away.
1374The location must be readily accessible to the public during
1375normal, posted business hours and must operate at least no less
1376than 5 hours per day and at least no less than 5 days per week,
1377with the exception of scheduled and posted holidays. The
1378location may not be located within or at the same numbered
1379street address as another enrolled Medicaid durable medical
1380equipment or medical supply provider or as an enrolled Medicaid
1381pharmacy that is also enrolled as a durable medical equipment
1382provider. A licensed orthotist or prosthetist that provides only
1383orthotic or prosthetic devices as a Medicaid durable medical
1384equipment provider is exempt from the provisions in this
1385paragraph.
1386     6.  Providers must maintain a stock of durable medical
1387equipment and medical supplies on site that is readily available
1388to meet the needs of the durable medical equipment business
1389location's customers.
1390     7.  Providers must provide a surety bond of $50,000 for
1391each provider location, up to a maximum of 5 bonds statewide or
1392an aggregate bond of $250,000 statewide, as identified by
1393Federal Employer Identification Number. Providers who post a
1394statewide or an aggregate bond must identify all of their
1395locations in any Medicaid durable medical equipment and medical
1396supply provider enrollment application or bond renewal. Each
1397provider location's surety bond must be renewed annually and the
1398provider must submit proof of renewal even if the original bond
1399is a continuous bond. A licensed orthotist or prosthetist that
1400provides only orthotic or prosthetic devices as a Medicaid
1401durable medical equipment provider is exempt from the provisions
1402in this paragraph.
1403     8.  Providers must obtain a level 2 background screening,
1404in accordance with chapter 435 and s. 408.809 as provided under
1405s. 435.04, for each provider employee in direct contact with or
1406providing direct services to recipients of durable medical
1407equipment and medical supplies in their homes. This requirement
1408includes, but is not limited to, repair and service technicians,
1409fitters, and delivery staff. The provider shall pay for the cost
1410of the background screening.
1411     9.  The following providers are exempt from the
1412requirements of subparagraphs 1. and 7.:
1413     a.  Durable medical equipment providers owned and operated
1414by a government entity.
1415     b.  Durable medical equipment providers that are operating
1416within a pharmacy that is currently enrolled as a Medicaid
1417pharmacy provider.
1418     c.  Active, Medicaid-enrolled orthopedic physician groups,
1419primarily owned by physicians, which provide only orthotic and
1420prosthetic devices.
1421     Section 27.  Subsection (12) is added to section 411.01,
1422Florida Statutes, to read:
1423     411.01  School readiness programs; early learning
1424coalitions.-
1425     (12)  SUBSTITUTE INSTRUCTORS.-Each school district shall
1426make a list of all individuals currently eligible to act as a
1427substitute teacher within the county pursuant to the rules
1428adopted by the school district pursuant to s. 1012.35 available
1429to an early learning coalition serving students within the
1430school district. Child care facilities, as defined by s.
1431402.302, may employ individuals listed as substitute instructors
1432for the purpose of offering the school readiness program, the
1433Voluntary Prekindergarten Education Program, and all other
1434legally operating child care programs.
1435     Section 28.  Subsection (1) of section 429.14, Florida
1436Statutes, is amended to read:
1437     429.14  Administrative penalties.-
1438     (1)  In addition to the requirements of part II of chapter
1439408, the agency may deny, revoke, and suspend any license issued
1440under this part and impose an administrative fine in the manner
1441provided in chapter 120 against a licensee of an assisted living
1442facility for a violation of any provision of this part, part II
1443of chapter 408, or applicable rules, or for any of the following
1444actions by a licensee of an assisted living facility, for the
1445actions of any person subject to level 2 background screening
1446under s. 408.809, or for the actions of any facility employee:
1447     (a)  An intentional or negligent act seriously affecting
1448the health, safety, or welfare of a resident of the facility.
1449     (b)  The determination by the agency that the owner lacks
1450the financial ability to provide continuing adequate care to
1451residents.
1452     (c)  Misappropriation or conversion of the property of a
1453resident of the facility.
1454     (d)  Failure to follow the criteria and procedures provided
1455under part I of chapter 394 relating to the transportation,
1456voluntary admission, and involuntary examination of a facility
1457resident.
1458     (e)  A citation of any of the following deficiencies as
1459specified in s. 429.19:
1460     1.  One or more cited class I deficiencies.
1461     2.  Three or more cited class II deficiencies.
1462     3.  Five or more cited class III deficiencies that have
1463been cited on a single survey and have not been corrected within
1464the times specified.
1465     (f)  Failure to comply with the A determination that a
1466person subject to level 2 background screening under s. 408.809
1467does not meet the screening standards of this part, s.
1468408.809(1), or chapter 435 s. 435.04 or that the facility is
1469retaining an employee subject to level 1 background screening
1470standards under s. 429.174 who does not meet the screening
1471standards of s. 435.03 and for whom exemptions from
1472disqualification have not been provided by the agency.
1473     (g)  A determination that an employee, volunteer,
1474administrator, or owner, or person who otherwise has access to
1475the residents of a facility does not meet the criteria specified
1476in s. 435.03(2), and the owner or administrator has not taken
1477action to remove the person. Exemptions from disqualification
1478may be granted as set forth in s. 435.07. No administrative
1479action may be taken against the facility if the person is
1480granted an exemption.
1481     (g)(h)  Violation of a moratorium.
1482     (h)(i)  Failure of the license applicant, the licensee
1483during relicensure, or a licensee that holds a provisional
1484license to meet the minimum license requirements of this part,
1485or related rules, at the time of license application or renewal.
1486     (i)(j)  An intentional or negligent life-threatening act in
1487violation of the uniform firesafety standards for assisted
1488living facilities or other firesafety standards that threatens
1489the health, safety, or welfare of a resident of a facility, as
1490communicated to the agency by the local authority having
1491jurisdiction or the State Fire Marshal.
1492     (j)(k)  Knowingly operating any unlicensed facility or
1493providing without a license any service that must be licensed
1494under this chapter or chapter 400.
1495     (k)(l)  Any act constituting a ground upon which
1496application for a license may be denied.
1497     Section 29.  Section 429.174, Florida Statutes, is amended
1498to read:
1499     429.174  Background screening; exemptions.-The agency shall
1500require level 2 background screening for personnel as required
1501in s. 408.809(1)(e) pursuant to chapter 435 and s. 408.809. The
1502owner or administrator of an assisted living facility must
1503conduct level 1 background screening, as set forth in chapter
1504435, on all employees hired on or after October 1, 1998, who
1505perform personal services as defined in s. 429.02(16). The
1506agency may exempt an individual from employment disqualification
1507as set forth in chapter 435. Such persons shall be considered as
1508having met this requirement if:
1509     (1)  Proof of compliance with level 1 screening
1510requirements obtained to meet any professional license
1511requirements in this state is provided and accompanied, under
1512penalty of perjury, by a copy of the person's current
1513professional license and an affidavit of current compliance with
1514the background screening requirements.
1515     (2)  The person required to be screened has been
1516continuously employed in the same type of occupation for which
1517the person is seeking employment without a breach in service
1518which exceeds 180 days, and proof of compliance with the level 1
1519screening requirement which is no more than 2 years old is
1520provided. Proof of compliance shall be provided directly from
1521one employer or contractor to another, and not from the person
1522screened. Upon request, a copy of screening results shall be
1523provided by the employer retaining documentation of the
1524screening to the person screened.
1525     (3)  The person required to be screened is employed by a
1526corporation or business entity or related corporation or
1527business entity that owns, operates, or manages more than one
1528facility or agency licensed under this chapter, and for whom a
1529level 1 screening was conducted by the corporation or business
1530entity as a condition of initial or continued employment.
1531     Section 30.  Subsection (4) of section 429.67, Florida
1532Statutes, is amended to read:
1533     429.67  Licensure.-
1534     (4)  Upon receipt of a completed license application or
1535license renewal, and the fee, The agency shall require level 2
1536initiate a level 1 background screening for personnel as
1537required in s. 408.809(1)(e), including as provided under
1538chapter 435 on the adult family-care home provider, the
1539designated relief person, and all adult household members,
1540pursuant to chapter 435 and s. 408.809, and all staff members.
1541     (a)  Proof of compliance with level 1 screening standards
1542which has been submitted within the previous 5 years to meet any
1543facility or professional licensure requirements of the agency or
1544the Department of Health satisfies the requirements of this
1545subsection. Such proof must be accompanied, under penalty of
1546perjury, by a copy of the person's current professional license
1547and an affidavit of current compliance with the background
1548screening requirements.
1549     (b)  The person required to be screened must have been
1550continuously employed in the same type of occupation for which
1551the person is seeking employment without a breach in service
1552that exceeds 180 days, and proof of compliance with the level 1
1553screening requirement which is no more than 2 years old must be
1554provided. Proof of compliance shall be provided directly from
1555one employer or contractor to another, and not from the person
1556screened. Upon request, a copy of screening results shall be
1557provided to the person screened by the employer retaining
1558documentation of the screening.
1559     Section 31.  Section 429.69, Florida Statutes, is amended
1560to read:
1561     429.69  Denial, revocation, and suspension of a license.-In
1562addition to the requirements of part II of chapter 408, the
1563agency may deny, suspend, and revoke a license for any of the
1564following reasons:
1565     (1)  Failure to comply with the of any of the persons
1566required to undergo background screening standards of this part,
1567s. 408.809(1), or chapter 435 under s. 429.67 to meet the level
15681 screening standards of s. 435.03, unless an exemption from
1569disqualification has been provided by the agency.
1570     (2)  Failure to correct cited fire code violations that
1571threaten the health, safety, or welfare of residents.
1572     Section 32.  Paragraph (c) of subsection (2) of section
1573429.911, Florida Statutes, is amended to read:
1574     429.911  Denial, suspension, revocation of license;
1575emergency action; administrative fines; investigations and
1576inspections.-
1577     (2)  Each of the following actions by the owner of an adult
1578day care center or by its operator or employee is a ground for
1579action by the agency against the owner of the center or its
1580operator or employee:
1581     (c)  A Failure to comply with the of persons subject to
1582level 2 background screening standards of this part, s.
1583408.809(1), or chapter 435 under s. 408.809 to meet the
1584screening standards of s. 435.04, or the retention by the center
1585of an employee subject to level 1 background screening standards
1586under s. 429.174 who does not meet the screening standards of s.
1587435.03 and for whom exemptions from disqualification have not
1588been provided by the agency.
1589     Section 33.  Section 429.919, Florida Statutes, is amended
1590to read:
1591     429.919  Background screening.-The agency shall require
1592level 2 background screening for personnel as required in s.
1593408.809(1)(e) pursuant to chapter 435 and s. 408.809. The owner
1594or administrator of an adult day care center must conduct level
15951 background screening as set forth in chapter 435 on all
1596employees hired on or after October 1, 1998, who provide basic
1597services or supportive and optional services to the
1598participants. Such persons satisfy this requirement if:
1599     (1)  Proof of compliance with level 1 screening
1600requirements obtained to meet any professional license
1601requirements in this state is provided and accompanied, under
1602penalty of perjury, by a copy of the person's current
1603professional license and an affidavit of current compliance with
1604the background screening requirements.
1605     (2)  The person required to be screened has been
1606continuously employed, without a breach in service that exceeds
1607180 days, in the same type of occupation for which the person is
1608seeking employment and provides proof of compliance with the
1609level 1 screening requirement which is no more than 2 years old.
1610Proof of compliance must be provided directly from one employer
1611or contractor to another, and not from the person screened. Upon
1612request, a copy of screening results shall be provided to the
1613person screened by the employer retaining documentation of the
1614screening.
1615     (3)  The person required to be screened is employed by a
1616corporation or business entity or related corporation or
1617business entity that owns, operates, or manages more than one
1618facility or agency licensed under chapter 400 or this chapter,
1619and for whom a level 1 screening was conducted by the
1620corporation or business entity as a condition of initial or
1621continued employment.
1622     Section 34.  Section 430.0402, Florida Statutes, is created
1623to read:
1624     430.0402  Screening of direct service providers.-
1625     (1)(a)  Level 2 background screening pursuant to chapter
1626435 is required for direct service providers. Background
1627screening includes employment history checks as provided in s.
1628435.03(1) and local criminal records checks through local law
1629enforcement agencies.
1630     (b)  For purposes of this section, the term "direct service
1631provider" means a person 18 years of age or older who, pursuant
1632to a program to provide services to the elderly, has direct,
1633face-to-face contact with a client while providing services to
1634the client or has access to the client's living areas or to the
1635client's funds or personal property. The term includes
1636coordinators, managers, and supervisors of residential
1637facilities and volunteers.
1638     (2)  Licensed physicians, nurses, or other professionals
1639licensed by the Department of Health are not subject to
1640background screening if they are providing a service that is
1641within the scope of their licensed practice.
1642     (3)  Refusal on the part of an employer to dismiss a
1643manager, supervisor, or direct service provider who has been
1644found to be in noncompliance with standards of this section
1645shall result in the automatic denial, termination, or revocation
1646of the license or certification, rate agreement, purchase order,
1647or contract, in addition to any other remedies authorized by
1648law.
1649     (4)  The background screening conducted pursuant to this
1650section must ensure that, in addition to the disqualifying
1651offenses listed in s. 435.04, no person subject to the
1652provisions of this section has an arrest awaiting final
1653disposition for, has been found guilty of, regardless of
1654adjudication, or entered a plea of nolo contendere or guilty to,
1655or has been adjudicated delinquent and the record has not been
1656sealed or expunged for, any offense prohibited under any of the
1657following provisions of state law or similar law of another
1658jurisdiction:
1659     (a)  Any authorizing statutes, if the offense was a felony.
1660     (b)  Section 409.920, relating to Medicaid provider fraud.
1661     (c)  Section 409.9201, relating to Medicaid fraud.
1662     (d)  Section 817.034, relating to fraudulent acts through
1663mail, wire, radio, electromagnetic, photoelectronic, or
1664photooptical systems.
1665     (e)  Section 817.234, relating to false and fraudulent
1666insurance claims.
1667     (f)  Section 817.505, relating to patient brokering.
1668     (g)  Section 817.568, relating to criminal use of personal
1669identification information.
1670     (h)  Section 817.60, relating to obtaining a credit card
1671through fraudulent means.
1672     (i)  Section 817.61, relating to fraudulent use of credit
1673cards, if the offense was a felony.
1674     (j)  Section 831.01, relating to forgery.
1675     (k)  Section 831.02, relating to uttering forged
1676instruments.
1677     (l)  Section 831.07, relating to forging bank bills,
1678checks, drafts, or promissory notes.
1679     (m)  Section 831.09, relating to uttering forged bank
1680bills, checks, drafts, or promissory notes.
1681     Section 35.  Section 435.01, Florida Statutes, is amended
1682to read:
1683     435.01  Applicability of this chapter; statutory
1684references; rulemaking.-
1685     (1)(a)  Unless otherwise provided by law, whenever a
1686background screening for employment or a background security
1687check is required by law to be conducted pursuant to this
1688chapter for employment, unless otherwise provided by law, the
1689provisions of this chapter shall apply.
1690     (b)  Unless expressly provided otherwise, a reference in
1691any section of the Florida Statutes to chapter 435 or to any
1692section or sections or portion of a section of chapter 435
1693includes all subsequent amendments to chapter 435 or to the
1694referenced section or sections or portions of a section. The
1695purpose of this chapter is to facilitate uniform background
1696screening and, to this end, a reference to this chapter, or to
1697any section or subdivision within this chapter, constitutes a
1698general reference under the doctrine of incorporation by
1699reference.
1700     (2)  Agencies may adopt rules to administer this chapter.
1701     Section 36.  Section 435.02, Florida Statutes, is reordered
1702and amended to read:
1703     435.02  Definitions.-For the purposes of this chapter, the
1704term:
1705     (2)(1)  "Employee" means any person required by law to be
1706screened pursuant to the provisions of this chapter.
1707     (3)(2)  "Employer" means any person or entity required by
1708law to conduct screening of employees pursuant to this chapter.
1709     (1)(3)  "Licensing Agency" means any state, or county, or
1710municipal agency that which grants licenses or registration
1711permitting the operation of an employer or is itself an employer
1712or that otherwise facilitates the screening of employees
1713pursuant to this chapter. If When there is no state licensing
1714agency or the municipal or county licensing agency chooses not
1715to conduct employment screening, "licensing agency" means the
1716Department of Children and Family Services.
1717     (4)  "Employment" means any activity or service sought to
1718be performed by an employee which requires the employee to be
1719screened pursuant to this chapter.
1720     (5)  "Vulnerable person" means a minor as defined in s.
17211.01 or a vulnerable adult as defined in s. 415.102.
1722     Section 37.  Section 435.03, Florida Statutes, is amended
1723to read:
1724     435.03  Level 1 screening standards.-
1725     (1)  All employees required by law to be screened pursuant
1726to this section must shall be required to undergo background
1727screening as a condition of employment and continued employment
1728which includes. For the purposes of this subsection, level 1
1729screenings shall include, but need not be limited to, employment
1730history checks and statewide criminal correspondence checks
1731through the Florida Department of Law Enforcement, a check of
1732the Dru Sjodin National Sex Offender Public Website, and may
1733include local criminal records checks through local law
1734enforcement agencies.
1735     (2)  Any person required by law to be screened pursuant to
1736this section must not have an arrest awaiting final disposition,
1737for whom employment screening is required by statute must not
1738have been found guilty of, regardless of adjudication, or
1739entered a plea of nolo contendere or guilty to, and must not
1740have been adjudicated delinquent and the record has not been
1741sealed or expunged for, any offense prohibited under s.
1742435.04(2) any of the following provisions of the Florida
1743Statutes or under any similar law statute of another
1744jurisdiction.:
1745     (a)  Section 393.135, relating to sexual misconduct with
1746certain developmentally disabled clients and reporting of such
1747sexual misconduct.
1748     (b)  Section 394.4593, relating to sexual misconduct with
1749certain mental health patients and reporting of such sexual
1750misconduct.
1751     (c)  Section 415.111, relating to abuse, neglect, or
1752exploitation of a vulnerable adult.
1753     (d)  Section 782.04, relating to murder.
1754     (e)  Section 782.07, relating to manslaughter, aggravated
1755manslaughter of an elderly person or disabled adult, or
1756aggravated manslaughter of a child.
1757     (f)  Section 782.071, relating to vehicular homicide.
1758     (g)  Section 782.09, relating to killing of an unborn quick
1759child by injury to the mother.
1760     (h)  Section 784.011, relating to assault, if the victim of
1761the offense was a minor.
1762     (i)  Section 784.021, relating to aggravated assault.
1763     (j)  Section 784.03, relating to battery, if the victim of
1764the offense was a minor.
1765     (k)  Section 784.045, relating to aggravated battery.
1766     (l)  Section 787.01, relating to kidnapping.
1767     (m)  Section 787.02, relating to false imprisonment.
1768     (n)  Section 794.011, relating to sexual battery.
1769     (o)  Former s. 794.041, relating to prohibited acts of
1770persons in familial or custodial authority.
1771     (p)  Chapter 796, relating to prostitution.
1772     (q)  Section 798.02, relating to lewd and lascivious
1773behavior.
1774     (r)  Chapter 800, relating to lewdness and indecent
1775exposure.
1776     (s)  Section 806.01, relating to arson.
1777     (t)  Chapter 812, relating to theft, robbery, and related
1778crimes, if the offense was a felony.
1779     (u)  Section 817.563, relating to fraudulent sale of
1780controlled substances, only if the offense was a felony.
1781     (v)  Section 825.102, relating to abuse, aggravated abuse,
1782or neglect of an elderly person or disabled adult.
1783     (w)  Section 825.1025, relating to lewd or lascivious
1784offenses committed upon or in the presence of an elderly person
1785or disabled adult.
1786     (x)  Section 825.103, relating to exploitation of an
1787elderly person or disabled adult, if the offense was a felony.
1788     (y)  Section 826.04, relating to incest.
1789     (z)  Section 827.03, relating to child abuse, aggravated
1790child abuse, or neglect of a child.
1791     (aa)  Section 827.04, relating to contributing to the
1792delinquency or dependency of a child.
1793     (bb)  Former s. 827.05, relating to negligent treatment of
1794children.
1795     (cc)  Section 827.071, relating to sexual performance by a
1796child.
1797     (dd)  Chapter 847, relating to obscene literature.
1798     (ee)  Chapter 893, relating to drug abuse prevention and
1799control, only if the offense was a felony or if any other person
1800involved in the offense was a minor.
1801     (ff)  Section 916.1075, relating to sexual misconduct with
1802certain forensic clients and reporting of such sexual
1803misconduct.
1804     (3)  The security background investigations under this
1805section must ensure that no person subject to this section has
1806been found guilty of, regardless of adjudication, or entered a
1807plea of nolo contendere or guilty to, any offense that
1808constitutes domestic violence as defined in s. 741.28, whether
1809such act was committed in this state or in another jurisdiction.
1810Standards must also ensure that the person:
1811     (a)  For employees and employers licensed or registered
1812pursuant to chapter 400 or chapter 429, and for employees and
1813employers of developmental disabilities centers as defined in s.
1814393.063, intermediate care facilities for the developmentally
1815disabled as defined in s. 400.960, and mental health treatment
1816facilities as defined in s. 394.455, meets the requirements of
1817this chapter.
1818     (b)  Has not committed an act that constitutes domestic
1819violence as defined in s. 741.28.
1820     Section 38.  Section 435.04, Florida Statutes, is amended
1821to read:
1822     435.04  Level 2 screening standards.-
1823     (1)(a)  All employees required by law to be screened
1824pursuant to this section must in positions designated by law as
1825positions of trust or responsibility shall be required to
1826undergo security background investigations as a condition of
1827employment and continued employment which includes. For the
1828purposes of this subsection, security background investigations
1829shall include, but need not be limited to, fingerprinting for
1830statewide criminal history records all purposes and checks in
1831this subsection, statewide criminal and juvenile records checks
1832through the Florida Department of Law Enforcement, and national
1833federal criminal history records checks through the Federal
1834Bureau of Investigation, and may include local criminal records
1835checks through local law enforcement agencies.
1836     (b)  Fingerprints submitted pursuant to this section on or
1837after July 1, 2012, must be submitted electronically to the
1838Department of Law Enforcement.
1839     (c)  An agency may contract with one or more vendors to
1840perform all or part of the electronic fingerprinting pursuant to
1841this section. Such contracts must ensure that the owners and
1842personnel of the vendor performing the electronic fingerprinting
1843are qualified and will ensure the integrity and security of all
1844personal information.
1845     (d)  An agency may require by rule that fingerprints
1846submitted pursuant to this section must be submitted
1847electronically to the Department of Law Enforcement on a date
1848earlier than July 1, 2012.
1849     (2)  The security background investigations under this
1850section must ensure that no persons subject to the provisions of
1851this section have been arrested for and are awaiting final
1852disposition of, have been found guilty of, regardless of
1853adjudication, or entered a plea of nolo contendere or guilty to,
1854or have been adjudicated delinquent and the record has not been
1855sealed or expunged for, any offense prohibited under any of the
1856following provisions of state law the Florida Statutes or under
1857any similar law statute of another jurisdiction:
1858     (a)  Section 393.135, relating to sexual misconduct with
1859certain developmentally disabled clients and reporting of such
1860sexual misconduct.
1861     (b)  Section 394.4593, relating to sexual misconduct with
1862certain mental health patients and reporting of such sexual
1863misconduct.
1864     (c)  Section 415.111, relating to adult abuse, neglect, or
1865exploitation of aged persons or disabled adults.
1866     (d)  Section 782.04, relating to murder.
1867     (e)  Section 782.07, relating to manslaughter, aggravated
1868manslaughter of an elderly person or disabled adult, or
1869aggravated manslaughter of a child.
1870     (f)  Section 782.071, relating to vehicular homicide.
1871     (g)  Section 782.09, relating to killing of an unborn quick
1872child by injury to the mother.
1873     (h)  Chapter 784, relating to assault, battery, and
1874culpable negligence, if the offense was a felony.
1875     (i)(h)  Section 784.011, relating to assault, if the victim
1876of the offense was a minor.
1877     (i)  Section 784.021, relating to aggravated assault.
1878     (j)  Section 784.03, relating to battery, if the victim of
1879the offense was a minor.
1880     (k)  Section 784.045, relating to aggravated battery.
1881     (l)  Section 784.075, relating to battery on a detention or
1882commitment facility staff.
1883     (k)(m)  Section 787.01, relating to kidnapping.
1884     (l)(n)  Section 787.02, relating to false imprisonment.
1885     (m)  Section 787.025, relating to luring or enticing a
1886child.
1887     (n)(o)  Section 787.04(2), relating to taking, enticing, or
1888removing a child beyond the state limits with criminal intent
1889pending custody proceedings.
1890     (o)(p)  Section 787.04(3), relating to carrying a child
1891beyond the state lines with criminal intent to avoid producing a
1892child at a custody hearing or delivering the child to the
1893designated person.
1894     (p)(q)  Section 790.115(1), relating to exhibiting firearms
1895or weapons within 1,000 feet of a school.
1896     (q)(r)  Section 790.115(2)(b), relating to possessing an
1897electric weapon or device, destructive device, or other weapon
1898on school property.
1899     (r)(s)  Section 794.011, relating to sexual battery.
1900     (s)(t)  Former s. 794.041, relating to prohibited acts of
1901persons in familial or custodial authority.
1902     (t)  Section 794.05, relating to unlawful sexual activity
1903with certain minors.
1904     (u)  Chapter 796, relating to prostitution.
1905     (v)  Section 798.02, relating to lewd and lascivious
1906behavior.
1907     (w)  Chapter 800, relating to lewdness and indecent
1908exposure.
1909     (x)  Section 806.01, relating to arson.
1910     (y)  Section 810.02, relating to burglary.
1911     (z)  Section 810.14, relating to voyeurism, if the offense
1912is a felony.
1913     (aa)  Section 810.145, relating to video voyeurism, if the
1914offense is a felony.
1915     (bb)(y)  Chapter 812, relating to theft, robbery, and
1916related crimes, if the offense is a felony.
1917     (cc)(z)  Section 817.563, relating to fraudulent sale of
1918controlled substances, only if the offense was a felony.
1919     (dd)(aa)  Section 825.102, relating to abuse, aggravated
1920abuse, or neglect of an elderly person or disabled adult.
1921     (ee)(bb)  Section 825.1025, relating to lewd or lascivious
1922offenses committed upon or in the presence of an elderly person
1923or disabled adult.
1924     (ff)(cc)  Section 825.103, relating to exploitation of an
1925elderly person or disabled adult, if the offense was a felony.
1926     (gg)(dd)  Section 826.04, relating to incest.
1927     (hh)(ee)  Section 827.03, relating to child abuse,
1928aggravated child abuse, or neglect of a child.
1929     (ii)(ff)  Section 827.04, relating to contributing to the
1930delinquency or dependency of a child.
1931     (jj)(gg)  Former s. 827.05, relating to negligent treatment
1932of children.
1933     (kk)(hh)  Section 827.071, relating to sexual performance
1934by a child.
1935     (ll)(ii)  Section 843.01, relating to resisting arrest with
1936violence.
1937     (mm)(jj)  Section 843.025, relating to depriving a law
1938enforcement, correctional, or correctional probation officer
1939means of protection or communication.
1940     (nn)(kk)  Section 843.12, relating to aiding in an escape.
1941     (oo)(ll)  Section 843.13, relating to aiding in the escape
1942of juvenile inmates in correctional institutions.
1943     (pp)(mm)  Chapter 847, relating to obscene literature.
1944     (qq)(nn)  Section 874.05(1), relating to encouraging or
1945recruiting another to join a criminal gang.
1946     (rr)(oo)  Chapter 893, relating to drug abuse prevention
1947and control, only if the offense was a felony or if any other
1948person involved in the offense was a minor.
1949     (ss)(pp)  Section 916.1075, relating to sexual misconduct
1950with certain forensic clients and reporting of such sexual
1951misconduct.
1952     (tt)(qq)  Section 944.35(3), relating to inflicting cruel
1953or inhuman treatment on an inmate resulting in great bodily
1954harm.
1955     (uu)  Section 944.40, relating to escape.
1956     (vv)(rr)  Section 944.46, relating to harboring,
1957concealing, or aiding an escaped prisoner.
1958     (ww)(ss)  Section 944.47, relating to introduction of
1959contraband into a correctional facility.
1960     (xx)(tt)  Section 985.701, relating to sexual misconduct in
1961juvenile justice programs.
1962     (yy)(uu)  Section 985.711, relating to contraband
1963introduced into detention facilities.
1964     (3)  The security background investigations under this
1965section must ensure that no person subject to this section has
1966been found guilty of, regardless of adjudication, or entered a
1967plea of nolo contendere or guilty to, any offense that
1968constitutes domestic violence as defined in s. 741.28, whether
1969such act was committed in this state or in another jurisdiction.
1970The security background investigations conducted under this
1971section for employees of the Department of Juvenile Justice must
1972ensure that no persons subject to the provisions of this section
1973have been found guilty of, regardless of adjudication, or
1974entered a plea of nolo contendere or guilty to, any offense
1975prohibited under any of the following provisions of the Florida
1976Statutes or under any similar statute of another jurisdiction:
1977     (a)  Section 784.07, relating to assault or battery of law
1978enforcement officers, firefighters, emergency medical care
1979providers, public transit employees or agents, or other
1980specified officers.
1981     (b)  Section 810.02, relating to burglary, if the offense
1982is a felony.
1983     (c)  Section 944.40, relating to escape.
1984
1985     The Department of Juvenile Justice may not remove a
1986disqualification from employment or grant an exemption to any
1987person who is disqualified under this section for any offense
1988disposed of during the most recent 7-year period.
1989     (4)  Standards must also ensure that the person:
1990     (a)  For employees or employers licensed or registered
1991pursuant to chapter 400 or chapter 429, does not have a
1992confirmed report of abuse, neglect, or exploitation as defined
1993in s. 415.102(6), which has been uncontested or upheld under s.
1994415.103.
1995     (b)  Has not committed an act that constitutes domestic
1996violence as defined in s. 741.30.
1997     (5)  Under penalty of perjury, all employees in such
1998positions of trust or responsibility shall attest to meeting the
1999requirements for qualifying for employment and agreeing to
2000inform the employer immediately if convicted of any of the
2001disqualifying offenses while employed by the employer. Each
2002employer of employees in such positions of trust or
2003responsibilities which is licensed or registered by a state
2004agency shall submit to the licensing agency annually or at the
2005time of license renewal, under penalty of perjury, an affidavit
2006of compliance with the provisions of this section.
2007     Section 39.  Section 435.05, Florida Statutes, is amended
2008to read:
2009     435.05  Requirements for covered employees and employers.-
2010Except as otherwise provided by law, the following requirements
2011shall apply to covered employees and employers:
2012     (1)(a)  Every person required by law to be screened
2013pursuant to this chapter must employed in a position for which
2014employment screening is required must, within 5 working days
2015after starting to work, submit to the employer a complete set of
2016information necessary to conduct a screening under this chapter
2017section.
2018     (b)  For level 1 screening, the employer must submit the
2019information necessary for screening to the Florida Department of
2020Law Enforcement within 5 working days after receiving it. The
2021Florida Department of Law Enforcement shall will conduct a
2022search of its records and will respond to the employer or
2023agency. The employer must will inform the employee whether
2024screening has revealed any disqualifying information.
2025     (c)  For level 2 screening, the employer or licensing
2026agency must submit the information necessary for screening to
2027the Florida Department of Law Enforcement within 5 working days
2028after receiving it. The Florida Department of Law Enforcement
2029shall perform a criminal history record check of its will
2030conduct a search of its criminal and juvenile records and will
2031request that the Federal Bureau of Investigation perform a
2032national criminal history record check conduct a search of its
2033records for each employee for whom the request is made. The
2034Florida Department of Law Enforcement shall will respond to the
2035employer or licensing agency, and the employer or licensing
2036agency must will inform the employee whether screening has
2037revealed disqualifying information.
2038     (d)  The person whose background is being checked must
2039supply any missing criminal or other necessary information upon
2040request to the requesting employer or agency within 30 days
2041after receiving the employer makes a request for the information
2042or be subject to automatic disqualification.
2043     (2)  Every employee must attest, subject to penalty of
2044perjury, to meeting the requirements for qualifying for
2045employment pursuant to this chapter and agreeing to inform the
2046employer immediately if arrested for any of the disqualifying
2047offenses while employed by the employer. Unless otherwise
2048prohibited by state or federal law, new employees may be placed
2049on probationary status pending a determination of compliance
2050with minimum standards set forth in this chapter.
2051     (3)  Each employer licensed or registered with an agency
2052must required to conduct level 2 background screening and must
2053submit to the agency sign an affidavit annually or at the time
2054of license renewal, under penalty of perjury, a signed affidavit
2055attesting to compliance with the provisions of this chapter
2056stating that all covered employees have been screened or are
2057newly hired and are awaiting the results of the required
2058screening checks.
2059     Section 40.  Section 435.06, Florida Statutes, is amended
2060to read:
2061     435.06  Exclusion from employment.-
2062     (1)  If When an employer or licensing agency has reasonable
2063cause to believe that grounds exist for the denial or
2064termination of employment of any employee as a result of
2065background screening, it shall notify the employee in writing,
2066stating the specific record that which indicates noncompliance
2067with the standards in this chapter section. It is shall be the
2068responsibility of the affected employee to contest his or her
2069disqualification or to request exemption from disqualification.
2070The only basis for contesting the disqualification is shall be
2071proof of mistaken identity.
2072     (2)(a)  An employer may not hire, select, or otherwise
2073allow an employee to have contact with any vulnerable person
2074that would place the employee in a role that requires background
2075screening until the screening process is completed and
2076demonstrates the absence of any grounds for the denial or
2077termination of employment. If the screening process shows any
2078grounds for the denial or termination of employment, the
2079employer may not hire, select, or otherwise allow the employee
2080to have contact with any vulnerable person that would place the
2081employee in a role that requires background screening unless the
2082employee is granted an exemption for the disqualification by the
2083agency as provided under s. 435.07.
2084     (b)  If an employer becomes aware that an employee has been
2085arrested for a disqualifying offense, the employer must remove
2086the employee from contact with any vulnerable person that places
2087the employee in a role that requires background screening until
2088the arrest is resolved in a way that the employer determines
2089that the employee is still eligible for employment under this
2090chapter.
2091     (c)  The employer must either terminate the employment of
2092any of its personnel found to be in noncompliance with the
2093minimum standards of this chapter for good moral character
2094contained in this section or place the employee in a position
2095for which background screening is not required unless the
2096employee is granted an exemption from disqualification pursuant
2097to s. 435.07.
2098     (3)  Any employee person who is required to undergo
2099employment screening and who refuses to cooperate in such
2100screening or refuses to timely submit the information necessary
2101to complete the screening, including fingerprints if when
2102required, must shall be disqualified for employment in such
2103position or, if employed, must shall be dismissed.
2104     (4)  There is no unemployment compensation or other
2105monetary liability on the part of, and no cause of action for
2106damages against, an employer that, upon notice of a conviction
2107or arrest for a disqualifying offense listed under this chapter,
2108terminates the person against whom the report was issued or who
2109was arrested, regardless of whether or not that person has filed
2110for an exemption pursuant to this chapter.
2111     Section 41.  Section 435.07, Florida Statutes, is amended
2112to read:
2113     435.07  Exemptions from disqualification.-Unless otherwise
2114provided by law, the provisions of this section shall apply to
2115exemptions from disqualification for disqualifying offenses
2116revealed pursuant to background screenings required under this
2117chapter, regardless of whether those disqualifying offenses are
2118listed in this chapter or other laws.
2119     (1)  The head of the appropriate licensing agency may grant
2120to any employee otherwise disqualified from employment an
2121exemption from disqualification for:
2122     (a)  Felonies for which at least 3 years have elapsed since
2123the applicant for the exemption has completed or been lawfully
2124released from confinement, supervision, or sanction for the
2125disqualifying felony committed more than 3 years prior to the
2126date of disqualification;
2127     (b)  Misdemeanors prohibited under any of the Florida
2128statutes cited in this chapter or under similar statutes of
2129other jurisdictions for which the applicant for the exemption
2130has completed or been lawfully released from confinement,
2131supervision, or sanction;
2132     (c)  Offenses that were felonies when committed but that
2133are now misdemeanors and for which the applicant for the
2134exemption has completed or been lawfully released from
2135confinement, supervision, or sanction; or
2136     (d)  Findings of delinquency. For offenses that would be
2137felonies if committed by an adult and the record has not been
2138sealed or expunged, the exemption may not be granted until at
2139least 3 years have elapsed since the applicant for the exemption
2140has completed or been lawfully released from confinement,
2141supervision, or sanction for the disqualifying offense; or
2142     (e)  Commissions of acts of domestic violence as defined in
2143s. 741.30.
2144
2145For the purposes of this subsection, the term "felonies" means
2146both felonies prohibited under any of the Florida statutes cited
2147in this chapter or under similar statutes of other
2148jurisdictions.
2149     (2)  Persons employed, or applicants for employment, by
2150treatment providers who treat adolescents 13 years of age and
2151older who are disqualified from employment solely because of
2152crimes under s. 817.563, s. 893.13, or s. 893.147 may be
2153exempted from disqualification from employment pursuant to this
2154chapter section without application of the 3-year waiting period
2155in paragraph (1)(a).
2156     (3)(a)  In order for the head of an agency a licensing
2157department to grant an exemption to any employee, the
2158must demonstrate by clear and convincing evidence that the
2159employee should not be disqualified from employment. Employees
2160seeking an exemption have the burden of setting forth clear and
2161convincing sufficient evidence of rehabilitation, including, but
2162not limited to, the circumstances surrounding the criminal
2163incident for which an exemption is sought, the time period that
2164has elapsed since the incident, the nature of the harm caused to
2165the victim, and the history of the employee since the incident,
2166or any other evidence or circumstances indicating that the
2167employee will not present a danger if employment or continued
2168employment is allowed.
2169     (b)  The agency may consider as part of its deliberations
2170of the employee's rehabilitation the fact that the employee has,
2171subsequent to the conviction for the disqualifying offense for
2172which the exemption is being sought, been arrested for or
2173convicted of another crime, even if that crime is not a
2174disqualifying offense.
2175     (c)  The decision of the head of an agency licensing
2176department regarding an exemption may be contested through the
2177hearing procedures set forth in chapter 120. The standard of
2178review by the administrative law judge is whether the agency's
2179intended action is an abuse of discretion.
2180     (4)(a)  Disqualification from employment under this chapter
2181subsection (1) may not be removed from, nor may an exemption be
2182granted to, any personnel who is found guilty of, regardless of
2183adjudication, or who has entered a plea of nolo contendere or
2184guilty to, any felony covered by s. 435.03 or s. 435.04 solely
2185by reason of any pardon, executive clemency, or restoration of
2186civil rights.
2187     (b)  Disqualification from employment under this chapter
2188may not be removed from, nor may an exemption be granted to, any
2189person who is a:
2190     1.  Sexual predator as designated pursuant to s. 775.21;
2191     2.  Career offender pursuant to s. 775.261; or
2192     3.  Sexual offender pursuant to s. 943.0435, unless the
2193requirement to register as a sexual offender has been removed
2194pursuant to s. 943.04354.
2195     (5)  Exemptions granted by one licensing agency shall be
2196considered by subsequent licensing agencies, but are not binding
2197on the subsequent licensing agency.
2198     Section 42.  Section 435.08, Florida Statutes, is amended
2199to read:
2200     435.08  Payment for processing of fingerprints and state
2201criminal records checks.-Either The employer or the employee is
2202responsible for paying the costs of screening. Payment shall be
2203submitted to the Florida Department of Law Enforcement with the
2204request for screening. The appropriate agency is responsible for
2205collecting and paying any fee related to fingerprints retained
2206on its behalf to the Department of Law Enforcement for costs
2207resulting from the fingerprint information retention services.
2208The amount of the annual fee and procedures for the submission
2209and retention of fingerprint information and for the
2210dissemination of search results shall be established by rule of
2211the Department of Law Enforcement.
2212     Section 43.  Subsection (1) of section 464.203, Florida
2213Statutes, is amended to read:
2214     464.203  Certified nursing assistants; certification
2215requirement.-
2216     (1)  The board shall issue a certificate to practice as a
2217certified nursing assistant to any person who demonstrates a
2218minimum competency to read and write and successfully passes the
2219required background Level I or Level II screening pursuant to s.
2220400.215 and meets one of the following requirements:
2221     (a)  Has successfully completed an approved training
2222program and achieved a minimum score, established by rule of the
2223board, on the nursing assistant competency examination, which
2224consists of a written portion and skills-demonstration portion
2225approved by the board and administered at a site and by
2226personnel approved by the department.
2227     (b)  Has achieved a minimum score, established by rule of
2228the board, on the nursing assistant competency examination,
2229which consists of a written portion and skills-demonstration
2230portion, approved by the board and administered at a site and by
2231personnel approved by the department and:
2232     1.  Has a high school diploma, or its equivalent; or
2233     2.  Is at least 18 years of age.
2234     (c)  Is currently certified in another state; is listed on
2235that state's certified nursing assistant registry; and has not
2236been found to have committed abuse, neglect, or exploitation in
2237that state.
2238     (d)  Has completed the curriculum developed under the
2239Enterprise Florida Jobs and Education Partnership Grant and
2240achieved a minimum score, established by rule of the board, on
2241the nursing assistant competency examination, which consists of
2242a written portion and skills-demonstration portion, approved by
2243the board and administered at a site and by personnel approved
2244by the department.
2245     Section 44.  Subsection (9) of section 489.115, Florida
2246Statutes, is amended to read:
2247     489.115  Certification and registration; endorsement;
2248reciprocity; renewals; continuing education.-
2249     (9)  An initial applicant shall submit, along with the
2250application, a complete set of fingerprints to in a form and
2251manner required by the department. The fingerprints shall be
2252submitted to the Department of Law Enforcement for state
2253processing, and the Department of Law Enforcement shall forward
2254them to the Federal Bureau of Investigation for national
2255processing for the purpose of determining if the applicant has a
2256criminal history record conducting a level 2 background check
2257pursuant to s. 435.04. The department shall and the board may
2258review the background results to determine if an applicant meets
2259licensure requirements. The cost for the fingerprint processing
2260shall be borne by the person subject to the background
2261screening. These fees are to be collected by the authorized
2262agencies or vendors. The authorized agencies or vendors are
2263responsible for paying the processing costs to the Department of
2264Law Enforcement.
2265     Section 45.  Paragraphs (g) and (h) of subsection (2) of
2266section 943.05, Florida Statutes, are amended, and subsection
2267(4) is added to that section, to read:
2268     943.05  Criminal Justice Information Program; duties; crime
2269reports.-
2270     (2)  The program shall:
2271     (g)  Upon official written request, and subject to the
2272department having sufficient funds and equipment to participate
2273in such request, from the agency executive director or
2274secretary, or designee, or from qualified entities participating
2275in the volunteer and employee criminal history screening system
2276under s. 943.0542, or as otherwise required As authorized by
2277law, retain fingerprints submitted by criminal and noncriminal
2278justice agencies to the department for a criminal history
2279background screening as in a manner provided by rule and enter
2280the fingerprints in the statewide automated fingerprint
2281identification system authorized by paragraph (b). Such
2282fingerprints shall thereafter be available for all purposes and
2283uses authorized for arrest fingerprint submissions cards entered
2284into the statewide automated fingerprint identification system
2285pursuant to s. 943.051.
2286     (h)1.  For each agency or qualified entity that officially
2287requests retention of fingerprints or for which retention is
2288otherwise required As authorized by law, search all arrest
2289fingerprint submissions cards received under s. 943.051 against
2290the fingerprints retained in the statewide automated fingerprint
2291identification system under paragraph (g).
2292     1.  Any arrest record that is identified with the retained
2293fingerprints of a person subject to background screening as
2294provided in paragraph (g) shall be reported to the appropriate
2295agency or qualified entity.
2296     2.  To Agencies may participate in this search process,
2297agencies or qualified entities must notify each person
2298fingerprinted that his or her fingerprints will be retained, pay
2299by payment of an annual fee to the department, and inform by
2300informing the department of any change in the affiliation,
2301employment, or contractual status or place of affiliation,
2302employment, or contracting of each person the persons whose
2303fingerprints are retained under paragraph (g) if such change
2304removes or eliminates the agency or qualified entity's basis or
2305need for receiving reports of any arrest of that person, so that
2306the agency or qualified entity is not obligated to pay the
2307upcoming annual fee for the retention and searching of that
2308person's fingerprints to the department. The department shall
2309adopt a rule setting the amount of the annual fee to be imposed
2310upon each participating agency or qualified entity for
2311performing these searches and establishing the procedures for
2312the retention of fingerprints and the dissemination of search
2313results. The fee may be borne by the agency, qualified entity,
2314or person subject to fingerprint retention or as otherwise
2315provided by law. Fees may be waived or reduced by the executive
2316director for good cause shown. Consistent with the recognition
2317of criminal justice agencies expressed in s. 943.053(3), these
2318services shall will be provided to criminal justice agencies for
2319criminal justice purposes free of charge.
2320     3.  Agencies that participate in the fingerprint retention
2321and search process may adopt rules to require employers to keep
2322the agency informed of any change in the affiliation,
2323employment, or contractual status of each person whose
2324fingerprints are retained under paragraph (g) if such change
2325removes or eliminates the agency's basis or need for receiving
2326reports of any arrest of that person, so that the agency is not
2327obligated to pay the upcoming annual fee for the retention and
2328searching of that person's fingerprints to the department.
2329     (4)  Upon notification that a federal fingerprint retention
2330program is in effect, and subject to the department being funded
2331and equipped to participate in such program, the department
2332shall, if state and national criminal history records checks and
2333retention of submitted prints are authorized or required by law,
2334retain the fingerprints as provided in paragraphs (2)(g) and (h)
2335and advise the Federal Bureau of Investigation to retain the
2336fingerprints at the national level for searching against arrest
2337fingerprint submissions received at the national level.
2338     Section 46.  Subsections (6) and (11) of section 943.053,
2339Florida Statutes, are amended to read:
2340     943.053  Dissemination of criminal justice information;
2341fees.-
2342     (6)  Notwithstanding any other provision of law, the
2343department shall provide to the Florida Department of Revenue
2344Child Support Enforcement access to Florida criminal records
2345that which are not exempt from disclosure under chapter 119, and
2346to such information as may be lawfully available from other
2347states via the National Law Enforcement Telecommunications
2348System, for the purpose of locating subjects who owe or
2349potentially owe support, as defined in s. 409.2554, or to whom
2350such obligation is owed pursuant to Title IV-D of the Social
2351Security Act. Such information may be provided to child support
2352enforcement authorities in other states for these specific
2353purposes.
2354     (11)  A criminal justice agency that is authorized under
2355federal rules or law to conduct a criminal history background
2356check on an agency employee who is not certified by the Criminal
2357Justice Standards and Training Commission under s. 943.12 may
2358submit to the department the fingerprints of the noncertified
2359employee to obtain state and national criminal history
2360information. Effective January 15, 2007, The fingerprints
2361submitted shall be retained and entered in the statewide
2362automated fingerprint identification system authorized by s.
2363943.05 and shall be available for all purposes and uses
2364authorized for arrest fingerprint submissions cards entered in
2365the statewide automated fingerprint identification system
2366pursuant to s. 943.051. The department shall search all arrest
2367fingerprint submissions cards received pursuant to s. 943.051
2368against the fingerprints retained in the statewide automated
2369fingerprint identification system pursuant to this section. In
2370addition to all purposes and uses authorized for arrest
2371fingerprint submissions cards for which submitted fingerprints
2372may be used, any arrest record that is identified with the
2373retained employee fingerprints must be reported to the
2374submitting employing agency.
2375     Section 47.  Paragraph (a) of subsection (2) of section
2376984.01, Florida Statutes, is amended to read:
2377     984.01  Purposes and intent; personnel standards and
2378screening.-
2379     (2)  The Department of Juvenile Justice or the Department
2380of Children and Family Services, as appropriate, may contract
2381with the Federal Government, other state departments and
2382agencies, county and municipal governments and agencies, public
2383and private agencies, and private individuals and corporations
2384in carrying out the purposes of, and the responsibilities
2385established in, this chapter.
2386     (a)  If When the department of Juvenile Justice or the
2387Department of Children and Family Services contracts with a
2388provider for any program for children, all personnel, including
2389owners, operators, employees, and volunteers, in the facility
2390must be of good moral character. Each contract entered into by
2391either department for services delivered on an appointment or
2392intermittent basis by a provider that does not have regular
2393custodial responsibility for children and each contract with a
2394school for before or aftercare services must ensure that the
2395owners, operators, and all personnel who have direct contact
2396with children are of good moral character. A volunteer who
2397assists on an intermittent basis for less than 10 40 hours per
2398month need not be screened if a person who meets the screening
2399requirement of this section is always present and has the
2400volunteer in his or her line of sight the volunteer is under
2401direct and constant supervision by persons who meet the
2402screening requirements.
2403     Section 48.  Section 985.644, Florida Statutes, is amended
2404to read:
2405     985.644  Departmental contracting powers; personnel
2406standards and screening.-
2407     (1)  The department of Juvenile Justice or the Department
2408of Children and Family Services, as appropriate, may contract
2409with the Federal Government, other state departments and
2410agencies, county and municipal governments and agencies, public
2411and private agencies, and private individuals and corporations
2412in carrying out the purposes of, and the responsibilities
2413established in, this chapter.
2414     (a)  When the Department of Juvenile Justice or the
2415Department of Children and Family Services contracts with a
2416provider for any program for children, all personnel, including
2417owners, operators, employees, and volunteers, in the facility
2418must be of good moral character. Each contract entered into by
2419the either department for services delivered on an appointment
2420or intermittent basis by a provider that does not have regular
2421custodial responsibility for children and each contract with a
2422school for before or aftercare services must ensure that all the
2423owners, operators, and all personnel who have direct contact
2424with children are subject to level 2 background screening
2425pursuant to chapter 435 of good moral character.
2426     (b)  A volunteer who assists the department or any program
2427for children on an intermittent basis for less than 10 40 hours
2428per month need not be screened if a person who meets the
2429screening requirement of this section is always present and has
2430the volunteer in his or her line of sight the volunteer is under
2431direct and constant supervision by persons who meet the
2432screening requirements.
2433     (b)  The Department of Juvenile Justice and the Department
2434of Children and Family Services shall require employment
2435screening pursuant to chapter 435, using the level 2 standards
2436set forth in that chapter for personnel in programs for children
2437or youths.
2438     (c)  The Department of Juvenile Justice or the Department
2439of Children and Family Services may grant exemptions from
2440disqualification from working with children as provided in s.
2441435.07.
2442     (2)  The department may contract with the Federal
2443Government, other state departments and agencies, county and
2444municipal governments and agencies, public and private agencies,
2445and private individuals and corporations in carrying out the
2446purposes and the responsibilities of the delinquency services
2447and programs of the department.
2448     (2)(3)  The department shall adopt a rule pursuant to
2449chapter 120 establishing a procedure to provide notice of policy
2450changes that affect contracted delinquency services and
2451programs. A policy is defined as an operational requirement that
2452applies to only the specified contracted delinquency service or
2453program. The procedure must shall include:
2454     (a)  Public notice of policy development.
2455     (b)  Opportunity for public comment on the proposed policy.
2456     (c)  Assessment for fiscal impact upon the department and
2457providers.
2458     (d)  The department's response to comments received.
2459     (4)  When the department contracts with a provider for any
2460delinquency service or program, all personnel, including all
2461owners, operators, employees, and volunteers in the facility or
2462providing the service or program shall be of good moral
2463character. A volunteer who assists on an intermittent basis for
2464less than 40 hours per month is not required to be screened if
2465the volunteer is under direct and constant supervision by
2466persons who meet the screening requirements.
2467     (3)(5)(a)  All employees of the department and all
2468personnel of contract providers for any program for children,
2469including all owners, operators, employees, persons who have
2470access to confidential juvenile records, and volunteers, must
2471complete For any person employed by the department, or by a
2472provider under contract with the department, in delinquency
2473facilities, services, or programs, the department shall require:
2474     1.  A level 2 employment screening pursuant to chapter 435
2475before prior to employment. The security background
2476investigation conducted under this section must ensure that, in
2477addition to the disqualifying offenses listed in s. 435.04, no
2478person subject to the background screening provisions of this
2479section has an arrest awaiting final disposition for, been found
2480guilty of, regardless of adjudication, or entered a plea of nolo
2481contendere or guilty to, or been adjudicated delinquent and the
2482record has not been sealed or expunged for, any offense
2483prohibited under the following provisions of state law or
2484similar laws of another jurisdiction:
2485     a.  Section 784.07, relating to assault or battery of law
2486enforcement officers, firefighters, emergency medical care
2487providers, public transit employees or agents, or other
2488specified officers.
2489     b.  Section 817.568, relating to criminal use of personal
2490identification information.
2491     2.  A national federal criminal records check by the
2492Federal Bureau of Investigation every 5 years following the date
2493of the person's employment.
2494     (b)  Except for law enforcement, correctional, and
2495correctional probation officers, to whom s. 943.13(5) applies,
2496the department shall electronically submit to the Department of
2497Law Enforcement:
2498     1.  Fingerprint information obtained during the employment
2499screening required by subparagraph (a)1.
2500     2.  Beginning on December 15, 2005, Fingerprint information
2501for all persons employed by the department, or by a provider
2502under contract with the department, in delinquency facilities,
2503services, or programs if such fingerprint information has not
2504previously been electronically submitted to the Department of
2505Law Enforcement under this paragraph.
2506     (c)  All fingerprint information electronically submitted
2507to the Department of Law Enforcement under paragraph (b) shall
2508be retained by the Department of Law Enforcement and entered
2509into the statewide automated fingerprint identification system
2510authorized by s. 943.05(2)(b). Thereafter, such fingerprint
2511information shall be available for all purposes and uses
2512authorized for arrest fingerprint information entered into the
2513statewide automated fingerprint identification system pursuant
2514to s. 943.051 until the fingerprint information is removed
2515pursuant to paragraph (e). The Department of Law Enforcement
2516shall search all arrest fingerprint information received
2517pursuant to s. 943.051 against the fingerprint information
2518entered into the statewide automated fingerprint system pursuant
2519to this subsection. Any arrest records identified as a result of
2520the search shall be reported to the department in the manner and
2521timeframe established by the Department of Law Enforcement by
2522rule.
2523     (d)  The department shall pay an annual fee to the
2524Department of Law Enforcement for its costs resulting from the
2525fingerprint information retention services required by this
2526subsection. The amount of the annual fee and procedures for the
2527submission and retention of fingerprint information and for the
2528dissemination of search results shall be established by the
2529Department of Law Enforcement by a rule that is applicable to
2530the department individually pursuant to this subsection or that
2531is applicable to the department and other employing agencies
2532pursuant to rulemaking authority otherwise provided by law.
2533     (e)  The department shall notify the Department of Law
2534Enforcement when a person whose fingerprint information is
2535retained by the Department of Law Enforcement under this
2536subsection is no longer employed by the department, or by a
2537provider under contract with the department, in a delinquency
2538facility, service, or program. This notice shall be provided by
2539the department to the Department of Law Enforcement within no
2540later than 6 months after the date of the change in the person's
2541employment status. Fingerprint information for persons
2542identified by the department in the notice shall be removed from
2543the statewide automated fingerprint system.
2544     (6)  The department may grant exemptions from
2545disqualification from working with children as provided in s.
2546435.07.
2547     (7)  The department may adopt rules to describe the
2548procedure and requirements necessary to administer the
2549employment screening and fingerprint retention services for all
2550employees of the department and all personnel of contract
2551providers for any program for children, including all owners,
2552operators, employees, and volunteers, including the collection
2553of associated fees.
2554     Section 49.  Paragraph (a) of subsection (1) of section
2555381.60225, Florida Statutes, is amended to read:
2556     381.60225  Background screening.-
2557     (1)  Each applicant for certification must comply with the
2558following requirements:
2559     (a)  Upon receipt of a completed, signed, and dated
2560application, the Agency for Health Care Administration shall
2561require background screening, in accordance with the level 2
2562standards for screening set forth in chapter 435, of the
2563managing employee, or other similarly titled individual
2564responsible for the daily operation of the organization, agency,
2565or entity, and financial officer, or other similarly titled
2566individual who is responsible for the financial operation of the
2567organization, agency, or entity, including billings for
2568services. The applicant must comply with the procedures for
2569level 2 background screening as set forth in chapter 435, as
2570well as the requirements of s. 435.03(3).
2571     Section 50.  Subsection (32) of section 409.912, Florida
2572Statutes, is amended to read:
2573     409.912  Cost-effective purchasing of health care.-The
2574agency shall purchase goods and services for Medicaid recipients
2575in the most cost-effective manner consistent with the delivery
2576of quality medical care. To ensure that medical services are
2577effectively utilized, the agency may, in any case, require a
2578confirmation or second physician's opinion of the correct
2579diagnosis for purposes of authorizing future services under the
2580Medicaid program. This section does not restrict access to
2581emergency services or poststabilization care services as defined
2582in 42 C.F.R. part 438.114. Such confirmation or second opinion
2583shall be rendered in a manner approved by the agency. The agency
2584shall maximize the use of prepaid per capita and prepaid
2585aggregate fixed-sum basis services when appropriate and other
2586alternative service delivery and reimbursement methodologies,
2587including competitive bidding pursuant to s. 287.057, designed
2588to facilitate the cost-effective purchase of a case-managed
2589continuum of care. The agency shall also require providers to
2590minimize the exposure of recipients to the need for acute
2591inpatient, custodial, and other institutional care and the
2592inappropriate or unnecessary use of high-cost services. The
2593agency shall contract with a vendor to monitor and evaluate the
2594clinical practice patterns of providers in order to identify
2595trends that are outside the normal practice patterns of a
2596provider's professional peers or the national guidelines of a
2597provider's professional association. The vendor must be able to
2598provide information and counseling to a provider whose practice
2599patterns are outside the norms, in consultation with the agency,
2600to improve patient care and reduce inappropriate utilization.
2601The agency may mandate prior authorization, drug therapy
2602management, or disease management participation for certain
2603populations of Medicaid beneficiaries, certain drug classes, or
2604particular drugs to prevent fraud, abuse, overuse, and possible
2605dangerous drug interactions. The Pharmaceutical and Therapeutics
2606Committee shall make recommendations to the agency on drugs for
2607which prior authorization is required. The agency shall inform
2608the Pharmaceutical and Therapeutics Committee of its decisions
2609regarding drugs subject to prior authorization. The agency is
2610authorized to limit the entities it contracts with or enrolls as
2611Medicaid providers by developing a provider network through
2612provider credentialing. The agency may competitively bid single-
2613source-provider contracts if procurement of goods or services
2614results in demonstrated cost savings to the state without
2615limiting access to care. The agency may limit its network based
2616on the assessment of beneficiary access to care, provider
2617availability, provider quality standards, time and distance
2618standards for access to care, the cultural competence of the
2619provider network, demographic characteristics of Medicaid
2620beneficiaries, practice and provider-to-beneficiary standards,
2621appointment wait times, beneficiary use of services, provider
2622turnover, provider profiling, provider licensure history,
2623previous program integrity investigations and findings, peer
2624review, provider Medicaid policy and billing compliance records,
2625clinical and medical record audits, and other factors. Providers
2626shall not be entitled to enrollment in the Medicaid provider
2627network. The agency shall determine instances in which allowing
2628Medicaid beneficiaries to purchase durable medical equipment and
2629other goods is less expensive to the Medicaid program than long-
2630term rental of the equipment or goods. The agency may establish
2631rules to facilitate purchases in lieu of long-term rentals in
2632order to protect against fraud and abuse in the Medicaid program
2633as defined in s. 409.913. The agency may seek federal waivers
2634necessary to administer these policies.
2635     (32)  Each managed care plan that is under contract with
2636the agency to provide health care services to Medicaid
2637recipients shall annually conduct a background check with the
2638Florida Department of Law Enforcement of all persons with
2639ownership interest of 5 percent or more or executive management
2640responsibility for the managed care plan and shall submit to the
2641agency information concerning any such person who has been found
2642guilty of, regardless of adjudication, or has entered a plea of
2643nolo contendere or guilty to, any of the offenses listed in s.
2644435.04 435.03.
2645     Section 51.  Paragraph (e) of subsection (1) of section
2646464.018, Florida Statutes, is amended to read:
2647     464.018  Disciplinary actions.-
2648     (1)  The following acts constitute grounds for denial of a
2649license or disciplinary action, as specified in s. 456.072(2):
2650     (e)  Having been found guilty of, regardless of
2651adjudication, or entered a plea of nolo contendere or guilty to,
2652any offense prohibited under s. 435.04 435.03 or under any
2653similar statute of another jurisdiction; or having committed an
2654act which constitutes domestic violence as defined in s. 741.28.
2655     Section 52.  Paragraph (m) of subsection (1) of section
2656468.3101, Florida Statutes, is amended to read:
2657     468.3101  Disciplinary grounds and actions.-
2658     (1)  The department may make or require to be made any
2659investigations, inspections, evaluations, and tests, and require
2660the submission of any documents and statements, which it
2661considers necessary to determine whether a violation of this
2662part has occurred. The following acts shall be grounds for
2663disciplinary action as set forth in this section:
2664     (m)  Having been found guilty of, regardless of
2665adjudication, or pleading guilty or nolo contendere to, any
2666offense prohibited under s. 435.04 435.03 or under any similar
2667statute of another jurisdiction.
2668     Section 53.  Subsection (3) of section 744.309, Florida
2669Statutes, is amended to read:
2670     744.309  Who may be appointed guardian of a resident ward.-
2671     (3)  DISQUALIFIED PERSONS.-No person who has been convicted
2672of a felony or who, from any incapacity or illness, is incapable
2673of discharging the duties of a guardian, or who is otherwise
2674unsuitable to perform the duties of a guardian, shall be
2675appointed to act as guardian. Further, no person who has been
2676judicially determined to have committed abuse, abandonment, or
2677neglect against a child as defined in s. 39.01 or s. 984.03(1),
2678(2), and (37), or who has been found guilty of, regardless of
2679adjudication, or entered a plea of nolo contendere or guilty to,
2680any offense prohibited under s. 435.04 435.03 or under any
2681similar statute of another jurisdiction, shall be appointed to
2682act as a guardian. Except as provided in subsection (5) or
2683subsection (6), a person who provides substantial services to
2684the proposed ward in a professional or business capacity, or a
2685creditor of the proposed ward, may not be appointed guardian and
2686retain that previous professional or business relationship. A
2687person may not be appointed a guardian if he or she is in the
2688employ of any person, agency, government, or corporation that
2689provides service to the proposed ward in a professional or
2690business capacity, except that a person so employed may be
2691appointed if he or she is the spouse, adult child, parent, or
2692sibling of the proposed ward or the court determines that the
2693potential conflict of interest is insubstantial and that the
2694appointment would clearly be in the proposed ward's best
2695interest. The court may not appoint a guardian in any other
2696circumstance in which a conflict of interest may occur.
2697     Section 54.  Subsection (12) of section 744.474, Florida
2698Statutes, is amended to read:
2699     744.474  Reasons for removal of guardian.-A guardian may be
2700removed for any of the following reasons, and the removal shall
2701be in addition to any other penalties prescribed by law:
2702     (12)  Having been found guilty of, regardless of
2703adjudication, or entered a plea of nolo contendere or guilty to,
2704any offense prohibited under s. 435.04 435.03 or under any
2705similar statute of another jurisdiction.
2706     Section 55.  Paragraph (a) of subsection (6) of section
2707985.04, Florida Statutes, is amended to read:
2708     985.04  Oaths; records; confidential information.-
2709     (6)(a)  Records maintained by the department, including
2710copies of records maintained by the court, which pertain to a
2711child found to have committed a delinquent act which, if
2712committed by an adult, would be a crime specified in s. ss.
2713435.03 and 435.04 may not be destroyed under this section for a
2714period of 25 years after the youth's final referral to the
2715department, except in cases of the death of the child. Such
2716records, however, shall be sealed by the court for use only in
2717meeting the screening requirements for personnel in s. 402.3055
2718and the other sections cited above, or under departmental rule;
2719however, current criminal history information must be obtained
2720from the Department of Law Enforcement in accordance with s.
2721943.053. The information shall be released to those persons
2722specified in the above cited sections for the purposes of
2723complying with those sections. The court may punish by contempt
2724any person who releases or uses the records for any unauthorized
2725purpose.
2726     Section 56.  Section 409.1758, Florida Statutes, is
2727repealed.
2728     Section 57.  Paragraph (d) of subsection (4) of section
2729456.039, Florida Statutes, is repealed.
2730     Section 58.  The changes made by this act are intended to
2731be prospective in nature. It is not intended that persons who
2732are employed or licensed on the effective date of this act be
2733rescreened until such time as they are otherwise required to be
2734rescreened pursuant to law, at which time they must meet the
2735requirements for screening as set forth in this act.
2736     Section 59.  This act shall take effect August 1, 2010.


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